Specifications Project 2023-16
BID DOCUMENTS
&
SPECIFICATIONS
CITY PROJECT NO. 2023-16
FY23/24 PAVEMENT MANAGEMENT PLAN
CITY OF LA QUINTA, CALIFORNIA
PREPARED FOR:
CITY OF LA QUINTA
DEPARTMENT OF DESIGN & DEVELOPMENT
78-495 CALLE TAMPICO
LA QUINTA, CA 92253
(760) 777-7000
APPROVED BY: DATE:
__________________________________________
BRYAN McKINNEY, P.E.
PUBLIC WORKS DIRECTOR/ CITY ENGINEER
R.C.E. No. 49418 Exp Date: 09/30/24
April 2024
April 17, 2024
TABLE OF CONTENTS
DIVISION 1 - BIDDING AND CONTRACT REQUIREMENTS PAGE
1100 Invitation to Bid 1100-1
1110 Instructions to Bidders 1110-1
1.0 Work to be Done 1110-1
2.0 Examination of Contract Documents 1110-1
3.0 Inspection of Site 1110-1
4.0 Interpretation of Contract Documents 1110-2
5.0 Postponement of Opening 1110-2
6.0 Opening of Bids 1110-2
7.0 Preparation of Bid Forms 1110-3
8.0 Bidder’s Signature and Authority 1110-3
9.0 Erasures 1110-4
10.0 Bid Irregularities 1110-4
11.0 Modification of Bid 1110-4
12.0 Withdrawal of Bids 1110-4
13.0 Addenda 1110-4
14.0 Bid Prices 1110-4
15.0 Bid Guaranty 1110-5
16.0 Qualification of Bidder 1110-5
17.0 Subcontractors 1110-5
18.0 Bidders Interested in More Than One Bid 1110-6
19.0 Sheeting, Shoring, and Bracing 1110-6
20.0 Wage Rates 1110-6
21.0 Offer of Assignment of Antitrust Actions 1110-7
22.0 Assignment of Contract 1110-7
23.0 Rejection of Bids 1110-7
24.0 Contract and Bonds 1110-7
25.0 Award of Contract 1110-8
26.0 Execution of Contract 1110-8
27.0 Construction Documents 1110-8
28.0 Bid Protest 1110-8
29.0 Compliance with Iran Contracting Act of 2010 1110-9
30.0 Compliance with California Executive Order N-6-22 1110-10
1200 Bid 1200-1
1210 Bid Schedule 1210-1
1220 Bid Guaranty Bond 1220-1
1230 Certification of Bidder's Experience and Qualifications 1230-1
1240 Proposed Subcontractors 1240-1
1250 Non-Collusion Affidavit 1250-1
1260 DIR Project Vendor Information 1260-1
1270 Iran Contracting Act of 2010 Certification 1270-1
1280 Russian Aggression Against Ukraine Sanctions 1280-1
Certification
1300 Contract 1300-1
1310 Performance Bond 1310-1
1320 Payment Bond 1320-1
1330 Workers' Compensation Insurance Certificate 1330-1
1340 Liability and Insurance Requirements 1340-1
1.0 Indemnification 1340-1
2.0 Insurance Requirements 1340-3
2.1 General 1340-3
2.2 Insurance 1340-3
2.3 Remedies 1340-5
2.4 General Conditions 1340-5
2.5 Change in Terms 1340-8
1400 General Conditions 1400-1
1.0 General 1400-1
1.1 Intent of Contract Documents 1400-1
1.2 Discrepancies and Omissions 1400-1
1.3 Headings 1400-2
1.4 Penalty for Collusion 1400-2
1.5 Successors and Assigns 1400-2
1.6 Assignment to City 1400-2
1.7 Rights and Remedies 1400-2
1.8 Definitions 1400-2
2.0 Administration 1400-7
2.1 Administration of the Contract 1400-7
2.2 City Engineer 1400-7
2.3 Consultants 1400-8
3.0 City 1400-8
3.1 General 1400-8
3.2 Attention to Work 1400-8
3.3 Inspection 1400-9
3.4 City's Right to Carry Out the Work 1400-9
3.5 City's Right to Perform Work and to 1400-9
Award Separate Contracts
4.0 Contractor 1400-10
4.1 Office 1400-10
4.2 Contractor's Representative 1400-10
4.3 Construction Procedures 1400-10
4.4 Contractor's Employees 1400-10
4.5 Subcontractors 1400-11
4.6 Contractor's Equipment and Facilities 1400-11
4.7 Public Safety and Convenience 1400-11
4.8 City-Contractor Coordination 1400-12
4.9 Permits 1400-13
4.10 Contractor's Responsibility for the Work and Material 1400-13
4.11 Laws to be Observed 1400-14
4.12 Safety 1400-17
5.0 Control of Work and Material 1400-18
5.1 Means and Method 1400-18
5.2 City-Furnished Materials 1400-19
5.3 Defective and Unauthorized Work 1400-19
5.4 Unnoticed Defects 1400-20
5.5 Right to Retain Imperfect Work 1400-20
6.0 Progress of the Work 1400-20
6.1 Beginning of Work 1400-20
6.2 Time of Completion 1400-20
6.3 Delays 1400-20
6.4 Time Extensions 1400-21
6.5 Temporary Suspension of Work 1400-23
6.6 Termination of Contract 1400-24
7.0 Changes in Scope of Work 1400-25
7.1 Change Orders 1400-25
7.2 Differing Site Conditions 1400-26
7.3 Resolution of Disputes 1400-26
8.0 Project Modifications Procedures 1400-31
8.1 Changes in Contract Price 1400-31
8.2 Negotiated Change Orders 1400-32
8.3 Force Account Payment 1400-33
8.4 Time Extensions for Change Orders 1400-35
9.0 Payment 1400-35
9.1 Scope of Payment 1400-35
9.2 Partial Payments 1400-36
9.3 Partial Payments - Inclusion of Material on Hand 1400-37
9.4 Right to Withhold Amounts 1400-37
9.5 Substantial Completion 1400-39
9.6 Final Inspection and Payment 1400-40
9.7 Warranty of Title 1400-41
1500 Supplemental General Conditions 1500-1
1.0 City Engineer 1500-1
2.0 Consultants 1500-1
2.1 Design Engineer 1500-1
2.2 Materials Testing 1500-1
2.3 Survey 1500-1
3.0 Liquidated Damages 1500-1
4.0 Submittals 1500-2
DIVISION 2 - GENERAL PROJECT REQUIREMENTS
2000 General 2000-1
1.0 Standard Specifications 2000-1
1.1 Alternative Specifications 2000-1
2.0 Standard Plans 2000-2
2.1 Alternative Guidance 2000-2
3.0 Preconstruction Conference 2000-2
3.1 Attendees 2000-2
3.2 Agenda 2000-2
4.0 Progress Schedules 2000-2
4.1 General 2000-2
4.2 Construction Schedule 2000-3
4.3 Time Impact Analysis 2000-4
4.4 Weekly Activities Plan 2000-4
4.5 Cash Flow Projection 2000-4
4.6 Lump Sum Price Breakdown 2000-4
5.0 Special Controls 2000-5
5.1 Dust Control 2000-5
5.2 Noise Abatement 2000-5
5.3 Working Hours 2000-5
5.4 Drainage Control 2000-5
5.5 Construction Cleaning 2000-6
5.6 Disposal of Material 2000-6
5.7 Parking and Storage Areas 2000-6
6.0 Protection and Restoration of
Existing Improvements 2000-6
7.0 Existing Utilities 2000-7
7.1 General 2000-7
7.2 Notification and Location 2000-7
7.3 Damage and Protection 2000-7
7.4 Utility Relocation and Rearrangement 2000-7
7.5 Underground Facilities 2000-8
DIVISION 3 - SPECIAL PROVISIONS
SECTION 3000
1.0 General 3000-1
1.1 Scope of Services 3000-1
1.2 Project Description 3000-1
1.3 Project Plans 3000-1
1.4 Drawings of Record 3000-1
1.5 Cooperation with other Contractors 3000-2
1.6 Time Allowed for Construction 3000-2
2.0 Bid Items 3000-2
3.0 Materials 3000-3
3.1 General 3000-3
3.2 Substitutions 3000-3
3.3 Storage 3000-3
4.0 Work Details 3000-3
4.1 Traffic Control 3000-3
4.2 Dust Control 3000-7
4.3 Water 3000-7
4.4 Permits, Licenses, and Inspection Fees 3000-8
4.5 Air Contaminants 3000-8
4.6 Notification 3000-8
DIVISION 4 - TECHNICAL SPECIFICATIONS
SECTION 4000
1.0 General Requirements 4000-1
2.0 Mobilization 4000-1
3.0 Traffic Control 4000-1
4.0 Dust Control 4000-3
5.0 Clearing and Grubbing 4000-3
6.0 Unclassified Excavation 4000-4
7.0 Existing Concrete Pavement Removal 4000-5
8.0 Cold Milling AC Pavement 4000-5
9.0 Existing Bituminous Pavement Removal 4000-6
10.0 Grading and Subgrade Preparation 4000-7
11.0 Concrete and Masonry Construction 4000-7
12.0 Asphalt Concrete 4000-9
13.0 Emulsion Aggregate Slurry Seal 4000-12
14.0 Landscape and Irrigation 4000-18
15.0 Striping and Pavement Markings 4000-19
16.0 Traffic Signs 4000-21
17.0 Adjust To Grade, Sewer Manhole 4000-22
Appendix A: Escrow Agreement for Security Deposits In lieu of Retention
Appendix B: Standard Plans
Appendix C: Sample GIS Maps
Appendix D: Additive Alternate No. 3
Invitation to Bid
1100-1
SECTION 1100
INVITATION TO BID
PROJECT NO. 2023-16
FY23/24 PAVEMENT MANAGEMENT PLAN
SEALED BIDS will be received by the City of La Quinta (City) at the Office of the City Clerk
located at 78-495 Calle Tampico, La Quinta, California, 92253, until 10:00 A.M. on
Thursday, May 9, 2024 at which time they will be publicly opened and read for performing
work as follows:
The project consists of furnishing and applying slurry seal on select streets
within the City of La Quinta. These streets include, Avenida Ramirez,
Avenida Vallejo, Avenida Herrera, Avenida Velasco, Eisenhower Drive, and
Avenue 60. The proposed work includes, but is not limited to, weed removal,
header cuts, application of crack sealant, removal of existing striping,
application of Type II Latex Emulsion Aggregate Slurry Seal, and re-striping
slurried streets. All project work and incidental items to complete the project
shall be performed in accordance with the plans, specifications, and other
provisions of the contract. All the above improvements are to be constructed
in a workmanlike manner, leaving the entire project in a neat and
presentable condition. Refer to Sections 3000 and 4000 for more
information.
This project shall be completed within 35 working days from the date specified in the
Notice to Proceed. Time for the commencement and completion of the work is important
and is to be of the essence of the Contract. The successful bidder should plan to order any
long lead time equipment items immediately following “Notice of Award”.
A pre-bid conference is scheduled for 9:00 A.M., Thursday, May 2, 2024 in the Public
Works conference room at City of La Quinta, City Hall located at 78-495 Calle
Tampico, La Quinta, California 92253.
Complete sets of the bidding documents may be purchased online at:
www.planitplanroom.com
IMPORTANT: If you are not on the plan holders list through Planit Planroom you will not
receive addendums. It is the responsibility of the bidder to ensure that they are placed on
the plan holders list.
Bidding procedures are prescribed in the Project Specifications. Bids shall be executed
upon the forms bound and made a part of said Specifications.
Invitation to Bid
1100-2
Bid security in an amount not less than ten percent (10%) of the total bid dollar amount and
conforming to the prescribed bidding procedures is required to be submitted with each bid,
as a guaranty to be forfeited should the bidder, if awarded the contract, fail to enter into the
same, or fails to furnish in a timely manner the bonds and/or proof of insurance. The City
reserves the right to reject any or all bids, and to waive any irregularities in the bids. Bid
log sheets can be found at http://www.laquintaca.gov/business/design-and-
development/bid-on-jobs.
Pursuant to the provisions of California Labor Code Section 6707, each bid submitted in
response to this Invitation to Bid shall contain, as a bid item, adequate sheeting, shoring,
and bracing, or equivalent method, for the protection of life and limb in trenches and open
excavation, which shall conform to applicable safety orders. By listing this sum, the bidder
warrants that its action does not convey tort liability to the City, its consultants, and their
employees, agents, and sub-consultants.
Pursuant to Section 1770, et. seq., of the California Labor Code, the successful bidder shall
pay not less than the prevailing rate of per diem wages as determined by the Director of the
California Department of Industrial Relations. These wage rates are available from the
California Department of Industrial Relations’ Internet website at http://www.dir.ca.gov.
Pursuant to Section 1725.5 of the California Labor Code, no contractor or subcontractor
may be awarded a contract for public work on a public works project unless registered with
the Department of Industrial Relations at the time the contract is awarded. Contractors and
subcontractors may find additional information for registering at the Department of Industrial
Relations website at http://www.dir.ca.gov/Public-Works/PublicWorks.html .
Pursuant to Labor Code section 1771.1, no contractor or subcontractor may be listed on a
bid proposal for a public works project submitted on or after March 1, 2015 unless
registered with the Department of Industrial Relations. Furthermore, all bidders and
contractors are hereby notified that no contractor or subcontractor may be awarded, on or
after April 1, 2015, a contract for public work on a public works project unless registered
with the Department of Industrial Relations.
Pursuant to Labor Code section 1771.4, all bidders are hereby notified that this project is
subject to compliance monitoring and enforcement by the Department of Industrial
Relations.
Pursuant to SB854, all contractors and subcontractors must furnish electronic
certified payroll records directly to the Labor Commissioner (aka Division of Labor
Standards Enforcement). All contractors and subcontractors must also provide a
copy and proof to the City of online submittal within 2 days of online submission.
Pursuant to Public Contract Code Section 22300, for monies earned by the Contractor and
withheld by the City to ensure the performance of the Contract, the Contractor may, at its
option, choose to substitute securities meeting the requirements of said Public Contract
Code Section 22300.
Invitation to Bid
1100-3
All bidders shall be licensed under the provisions of Chapter 9, Division 3 of the Business
and Professions Code of the State of California to do the type of work contemplated in the
project. In accordance with provisions of California Public Contract Code Section 3300, the
City has determined that the General Contractor shall possess a valid Class A (General
Contractor) and/or C12 (Earthwork and Paving Contractor), at the time that the bid is
submitted. Subcontractors shall possess valid, suitable licenses for the work they will
perform. Failure to possess the specified license(s) shall render the bid as non-responsive.
The successful bidder will be required to furnish a Labor and Materials bond in the amount
equal to one hundred percent (100%) of the Contract price, as well as a Faithful
Performance Bond, in the amount equal to one hundred percent (100%) of the Contract
price.
Each bidder shall submit with its bid a statement setting forth its experience on the forms
included in the Bid Proposal.
Telephones will not be available to bidders. Bid forms received after the designated time
will not be accepted. Bidders and their authorized agents are invited to attend.
No bidder may withdraw its bid for a period of sixty (60) days after the date set for the
opening of bids.
Approved By: Date:
Bryan McKinney, P.E.
Public Works Director/ City Engineer
Published By: Date:
Monika Radeva
City Clerk
END OF SECTION
April 17, 2024
April 17, 2024
Instruction to Bidders 1110-1
SECTION 1110
INSTRUCTIONS TO BIDDERS
1.0 WORK TO BE DONE
It is the intention of the City to construct improvements as shown and set forth on the plans
and detailed drawings, and in the particular locations shown on the drawings. All of the
work is particularly set forth in the plans and specifications, and all of said work, together
with all other work incidental thereto, is included.
The work includes the furnishing of all labor, materials, incidentals and equipment
necessary for Project No. 2023-16, FY23/24 Pavement Management Plan, and all
appurtenant incidental items. The Contractor shall be required to provide, at its own cost
and expense, all necessary insurance, as required by law or these specifications, and shall
pay the cost and expense of any and all incidental matters herein required.
2.0 EXAMINATION OF CONTRACT DOCUMENTS
Each bidder shall thoroughly examine and be familiar with those Contract documents
contained in the Project Manual, drawings and addenda, if any. The submission of a bid
shall constitute an acknowledgment upon which the City may rely that the bidder has
thoroughly examined and is familiar with the Contract documents. The failure or neglect of
a bidder to receive or examine any of the Contract documents shall in no way relieve him
from any obligation with respect to its proposal or to the Contract. No claim for additional
compensation will be allowed which is based upon a lack of knowledge of any Contract
documents.
3.0 INSPECTION OF SITE
Bidders are required to inspect the site of the work to satisfy themselves by personal
examination or by such other means as they may prefer, of the location of the proposed
work, and of the actual conditions of and at the site of work. If, during the course of its
examination, a bidder finds facts or conditions which appear to be in conflict with the letter
or spirit of the bidding documents, the Bidder may apply to the City, in writing, for additional
information and explanation before submitting its bid.
Submission of a bid by the bidder shall constitute acknowledgment that, if awarded the
Contract, it has relied and is relying on its own examination of (1) the site of the work, (2)
access to the site, and (3) all other data and matters requisite to the fulfillment of the work
and on its own knowledge of existing facilities on and in the vicinity of the site of the work to
be constructed under the Contract.
The information provided by the City is not intended to be a substitute for, or a supplement
to the independent verification by the bidder to the extent such independent investigation of
site conditions is deemed necessary or desirable by the bidder.
Instruction to Bidders 1110-2
4.0 INTERPRETATION OF CONTRACT DOCUMENTS
No oral representations or interpretations will be made to any bidder as to the meaning of
the Contract documents. Requests for an interpretation shall be made in writing and
delivered at least five (5) days before the time announced for opening the bids to:
Ubaldo Ayón, Assistant Construction Manager
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
(760) 777-7096 – Phone
uayon@laquintaca.gov – Email
Requests to clarify the source of materials, equipment, suppliers or any other such matter
which does not modify, change, increase, or decrease the scope of work requires no action
by the City other than a response to the bidder requesting the clarification. Requests to
clarify possible ambiguous or incomplete statements or designs, or any other such
clarification which modifies, changes, increases or decreases the scope of work, requires
issuance of an addendum by the City for the interpretation to become effective.
5.0 POSTPONEMENT OF OPENING
The City reserves the right to postpone the date and time for receiving and/or opening of
bids at any time prior to the date and time established in the Invitation to Bid.
Postponement notices shall be mailed to plan holders of record in the form of addenda.
6.0 OPENING OF BIDS
All bids, irrespective of any irregularities or informalities, if received on time, will be opened
and publicly read aloud at the time and place set forth in the Invitation to Bid. Bidders, their
representatives and other interested persons may be present at the opening and reading of
bids.
Any bids received after the time for receiving and opening bids as set forth in the Invitation
to Bid or as postponed by addenda will be considered nonresponsive and will not be
opened. Any such bids will be returned unopened to the Bidder.
The public reading of each bid will include at least the following:
A. Name and address of bidder.
B. The total amount of bid.
C. The nature and amount of the security furnished with the bid.
Instruction to Bidders 1110-3
7.0 PREPARATION OF BID FORMS
Bids shall be made on the blank forms in this manual and must be submitted at the time
and place stated in the Invitation to Bid. All blanks in the bid forms must be appropriately
filled in and all prices must be stated in figures. Unit prices in each and every case shall
represent a true unit price used in preparing the bid schedule totals (Bid Form). Unit prices
listed herein shall include material, installation and appurtenant work as is necessary to have
the item complete and in place meeting the full intent of the plans and specifications.
Unbalanced unit prices shall be sufficient cause for rejection of the bid. The purpose of the
unit pricing is for bid evaluation and changes in the work during construction. The basis for
award shall be the lowest combined price of the Base Bid Area plus all Additive
Alternates. All bids must be submitted in a sealed envelope, addressed to the City Clerk,
with the following annotation:
It is the sole responsibility of the bidder to see that its bid is received in proper time. Any bid
received after the scheduled closing time for receipt of bids will be returned to the bidder
unopened. City shall not be responsible for errors or omissions in the bid. Bidders shall
write their names on each bid form at the space provided.
8.0 BIDDER'S SIGNATURE AND AUTHORITY
If the bid is made by an individual, his/her name, signature, and post office address must
be shown; if made by a firm or partnership, the name and post office address of the firm or
partnership, a list of the partners, and the signature of at least one of the general partners
must be shown; if made by a corporation, the bid shall show the name of the state under
the laws of which the corporation is chartered, the name and post office address of the
corporation, and the title of the person who signs on behalf of the corporation. If the bid is
made by the corporation, a certified copy of the bylaws or resolution of the Board of
Directors of the corporation shall be furnished, upon request of the City Engineer or
designee, showing the authority of the officer signing the bid to execute Contracts on behalf
of the corporation. If the bid is made by a joint venture, the bid shall be signed by a
representative of one of the joint venture firms. Additionally, the bid shall include a copy of
the resolution or contract empowering the representative to execute the bid and bind the
joint venture.
BIDDER ____________________________
ADDRESS ____________________________
____________________________
This envelope contains a SEALED BID for:
Project No. 2023-16, FY23/24 Pavement
Management Plan
CITY OF LA QUINTA, CALIFORNIA
Envelope to be opened on:
May 9, 2024 @ 10:00 A.M.
Unless revised by Addendum.
Instruction to Bidders 1110-4
9.0 ERASURES
The bid submitted must not contain any erasure, interlineations, or other corrections unless
each such correction is suitably authenticated by affixing in the margin immediately
opposite the correction the signature or signatures of the person or persons submitting the
bid.
10.0 BID IRREGULARITIES
Changes in or additions to the bid form, recapitulations of the work bid upon,
alternative bids, or any other modifications of the bid form which are not specifically
called for in the Contract Documents may result in rejection of the bid by the City, as
not being responsive to the Invitation to Bid. No oral or telephonic modification of any
bid submitted will be considered.
11.0 MODIFICATION OF BID
Modification of a bid already received will be considered only if the modification is received
prior to the time established for receiving bids. Modifications shall be made in writing,
executed, and submitted in the same form and manner as the original bid.
12.0 WITHDRAWAL OF BIDS
In accordance with Public Contract Code 5103, within five days after the opening of bids, a
bidder may withdraw its bid providing the bidder can establish to the City's satisfaction that
a mistake was made in preparing the bid. A bidder desiring to withdraw shall give written
notice to the City, specifying, in detail, how the mistake occurred and how the mistake
made the bid materially different than it was intended to be. Withdrawal will not be
permitted for mistakes resulting from errors in judgment or carelessness in inspecting the
site of the work or in reading the Project Documents.
13.0 ADDENDA
Addenda issued during the time of bidding shall become a part of the documents furnished
bidders for the preparation of bids, shall be covered in the bids, and shall be made a part of
the Contract. Each bid shall include specific acknowledgment in the space provided of
receipt of all Addenda issued during the bidding period. Failure to so acknowledge may
result in the bid being rejected as not responsive. Failure of any bidder to receive such
Addenda shall not be grounds for non-compliance with the terms of the instructions. You
must be on the plan holders list through Planit Planroom Enterprises or Plan Manager Pro
in order to receive Addenda.
14.0 BID PRICES
Bid prices shall include everything necessary for the completion of the work including but
not limited to providing the materials, equipment, tools, plant and other facilities, and the
management, superintendence, labor and services. Bid prices shall include allowance for
all federal, state and local taxes.
Instruction to Bidders 1110-5
In the event of a difference between a price quoted in words and a price quoted in figures
for the same quotation, the words shall be the amount bid. In the event that the product of a
unit price and an estimated quantity does not equal the extended amount quoted, the unit
price shall govern, and the correct product of the unit price and the estimated quantity shall
be deemed to be the amount bid. If the sum of two or more items in a bidding schedule
does not equal the total amount quoted, the individual item amounts shall govern and the
correct total shall be deemed to be the amount bid.
15.0 BID GUARANITY
The bid form shall be accompanied by a bid guaranty bond provided by a guaranty
company authorized to carry on business in the State of California for payment to the City
in the sum of at least ten (10) percent of the total amount of the bid price, or, alternatively,
by a certified or cashier's check, payable to the City in the sum of at least ten (10) percent
of the total amount of the bid price. The bid guarantee bond shall be provided on the form
included in Section 1220, BID GUARANTY BOND, of this Project Document. The amount
payable to the City under the bid guaranty bond, or the certified or cashier's check and the
amount thereof, as the case may be, shall be forfeited to the City as liquidated damages in
case of a failure or neglect of the bidder to furnish, execute, and deliver to the City the
required performance and payment bonds evidences of insurance; and to enter into,
execute, and deliver to the City the Contract on the form provided herewith, within ten (10)
calendar days after receiving written notice from the City that the award has been made
and the Contract is ready for execution.
The City shall retain all bid security until a contract has been executed or until the City
Council rejects all bids at which time all bid security not forfeited shall be returned to the
appropriate bidders.
16.0 QUALIFICATION OF BIDDER
Each bidder shall complete and submit with their bid Section 1230, CERTIFICATION OF
BIDDER'S EXPERIENCE AND QUALIFICATIONS.
Upon the request of City, any bidder whose bid is under consideration for the award of the
Contract shall promptly submit satisfactory evidence showing the bidder's financial
resources, its construction experience, and its organization's availability for the
performance of the Contract.
The bidder may be required to establish to the satisfaction of the City the reliability and
responsibility of the persons or entities proposed to furnish and perform the work described
in the Documents.
Instruction to Bidders 1110-6
17.0 SUBCONTRACTORS
In accordance with California Public Contracting Code Section 4100, et. seq., each bid
shall have listed in Section 1240, PROPOSED SUBCONTRACTORS, the name, portion of
work to be performed, and location of the place of business of each subcontractor who will
perform work or labor or render service to the bidder in or about the construction of the
work or improvement, or of any subcontractor licensed by the State of California who, under
subcontract to the bidder, will specially fabricate and install a portion of the work or
improvement according to detailed drawings contained in the plans and specifications, in
an amount in excess of one-half of one percent of the bidder's total bid, or, in the case of
bids or offers for the construction of streets or highways, including bridges, in excess of
one-half of one percent of the bidder's total bid or Ten Thousand Dollars ($10,000.00),
whichever is greater.
The Contractor shall perform, with its own organization, Contract work amounting to at least
50 percent of the Contract Price except that any designated “Specialty Items” may be
performed by subcontract and the amount of any such “Specialty Items” so performed will
be deducted from the Contract Price before computing the amount required to be
performed by the Contractor with its own organization. “Specialty Items” will be identified by
the Agency in the Bid or in the Special Provisions. Where an entire item is subcontracted,
the value of work subcontracted will be based on the Contract Unit Price. When a portion of
an item is subcontracted, the value of work subcontracted will be based on the estimated
percentage of the Contract Unit Price. This will be determined from the information
submitted by the Contractor, and subject to approval of the Engineer.
Failure to list subcontractors may render the bid non-responsive and may be grounds for
rejection of the bid. Failure to comply with the provisions of the California "Subletting and
Subcontracting Fair Practices Act" shall make the Contractor subject to the sanctions as set
forth in the Act.
18.0 BIDDERS INTERESTED IN MORE THAN ONE BID
No person, firm, or corporation, under the same or different name, shall make, file, or be
interested in more than one bid for the same work unless alternate bids are called for. A
person, firm, or corporation may, however, submit sub-proposals or quote prices on
materials to more than one bidder.
The City may reject the bids of the known participants in such collusion. Pursuant to Public
Contract Code Section 7106, bidders shall execute and furnish with their bids Section
1250, NON-COLLUSION AFFIDAVIT.
19.0 SHEETING, SHORING AND BRACING
Pursuant to the provisions of California Labor Code Section 6707, each bid submitted shall
contain, in the bid item indicated, the amount included in its bid for adequate sheeting,
shoring, and bracing, or equivalent method, for the protection of life and limb in trenches
and open excavation, which shall conform to applicable safety orders. By listing this sum,
the bidder warrants that its action does not convey tort liability to the City, its consultants,
and their employees, agents, and sub-consultants.
Instruction to Bidders 1110-7
20.0 WAGE RATES
Pursuant to provisions of the Labor Code Section 1770, et. seq., of the State of California,
the Director of the Department of Industrial Relations has ascertained the prevailing rate of
per diem wages of the locality in which the Work is to be performed and applicable to the
work to be done. These wage rates are available from the California Department of
Industrial Relations’ Internet web site at: www.dir.ca.gov
Bidders shall promptly notify the City, in writing, about all the classifications of labor not
listed in the prevailing wage determinations but necessary for the performance of the Work
before bids are submitted.
21.0 OFFER OF ASSIGNMENT OF ANTITRUST ACTIONS
As provided by Sections 4551 and 4552 of the California Government Code, in submitting a
bid to the City, the bidder offers and agrees that if the bid is accepted, it will assign to the
City all rights, title, and interest in and to all causes of action it may have under Section 4 of
the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 [commencing
with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising
from purchases of goods, materials, or services by the bidder for sale to the City pursuant
to the bid. Such assignment shall be made and become effective at the time the City
tenders final payment to the bidder.
22.0 ASSIGNMENT OF CONTRACT
No assignment by the Contractor of any contract to be entered into hereunder, or any part
thereof, or of funds to be received thereunder by the Contractor, will be recognized by City
unless such assignment has had prior approval of City and the Surety has been given due
notice of such assignment in writing and has consented thereto in writing.
23.0 REJECTION OF BIDS
The City reserves the right to reject all bids for any reason. The City further reserves the
right to reject any bid: which is non-responsive, incomplete, obscure, or irregular; which
omits a bid on any one or more of the required bid items; which does not contain
satisfactory documentation of the bidder's qualifications as required by Section 1110-16.0,
QUALIFICATION OF BIDDER; which, in the City's opinion, the unit prices are unbalanced;
which is accompanied by insufficient or irregular bid security; or, which is from a bidder who
has previously failed, on a contract of any nature, to perform properly or to complete it on
time. The City reserves the right to waive irregularities.
24.0 CONTRACT AND BONDS
The successful bidder, simultaneously with the execution of the Contract, will be required to
furnish a Payment Bond on forms provided by the City in an amount equal to one hundred
percent (100%) of the Contract Price, a Faithful Performance Bond in an amount equal to
one hundred (100%) of the Contract Price, and the WORKER'S COMPENSATION
INSURANCE CERTIFICATE in Section 1330. Said bonds shall be secured from a surety
company satisfactory to City.
Instruction to Bidders 1110-8
The form of Contract, as provided in Section 1300, which the successful bidder as
Contractor will be required to execute, and the forms of bonds as provided in Sections 1310
and 1320, which it will be required to furnish, shall be carefully examined by the bidder.
25.0 AWARD OF CONTRACT
Within sixty (60) days after the time of opening of the bids, the City will act either to accept
a bid, to reject all bids or with the consent of the bidders and their sureties to extend the
time in which the City may act. The acceptance of a bid will be evidenced by a notice of
award of Contract in writing, delivered in person or by certified mail to the bidder whose bid
is accepted. No other act of City will constitute acceptance of a bid. The award of Contract
shall obligate the bidder whose bid is accepted to furnish performance and payment bonds
and evidences of insurance, and to execute the Contract in the form set forth in the
Contract documents.
26.0 EXECUTION OF CONTRACT
The Contract Agreement shall be executed by the successful bidder and returned,
together with the Contract bonds and evidences of insurance, within ten (10) days
after receiving written notice of the award of the Contract. Time is of the essence in
this regard. After execution by City, one copy shall be returned to Contractor.
27.0 CONSTRUCTION DOCUMENTS
The City will furnish the Contractor five copies of the Specifications after the execution of
the Contract. The Contractor may request up to three additional copies at no cost, for a
total of eight (8) no cost copies.
28.0 BID PROTEST
Any bid protest must be in writing and received by City at the Office of the City Clerk
located at 78-495 Calle Tampico, La Quinta, California, 92253, before 5:00p.m., no later
than two working days following bid opening (the "Bid Protest Deadline") and must comply
with the following requirements:
28.1 General. Only a bidder who has actually submitted a Bid Proposal is eligible to
submit a bid protest against another bidder. Subcontractors are not eligible to
submit bid protests. A bidder may not rely on the bid protest submitted by
another bidder but must timely pursue its own protest. The protesting bidder
must submit a non-refundable fee in the amount of $824.00, based upon City's
reasonable costs to administer the bid protest. Any such fee must be
submitted to City no later than the Bid Protest Deadline, unless otherwise
specified. For purposes of this Section 28, a "working day" means a day that
City is open for normal business, and excludes weekends and holidays
observed by City.
Instruction to Bidders 1110-9
28.2 Protest Contents. The bid protest must contain a complete statement of the basis
for the protest and all supporting documentation. Material submitted after the Bid
Protest Deadline will not be considered. The protest must refer to the specific
portion or portions of the Contract Documents upon which the protest is based. The
protest must include the name, address, email address, and telephone number of
the person representing the protesting bidder if different from the protesting bidder.
28.3 Copy to Protested Bidder. A copy of the protest and all supporting documents
must be concurrently transmitted by fax or by email, by or before the Bid Protest
Deadline, to the protested bidder and any other bidder who has a reasonable
prospect of receiving an award depending upon the outcome of the protest.
28.4 Response to Protest. The protested bidder may submit a written response to
the protest provided the response is received by City before 5:00p.m., within
two working days after the Bid Protest Deadline or after actual receipt of the
bid protest, whichever is sooner (the "Response Deadline"). The response must
include all supporting documentation. Material submitted after the Response
Deadline will not be considered. The response must include the name, address,
email address, and telephone number of the person representing the protested
bidder if different from the protested bidder.
28.5 Copy to Protesting Bidder. A copy of the response and all supporting
documents must be concurrently transmitted by fax or by email, by or before
the Bid Protest Deadline, to the protesting bidder and any other bidder who
has a reasonable prospect of receiving an award depending upon the outcome
of the protest.
28.6 Exclusive Remedy. The procedure and time limits set forth in this section are
mandatory and are the bidder's sole and exclusive remedy in the event of bid
protest. A bidder's failure to comply with these procedures will constitute a waiver of
any right to further pursue a bid protest, including filing a Government Code Claim or
initiation of legal proceedings.
28.7 Right to Award. The City Council reserves the right to award the Contract to the
bidder it has determined to be the responsible bidder submitting the lowest
responsive bid, and to issue a notice to proceed with the Work notwithstanding any
pending or continuing challenge to its determination.
29.0 COMPLIANCE WITH IRAN CONTRACTING ACT OF 2010. Pursuant to the Iran
Contracting Act of 2010 (Pub. Contract Code, § 2200 et seq.),
(a) Contractor shall be ineligible to bid on or submit a proposal for any contract for One
Million Dollars ($1,000,000) or more if Contractor engages in investment activities in
Iran as defined in Public Contract Code Section 2202.5, and/or if Contractor is
identified on the list of persons engaging in investment activities in Iran prepared by
the State of California pursuant to Public Contract Code Section 2203 subdivision
(b).
Instruction to Bidders 1110-10
(b) For bids of One Million Dollars ($1,000,000) or more, Contractor must certify that it is
not on the list of ineligible vendors prohibited from doing business with the State of
California and shall complete the Iran Contracting Act Certification and submit with
their proposal at the time of bid. Contractor shall obtain the Iran Contracting Act
Certification in the form approved by the State of California, or upon written request
to the City Clerk’s Office, a copy of the form will be provided to Contractor. Failure
by Contractor to provide the certification required by this Section may deem
Contractor’s bid non-responsive.
Nothing in this Section is intended to prevent the City from exercising its rights
pursuant to Public Contract Code section 2203, subdivision (c) or (d), or both, on a
case-by-case basis.
30.0 COMPLIANCE WITH CALIFORNIA EXECUTIVE ORDER N-6-22. Russian
aggression against Ukraine.
(a) Contractor shall comply with California Governor Executive Order N-6-22 regarding
sanctions in response to Russian aggression in the Country of Ukraine, and any
implementing guidelines and/or economic sanctions imposed by the United States
government in response to Russian actions in Ukraine, as well as any sanctions
imposed under California law (collectively “economic sanctions”). Contractor shall
comply with all such economic sanctions. By submitting a bid to the City, Contractor
agrees to take any and all actions to support the Ukrainian government and people
as required by law, including by refraining from new investments in, and financial
transactions with, Russian institutions or companies that are headquartered or have
their principal place of business in Russia (Russian entities), not transferring
technology to Russia or Russian entities, and directly providing support to the
government and people of Ukraine.
(b) If bidding on a contract for Five Million Dollars ($5,000,000) or more, Contractor
shall submit a written report to the City on Contractor’s compliance with the
economic sanctions, and the steps Contractor has taken in response to Russia's
actions in Ukraine, including, but not limited to, desisting from making new
investments in, or engaging in financial transactions with, Russian entities, not
transferring technology to Russia or Russian entities, and directly providing support
to the government and people of Ukraine as required by law. Failure to submit the
report required by this Section may deem Contractor’s bid non-responsive.
END OF SECTION
Bid 1200-1
SECTION 1200
BID
DATE:
The undersigned, as bidder, declares it has received and examined the Contract
Document entitled Project No. 2023-16, FY23/24 Pavement Management Plan, and
will contract with the City, on the form of Contract provided herewith, to do everything
required for the fulfillment of the contract for said work at the prices and on the terms and
conditions herein contained.
We have included the following items and agree that they shall form a part of this bid:
SECTION TITLE
1200 Bid
1210 Bid Schedule
1220 Bid Guaranty Bond
1230 Certification of Bidder's Experience and Qualifications
1240 Proposed Subcontractors
1250 Non-Collusion Affidavit
1260 DIR Project Vendor Information
1270 Iran Contracting Act of 2010
1280 Russian Aggression Against Ukraine Sanctions
We acknowledge that the following addenda have been received and have been
examined as part of the Contract Documents. Bidders must be on the Plan Holders List
with the City of La Quinta in order to receive addenda.
Addendum # Date Received Initials
Attached is a bid guaranty bond as required by Paragraph 1110-15.0, BID GUARANTY.
Name of Bidder Bidder’s Telephone Number
Bid 1200-2
If our bid is accepted, we agree to sign the contract without qualifications and to furnish
the performance and payment bonds and the required evidence of insurance within 10
calendar days after receiving written notice of the award of the contract.
We further agree, if our bid is accepted and a Contract for performance of the work is
entered into with the City, to so plan work and to prosecute it with such diligence that the
work shall be completed within the time stipulated.
Name of Bidder Bidder’s Telephone Number
Bidder’s Address Bidder’s Email Address
Contractor’s License No. Contractor's Expiration Date
State of Incorporation
Signature of Bidder Witness
Printed Name of Signatory Title of Witness
Title of Signatory
Bid Schedule 1210-1
SECTION 1210
BID SCHEDULE
PROJECT NO. 2023-16
FY23/24 PAVEMENT MANAGEMENT PLAN
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
To Whom It May Concern:
Pursuant to the Invitation to Bid, and in accordance with the provisions therein stated, the
undersigned hereby proposes and agrees that on award by the City under this Bid, to
execute a Contract, with necessary bonds, to furnish and install any and all labor,
materials, transportation and services for Project No. 2023-16, FY23/24 Pavement
Management Plan, in accordance with the plans and specifications therefore adopted
and on file with the City within the time hereinafter set forth and at the prices named in
this Bid. It is understood that the basis of award shall be the lowest total price of the
Base Bid Area plus all Additive Alternates.
Unit prices in each and every case represent the true unit price used in preparing the bid
schedule totals (Bid Form). Unit prices listed herein include material, installation and
appurtenant work as is necessary to have the item complete and in place meeting the full
intent of the plans and specifications. We acknowledge that unbalanced unit prices shall
be sufficient cause for the rejection of our bid.
Bid Schedule 1210-2
BASE BID – FY23/24 PAVEMENT MANAGEMENT PLAN
Item
No.
Item Description
Est.
Qty.
Unit
Unit Price
(in figures)
Dollars
Item Total
(in figures)
Dollars
1 Mobilization 1 LS $ $
2 Traffic Control 1 LS $ $
3 Crack Seal and Type II, Latex
Emulsion Aggregate Slurry 2,168,500 SF $ $
4 Pavement Repair Type I: 2” Grind
and Asphalt Concrete Overlay 19,960 SF $ $
5
Pavement Repair Type II: Edge
Repair AC Shoving; Grind AC
Shoving 2” Below Adjacent
Surface and 2” Overlay
70 SF $ $
6
Pavement Repair Type III:
Remove Existing AC, Compact
Existing Base, and Variable
Overlay (Depth Per Plan)
370 SF $ $
7 Signing and Striping, Including All
Incidentals 1 LS $ $
Total Amount of Bid Items 1 – 7 $
City may award all or none of the following additive alternates:
ADDITIVE ALTERNATE NO. 1
Item
No.
Item Description
Est.
Qty.
Unit
Unit Price
(in figures)
Dollars
Item Total
(in figures)
Dollars
1 Lower Sewer Manhole to Grade
per CVWD Standards 1 EA $ $
2 Raise Sewer Manhole to Grade
per CVWD Standards 1 EA $ $
Total Amount of Additive Alternate 1 Bid Items 1 – 2 $
Bid Schedule 1210-3
ADDITIVE ALTERNATE NO. 2 – AVENUE 60
Item
No.
Item Description
Est.
Qty.
Unit
Unit Price
(in figures)
Dollars
Item Total
(in figures)
Dollars
1 Mobilization 1 LS $ $
2 Traffic Control 1 LS $ $
3
Sawcut, Remove, and Dispose
of Existing Concrete Sidewalk,
Ramp, and Cross-Gutter
1,490 SF $ $
4 Construct Sidewalk per City of
La Quinta Standard 240 55 SF $ $
5
Construct Concrete Curb Ramp
per City of La Quinta Standard
250, Case A
1 EA $ $
6 Crack Seal and Type II, Latex
Emulsion Aggregate Slurry 345,470 SF $ $
7
Pavement Repair Type I: 2”
Grind and Asphalt Concrete
Overlay
12,990 SF $ $
8
Pavement Repair Type III:
Remove Existing AC, Compact
Existing Base, and Variable
Overlay (Depth Per Plan)
140 SF $ $
9
Construct 5”-6” Asphalt
Concrete Over Recompacted
Existing Base
780 SF $ $
10
Grade Parkway, Remove,
Modify, and Replace
Landscape and Irrigation In
Kind to Furthest Extent Possible
to Join Proposed Curb Ramp
1 LS $ $
11 Signing and Striping, Including
All Incidentals 1 LS $ $
Total Amount of Additive Alternate 2 Bid Items 1 – 11 $
Bid Schedule 1210-4
ADDITIVE ALTERNATE NO. 3 – APPENDIX D
Item
No.
Item Description
Est.
Qty.
Unit
Unit Price
(in figures)
Dollars
Item Total
(in figures)
Dollars
1 Mobilization 1 LS $ $
2 Traffic Control 1 LS $ $
3
Striping and Pavement
Markings, Including All
Incidentals
1 LS $ $
Total Amount of Additive Alternate 3 Bid Items 1 -3 $
GRAND TOTAL BASE BID PLUS ALL ADDITIVE ALTERNATES (Figures):
$
GRAND TOTAL BASE BID PLUS ALL ADDITIVE ALTERNATES (Words):
Bid Amount of each of the above Bid Items must be filled in and completed. It is
understood that the quantities shown hereon are but estimates and the bidder is
responsible to verify quantities prior to submitting a bid. Final payment will be based
upon actual work performed, subject to such adjustments and alterations as elsewhere
provided herein.
___________________________________________________________
Signature of Bidder (Ink)
___________________________________________________________
Name of Bidder (Printed or Typed)
___________________________________________________________
Bidder Telephone Number
___________________________________________________________
Bidder Email Address
Bid Guaranty Bond 1220-1
SECTION 1220
BID GUARANTY BOND
PRINCIPAL, and , as SURETY, are held and firmly bound
unto the City in the penal sum of TEN (10) PERCENT OF THE TOTAL AMOUNT OF
THE BID of the Principal above named, submitted by said Principal to the City for the
work described below, for the payment of which sum in lawful money of the United
States, well and truly to be made to the City to which said bid was submitted, we bind
ourselves, our heirs, executors, administrators, and successors, jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the Principal
has submitted the above-mentioned bid to the City, for certain construction specifically
described as follows, for which bids are to be opened at La Quinta, California.
PROJECT NO. 2023-16
FY23/24 PAVEMENT MANAGEMENT PLAN
NOW, THEREFORE, if the aforesaid Principal is awarded the contract and, within the
time and manner required under the specifications, after the prescribed forms are
presented to him/her for signature enters into a written contract in the prescribed form, in
accordance with the bid, and files two bonds with the City, one to guarantee faithful
performance, and the other to guarantee payment for labor and materials as required by
law, and provide certificate of insurance coverage required by the Contract Documents,
then this obligation shall be null and void; otherwise, it shall be and remain in full force
and virtue.
IN WITNESS WHEREOF, we have hereunto set our hands on this day of
, 2024.
Title of Signatory Title of Signatory
Signature of Principal Signature of Surety
Address Address
Note: Signatures of those executing for the surety must be properly acknowledged.
Bidders Experience & Qualifications 1230-1
SECTION 1230
CERTIFICATION OF BIDDER'S EXPERIENCE AND QUALIFICATIONS
The undersigned Bidder certifies that he is, at the time of bidding, and shall be,
throughout the period of the contract, licensed under the provisions of Chapter 9, Division
3, of the Business and Professions Code of the State of California, to do the type of work
contemplated in the Contract Documents. Bidder shall further certify that it is skilled and
regularly engaged in the general class and type of work called for in the Contract
Documents.
The Bidder represents that it is competent, knowledgeable, and has special skills on the
nature, extent, and inherent conditions of the work to be performed. Bidder further
acknowledges that there are certain peculiar and inherent conditions existent in the
construction of the particular facilities, which may create, during the construction program,
unusual or peculiar unsafe conditions hazardous to persons and property. Bidder
expressly acknowledges that it is aware of such peculiar risks and that it has the skill and
experience to foresee and to adopt protective measures to adequately and safely perform
the construction work with respect to such hazards.
The Bidder shall list below four (4) projects completed in the last seven (7) years of
similar size and complexity that indicate the Bidder's experience as a General Contractor.
1. Project Name: ____________________________________________________
Owner: ___________________________________________________________
Construction Cost: $_______________________________________________
Construction Time: _____________________________Calendar Days
Owner's Representative: ____________________________________________
Owner's Telephone No.: ____________________________________________
Date of Substantial Completion: ______________________________________
2. Project Name: ____________________________________________________
Owner: ___________________________________________________________
Construction Cost: $_______________________________________________
Construction Time: _____________________________Calendar Days
Owner's Representative: ____________________________________________
Owner's Telephone No.: ____________________________________________
Date of Substantial Completion: _____________________________________
Bidders Experience & Qualifications 1230-2
3. Project Name: ____________________________________________________
Owner: ___________________________________________________________
Construction Cost: $_______________________________________________
Construction Time: _____________________________Calendar Days
Owner's Representative: ____________________________________________
Owner's Telephone No.: ____________________________________________
Date of Substantial Completion: ______________________________________
4. Project Name: ____________________________________________________
Owner: ___________________________________________________________
Construction Cost: $_______________________________________________
Construction Time: _____________________________Calendar Days
Owner's Representative: ____________________________________________
Owner's Telephone No.: ____________________________________________
Date of Substantial Completion: ______________________________________
Signed this day of , 2024.
Name of Bidder Contractor's License No. DIR Reg No.
Signature of Bidder Expiration Date
Printed Name of Bidder Title of Signatory
Proposed Subcontractors 1240-1
SECTION 1240
PROPOSED SUBCONTRACTORS
Pursuant to California Public Contracting Code, Section 4100 et. seq., the following list
gives the name, business address, and portion of work (description of work to be done)
for each subcontractor that will be used in the work if the bidder is awarded the Contract.
(Additional supporting data may be attached to this page. Each page shall be sequentially
numbered and headed "Proposed Subcontractors" and shall be signed.)
The Contractor shall perform, with its own organization, Contract work amounting to at
least 50 percent of the Contract Price except that any designated “Specialty Items” may
be performed by subcontract and the amount of any such “Specialty Items” so
performed will be deducted from the Contract Price before computing the amount
required to be performed by the Contractor with its own organization. “Specialty Items”
will be identified by the Agency in the Bid or in the Special Provisions. Where an entire
item is subcontracted, the value of work subcontracted will be based on the Contract
Unit Price.
Subcontractor/Business Address/Description of Work/% of Work/License No./DIR Reg No.
Signature of Bidder
Name of Bidder
Non-Collusion Affidavit 1250-1
SECTION 1250
NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED
WITH BID
State of California )
) ss.
County of )
, being first duly sworn, deposes and say that he
or she is of , the
party making the foregoing bid that the bid is not made in the interest of, or on behalf of,
any undisclosed person, partnership, company, association, organization, or corporation;
that the bid is genuine and not collusive or sham; that the bidder has not directly or
indirectly induced or solicited any other bidder to put in a false or sham bid, and has not
directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone
else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not
in any manner, directly or indirectly sought by contract, agreement, communication, or
conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any
overhead, profit, or cost element of the bid price, or of that of any other bidder, or to
secure any advantage against the public body awarding the contract of anyone interested
in the proposed contract; that all statements contained in the bid are true; and, further,
that the bidder has not, directly or indirectly, submitted his or her bid price or any
breakdown thereof, or the contents thereof, or divulged information or data relative
thereto, or paid, and will not pay, any fee to any corporation, partnership, company
association, organization, bid depository, or to any member or agent thereof to effectuate
a collusive or sham bid.
Signature
Name of Bidder
Title
Date
DIR Project Vendor Information 1260-1
SECTION 1260
DIR Project Vendor Information
Vendor Information:
Name:________________________________________________________________
Address:__________________________ City:_____________ ST:____ Zip:_______
Project Manager:________________________Email:__________________________
Phone:_______________________ CSLB/Certification Number: _________________
Public Works Registration No.:_____________________________________________
Classification:
Asbestos____Boilermaker ____Bricklayers ____Carpenter ____Carpet/Linoleum ____
Cement Masons ____Drywall Finisher ____Drywall/Lathers ____Electricians ____
Elevator Mechanic ____Glaziers ____Iron Workers ____Laborers ____Millwrights ____
Operating Eng ____Painters ____Pile Drivers ____Pipe Trades ____Plasterers ____
Roofer___SheetMetal___Sound/Com____Surveyor____Teamster____Tile Worker____
Prevailing Wages and Payroll:
The project is subject to prevailing wage rates and enforcement by the Department of
Industrial Relations (DIR). Prevailing wage rates can be obtained at:
http://www.dir.ca.gov/Public-Works/Prevailing-Wage.html.
Contractors and subcontractors on most public Works projects are required to submit
certified payroll records to the Labor Commissioner using DIR’s electronic certified
payroll reporting system. For your convenience, the link for reporting certified payroll is:
http://www.dir.ca.gov/Public-Works/Certified-Payroll-Reporting.html.
A copy of certified payroll, including the names and addresses of employees
and/or subcontractors working on the job must be included with invoices
submitted to the City of La Quinta.
Iran Contracting Act Certification 1270-1
SECTION 1270
COMPLIANCE WITH IRAN CONTRACTING ACT OF 2010
Pursuant to the Iran Contracting Act of 2010 (Pub. Contract Code, § 2200 et seq.),
(a) Contractor shall be ineligible to bid on or submit a proposal for any contract for One
Million Dollars ($1,000,000) or more if Contractor engages in investment activities
in Iran as defined in Public Contract Code Section 2202.5, and/or if Contractor is
identified on the list of persons engaging in investment activities in Iran prepared
by the State of California pursuant to Public Contract Code Section 2203
subdivision (b).
(b) For bids of One Million Dollars ($1,000,000) or more, Contractor must certify that
it is not on the list of ineligible vendors prohibited from doing business with the State
of California and shall complete the Iran Contracting Act Certification and submit
with their proposal at the time of bid. Contractor shall obtain the Iran Contracting
Act Certification in the form approved by the State of California, or upon written
request to the City Clerk’s Office, a copy of the form will be provided to
Contractor. Failure by Contractor to provide the certification required by this
Section may deem Contractor’s bid non-responsive.
(c) Nothing in this Section is intended to prevent the City from exercising its rights
pursuant to Public Contract Code section 2203, subdivision (c) or (d), or both, on
a case-by-case basis.
Iran Contracting Act Certification 1270-2
IRAN CONTRACTING ACT CERTIFICATION
Pursuant to the Iran Contract Act of 2010 (Public Contract Code 2200-2208),
Vendors/Bidders are ineligible to bid on or submit a proposal for any contract with
a public entity for goods or services of one million dollars ($1,000,000) or more
if the Vendor/Bidder engages in investment activities in Iran.
MUST BE SUBMITTED WITH BID PROPOSAL IF BID AMOUNT IS
$1,000,000 OR MORE
Prior to bidding on, submitting a proposal, or executing a contract or renewal for a public
entity contract for goods or services of $1,000,000 or more, a vendor must either: a)
certify it is not on the current list of persons engaged in investment activities in Iran
created by the California Department of General Services (“DGS”) pursuant to Public
Contract Code section 2203(b) and is not a financial institution extending $20,000,000
or more in credit to another person, for 45 days or more, if that other person will use the
credit to provide goods or services in the energy sector in Iran and is identified on the
current list of persons engaged in investment activities in Iran created by DGS; or b)
demonstrate it has been exempted from the certification requirement for that
solicitation or contract pursuant to Public Contract Code section 2203(c) or (d).
To comply with this requirement, please insert your vendor or financial institution name
and Federal ID Number (if available) and complete one of the options below. Please
note: California law establishes penalties for providing false certifications, including civil
penalties equal to the greater of $250,000 or twice the amount of the contract for which
the false certification was made, contract termination, and three-year ineligibility to bid
on contracts. (Pub. Cont. Code § 2205.)
OPTION #1 - CERTIFICATION
I, the official named below, certify I am duly authorized to execute this certification on
behalf of the vendor/financial institution identified below, and the vendor/financial
institution identified below is not on the current list of persons engaged in investment
activities in Iran created by DGS and is not a financial institution extending twenty million
dollars ($20,000,000) or more in credit to another person/vendor, for 45 days or more, if
that other person/vendor will use the credit to provide goods or services in the energy
sector in Iran and is identified on the current list of persons engaged in investment
activities in Iran created by DGS.
I certify (or declare) under penalty of perjury under the laws of the State of California
that the foregoing is true and correct.
Vendor Name/Financial Institution (Printed) Federal ID Number (or n/a)
By (Authorized Signature)
Printed Name and Title of Person Signing Date Executed
Iran Contracting Act Certification 1270-3
OPTION #2 – EXEMPTION
Pursuant to Public Contract Code sections 2203(c) and (d), a public entity may
permit a vendor/financial institution engaged in investment activities in Iran, on a case-
by-case basis, to be eligible for, or to bid on, submit a proposal for, or enters into or
renews, a contract for goods and services.
If you have obtained an exemption from the certification requirement under the
Iran Contracting Act, please fill out the information below, and attach documentation
demonstrating the exemption approval.
Vendor Name/Financial Institution (Printed) Federal ID Number (or n/a)
By (Authorized Signature)
Printed Name and Title of Person Signing Date Executed
Russian Aggression Against Ukraine Compliance 1280-1
SECTION 1280
COMPLIANCE WITH CALIFORNIA EXECUTIVE ORDER N-6-22
RUSSIAN AGGRESSION AGAINST UKRAINE
(a) Contractor shall comply with California Governor Executive Order N-6-22 regarding
sanctions in response to Russian aggression in the Country of Ukraine, and any
implementing guidelines and/or economic sanctions imposed by the United States
government in response to Russian actions in Ukraine, as well as any sanctions
imposed under California law (collectively “economic sanctions”). Contractor shall
comply with all such economic sanctions. By submitting a bid to the City, Contractor
agrees to take any and all actions to support the Ukrainian government and people
as required by law, including by refraining from new investments in, and financial
transactions with, Russian institutions or companies that are headquartered or have
their principal place of business in Russia (Russian entities), not transferring
technology to Russia or Russian entities, and directly providing support to the
government and people of Ukraine.
(b) If bidding on a contract for Five Million Dollars ($5,000,000) or more, Contractor shall
submit a written report to the City on Contractor’s compliance with the economic
sanctions, and the steps Contractor has taken in response to Russia's actions in
Ukraine, including, but not limited to, desisting from making new investments in, or
engaging in financial transactions with, Russian entities, not transferring technology
to Russia or Russian entities, and directly providing support to the government and
people of Ukraine as required by law. Failure to submit the report required by this
Section may deem Contractor’s bid non-responsive.
Please include a written report to the City if this section is applicable.
Contract 1300-1
SECTION 1300
CONTRACT
THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal
corporation, herein referred to as "City,” and _______________________________,
herein referred to as, "Contractor."
W I T N E S S E T H:
In consideration of their mutual covenants, the parties hereto agree as follows:
1. Contractor shall furnish all necessary labor, material, equipment, transportation
and services for Project No. 2023-16, FY23/24 Pavement Management Plan in the
City of La Quinta, California pursuant to the Invitation to Bid, dated April 2024, the
project Specifications, and Contractor's Bid, all of which documents shall be considered
a part hereof as though fully set herein.
Should any provisions of Contractor's Bid be in conflict with the Notice Inviting
Bids, Specifications, or this Contract, then the provisions of said Contract,
Specifications, and Invitation to Bid shall be controlling, in that order of precedence.
The time frame for construction work shall be in accordance with that specified in the
Invitation to Bid.
2. Contractor will comply with all Federal, State, County, and La Quinta Municipal
Code, which are, as amended from time to time, incorporated herein by reference.
3. All work shall be done in a manner satisfactory to the City Engineer.
4. Contractor shall commence work after the issuance of a written Notice to
Proceed and agrees to have all work completed within 35 working days from the date
of Notification to Proceed.
5. In consideration of said work, City agrees to pay Contractor such sums as shall
be approved by the City Engineer at lump sums and/or unit prices stated in the
Contractor's Bid, the base consideration (Type in correct dollar amount using
currency format)_______________________________________________________
($_____,_____.00). All payments shall be subject to approval by the City Engineer and
shall be in accordance with the terms, conditions, and procedures provided in the
Specifications.
6. The Contractor shall not knowingly pay less than the general prevailing rate for
per diem wages, as determined by the State of California Department of Industrial
Relations and referred to in the Invitation to Bid, to any workman employed for the work
to be performed under this contract; and the Contractor shall forfeit as a penalty to the
City the sum of Twenty-Five Dollars ($25.00) for each calendar day, or fraction thereof,
for such workman paid by him or by any subcontractor under him in violation of this
provision (Sections 1770-1777, Labor Code of California).
Contract 1300-2
Pursuant to Section 1770, et. seq., of the California Labor Code, the successful bidder
shall pay not less than the prevailing rate of per diem wages as determined by the
Director of the California Department of Industrial Relations. These wage rates are
available from the California Department of Industrial Relations’ Internet website at
http://www.dir.ca.gov.
Pursuant to Section 1725.5 of the California Labor Code, no contractor or subcontractor
may be awarded a contract for public work on a public works project unless registered
with the Department of Industrial Relations at the time the contract is awarded.
Contractors and subcontractors may find additional information for registering at the
Department of Industrial Relations website at http://www.dir.ca.gov/Public-
Works/PublicWorks.html.
Pursuant to Labor Code section 1771.1, no contractor or subcontractor may be listed on
a bid proposal for a public works project submitted on or after March 1, 2015 unless
registered with the Department of Industrial Relations. Furthermore, all bidders and
contractors are hereby notified that no contractor or subcontractor may be awarded, on
or after April 1, 2015, a contract for public work on a public works project unless
registered with the Department of Industrial Relations.
Pursuant to Labor Code section 1771.4, all bidders are hereby notified that this project
is subject to compliance monitoring and enforcement by the Department of Industrial
Relations.
7. Concurrently with the execution of this Contract, Contractor shall furnish bonds of
a surety satisfactory to City, as provided in said Specifications or Invitation to Bid, the
cost of which shall be paid by Contractor.
8. Except for the gross negligence or willful misconduct of an Indemnified Party (as
hereinafter defined), the Contractor hereby assumes liability for and agrees to defend
(at Indemnified Parties’ option), indemnify, protect and hold harmless City and its
Project Consultants, and Engineers, officers, agents, and employees (“Indemnified
Parties”) from and against any and all claims, charges, damages, demands, actions,
proceedings, losses, stop notices, costs, expenses (including counsel fees), judgments,
civil fines and penalties, liabilities of any kind or nature whatsoever, which may be
sustained or suffered by or secured against the Indemnified Parties arising out of or
encountered in connection with this Contract or the performance of the Work including,
but not limited to, death of or bodily or personal injury to persons or damage to property,
including property owned by or under the care and custody of City, and for civil fines
and penalties, that may arise from or be caused, in whole or in part, by any negligent or
other act or omission of Contractor, its officers, agents, employees or Subcontractors
including, but not limited to, liability arising from:
1. Any dangerous, hazardous, unsafe or defective condition of, in or on the
premises, of any nature whatsoever, which may exist by reason of any act,
omission, neglect, or any use or occupation of the premises by Contractor, its
officers, agents, employees, or subcontractors;
Contract 1300-3
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 agreement between the parties or by the findings of a court of competent
jurisdiction. In instances where City is shown to have been actively negligent and
where City’s active negligence accounts for only a percentage of the liability involved,
the obligation of Contractor will be for that entire portion or percentage of liability not
attributable to the active negligence of City.
Contractor agrees to obtain executed indemnity agreements with provisions identical to
those set forth here in this section from each and every subcontractor or any other
person or entity involved by, for, with or on behalf of Contractor in the performance of
this contract. In the event Contractor fails to obtain such indemnity obligations from
others as required here, Contractor agrees to be fully responsible according to the
terms of this section.
Failure of City to monitor compliance with these requirements imposes no additional
obligations on City and will in no way act as a waiver of any rights hereunder. This
obligation to indemnify and defend City as set forth here is binding on the successors,
assigns or heirs of Contractor and shall survive the termination of this contract or this
section.
Contract 1300-4
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. Except as otherwise required, Contractor shall concurrently with the execution of
this contract, furnish the City satisfactory evidence of insurance of the kinds and in the
amounts provided in said Specifications, Section 1340-2.0, Insurance Requirements.
This insurance shall be kept in full force and effect by Contractor during this entire
contract and all premiums thereon shall be promptly paid by it. Each policy shall further
state that it cannot be canceled without written notice to the City and shall name the City
as an additional insured on the Commercial General Liability policy only. Contractor
shall furnish evidence of having in effect, and shall maintain, Workers Compensation
Insurance coverage of not less than the statutory amount or otherwise show a certificate
of self-insurance, in accordance with the Workers Compensation laws of the State of
California. Failure to maintain the required amounts and types of coverage throughout
the duration of this Contract shall constitute a material breach of this Contract.
10. Except as otherwise required, Contractor shall concurrently with the execution of
this contract, furnish the City a Milestone Schedule with a beginning date of 15 days
after the Notice of Award as provided in said Specifications, Section 4.2, Construction
Schedule. Contractor shall pay to City $500.00 liquidated damages per calendar day
that the Milestone Schedule is not provided.
11. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or
mechanic employed in the execution of this Contract by said Contractor, or any
subcontractor under it, upon any of the work herein mentioned, for each calendar day
during which such laborer, workman, or mechanic is required or permitted to work at
other than a rate of pay provided by law for more than 8 hours in any one calendar day
and 40 hours in any one calendar week, in violation of the provisions of Sections 1810-
1815 of the Labor Code of the State of California.
Contract 1300-5
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 $30,000.00 and more
than 20 calendar days duration, that apprentices will be employed without
discrimination in an approved program in a ratio established in the
apprenticeship standards of the craft involved (Sections 1777.5 and 1777.6, Labor
Code of California). Contractors who willfully fail to comply will be denied the
right to bid on public projects for a period of six months in addition to other
penalties provided by law.
14. This Contract shall not be assignable by Contractor without the written consent of
City.
15. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is
deemed completed.
16. In accepting this Contract, Contractor certifies that no member or officer of the
firm or corporation is an officer or employee of the City except to the extent permitted by
law.
17. Contractor certifies that it is the holder of any necessary California State
Contractor's License and authorized to undertake the above work.
18. The City, or its authorized auditors or representatives, shall have access to and
the right to audit and reproduce any of the Contractor records to the extent the City
deems necessary to insure it is receiving all money to which it is entitled under the
contract and/or is paying only the amounts to which Contractor is properly entitled under
the Contract or for other purposes relating to the Contract.
19. The Contractor shall maintain and preserve all such records for a period of at
least three years after termination of the contract.
20. The Contractor shall maintain all such records in the City of La Quinta. If not, the
Contractor shall, upon request, promptly deliver the records to the City or reimburse the
City for all reasonable and extra costs incurred in conducting the audit at a location
other than at City offices including, but not limited to, such additional (out of the City)
expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead.
21. The further terms, conditions, and covenants of the Contract are set forth in the
Contract Documents, each of which is by this reference made a part hereof.
Contract 1300-6
IN WITNESS WHEREOF, the parties have executed this Contract as of the
dates stated below.
"CITY"
CITY OF LA QUINTA
a California municipal corporation
Dated: By:
Jon McMillen, City Manager
ATTEST:
________________________________ Dated:
Monika Radeva, City Clerk
APPROVED AS TO FORM:
Dated:
City Attorney
"CONTRACTOR"
(If corporation, affix seal)
Dated: By: Signature
Name: Title:
Print Name
Address:______________________________________________________________
Street Address City State Zip Code
Dated: By:
Signature
Name: Title:
Print Name
Address:______________________________________________________________
Street Address City State Zip Code
Faithful Performance Bond 1310-1
SECTION 1310
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of La Quinta, a municipal corporation, hereinafter designated the
City, has on , 2024, awarded to
, hereinafter designated as the Principal, a Contract for Project No. 2023-
16, FY23/24 Pavement Management Plan and:
WHEREAS, said Principal is required under the terms of said Contract to furnish
a bond for the faithful performance of said Contract:
NOW, THEREFORE, we, the Principal, and , as
Surety, are held and firmly bound unto the City in the just and full amount of
DOLLARS ($ ) lawful money of
the United States, for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators, and successors, jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or
its heirs, executors, administrators, successors, or assigns, shall in all things stand to
and abide by, and well and truly keep and faithfully perform the covenants, conditions,
and agreements in the said contract and any alterations made as therein provided, on
his or their part to be kept and performed, at the time and in the manner therein
specified, and in all respects according to their true intent and meaning, and shall
indemnify and save harmless, the City, its officers and agents as therein stipulated, then
this obligation shall become null and void; otherwise it shall be and remain in full force
and virtue.
It is acknowledged that the Contract provides for one-year guarantee period,
during which time this bond remains in full force and effort.
And the said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration, or addition to the terms of the Contract or to the
work to be performed thereunder or the specifications accompanying the same shall, in
any way, affect its obligations on this bond, and it does hereby waive notice of any such
change, extension of time, alteration, or addition to the terms of the Contract or to the
work or to the specifications. Said Surety hereby waives the provisions of Sections 2819
and 2845 of the Civil Code of the State of California.
Faithful Performance Bond 1310-2
IN WITNESS WHEREOF, the Principal and Surety have executed this instrument
under their seals this
day of , 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
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.
2023-16, FY23/24 Pavement Management Plan.
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
Liability and Insurance Requirements 1340-1
SECTION 1340
LIABILITY AND INSURANCE REQUIREMENTS
1.0 INDEMNIFICATION
Except for the gross negligence or willful misconduct of an Indemnified Party (as
hereinafter defined), the Contractor hereby assumes liability for and agrees to
defend (at Indemnified Parties’ option), indemnify, protect and hold harmless City
and its Project Consultants, and Engineers, officers, agents, and employees
(“Indemnified Parties”) from and against any and all claims, charges, damages,
demands, actions, proceedings, losses, stop notices, costs, expenses (including
counsel fees), judgments, civil fines and penalties, liabilities of any kind or nature
whatsoever, which may be sustained or suffered by or secured against the
Indemnified Parties arising out of or encountered in connection with this Contract
or the performance of the Work including, but not limited to, death of or bodily or
personal injury to persons or damage to property, including property owned by or
under the care and custody of City, and for civil fines and penalties, that may arise
from or be caused, in whole or in part, by any negligent or other act or omission of
Contractor, its officers, agents, employees or Subcontractors including, but not
limited to, liability arising from:
1. Any dangerous, hazardous, unsafe or defective condition of, in or on the
premises, of any nature whatsoever, which may exist by reason of any act,
omission, neglect, or any use or occupation of the premises by Contractor,
its officers, agents, employees, or subcontractors;
2. Any operation conducted upon or any use or occupation of the premises by
Contractor, its officers, agents, employees, or subcontractors under or
pursuant to the provisions of this contract or otherwise;
3. Any act, omission or negligence of Contractor, its officers, agents,
employees, or Subcontractors;
4. Any failure of Contractor, its officers, agents or employees to comply with
any of the terms or conditions of this Contract or any applicable federal,
state, regional, or municipal law, ordinance, rule or regulation; and
5. The conditions, operations, uses, occupations, acts, omissions or
negligence referred to in Sub-subsections (1), (2), (3), and (4), existing or
conducted upon or arising from the use or occupation by Contractor on any
other premises in the care, custody and control of City.
The Contractor also agrees to indemnify City and pay for all damages or loss
suffered by City including but not limited to damage to or loss of City property, to
the extent not insured by City and loss of City revenue from any source, caused
by or arising out of the conditions, operations, uses, occupations, acts, omissions
or negligence referred to in Sub-subsections (1), (2), (3), (4) and (5).
Liability and Insurance Requirements 1340-2
Contractor’s obligations under this Section apply regardless of whether or not such
claim, charge, damage, demand, action, proceeding, loss, stop notice, cost
expense, judgment, civil fine or penalty, or liability was caused in part or
contributed to by an Indemnified Party.
However, without affecting the rights of City under any provision of this Contract,
Contractor shall not be required to indemnify and hold harmless City for liability
attributable to the active negligence of City, provided such active negligence is
determined by Contract between the parties or by the findings of a court of
competent jurisdiction. In instances where City is shown to have been actively
negligent and where City’s active negligence accounts for only a percentage of the
liability involved, the obligation of Contractor will be for that entire portion or
percentage of liability not attributable to the active negligence of City.
Contractor agrees to obtain executed indemnity agreements with provisions
identical to those set forth here in this section from each and every subcontractor
or any other person or entity involved by, for, with or on behalf of Contractor in the
performance of this Contract. In the event Contractor fails to obtain such indemnity
obligations from others as required here, Contractor agrees to be fully responsible
according to the terms of this section.
Failure of City to monitor compliance with these requirements imposes no
additional obligations on City and will in no way act as a waiver of any rights
hereunder. This obligation to indemnify and defend City as set forth here is binding
on the successors, assigns or heirs of Contractor and shall survive the termination
of this Contract or this section.
This indemnity shall survive termination of the Contract or Final Payment
hereunder. This Indemnity is in addition to any other rights or remedies that the
Indemnified Parties may have under the law or under any other Contract
Documents or Agreements. In the event of any claim or demand made against any
party which is entitled to be indemnified hereunder, City may, in its sole discretion,
reserve, retain or apply any monies to the Contractor under this Contract for the
purpose of resolving such claims; provided, however, City may release such funds
if the Contractor provides City with reasonable assurance of protection of the
Indemnified Parties’ interests. City shall, in its sole discretion, determine whether
such assurances are reasonable.
Approval of any insurance contracts by the City does not relieve the Contractor or
subcontractors from liability under Section 1340-1.0, Indemnification. The City will
not be liable for any accident, loss, or damage to the work prior to its completion
and acceptance.
Liability and Insurance Requirements 1340-3
2.0 INSURANCE REQUIREMENTS
2.1 General
Prior to the beginning of and throughout the duration of the Work, Contractor will
maintain insurance in conformance with the requirements set forth below.
Contractor will use existing coverage to comply with these requirements. If that
existing coverage does not meet the requirements set forth here, it will be
amended to do so. Contractor acknowledges that the insurance coverage and
policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to City in excess of the limits and
coverage required in this Contract and which is applicable to a given loss, will be
available to City.
Contractor shall submit coverage verification for review and approval by the City
upon execution of the Contract.
The Notice to Proceed with the Work under this Contract will not be issued, and
the Contractor shall not commence work, until such insurance has been approved
by the City. The Contractor shall not allow any subcontractors to commence work
on its subcontract until all similar insurance required of the subcontractor has been
obtained and verified by Contractor. Such insurance shall remain in full force and
effect at all times during the prosecution of the Work and until the final completion
and acceptance thereof.
The Notice to Proceed does not relieve the Contractor of the duty to obtain such
insurance as required by Paragraph 1340-2.0 INSURANCE REQUIREMENTS.
Contractor shall provide the following types and amounts of insurance:
2.2 Insurance
Prior to the beginning of and throughout the duration of this Agreement, the
following policies shall be maintained and kept in full force and effect providing
insurance with minimum limits as indicated below and issued by insurers with A.M.
Best ratings of no less than A-VI:
Commercial General Liability (at least as broad as ISO CG 0001)
$5,000,000 (per occurrence)
$5,000,000 (general aggregate)
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Noncontributory
Commercial Auto Liability (at least as broad as ISO CA 0001)
$1,000,000 (per accident)
Personal Auto Declaration Page if applicable
Workers’ Compensation
(per statutory requirements)
Must include the following endorsements:
Workers Compensation Waiver of Subrogation
Liability and Insurance Requirements 1340-4
Workers Compensation Declaration of Sole Proprietor if applicable
Contracting Party shall procure and maintain, at its cost, and submit concurrently
with its execution of this Agreement, Commercial General Liability insurance
against all claims for injuries against persons or damages to property resulting from
Contracting Party's acts or omissions rising out of or related to Contracting Party's
performance under this Agreement. The insurance policy shall contain a
severability of interest clause providing that the coverage shall be primary for
losses arising out of Contracting Party's performance hereunder and neither City
nor its insurers shall be required to contribute to any such loss. An endorsement
evidencing the foregoing and naming the City and its officers and employees as
additional insured (on the Commercial General Liability policy only) must be
submitted concurrently with the execution of this Agreement and approved by City
prior to commencement of the services hereunder.
Contracting Party shall carry automobile liability insurance of $1,000,000 per
accident against all claims for injuries against persons or damages to property
arising out of the use of any automobile by Contracting Party, its officers, any
person directly or indirectly employed by Contracting Party, any subcontractor or
agent, or anyone for whose acts any of them may be liable, arising directly or
indirectly out of or related to Contracting Party's performance under this
Agreement. If Contracting Party or Contracting Party’s employees will use personal
autos in any way on this project, Contracting Party shall provide evidence of
personal auto liability coverage for each such person. The term “automobile”
includes, but is not limited to, a land motor vehicle, trailer or semi-trailer designed
for travel on public roads. The automobile insurance policy shall contain a
severability of interest clause providing that coverage shall be primary for losses
arising out of Contracting Party's performance hereunder and neither City nor its
insurers shall be required to contribute to such loss.
Professional Liability or Errors and Omissions Insurance as appropriate shall be
written on a policy form coverage specifically designed to protect against acts,
errors or omissions of the Contracting Party and “Covered Professional Services”
as designated in the policy must specifically include work performed under this
agreement. The policy limit shall be no less than $1,000,000 per claim and in the
aggregate. The policy must “pay on behalf of” the insured and must include a
provision establishing the insurer’s duty to defend. The policy retroactive date shall
be on or before the effective date of this agreement.
Contracting Party shall carry Workers' Compensation Insurance in accordance
with State Worker's Compensation laws with employer’s liability limits no less than
$1,000,000 per accident or disease.
If coverage is maintained on a claims-made basis, Contracting Party shall maintain
such coverage for an additional period of three (3) years following termination of
the contract.
Liability and Insurance Requirements 1340-5
Contracting Party shall provide written notice to City within ten (10) working days
if: (1) any of the required insurance policies is terminated; (2) the limits of any of
the required polices are reduced; or (3) the deductible or self-insured retention is
increased. In the event any of said policies of insurance are cancelled, Contracting
Party shall, prior to the cancellation date, submit new evidence of insurance in
conformance with this Exhibit to the Contract Officer.
The procuring of such insurance or the delivery of policies or certificates
evidencing the same shall not be construed as a limitation of Contracting Party’s
obligation to indemnify City, its officers, employees, contractors, subcontractors,
or agents.
2.3 Remedies
In addition to any other remedies City may have if Contracting Party fails to provide
or maintain any insurance policies or policy endorsements to the extent and within
the time herein required, City may, at its sole option:
a. Obtain such insurance and deduct and retain the amount of the premiums
for such insurance from any sums due under this Agreement.
b. Order Contracting Party to stop work under this Agreement and/or withhold
any payment(s) which become due to Contracting Party hereunder until
Contracting Party demonstrates compliance with the requirements hereof.
c. Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to any other
remedies City may have. The above remedies are not the exclusive remedies for
Contracting Party's failure to maintain or secure appropriate policies or
endorsements. Nothing herein contained shall be construed as limiting in any way
the extent to which Contracting Party may be held responsible for payments of
damages to persons or property resulting from Contracting Party's or its
subcontractors' performance of work under this Agreement.
2.4 General Conditions Pertaining to Provisions of Insurance Coverage by
Contracting Party. Contracting Party and City agree to the following with
respect to insurance provided by Contracting Party:
1. Contracting Party agrees to have its insurer endorse the third-party general liability
coverage required herein to include as additional insureds City, its officials,
employees, and agents, using standard ISO endorsement No. CG 2010 with an
edition prior to 1992. Contracting Party also agrees to require all contractors, and
subcontractors to do likewise.
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.
Liability and Insurance Requirements 1340-6
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.
7. 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.
8. 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.
9. 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.
10. Contracting Party agrees to ensure that subcontractors, and any other party
involved with the project that is brought onto or involved in the project by
Contracting Party, provide the same minimum insurance coverage required of
Contracting Party. Contracting Party agrees to monitor and review all such
coverage and assumes all responsibility for ensuring that such coverage is
provided in conformity with the requirements of this section. Contracting Party
agrees that upon request, all agreements with subcontractors and others engaged
in the project will be submitted to City for review.
Liability and Insurance Requirements 1340-7
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
Liability and Insurance Requirements 1340-8
18. 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.
19. 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.
20. 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.
21. 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.
22. Contracting Party agrees to provide immediate notice to City of any claim or loss
against Contracting Party arising out of the work performed under this agreement.
City assumes no obligation or liability by such notice, but has the right (but not the
duty) to monitor the handling of any such claim or claims if they are likely to involve
City.
2.5 Change in Terms
The Contractor shall provide immediate written notice to the City of any change in
terms and conditions and/or reduction in the coverage of any nature to the
insurance policies. The notice shall be sent to:
Jon McMillen, City Manager
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
General Conditions 1400-1
SECTION 1400
GENERAL CONDITIONS
1.0 GENERAL
1.1 Intent of Contract Documents
Where the Plans or Specifications describe portions of the Work in general terms
but not in complete detail, it is understood that only the best general practice is to
prevail and that only materials and workmanship of the first quality are to be used.
Unless otherwise specified, the Contractor shall furnish tools, equipment, and
incidentals, and do all the work involved in executing the Contract in a satisfactory
and workmanlike manner.
Unless specifically noted otherwise, all sections of the Specifications and the Plans
shall be complimentary and applicable to each other.
In the event the materials and/or equipment are to be furnished by the City, as
designated in the Specific Project Requirements or as agreed on, this shall not
relieve the Contractor of the above requirements to furnish all other labor, materials,
and equipment to complete the Contract.
Words and abbreviations which have well known technical or trade meaning are
used in the Contract Documents in accordance with such recognized meanings.
1.2 Discrepancies and Omissions
Any discrepancies or omissions found in the Contract Documents shall be
immediately reported to the City Engineer who will clarify discrepancies or
omissions, in writing, within a reasonable time.
In resolving inconsistencies among two or more sections of the Contract
Documents, precedence shall be given in the following order:
1. Contract
a. Agreement
b. Permits
c. Change Orders
2. Instruction to Bidders
3. Permits issued by other agencies
4. Specific Project Requirements
5. General Project Requirements
6. Supplementary Conditions
7. General Conditions
8. Technical Specifications
9. Standard Specifications
10. Reference Specifications
11. Plans
12. Standard Plans
General Conditions 1400-2
1.3 Headings
Headings to parts, divisions, sections, articles, paragraphs, subparagraphs, and forms
are inserted for convenience of reference only and shall not affect the interpretation of
the Contract Documents.
1.4 Penalty for Collusion
If, at any time, it is found that the person, firm, or corporation to whom the Contract
has been awarded has, in presenting any bid or bids, colluded with any other party
or parties, then the Contract shall be null and void, and the Contractor and its
sureties shall be liable for loss or damage which the City may suffer thereby, and
the City may advertise for new bids for said Work.
1.5 Successors and Assigns
The City and the Contractor, respectively, bind themselves, their partners,
successors, assigns, and legal representatives to the other party hereto and to the
partners, successors, assigns, and legal representatives of such other party with
respect to all covenants, contracts, agreements, and obligation contained in the
Contract Documents. Neither party to the Contract shall assign the Contract or
sublet it as a whole without the written consent of the other.
1.6 Assignment to the City
Pursuant to Public Contract Code 4551, in entering into the Contract and all
subcontracts, to supply goods, services, or materials pursuant to the Contract, the
Contractor and its subcontractors offer and agree to assign to the City all rights, title,
and interest in and to all causes of action it may have under Section 4 of the Clayton
Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with
section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising
from purchases of goods, services, or materials pursuant to the Contract and
subcontracts. This assignment shall be made and become effective at the time the
City tenders final payment to the Contractor, without further acknowledgment by the
parties.
1.7 Rights and Remedies
The duties and obligations imposed by the Contract Documents and the rights and
remedies available thereunder shall be in addition to, and not a limitation of, any
duties, obligations, rights, and remedies otherwise imposed or available by law.
No action or failure to act by the City and its representatives or the consultants, shall
constitute a waiver of any right or duty afforded any of them under the Contract, nor
shall any such action or failure to act constitute an approval of or acquiescence in
any breach thereunder, except as may be specifically agreed in writing.
1.8 Definitions
Unless otherwise stated, the words directed, required, permitted, ordered,
instructed, designated, applicable, appropriate, sufficient, proper, desirable,
necessary, prescribed, approved, acceptable, satisfactory or words of like import,
refer to actions, expressions, and prerogatives of the City, the City Engineer.
General Conditions 1400-3
Masculine gender words include the feminine. References to gender, such as
"workman" and "flagman" and the pronouns "he" or "his" referring to such titles, are
abstract in the specifications, used for the sake of brevity are intended to refer to
persons of either sex.
Singular words include the plural and "person" includes firms, companies, and
corporations.
Where used in the Contract Documents, the following words and terms shall have
the meanings indicated. The meanings shall be applicable to the singular, plural,
masculine, and feminine of the words and terms.
Acceptance - The formal written acceptance by the City of an entire Contract which
has been completed in all respects in accordance with the Contract Documents and
any modifications thereof previously approved.
Act of God - An earthquake, flood, cyclone, or other cataclysmic phenomenon of
nature. A rain, windstorm, high water, or other natural phenomenon, which might
reasonably have been anticipated from historical records of the general locality of
the work, shall not be construed as an Act of God.
Addenda - Written or graphic instruments issued prior to the bid which modify or
interpret the Contract Documents, drawings, and specifications, by additions,
deletions, clarifications, or corrections.
Architect - The Architect responsible for the preparation of plans and specifications
for the City of La Quinta
Bid - The offer or proposal of the Bidder submitted on the prescribed form setting
forth the price for the work to be performed.
Bond(s) - Bid, Performance, or Payment Bonds and other instruments of surety,
furnished by the Contractor and Contractor's surety in accordance with the Contract
Documents.
Bidder - Any properly licensed and qualified individual, firm, partnership,
corporation, joint venture, or combination thereof, submitting a proposal for the work
contemplated, acting directly or through a duly authorized representative.
Calendar Day - Any day including legal holidays, Saturdays, and Sundays.
City - The City of La Quinta, a Municipal Corporation in the State of California.
City Engineer - The person designated, in writing, by the City to act as its
representative at the construction site and to perform construction inspection
services and administrative functions relating to this Contract. Initial contact by the
Contractor with the City shall be through the City Engineer.
City Representative - The person designated in writing by the City to act as its
agent on specified matters relating to this Contract. The City's Representative is not
the City Engineer but is another individual who has been designated to represent
the City.
General Conditions 1400-4
Contract - The written document covering the performance of the Work as more
fully described in, but not limited to, the plans, standard specifications, special and
technical provisions, Contract bonds, proposal, addenda, and Contract Change
Orders.
Contract Change Order - A written order to the Contractor, covering changes in the
plans or quantities, or both, and establishing the basis of payment and time
adjustments for the work affected by the changes. Also referred to as a Change
Order.
Contract Documents - The words "Contract Documents" shall mean any or all of,
but not limited to, the following items, as applicable:
Invitation to Bid
Instructions to Bidders
Bid Documents
Designation of Subcontractors
Bid Guaranty Bond
Contract
Acknowledgments
Performance Bond
Payment Bond
General Conditions
Supplementary General Conditions
General Project Requirements
Specific Project Requirements
Standard Specifications
State Standard Specifications
Project Plans
Standard Drawings
Addenda, if any
Executed Change Orders, if any Notice of Award
Notice to Proceed
Permits from other agencies
Each of these items is to be considered by reference as part of the Contract
Documents, also referred to as Contract.
Contract Price - The amount payable to the Contractor under the terms and
conditions of the Contract based on the price given on the bidding schedule, with
adjustments made in accordance with the Contract. The base amount given in the
bidding schedule shall be either a lump sum bid or the summation of the unit price
bids multiplied by the estimated quantities set forth in the bid form. Also referred to
as Contract Amount or Contract Sum.
Contract Time - Number of calendar days stated in the Contract for the completion
of the Work.
Contract Completion Date - The date on which the City accepts the work as being
complete.
General Conditions 1400-5
Contractor - The person or persons, firms, partnership, corporation, or combination
thereof, who have entered with the City, as party or parties of the second part of his
or their legal representatives.
Contractor's Plant and Equipment - Equipment, material, supplies, and all other
items, except labor, brought onto the site by the Contractor to carry out the Work,
but not to be incorporated in the Work.
Consultant - Individuals and/or companies retained by the City to provide specific
professional services.
Day(s) - Calendar Day(s); unless contract time is indicated in working days.
Direct - Action of the City or City Engineer by which the Contractor is ordered to
perform or refrain from performing work under the Contract.
Field Directive - Written documentation of the actions of the City or City Engineer
in directing the Contractor. Also referred to as a Directive.
Field Order - A written instruction given to the Contractor authorizing work that is a
change to the scope of work carried out on a time and material basis.
Furnish - To deliver to the job site or other specified location any item, equipment,
or material.
General Conditions - Part of the Contract Documents representing the general
clauses that establishes how the project is to be administered.
General Project Requirements - Part of the Contract Documents establishing
general conditions or requirements peculiar to the way public works projects are
performed in the City of La Quinta.
Herein - Refers to information presented in the Project Manual.
Holidays - Legal holidays designated by the City or specifically identified in the
Contract.
Install - Placing, erecting, or constructing any item, equipment, or material.
Laboratory - The designated materials testing laboratory authorized by the City to
test materials and work involved in the Contract.
Liquidated Damages - A fixed amount as prescribed in Paragraph 1500-3.0, to be
paid to the City or to be deducted from any payments due, or to become due, to the
Contractor as a result of the Contractor not completing the work in the time allowed
in the specifications.
Notice of Award - A written notice by the City to the Bidder informing him that the
Contract has been awarded to him.
Notice to Proceed - The written notice by the City to the Contractor authorizing him
to proceed with the Work and establishing the date of commencement of the Work.
Paragraph - For references or citation purposes, refers to the paragraph(s) in these
Specifications, called out by paragraph number and alphanumeric designator.
Person - Includes firms, companies, corporations, partnerships, and joint ventures.
General Conditions 1400-6
Plans - Refers to the project plans drawings, profiles, cross sections, elevations,
details, and other working drawings and supplementary drawings, or reproductions
thereof, approved by the City, and are referred to in the Contract Documents, which
show the location, character, dimensions, and details of the work to be performed.
The terms drawing, plan and plans have the same meaning as the term drawings
unless otherwise stated or specified.
Project - The undertaking to be performed under the provisions of the Contract.
Project Manual - Those Contract Documents which are bound into one or more
volumes prior to bidding.
Provide - Furnish and install, complete in place.
Punch List - List of incomplete items of work and of items of work which are not in
conformance with the Contract.
Shall - Refers to actions by either the Contractor or the City and means the
Contractor or City has entered into a covenant with the other party to do or perform
the action.
Shown - Refers to information presented on the Drawings, with or without reference
to the Drawings.
Site - The property as described in the General Conditions or as shown on the
Drawings.
Specific Project Requirements - Part of the Contract Documents establishing
specific conditions or requirements peculiar to the work.
Specifications - That part of the Contract Documents consisting of the General
Conditions, Supplementary General Conditions, General Project Requirements,
Specific Project Requirements, applicable portions of the Standard Specifications
and State Standard Specifications, and Technical Specifications.
Specify - Refers to information described, shown, noted or presented in any manner
in any part of the Contract.
Standard Specifications - Standard Specifications for Public Works Construction,
latest edition, including all supplements, as written by the Joint Cooperative
Committee of the Southern California Chapter of the American Public Works
Association and the Southern California District of the Associated General
Contractors of California.
State Standard Specifications - The State of California, Department of
Transportation Agency's Standard Specifications in effect at the time of advertising
the Work. Also referred to as State Standard Specifications and Caltrans Standard
Specifications.
Subcontractor - A subcontractor is a person or entity who has a direct contract with
the Contractor to perform any of the Work at the Site. The term subcontractor means
a subcontractor or subcontractor's authorized representative. The term
subcontractor does not include any separate contractor or any separate contractor's
subcontractors.
General Conditions 1400-7
Submittals - The information which is specified for submission to the City Engineer
in accordance with the Project Manual.
Substantial Completion - Substantial Completion is the stage in the progress of
the Work when the Work is sufficiently complete in accordance with the Contract
Documents so the City can occupy or utilize the Work for its intended use.
Sub-subcontractor - A sub-subcontractor is a person or entity who has a direct or
indirect contract with a subcontractor to perform any of the Work at the Site. The
term sub-subcontractor means a sub-subcontractor or an authorized representative
thereof.
Supplier - Any person, firm, corporation, or organization who supplies materials or
equipment for the Work, including that fabricated to a special design, and may also
be a Subcontractor or a Sub-subcontractor.
Surety - The person, firm, corporation, or organization that joins with the Contractor
in assuming the liability for the faithful performance of the Work and for the payment
of all obligations pertaining to the Work in accordance with the Contract Documents
by issuing the Bonds required by the Contract Documents or by law.
Will - Actions entered into by the Contractor or the City as a covenant with the other
party to do or to perform the action.
Work - The labor, materials, equipment, supplies, and other items necessary for the
execution, completion, and fulfillment of the Contract.
Working Day - Any day, other than a holiday, Saturday or Sunday, on which the
Contractor may proceed with regular work on the current controlling operation as
determined by the City Engineer toward the completion of the Contract. A working
day is equivalent to 1.45 calendar days.
2.0 ADMINISTRATION
2.1 Administration of the Contract
The City Engineer will provide administration of the Contract as hereinafter
discussed. The duties, responsibilities and limitations of authority of City retained
consultants and the City Engineer during the construction, as set forth in the Contract
Documents, will not be modified or extended without written consent of the City.
In case of the termination of the employment of a consultant or the City Engineer,
the City will appoint a consultant or a City Engineer whose status under the Contract
Documents shall be that of the former consultant or City Engineer, respectively.
2.2 City Engineer
2.2.1 General - The City Engineer has the authority to act on behalf of the City on
change orders, progress payments, Contract decisions, acceptability of the
Contractor's work, and early possession.
2.2.2 Change Orders - The City Engineer has the authority to accept or reject
change orders and cost proposals submitted by the Contractor or as
recommended by the City Engineer.
General Conditions 1400-8
2.2.3 Progress Payments - The City Engineer has the authority to accept or reject
requests for progress payments which have been submitted by the
Contractor.
2.2.4 Contract Decisions - Should the Contractor disagree with decisions
rendered under this Contract; the Contractor may appeal to the City Engineer
in accordance with the provisions of the Contract.
2.2.5 Acceptability of Work - The City Engineer has the authority to make the final
determination of the acceptability of the Work.
2.2.6 Construction Schedule - The City Engineer has the authority to review and
recommend acceptance of the progress schedule submitted by the
Contractor at the start of the Work and subsequent significant revisions for
conformance to the specified sequence of work and logic.
2.2.7 Inspection - The City Engineer with the assistance of inspectors will observe
the progress, quality, and quantity of the Work to determine, in general, if the
Work is proceeding in accordance with the intent of the Contract Documents.
The City Engineer shall not be responsible for construction means, methods,
techniques, sequences, or procedures, or for safety precautions and
programs in connection with the Work.
In accordance with the provisions detailed elsewhere in these General Conditions,
the City Engineer will make decisions relative to all matters of interpretation or
execution of the Contract Documents.
2.3 Consultants
2.3.1 General - Consultants will have the authority to act on behalf of the City only
to the extent provided in the Supplemental General Conditions.
3.0 City
3.1 General
The City, acting through the City Engineer, shall have the authority to act as the sole
judge of the Work and materials with respect to both quantity and quality as set forth
in the Contract.
3.2 Attention to Work
The City shall notify the Contractor in writing of the name of individuals designated
as representatives of the City Engineer. The representative will normally be at the
Site of the Work. During the representative's absences, the Contractor may contact
the City Engineer or a previously designated representative.
General Conditions 1400-9
3.3 Inspection
The City will employ one or more inspectors to observe the Work and to act in
matters of construction under this Contract. An inspector is not authorized to revoke,
alter, or waive any requirements of the specifications. The inspector is authorized to
call the attention of the Contractor to any failure of the Work or materials to conform
to the Contract Documents. The inspector shall have the authority to reject material
or, in any emergency, suspend the Work. The Contractor may appeal any such issue
which it disagrees with to the City Engineer.
Contractor shall call in daily for inspections, unless otherwise approved by
the City, at Public Works Inspection Hotline 760-777-7097. Concrete
inspections will be required separately for all stages of the work: subgrade;
forming; and pouring.
Separate and independent from the inspection above, the project may be inspected
by Building Officials for code compliance. Such inspectors shall have the authority
provided to them by local jurisdiction.
3.4 City's Right to Carry Out the Work
If the Contractor defaults or neglects to carry out the Work in accordance with the
Contract Documents and fails within seven (7) days after receipt of written notice
from the City to commence and continue correction of such default or neglect with
diligence and promptness, the City may, after seven (7) days following receipt by
the Contractor of an additional written notice and without prejudice to any other
remedy make good such deficiencies.
The City also reserves the right to perform any portion of the work due to an
emergency threatening the safety of the Work, public, City, and any property or
equipment.
In either case an appropriate Change Order shall be issued unilaterally deducting
from the payments then or thereafter due the Contractor the cost of correcting such
deficiencies and/or for performing such work, including compensation for
consultants and City's additional services made necessary by such default, neglect,
failure, or emergency.
3.5 City's Right to Perform Work and to Award Separate Contracts
The City reserves the right to perform the work related to the Project with the City's
own forces, and to award separate Contracts in connection with other portions of the
Project or other work on the Site under these or similar Conditions of the Contract.
If the Contractor claims that delay, damage, or additional cost is involved because
of such action by the City, the Contractor shall make such claim as provided
elsewhere in the Contract Documents.
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.
General Conditions 1400-10
The City will provide for the coordination of the work of the City's own forces and of
each separate Contractor with the Work of the Contractor, who shall cooperate
therewith as provided in Paragraph 1400-4.8.3, Cooperation.
4.0 CONTRACTOR
4.1 Office
The Contractor's address stated in the Bid is hereby designated as the legal address
of the Contractor for the receipt of documents, samples, notices, letters, and other
Articles of communication.
4.2 Contractor's Representative
The Contractor shall notify the City in writing of the name of the person who will act
as the Contractor's representative and shall have the authority to act in matters
relating to this Contract. The Contractor, acting through its representative, shall give
personal attention to, and shall manage the Work, so that it shall be prosecuted
faithfully. The Contractor's representative shall be an employee of the Contractor.
Upon written request of the Contractor, this requirement may be waived by the City.
The City's waiver, if granted will be in writing. There is no obligation by the City to
waive this provision regardless of the effect on the Contractor's operations.
At all times during the progress of the Work, the Contractor's representative shall be
personally present at the Project site, or a designated alternate shall be available
who has the authority to act in matters relating to the Contract. The Contractor's
representative or designated alternate shall have the authority to carry out the
provisions of the Contract and to supply materials, equipment, tools, and labor
without delay for the performance of the Work.
Before initial work is begun on the Contract, the Contractor shall file with the City
Engineer addresses and telephone numbers where the Contractor's and all
subcontractors' representatives can be reached during all hours, including nights
and weekends when work is not in progress.
4.3 Construction Procedures
The Contractor will supervise and direct the work. The Contractor has the authority
to determine the means, methods, techniques, sequences, and procedures of
construction, except in those instances where the City, to define the quality of an
item of work, specifies in the Contract, a means, method, technique, sequence, or
procedure for construction of that item of Work.
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.
General Conditions 1400-11
The Contractor shall employ only competent, skillful workers to perform the Work. If
any subcontractor or person employed by the Contractor or its subcontractors,
appear to the City Engineer to be incompetent or act in a disorderly or improper
manner, such person or subcontractor shall be discharged from the site immediately
by the Contractor upon written direction of the City Engineer, and such person shall
not again be employed on the Project.
4.5 Subcontractors
Subcontractors will not be recognized as having a direct relationship with the City.
The persons engaged in the Work, including employees of subcontractors and
suppliers, will be considered employees of the Contractor. The Contractor will be
responsible for their work and their work shall be subject to the provisions of the
Contract. The Contractor is as fully responsible to the City for the acts and omissions
of its subcontractors and of persons either directly or indirectly employed by them
as the Contractor is for the acts and omissions of persons directly employed by the
Contractor. Nothing contained in the Contract Documents shall create any
contractual relation between any subcontractor and the City. References in the
Contract Document to actions required of subcontractors, manufacturers, suppliers,
or any party other than the Contractor, the City, the City Engineer, its consultants
shall be interpreted as requiring that the Contractor shall require such subcontractor,
manufacturer, supplier, utility company, or party to perform the specified action,
unless the Contract Documents specifically state that the Work is not included in the
Contract.
The Contractor shall not employ any subcontractors that are not properly licensed
in accordance with State law. Prior to commencement of any work by a
subcontractor, the Contractor shall submit verification to the City Engineer that the
subcontractor is properly licensed for the work it will perform. Changes to
subcontractors listed in the Bid in accordance with Public Contract Code 4100 et.
seq., shall be made only with the approval of the City.
4.6 Contractor's Equipment and Facilities
The Contractor shall furnish and maintain in good condition all equipment and
facilities as required for the proper execution and inspection of the Work. Such
equipment and facilities shall meet all requirements of applicable ordinances and
laws.
4.7 Public Safety and Convenience
The Contractor shall conduct its work so as to insure the least possible obstruction
to traffic and inconvenience to the general public and the residents in the vicinity of
the Work and to insure the protection of persons and property at no extra cost to the
City. The Contractor shall have under construction no greater length or amount of
work than he can prosecute properly with due regard to the rights of the public.
General Conditions 1400-12
4.8 City-Contractor Coordination
4.8.1 Service of Notice - Notice, order, direction, request, or other communication
given by the City or the City Engineer to the Contractor shall be deemed to
be well and sufficiently given to the Contractor if delivered to the Contractor's
Representative designated in Paragraph 1400-4.2, Contractor's
Representative, to the Contractor's office designated in Paragraph 1400-4.1,
Office, or to the Contractor's address provided in the Bid Proposal.
4.8.2 Suggestions to Contractor - Plans or methods of work suggested by the
City, City Engineer or authorized representatives to the Contractor, but not
specified or required, if adopted or followed by the Contractor in whole or in
part, shall be used at the risk and responsibility of the Contractor. The City,
City Engineer, or authorized representatives assume no responsibility
therefor, and in no way will be held liable for any defects in the Work which
may result from or be caused by use of such plan or method of work.
4.8.3 Cooperation - The Contractor shall afford the City, the City Engineer and
separate Contractors reasonable opportunity for the introduction and storage
of their materials and equipment and the execution of their work and shall
coordinate the Work with theirs as required by the Contract Documents.
If any part of the Contractor's Work depends for proper execution or results upon the
work of the City or any separate Contractor, the Contractor shall, prior to proceeding
with the Work, promptly report to the City Engineer any apparent discrepancies or
defects in such other work that render it unsuitable for such proper execution and
results. Failure of the Contractor to so report shall constitute an acceptance of the
City's or separate Contractor's work as fit and proper to receive the Work, except as
to defects which may subsequently become apparent in such work by others.
If requested by the Contractor, the City shall arrange meetings with other contractors
performing work on behalf of the City to plan coordination of construction activities.
The City shall keep the Contractor informed of the planned activities of other
contractors.
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.
General Conditions 1400-13
4.9 Permits
Unless specifically stated to be provided by the City, Contractor shall apply for,
obtain, and comply with all the terms, conditions and requirements attached to all
permits, bonds and licenses required by local, state, or federal agencies to perform
work, construct, erect, test and startup of any equipment or facility for this Contract.
Where operating permits are required, the Contractor shall apply for and obtain such
operating permits in the name of the City and provide the permit in an appropriate
frame or file holder when the City accepts substantial completion of the equipment
or facility. The Contractor shall give all notices necessary or incidental to the due
and lawful prosecution of the work.
Any permits, bonds, licenses and fees therefore required for the performance of work
under this Contract and not specifically mentioned herein as having been obtained
and paid by the City shall be included in the Contractor's bid price.
The Contractor shall apply for and obtain in its name the necessary building,
plumbing and electrical permits and shall be responsible for satisfying all code
requirements, calling for inspections, and obtaining final approvals. Code
inspections will be coordinated by the City Engineer. The Contractor shall comply
with all construction conditions stipulated in the permits. The Contractor shall
include in its bid the fees for any permits required.
The Contractor shall apply for and obtain all safety permits for excavations,
tunneling, trenches, construction (building structure, scaffolding, or falsework) and
demolition required by CAL/OSHA including but not limited to, the permits required
by Labor Code Section 6500.
4.10 Contractor's Responsibility for the Work and Materials
Until acceptance of the Work, the Contractor shall have the charge and care of the
Work and of the materials to be used therein and shall bear the risk of injury, loss,
or damage, to any part thereof (regardless of whether partial payments have been
made on such damaged portions of the Work) by the action of the elements or from
any other cause, whether arising from the non-execution of the Work. The Contractor
shall rebuild, repair, restore, and make good all injuries, losses, or damages to any
portion of the Work or the materials occasioned by any cause before its completion
and acceptance and shall bear the expense thereof, except for such injuries, losses,
or damages as are directly and approximately caused by acts of the City.
General Conditions 1400-14
4.11 Laws to be Observed
The Contractor shall keep himself fully informed of all existing and future County,
State, and National laws and regulations and all municipal ordinances and
regulations of the City which in any manner affect those engaged or employed in the
Work and of all such orders and decrees of bodies having any jurisdiction or authority
over the same; and shall protect and indemnify the City and all of its officers, agents,
and servants against any claim or liability arising from or based on the violation of
any such laws, ordinances, regulations, orders, or decrees whether by himself or its
employees. If any discrepancy or inconsistency is discovered in the plans, drawings,
specifications, or Contract for the Work in relation to any such law, ordinance,
regulations, order or decree, the Contractor shall immediately report the same to the
City Engineer in writing.
4.11.1 Construction Registration with California Department of Industrial
Relations - A contractor or subcontractor shall not be qualified to bid on, be
listed in a bid proposal, subject to the requirements of Section 4104 of the
Public Contract Code, or engage in the performance of any contract for public
works, as defined in Chapter 1 (commencing with Section 1720) of Part 7 of
Division 2 the Labor Code, unless currently registered and qualified to
perform public works pursuant to Section 1725.5 of the Labor Code. Prior to
March 1, 2015, it is not a violation of this section for an unregistered contractor
to submit a bid that is authorized by Section 7029.1 of the Business and
Professions Code or by Section 10164 or 20103.5 of the Public Contract
Code, provided the contractor is registered to perform public works pursuant
to Section 1725.5 of the Labor Code prior to April 1, 2015. Effective March
1, 2015, only contractors and subcontractors that are registered to perform
public works pursuant to Section 1725.5 of the Labor Code may submit a bid
for a public works project. Effective April 1, 2015, contractors and
subcontractors not registered to perform public works pursuant to Section
1725.5 of the Labor Code may not engage in the performance of a public
works project awarded after April 1, 2015.
4.11.2 Prevailing Wage - In accordance with Section 1770 of the Labor Code, the
City has ascertained and does hereby specify that the prevailing wage rates
shall be those provided in Article 1110-20.0, WAGE RATES. The said rates
shall include all employer payments that are required by Section 1773.1 of
the Labor Code. The City will furnish to the Contractor, upon request, a copy
of such prevailing rates. It shall be the duty of the Contractor to post a copy
of such prevailing wages at the job site.
General Conditions 1400-15
For each worker paid less than the stipulated rate in the execution of the
Contract by the Contractor, or any subcontractor under him, in violation of the
provisions of the Labor Code, and in particular, Section 1770 to Section 1780,
inclusive, the Contractor shall be subject to the provisions and penalties of
Section 1775 of the Labor Code. In addition to said penalty, and pursuant to
said Section 1775, the difference between such stipulated prevailing wage
rates and the amounts paid to each worker for each calendar day, or portion
thereof, for which each worker was paid less than the stipulated prevailing
rate shall be paid to each worker by the Contractor.
The wage rates set forth are the minimum that may be paid by the Contractor.
Nothing herein contained shall be construed as preventing the Contractor
from paying more than the minimum set forth.
No extra compensation whatever shall be allowed by the City due to the
inability of the Contractor to hire labor at the minimum rate nor for any
necessity for payment by the Contractor for subsistence, travel time,
overtime, or other added compensation, all of which possibilities are elements
to be considered and ascertained to the Contractor's own satisfaction in
preparing the bid.
If it becomes necessary to employ a craft other than those listed, the
Contractor shall notify the City immediately and the City will determine the
additional prevailing rate from the Director of the Department of Industrial
Relations and the rate thus determined shall be applicable as a minimum at
the time of initial employment.
The Contractor shall pay travel and subsistence payments to workers needed
to execute the work as such travel and subsistence payments are defined in
the applicable collective bargaining agreement filed with the Department of
Industrial Relations pursuant to Labor Code Section 1773.8.
Pursuant to Labor Code section 1771.1, no contractor or subcontractor may
be listed on a bid proposal for a public works project submitted on or after
March 1, 2015 unless registered with the California Department of Industrial
Relations. Furthermore, all bidders and contractors are hereby notified that
no contractor or subcontractor may be awarded, on or after April 1, 2015, a
contract for public work on a public works project unless registered with the
Department of Industrial Relations.
Pursuant to Labor Code section 1771.4, all bidders and contractors are
hereby notified that this project is subject to compliance monitoring and
enforcement by the California Department of Industrial Relations.
4.11.3 Certified Payrolls - In accordance with Section 1776 of the Labor Code,
each Contractor and subcontractor shall keep an accurate payroll record,
showing the name, address, social security number, work classification,
straight time, and overtime hours worked each day and week, and the actual
per diem wages paid to each journeyman, apprentice, worker, or other
employee employed by him or her in connection with the project.
General Conditions 1400-16
The payroll records shall be certified and shall be available for inspection at
all reasonable hours at the principal office of the Contractor on the following
basis:
a. Pursuant to SB854, all contractors and subcontractors must furnish
electronic certified payroll records directly to the Labor
Commissioner (aka Division of Labor Standards Enforcement). All
contractors and subcontractors must also provide a copy and proof
to the City of online submittal within 2 days of online submission.
b. A certified copy of an employee's payroll record shall be made available
for inspection or furnished to the employee or his or her authorized
representative on request.
c. A certified copy of all payroll records shall be made available for inspection
or furnished upon request to a representative of the City, the Division of
Labor Standards Enforcement, and the Division of Apprenticeship
Standards of the Department of Industrial Relations.
d. A certified copy of all payroll records shall be made available upon request
by the public in accordance with Section 1776 of the Labor Code.
The Contractor is responsible for its and its subcontractor’s compliance with
the provisions of Section 1776 of the Labor Code.
4.11.4 Overtime Requirements - The Contractor shall forfeit, as a penalty to the
City, the penalty as provided in Section 1813 of the Labor Code for each
worker employed in the execution of the Contract by the Contractor, or any
subcontractor under the Contractor, for each day during which such worker
is required or permitted to work more than eight (8) hours in any one day and
forty (40) hours in any one week, in violation of the provisions of the Labor
Code, and in particular, Section 1810 to Section 1815 thereof, inclusive,
except that work performed by employees of Contractors in excess of eight
(8) hours a day and forty (40) hours during one week, shall be permitted upon
compensation for all hours worked in excess of eight (8) hours per day, at not
less than one and a half (1½) times the basic rate of pay as provided for in
Section 1815 of the Labor Code.4.11.5 Apprentice and Trainee -
Attention is directed to the provisions in Section 1777.5 of the Labor Code
and in accordance with the regulations of the California Apprenticeship
Council concerning the employment of apprentices by the Contractor or any
subcontractor under the Contractor.
Section 1777.5 requires the Contractor or subcontractors employing
tradespersons in any apprenticeable occupation to apply to the joint
apprenticeship committee nearest the site of the project and which
administers the apprenticeship program in that trade for a certificate of
approval. The Contractor and subcontractors are required to submit contract
award information to the applicable joint apprenticeship committee. As
provided for in Section 1777.5 of the Labor Code, the Contractor is
required to make contributions to funds established for the
administration of apprenticeship programs.
General Conditions 1400-17
It shall be the responsibility of the Contractor to abide by the provisions of
Section 1777.5 (except 1777.5(b)) of the Labor Code and to require all
subcontractors employed by or contracting with the Contractor to abide by
said provisions. The Contractor shall furnish the City any and all evidence of
compliance with this code section when requested by the City.
For failure to comply with Section 1777.5 (except 1777.5(b)) of the Labor
Code, the Contractor shall be subject to the penalties in Section 1777.7 of the
Labor Code.
4.11.6 Workers' Compensation Insurance - The Contractor is required to secure
the payment of compensation to its employees in accordance with the
provisions of Sections 1860 and 3700 of the Labor Code and Paragraph
1340-2.4 Workers' Compensation Insurance
4.12 Safety
The Contractor shall be solely and completely responsible for conditions of the job
site, including safety of all persons and property during performance of the work.
This requirement shall apply continuously and not be limited to normal working
hours. Safety provisions shall conform to U.S. Department of Labor (OSHA), the
California Occupational Safety and Health Act, and all other applicable Federal,
State, County, and local laws, ordinances, codes, the requirements set forth below,
and any regulations that may be detailed in other parts of these Documents. Where
any of these are in conflict, the more stringent requirement shall be followed.
The completed Work shall include all necessary permanent safety devices, such as
machinery guards and similar ordinary safety items, required by the State and
Federal (OSHA) industrial authorities and applicable local and national codes.
Further, any features of the Work, including City-selected equipment, subject to such
safety regulations shall be fabricated, furnished, and installed in compliance with
these requirements. All equipment furnished shall be grounded and provided with
guards and protection as required by safety codes.
Where vapor-tight or explosion-proof electrical installation is required by safety
codes, this shall be provided. Contractors and manufacturers of equipment shall be
held responsible for compliance with the requirements included herein. The
Contractor shall notify all equipment suppliers and subcontractors of the provisions
of this paragraph.
Before proceeding with any construction work, the Contractor shall take the
necessary action to comply with all provisions for safety and accident prevention.
The Contractor shall develop and maintain for the duration of this Contract, a safety
program that will effectively incorporate and implement all required safety provisions.
The Contractor shall appoint an employee as safety supervisor who is qualified and
authorized to supervise and enforce compliance with the safety program.
General Conditions 1400-18
The Contractor, as a part of his safety program, shall maintain at his office or other
well-known place at the Site, safety equipment applicable to the Work as prescribed
by the aforementioned authorities, all items necessary for giving first aid to the
injured, and shall establish the procedure for the immediate removal to a hospital or
a doctor's care of persons who may be injured on the job site.
In accordance with the provisions of Section 6705 of the Labor Code, the Contractor
shall submit, in advance of excavation 5 feet or more in depth, detailed plans
showing the design of shoring, bracing, sloping, or other provisions to be made for
worker protection from hazard of caving ground during such excavation. If such
Plans vary from the shoring system standards set forth in the Construction Safety
Orders in Title 8, California Code of Regulations, Article 6, the Plans shall be
prepared and signed by a registered civil or structural engineer. Shoring, bracing,
sloping, or other protective system shall not be less effective than required by the
California Construction Safety orders.
If death or serious injuries or serious damages are caused, the accident shall be
reported immediately by telephone or messenger to the City. In addition, the
Contractor must promptly report in writing to the City Engineer all accidents
whatsoever arising out of, or in connection with, the performance of the Work
whether on, or adjacent to, the Site, giving full details and statements of witnesses.
The Contractor shall make all reports as are, or may be, required by any authority
having jurisdiction, and permit all safety inspections of the work being performed
under this Contract. If a claim is made by anyone against the Contractor or any
subcontractor on account of any accident, the Contractor shall promptly report the
facts in writing to the City Engineer, giving full details of the claim.
5.0 CONTROL OF WORK AND MATERIALS
5.1 Means and Methods
It is expressly stipulated that the drawings, specifications and other Contract
Documents set forth the requirements as to the nature of the completed Work and
do not purport to control the method of performing work except in those instances
where the nature of the completed Work is dependent on the method of
performance.
Except as provided elsewhere in the Contract Documents, neither the City, its
consultants, or the City Engineer will be responsible for or have control or charge of
construction means, methods, techniques, sequences or procedures, or for safety
precautions and programs in connection with the Work. Except as provided
elsewhere in the Contract Documents, neither the City, its consultants, or the City
Engineer will be responsible for or have control or charge over the acts or omissions
of the Contractor, or any of their subcontractors, agents or employees, or any other
persons performing any of the Work. Any general control of the Work exercised by
the City or its authorized representatives shall not make the Contractor an agent of
the City, and the liability of the Contractor for all damages to persons and/or to public
or private property arising from the Contractor's execution of the Work shall not be
lessened because of such general control.
General Conditions 1400-19
Neither the inspection by the City, its consultants, or the City Engineer, nor any
order, measurement, approved modification, or payment of monies, nor acceptance
of any part or whole of the Work by the City, the City Engineer or the consultant, or
their agents, shall operate as a waiver of any provision of the Contract.
Acceptance by the City, it consultants, or the City Engineer of any drawings,
methods of work, or any information regarding materials and equipment the
Contractor proposes to furnish in the Work shall not be regarded as an assumption
of risks or liability by the City, its consultants, or the City Engineer, or any officer or
employee thereof, and the Contractor shall have no claim under the Contract on
account of the failure or partial failure or inefficiency or insufficiency of any plan or
method of work or material and equipment so accepted. Such acceptance shall be
considered to mean merely that the City, its consultants, or the City Engineer has
no objection to the Contractor using, upon its own full responsibility, the plan or
method of work proposed, or furnishing the materials and equipment proposed.
5.2 City-Furnished Materials
Materials, if furnished by the City, will be made available as designated in the
Specific Project Requirements. The cost of loading, unloading, hauling and handling,
and placing City-furnished materials shall be considered as included in the price bid
for the Contract item involving such City-furnished material.
Contractor shall inspect and assure himself of the amount and soundness of such
materials.
The Contractor will be held responsible for all materials furnished to it and shall pay
all demurrage and storage charges. City-furnished materials lost or damaged from
any cause whatsoever shall be replaced by the Contractor. The Contractor will be
liable to the City for the cost of replacing City-furnished material and such costs may
be deducted from any monies due or to become due the Contractor.
5.3 Defective and Unauthorized Work
Materials and workmanship not conforming to the requirements of the Contract
Documents shall be considered defective and will be subject to rejection. Defective
work or material, whether in place or not, shall be removed immediately from the
Site by the Contractor, at its expense, when so directed by the City Engineer.
Any work done beyond the limits of work, lines, and grades shown on any approved
plans or established by the City Engineer, or any extra work done without written
authority, will be considered as unauthorized and will not be paid for.
Upon failure on the part of the Contractor to comply with any order of the City
Engineer made under the provisions of this section, the City Engineer shall have
authority to cause defective work to be remedied, or removed and replaced, and
unauthorized work to be removed, and to deduct the costs thereof from any monies
due or to become due the Contractor. The time, cost and compliance requirements
stipulated in Paragraph 1400-3.4, City's Right to Carry Out the Work, shall apply
for this paragraph also.
General Conditions 1400-20
5.4 Unnoticed Defects
Any defective work or material that may be discovered by the City, its consultants,
or the City Engineer before the final acceptance of the Work, or before final payment
has been made, or during the warranty period, shall be removed and replaced by
work and materials which shall conform to the provisions of the Contract Documents.
Failure on the part of the City, its consultants, or the City Engineer to condemn or
reject bad or inferior work or materials shall not be construed to imply acceptance of
such work or materials.
5.5 Right to Retain Imperfect Work
If any part or portion of the work performed or material furnished under this Contract
shall prove defective and not in accordance with the Drawings and Specifications,
and if the imperfection in the same shall not be of sufficient magnitude or importance
as to make the work dangerous or unsuitable, or if the removal of such work will
create conditions which are dangerous or undesirable, the City shall have the right
and authority to retain such work but shall make such deductions in the final
payment therefor as may be just and reasonable.
6.0 PROGRESS OF THE WORK
6.1 Beginning of Work
The Contractor shall begin work within ten (10) days after receiving Notice to
Proceed and shall diligently prosecute the same to completion within the time limit.
Should the Contractor begin work in advance of receiving Notice to Proceed, any
work performed in advance of the said date of approval shall be considered as
having been done by the Contractor at its own risk and as a volunteer.
6.2 Time of Completion
Time shall be of the essence of the Contract. The Contractor shall prosecute the
work so that the various portions of the project shall be complete and ready for use
within the time specified in Paragraph 3000-1.6 TIME ALLOWED FOR
COMPLETION. It is expressly understood and agreed by and between the
Contractor and the City that the Contract time for completion of the work described
herein is a reasonable time taking into consideration the average climatic and
economic conditions and other factors prevailing in the locality and the nature of the
work.
6.3 Delays
6.3.1 Notice of Delays - When the Contractor foresees a delay in the prosecution
of the Work and, in any event, immediately upon the occurrence of a delay,
the Contractor shall notify the City Engineer in writing of the probability of the
occurrence and the estimated extent of the delay, and its cause. The
Contractor shall take immediate steps to prevent, if possible the occurrence
or continuance of the delay. The Contractor agrees that no claim shall be
made for delays which are not called to the attention of the City Engineer at
the time of their occurrence.
General Conditions 1400-21
6.3.2 Avoidable Delays - Avoidable delays in the prosecution of the Work shall
include delays which could have been avoided by the exercise of care,
prudence, foresight, and diligence on the part of the Contractor or its
subcontractors, at any tier level, or suppliers.
6.3.3 Unavoidable Delays - Unavoidable delays in the prosecution or completion
of the Work shall include delays which result from causes beyond the control
of the Contractor, and which could not have been avoided by the exercise of
care, prudence, foresight, and diligence on the part of the Contractor or his
subcontractors, at any tier level, or suppliers. Delays in completion of the
Work of other Contractors employed by the City will be considered
unavoidable delays insofar as they interfere with the Contractor's completion
of the current critical activity item of the Work.
6.3.3.1 Abnormal Delays - Delays caused by acts of God, fire, unusual storms,
floods, tidal waves, earthquakes, strikes, labor disputes, freight embargoes,
and shortages of materials shall be considered as unavoidable delays insofar
as they prevent the Contractor from proceeding with at least seventy-five (75)
percent of the normal labor and equipment force for at least five (5) hours per
day toward completion of the current critical activity item on the favorably
reviewed progress schedule.
6.3.3.2 Material Shortages - Upon the submission of satisfactory proof to the City
Engineer by the Contractor, shortages of material will be acceptable as
grounds for granting a time extension. In order that such proof may be
satisfactory and acceptable to the City Engineer, it must be demonstrated by
the Contractor that the Contractor has made every effort to obtain such
materials from all known sources within reasonable reach of the proposed
Work.
Only the physical shortage of material, caused by unusual circumstances, will
be considered under these provisions as a cause for extension of time, and
no consideration will be given to any claim that material could not be obtained
at a reasonable, practical, or economical cost or price, unless it is shown to
the satisfaction of the City Engineer that such material could have been
obtained only at exorbitant prices entirely out of line with current rates, taking
into account the quantities involved and usual practices in obtaining such
quantities. A time extension for shortage of material will not be considered for
material ordered or delivered late or whose availability is affected by virtue of
the mishandling of procurement. The above provisions apply equally to
equipment to be installed in the work.
6.4 Time Extensions
6.4.1 Avoidable Delay - The City may grant an extension of time for avoidable
delays if the City deems it is in its best interest. If the City grants an extension
of time for avoidable delays, the Contractor agrees to pay the City's actual
costs, including charges for engineering, inspection and administration
incurred during the extension.
General Conditions 1400-22
6.4.2 Unavoidable Delay - If the Contractor is delayed in the performance of its
work by an act of the City or if the Contractor is delayed in the performance
of its work by an unavoidable delay, then the Contract completion date may
be extended by the City for such time that, in the City's and City Engineer's
opinion, the Contractor's completion date will be unavoidably delayed,
provided that the Contractor strictly fulfills the following:
a. The Contractor shall provide notification, in accordance with Paragraph
1400-6.3.1, Notice of Delays and submit in writing a request for an
extension of time to the City Engineer stating at a minimum the probable
cause of the delay and the number of days being requested. The time
extension request shall be submitted in accordance with the requirements
of Paragraph 2000-4.3, TIME IMPACT ANALYSIS.
b. If requested by the City Engineer, the Contractor shall promptly provide
sufficient information to the City Engineer to assess the cause or effect of
the alleged delay, or to determine if other concurrent delays affected the
work.
c. Weather Delays. The Contractor will be granted a non-compensable time
extension for weather caused delays.
Should the Contractor fail to fulfill any of the foregoing, which are considered
conditions precedent to the right to receive a time extension, the Contractor
waives the right to receive a time extension.
Should the Contractor fail to complete the work within the time specified in
the contract, as extended in accordance with this clause if appropriate, the
Contractor shall pay to the City liquidated damages in accordance with
Section 1500, Paragraph 1500- 2.1, Liquidated Damages.
During such extension of time, neither extra compensation for engineering,
inspection, and administration nor damages for delay will be charged to the
Contractor. It is understood and agreed by the Contractor and City that time
extensions due to unavoidable delays will be granted only if such unavoidable
delays involve controlling operations which would prevent completion of the
whole Work within the specified Contract time.
6.4.3 Indirect Overhead - The Contractor shall be reimbursed for indirect
overhead expenses for periods of time when the Work is stopped due to
delays as defined in Paragraph 1400-6.3.3, Unavoidable Delay. However,
no reimbursement for indirect overhead shall be made for delays as defined
in Paragraphs 1400-6.3.3.1, Abnormal Delays; 1400-6.4.2c, Weather Delays;
or 1400-6.3.3.3, Material Shortages.
As a condition precedent to any reimbursement, the Contractor must fulfill all
conditions as provided in Paragraph 1400-6.4.2, Unavoidable Delay.
General Conditions 1400-23
The reimbursement of indirect overhead is limited to those delay conditions
defined above when the Contractor is prevented from proceeding with
seventy-five (75) percent of the normal labor and equipment force for at least
five (5) hours per day toward completion of the current critical activity item(s)
on the current favorably reviewed progress schedule.
6.4.3.1 Indirect Field Overhead - For those allowable delay periods as defined in
Paragraph 1400-6.4.3, Indirect Overhead, the Contractor shall be
reimbursed for its indirect field overhead based on:
a. Invoices for all field office equipment.
b. Actual salary for field office staff.
c. Fair rental values acceptable to the City Engineer as described in
Paragraph 1400-8.3, Force Account Payment for construction
equipment idled due to the delay.
6.4.3.2 Home Office Overhead - For those allowable delay periods as defined in
Paragraph 1400-6.4.3, Indirect Overhead, the Contractor shall be
reimbursed for its home office overhead based on the following formula:
Contract Bid Price divided by Contract Period Days x $0.03 = Daily Home
Office Overhead ($/Day)
Such reimbursement shall be mutually agreed between the City and
Contractor to encompass full payment for any home office overhead
expenses for such periods of time for the Contractor and all subcontractors.
The Contractor agrees to hold the City harmless for any indirect overhead
claims from its subcontractors.
6.5 Temporary Suspension of Work
6.5.1 If the Contractor fails to correct defective work as required by Paragraph
1400-5.3, Defective and Unauthorized Work, or fails to carry out the Work
in accordance with the Contract Documents or any other applicable rules and
regulations, the City, by a written order of the City Engineer or a
representative specifically empowered to do so, may order the Contractor to
stop the work, or any portion thereof, until the cause for such order has been
eliminated; however, this right of the City to stop the Work shall not give rise
to any duty on the part of the City to exercise this right for the benefit of the
Contractor or any other person or entity. All delays in the Work occasioned
by such stoppage shall not relieve the Contractor of any duty to perform the
Work or serve to extend the time for its completion. Any and all necessary
corrective work done in order to comply with the Contract Documents shall
be performed at no cost to the City.
General Conditions 1400-24
6.5.2 In the event that a suspension of Work is ordered, as provided in this
paragraph, the Contractor, at its expense, shall perform all work necessary to
provide a safe, smooth, and unobstructed passageway through construction
for use by public, pedestrian, and vehicular traffic, during the period of such
use by suspension. Should the Contractor fail to perform the Work as
specified, the City may perform such work and the cost thereof may be
deducted from monies due the Contractor under the Contract.
6.5.3 The City shall also have authority to suspend the Work wholly or in part, for
such period as the City may deem necessary, due to unsuitable weather, or
to such other conditions as are considered unfavorable for the suitable
prosecution of the Work. Such temporary suspension of the Work will be
considered justification for time extensions to the Contract in an amount equal
to the period of such suspension.
The Contractor as directed by the City shall provide the provisions as
stipulated in Paragraph 1400-6.6.2 above. Such additional work shall be
compensated as provided for in Paragraph 1400-7.0, CHANGES IN SCOPE
OF WORK.
6.6 Termination of Contract
If at any time the Contractor is determined to be in material breach of the Contract,
notice thereof in writing will be served upon the Contractor and its sureties, and
should the Contractor neglect or refuse to provide means for a satisfactory
compliance with the Contract, as directed by the City Engineer, within the time
specified in such notice, the City shall have the authority to terminate the operation
of the Contract.
Upon such termination, the Contractor shall discontinue the Work, or such parts of
it as the City may designate. Upon such termination, the Contractor's control shall
terminate and thereupon the City or its fully authorized representative may take
possession of all or any part of the Contractor's materials, tools, equipment, and
appliances upon the premises and use the same for the purposes of completing the
Work and hire such force and buy or rent such additional machinery, tools,
appliances, and equipment, and buy such additional materials and supplies at the
Contractor's expense as may be necessary for the proper conduct of the Work and
for the completion thereof; or the City may employ other parties to carry the Contract
to completion, employ the necessary workers, substitute other machinery or
materials and purchase the materials contracted for, in such manner as the City may
deem proper; or the City may annul and cancel the Contract and relet the Work or
any part thereof. Any excess of cost arising there from over and above the Contract
price will be charged against the Contractor and its sureties, who will be liable
therefore.
General Conditions 1400-25
In the event of such termination, all monies due the Contractor or retained under the
terms of this Contract shall be held by the City in an escrow account; however, such
holdings will not release the Contractor or its sureties from liability for failure to fulfill
the Contract. Any excess cost over and above the Contract Amount incurred by the
City arising from the termination of the operations of the Contract and the completion
of the Work by the City as above provided shall be paid for by any available funds
in the escrow account. The Contractor will be so credited with any surplus remaining
after all just claims for such completion have been paid.
7.0 CHANGES IN THE SCOPE OF WORK
7.1 Change Orders
7.1.1 Without invalidating the Contract and without notice to sureties or insurers,
the City, through the City Engineer, may at any time or from time to time,
order additions, deletions, or revisions in the Work; these will be authorized
by Field Directive, Field Order, or Change Order. A Change Order will not be
issued for a Field Directive unless the City Engineer concurs with an appeal
by the Contractor that such Field Directive is a change in the scope of the
Contract. The Contractor shall comply promptly with the requirements for all
Change Orders, Field Orders, or Field Directives. The work involved in
Change Orders shall be executed under the applicable conditions and
requirements of the Contract Documents. If any Field Order causes an
increase or decrease in the Contract Amount or an extension or shortening
of the Contract Time, an equitable adjustment will be made by issuing a
Change Order. If the Contractor accepts a Change Order that does not
include a time extension, the Contractor waives any claim for additional time
for the work covered by that Change Order.
Additional or extra work performed by the Contractor without written
authorization of a Field Order or Change Order will not entitle the Contractor
to an increase in the Contract Amount or an extension of the Contract Time.
7.1.2 Extra work shall be that work not shown or detailed on the Contract Drawings
and not specified. Such work shall be governed by all applicable provisions
of the Contract Documents. In giving instructions, the City Engineer shall
have authority to make minor changes in the work, not involving extra cost,
and not inconsistent with the purposes of the work; but otherwise, except in
an emergency endangering life or property, no extra work or change shall be
made unless in pursuance of a written order by the City through the City
Engineer, and no claim for an addition to the total amount of the Contract
shall be valid unless so ordered.
7.1.3 In case any change increases or decreases the work shown, the Contractor
shall be paid for the work actually done at a mutually agreed upon adjustment
to the Contract price, based upon the provisions of Paragraph 1400-8.0
PROJECT MODIFICATION PROCEDURES
General Conditions 1400-26
7.1.4 If the Contractor refuses to accept a Change Order, the City may issue it
unilaterally. The Contractor shall comply with the requirements of the Change
Order. The City shall provide for an equitable adjustment to the Contract and
compensate the Contractor accordingly. If the Contractor does not agree that
the adjustment is equitable, it may submit a claim in accordance with
Paragraph 1400-7.3.2, Claims.
7.2 Differing Site Conditions
Pursuant to Public Contract Code Section 7104, the Contractor shall promptly, and
before such conditions are disturbed, notify the City Engineer in writing, of any:
a. Material that the Contractor believes may be material that is hazardous waste,
as defined in Section 25117 of the Health and Safety Code that is required to be
removed to a Class I, Class II, or Class III disposal site in accordance with
provisions of existing law.
b. Subsurface or latent physical conditions at the site differing from those indicated.
c. Unknown physical conditions at the site of any unusual nature, differing
materially from those ordinarily encountered and generally recognized as
inherent in work of the character provided for in the Contract.
The City shall promptly, investigate the conditions, and if it finds that the conditions
do materially differ, or do involve hazardous waste, and cause a decrease or
increase in the Contractor's cost of, or the time required for, performance of any part
of the work the City shall cause to be issued a change order under the procedures
provided in Paragraph 1400-7.1, Change Orders.
In the event that a dispute arises between the City and the Contractor whether the
conditions materially differ, or involve hazardous waste, or cause a decrease or
increase in the Contractor's cost of, or time required for, performance of any part of
the work, the Contractor shall not be excused from any scheduled completion date
provided for by the Contract, but shall proceed with all work to be performed under
the Contract. The Contractor shall retain any and all rights provided either by
Contract or by law which pertain to the resolution of disputes and protests between
the contracting parties, Paragraph 1400-7.3, Resolution of Disputes.
No claim of the Contractor under this clause shall be allowed unless the Contractor
has given the notice required.
7.3 Resolution of Disputes
7.3.1 Contract Interpretation by the City Engineer - Questions regarding the
meaning and intent of the Contract Documents shall be referred in writing by
the Contractor to the City Engineer. The City Engineer shall respond to the
Contractor in writing with a decision.
7.3.2 Claims - Submission of a claim, properly certified, with all required supporting
documentation, and written rejection or denial of all or part of the claim by the
City, is a condition precedent to any action, proceeding, litigation, suit or
demand for arbitration by the Contractor.
General Conditions 1400-27
7.3.2.1 Notice - If the Contractor disagrees with the City Engineer's decision in
Paragraph 1400-7.3.1, Contract Interpretation by the City Engineer, or in
any case where the Contractor deems additional compensation or a time
extension to the Contract period is due him for work or materials not covered
in the Contract or which the City Engineer has not recognized as extra work,
the Contractor shall notify the City Engineer, in writing, of his intention to make
claim. Claims pertaining to decisions provided in Paragraph 1400-7.3.1 shall
be filed in writing to the City Engineer within five (5) days of receipt of such
decision. All other claims notices for extra work shall be filed in writing to the
City Engineer prior to the commencement of such work. Written notice shall
use the words "Notice of Potential Claim". Such Notice of Potential Claim shall
state the circumstances and the reasons for the claim but need not state the
amount. Additionally, no claim for additional compensation or extension of
time for a delay will be considered unless the provisions of Paragraphs 1400-
6.3, Delays, and 6.4, Time Extensions, are complied with. No claim filed
after the date of final payment will be considered.
It is agreed that unless notice is properly given, the Contractor shall not
recover costs incurred by him as a result of the alleged extra work, changed
work or other situation which had proper notice been given would have given
rise to a right for additional compensation.
The Contractor should understand that timely notice of potential claim is of
great importance to the City and is not merely a formality. Such notice allows
the City to consider preventative action, to monitor the Contractor's increased
costs resulting from the situation, to marshal facts, and to plan its affairs.
Such notice by the Contractor, and the fact that the City Engineer has kept
account of the cost as aforesaid, shall not in any way be construed as proving
the validity of the claim.
7.3.2.2 Submission of claim costs - Within 30 days after the last cost of work for
which the Contractor contends additional compensation is due, but if costs
are incurred over a span of more than 30 days, then within 15 days after the
thirtieth day and every month thereafter, the Contractor shall submit to the
City Engineer the costs incurred for the claimed matter. Claims shall be made
in itemized detail satisfactory to the City Engineer in content, detail and format
of presentation. If the additional costs are in any respect not knowable with
certainty, they shall be estimated. If the claim is found to be just, it shall be
allowed and paid for as provided in Section 1400-8.0, PROJECT
MODIFICATION PROCEDURES.
General Conditions 1400-28
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 City Engineer may call special
meetings to discuss outstanding claims. The Contractor shall cooperate and
attend, prepared to discuss outstanding claims, making available the
personnel necessary for claim resolution, and providing documents
reasonably requested by the City Engineer.
7.3.3 Resolution of Claims - For all contracts awarded during the effective dates
of Public Contract Code Section 20104, where claims cannot be resolved
between the parties, claims for three hundred and seventy-five thousand
dollars ($375,000) or less shall be resolved pursuant to the provisions of that
code section, which is summarized in Paragraphs 1400-7.3.3.1 to 1400-
7.3.3.5. For claims greater than three hundred and seventy-five thousand
dollars ($375,000) Paragraphs 1400-7.3.3.2 to 1400-7.3.3.4 are applicable;
however, Paragraph 1400-7.3.3.5, Civil Actions for claims less than
$375,000, is not applicable.
7.3.3.1 Claims Less Than $50,000
a. For claims of less than fifty thousand dollars ($50,000), the City Engineer
shall respond in writing to written claims within 45 days of receipt of the
claim in Paragraph 1400-7.3.2, Claims, or may request, in writing, within
30 days of receipt of the claim, any additional documentation supporting
the claim or relating to defenses or claims the City may have against the
Contractor.
b. If additional information is thereafter required, it shall be requested and
provided pursuant to this section, upon mutual agreement of the City and
the Contractor.
General Conditions 1400-29
c. The City Engineer's written response to the claim, as further documented,
shall be submitted to the Contractor within 15 days after receipt of the
further documentation or within a period of time no greater than that taken
by the Contractor in producing the additional information, whichever is
greater.
7.3.3.2 Claims Greater Than $50,000
a. For claims of over fifty thousand dollars ($50,000), the City Engineer shall
respond in writing to all written claims within 60 days of receipt of the claim
in Paragraph 1400-7.3.2, Claims, or may request, in writing, within 30
days of receipt of the claim, any additional documentation supporting the
claim or relating to defenses or claims the City may have against the
Contractor.
b. If additional information is thereafter required, it shall be requested and
provided pursuant to this paragraph, upon mutual agreement of the City
and the Contractor.
c. The City Engineer's written response to the claim, as further documented,
shall be submitted to the Contractor within 30 days after receipt of the
further documentation, or within a period of time no greater than that taken
by the Contractor in producing the additional information or requested
documentation, whichever is greater.
7.3.3.3 Claim Conference - If the Contractor disputes the City Engineer's written
response, or if the City Engineer fails to respond within the time prescribed,
the Contractor may so notify the City, in writing, either within 15 days of
receipt of the City Engineer's response or within 15 days of the City
Engineer's failure to respond within the time prescribed, respectively, and
demand an informal conference to meet and confer for settlement of the
issues in dispute. Upon a demand, the City shall schedule a meet and
conference within 30 days for settlement of the dispute.
7.3.3.4 Claim Filing - If the claim or any portion remains in dispute after the claim
conference noted in Paragraph 1400-7.3.3.4, Claim Conference, the
Contractor may file a claim pursuant to Chapter 1 (commencing with Section
900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6
of Title 1 of the Government Code. For purposes of those provisions, the
running of the period of time within which a claim must be filed shall be tolled
from the time the Contractor submits his or her written claim pursuant to
Paragraph 1400-7.3.2, Claims, until the time the claim is denied, including
any period of time utilized in the meet and confer process.
7.3.3.5 Civil Actions for Claims Less Than $375,000 - The following procedures
are established for all civil actions filed to resolve claims for less than three
hundred seventy-five thousand dollars ($375,000):
General Conditions 1400-30
a. Within 60 days, but no earlier than 30 days, following the filing or
responsive pleading, the court shall submit the matter to non-binding
mediation unless waived by mutual stipulation of both parties. The
mediation process shall provide for the selection within 15 days by both
parties of a disinterested third person as mediator, shall be commenced
within 30 days of the submittal, and shall be concluded within 15 days
from the commencement of the mediation unless a time requirement is
extended upon a good cause showing to the court.
b. If the matter remains in dispute, the case shall be submitted to judicial
arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of
Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section
1141.11 of that Code. The Civil Discovery Act of 1986 (Article 3
(commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the
Code of Civil Procedure) shall apply to any proceeding brought under this
subdivision consistent with the rules pertaining to judicial arbitration.
c. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of
Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible,
be experienced in construction law, and (B) any party appealing an
arbitration award who does not obtain a more favorable judgement shall,
in addition to payment of costs and fees under the chapter, also pay the
attorney's fees on appeal of the other party.
7.3.3.6 Unresolved Issues - Unless this Contract provides otherwise, all claims,
counterclaims, disputes, and other matters in question between the City and
the Contractor that are not resolved between the City and the Contractor and
are not governed by Public Contract Code 20104 shall be decided by a court
of competent jurisdiction. Arbitration shall not be used for resolution of these
disputes.
Should either party to this Contract bring legal action against the other, the
case shall be handled in the California county where the work is being
performed.
7.3.4 Records of Disputed Work - In proceeding with a disputed portion of the
Work, the Contractor shall keep accurate records of its costs and shall make
available, to the City Engineer, a daily summary of the hours and
classification of equipment and labor utilized on the disputed work, as well as
a summary of any materials or any specialized services which are used.
Such information shall be submitted to the City Engineer on a monthly basis,
receipt of which shall not be construed as an authorization for or acceptance
of the disputed work.
General Conditions 1400-31
8.0 PROJECT MODIFICATION PROCEDURES
8.1 Changes in Contract Price
Whenever corrections, alterations, or modifications of the work under this Contract
are ordered by the City Engineer and approved by the City and increase the amount
of work to be done, such added work shall be known as extra work; and when such
corrections, alterations, or modifications decrease the amount of work to be done,
such subtracted work shall be known as work omitted.
The difference in cost of the work affected by such change will be added to or
deducted from the amount of said Contract price, as the case may be, by a fair and
reasonable valuation, which shall be determined in one or more of the following ways
as directed by the City Engineer:
a. By unit prices subsequently fixed by agreement between the parties;
b. By an acceptable lump sum proposal from the Contractor; or
c. By Force Account (as described in Paragraph 1400-8.3, Force Account
Payment), when directed in writing and administered by the City through its
agents.
When required by the City Engineer, the Contractor shall submit, in the form
prescribed by the City Engineer, an itemized breakdown with supporting data of the
quantities and prices used in computing the value of any change that may be
ordered.
The City Engineer will review the Contractor's proposal for the change and negotiate
an equitable adjustment with the Contractor. After there is an agreement the City
Engineer will prepare and process the Change Order and make a recommendation
for action by the City. All Change Orders must be approved by the City in writing
before the work can be authorized and the Change Order executed.
The prices agreed upon and any agreed upon adjustment in Contract Time shall be
incorporated in the written order issued by the City, which shall be written so as to
indicate an acceptance on the part of the Contractor as evidenced by its signature.
By signature of the Change Order, the Contractor acknowledges that the
adjustments to cost and time contained in the Change Order are in full satisfaction
and accord, payment in full, and so waives any right to claim further cost and time
impacts at any time during and after completion of the Contract for the changes
encompassed by the Change Order.
General Conditions 1400-32
8.2 Negotiated Change Orders
Under the methods described in Paragraph 1400-8.1b and 8.1c above, the
Contractor shall submit substantiating documentation with an itemized breakdown
of Contractor and subcontractor direct costs, including labor, material, equipment
rentals, and approved services, pertaining to such ordered work in the form and
detail acceptable to the City Engineer. The direct costs shall include only the payroll
cost for workers and foremen, including wages, fringe benefits as established by
negotiated labor agreements or state prevailing wages, workers' compensation and
labor insurance, and labor taxes as established by law. No other fixed labor burdens
will be considered, unless approved in writing by the City Engineer; the cost of
materials used and equipment delivered and installed in such work as substantiated
by appropriate documents; the cost of construction machinery and equipment based
on fair rental or ownership values acceptable to the City Engineer as described in
Paragraph 1400-8.3, Force Account Payment; and the cost of incidentals directly
related to such work. The direct costs shall not include any labor or office costs
pertaining to the Contractor's managers or superintendents, his office and
engineering staff and office facilities, or anyone not directly employed on such work,
nor the cost of rental of small tools as all such indirect costs form a part of the
Contractor's overhead expense.
Under the method described in Paragraph 1400-8.1b and 8.1c the maximum
percentage which will be allowed for the Contractor's combined overhead and profit
will be:
a. For work by its own organization, the Contractor may add the following
percentages:
• Direct Labor 25 percent
• Materials 15 percent
• Equipment (owned or rented) 15 percent
b. For all such work done by subcontractors, such subcontractor may add the same
percentages as the Contractor as listed in (1) above to its actual net increase in
costs for combined overhead and profit and the Contractor may add up to ten
(10) percent of the subcontractor's total for its combined overhead and profit.
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 1400-33
When both additions and credits are involved in any one change, the combined
overhead and profit shall be figured on the basis of the net increase, if any, for each
area of work, i.e. direct labor, materials, equipment, and subcontractors. The amount
of credit to be allowed by the Contractor to the City for any such change which results
in a net decrease in cost will be the amount of the actual net decrease and a credit
in accordance with the markups allowed under the use of the method described in
Paragraph 1400-8.3, Force Account Payment. The Contractor shall not claim for
anticipated profits on work that may be omitted.
8.3 Force Account Payment
If either the amount of work or payment for a Change Order cannot be determined
or agreed upon beforehand, the City may direct by written Change Order or Field
Order that the work be done on a force account basis. The term "force account" shall
be understood to mean that payment for the work will be done on a time and expense
basis, that is, on an accounting of the Contractor's forces, materials, equipment, and
other items of cost as required and used to do the work. For the work performed,
payment will be made for the documented actual cost of the following:
a. Direct labor cost for workers, including foremen, who are directly assigned to the
force account work: Direct labor cost is the actual payroll cost, including wages,
fringe benefits as established by negotiated labor agreements or state prevailing
wages, workers' compensation and labor insurance, and labor taxes as
established by law. No other fixed labor burdens will be considered, unless
approved in writing by the City.
b. Material delivered and used on the designated work, including sales tax, if paid
for by the Contractor or its subcontractor.
c. Equipment rental, including necessary transportation for items having a value in
excess of One Thousand Dollars ($1,000.00).
d. Additional bond.
e. Additional insurance, other than labor insurance.
To the preceding costs, there shall be added the following fees for the Contractor,
subcontractor, or sub-subcontractor actually performing the work:
• 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.
General Conditions 1400-34
For work performed by a sub tier-subcontractor, the subcontractor may add to the
total of the actual costs and fixed fees allowed under the preceding paragraph an
additional fixed fee of five (5) percent of said total. No further compensation will be
allowed for the subcontractor's administration of the work performed by the sub tier-
subcontractor. The Contractor may add to the total of the actual costs and fixed fees
allowed under this paragraph an additional fixed fee of five (5) percent of said total.
No further compensation will be allowed for the Contractor's administration of the
work performed by the subcontractor.
The added fixed fees shall be considered to be full compensation, covering the cost
of general supervision, overhead, profit, and any other general expense. The above
fixed fees represent the maximum limits which will be allowed, and they include the
Contractor's and all subcontractors' indirect home office expenses and all costs for
cost proposal preparation and record keeping.
The City reserves the right to furnish such materials and equipment as it deems
expedient, and the Contractor shall have no claim for profit or added fees on the cost
of such materials and equipment.
For equipment under Item c above, rental or equivalent rental cost will be allowed
for only those days or hours during which the equipment is in actual use. Payment
shall be based on actual rental and transportation invoices but shall not exceed the
monthly rate in the Rental Rate Blue Book. Owner-operated equipment rates shall
not exceed the monthly rate in the Rental Rate Blue Book plus the labor costs as
provided in Item a. above. The rental cost allowed for equipment will, in all cases,
be understood to cover all fuel, supplies, repairs, ownership, and incidental costs
and no further allowances will be made for those items, unless specific agreement
to that effect is made. For Contractor owned equipment, the rental rate shall be as
listed for such equipment in the California Department of Transportation publication
entitled "Labor Surcharge and Equipment Rental Rates", which is in effect on the
date the work is accomplished. When equipment is not listed in said publication, a
suitable rental rate for such equipment will be established by the City Engineer.
Prior to the commencement of force account work, the Contractor shall notify the
City Engineer of its intent to begin work. Labor, equipment and materials furnished
on force account work shall be recorded daily by the Contractor upon report sheets
furnished by the City Engineer to the Contractor. The reports, if found to be correct,
shall be signed by both the Contractor and City Engineer, or inspector, and a copy
of which shall be furnished to the City Engineer no later than the working day
following the performance of said work. The daily report sheet shall thereafter be
considered the true record of force account work provided.
The Contractor shall maintain its records in such a manner as to provide a clear
distinction between the direct costs of work paid for on a force account basis and
the costs of other operations.
General Conditions 1400-35
To receive partial payments and final payment for force account work, the Contractor
shall submit, in a manner approved by the City Engineer, detailed and complete
documented verification of the Contractor's and any of its subcontractor's actual
costs involved in the force account pursuant to the pertinent Change Order or Field
Order. Such costs shall be submitted within thirty (30) days after said work has been
performed. No payments will be made for work billed and submitted to the City
Engineer after the thirty (30) day period has expired.
The force account invoice shall itemize the materials used and shall cover the direct
costs of labor and the charges for equipment rental, whether furnished by the
Contractor, subcontractor, or other forces. The invoice shall be in a form acceptable
to the City Engineer and shall provide names or identifications and classifications of
workers, the hourly rate of pay and hours worked, and also the size, type, and
identification number of equipment and hours operated. Material charges shall be
substantiated by valid copies of vendor's invoices.
When both additions and credits are involved in any one change, the combined
overhead and profit shall be figured on the basis of the net increase, if any. The
amount of credit to be allowed by the Contractor to the City for any such change
which results in a net decrease in cost will be the amount of the actual net decrease
and a credit in accordance with the markups allowed under the use of the method
described in this Paragraph. The Contractor shall not claim for anticipated profits on
work that may be omitted.
8.4 Time Extensions for Change Orders
If the Contractor requests a time extension for the extra work necessitated by a
proposed Change Order, the request must comply with the applicable requirements
within Section 2000, Special Provisions, Paragraph 4.3 Time Impact Analysis.
9.0 PAYMENT
9.1 Scope of Payment
9.1.1 General - The Contractor shall accept the compensation, as herein provided,
as full payment for furnishing all labor, materials, tools, equipment, and
incidentals necessary for completing the Work according to the Contract
Documents, and no additional compensation will be allowed therefor. Neither
the payment of any partial payment estimate nor of any retained percentage
shall relieve the Contractor of any obligation to make good any defective work
or material.
General Conditions 1400-36
9.1.2 Payment for Patents and Patent Infringement - All fees or claims for any
patented invention, article, or arrangement that may be used upon, or in, any
manner connected with the performance of the work or any part thereof shall
be included in the price bid for doing the work, and the Contractor and its
sureties shall defend, protect, and hold the City, its consultants, the City
Engineer, together with all their officers, agents, and employees harmless
against liability of any nature or kind for any and all costs, legal expenses,
and damages made for such fees or claims and against any and all suits and
claims brought or made by the holder of any invention or patent, or on account
of any patented or unpatented invention, process, article, or appliance
manufactured for or used in the performance of the Contract, including its use
by the City, unless otherwise specifically stipulated in the Contract. Before
final payment is made on the Contract, the Contractor shall furnish an affidavit
to the City regarding patent rights for the project. The affidavit shall state that
all fees and payments due as a result of the work incorporated into the project
or methods utilized during construction have been paid in full. The Contractor
shall certify in the affidavit that no other fees or claims exist for work in this
project.
9.1.3 Payment of Taxes - The Contractor shall pay and shall assume exclusive
liability for all taxes levied or assessed on or in connection with the
Contractor's performance of this Contract, including, but not limited to, State
and local sales and use taxes, Federal and State payroll taxes or
assessments, and excise taxes, and no separate allowance will be made
therefor, and all costs in connection therewith shall be included in the total
amount of the Contract price.
9.1.4 Payment for Labor and Materials - The Contractor shall pay and require its
subcontractors to pay any and all accounts for labor including worker's
compensation premiums, state unemployment and federal social security
payments and other wage and salary deductions required by law. The
Contractor also shall pay and cause its subcontractors to pay any and all
accounts for services, equipment, and materials used by the Contractor and
its subcontractors during the performance of work under this Contract. Such
accounts shall be paid as they become due and payable. If requested by the
City, the Contractor shall furnish proof of payment of such accounts to the
City.
9.2 Partial Payments
In consideration of the faithful performance of the work prosecuted in accordance
with the provisions of these Specifications and the Contract, the City will pay the
Contractor for all such work installed on the basis of percentage completion.
Payments will be made by the City to the Contractor on estimates duly certified and
approved by the City Engineer, based on the value of equipment installed and
tested, labor and materials incorporated into said permanent work by the Contractor
during the preceding month. Payments will not be made for temporary construction
unless specifically provided for in the Contract Documents.
General Conditions 1400-37
Partial payments will be made monthly based on work accomplished as of a day
mutually agreed to by the City and the Contractor.
The Contractor shall submit his estimate of the work completed during the prior
month and the work completed to date in a format corresponding to the accepted
cost breakdown. The City Engineer shall review the submitted estimate, and upon
approval, the Contractor may submit a detailed invoice for those amounts approved
by the City Engineer.
If requested, the Contractor shall provide such additional data as may be reasonably
required to support the partial payment request. If the City Engineer does not agree
with the Contractor's estimate of amount earned, the partial payment request will be
returned for revision. The City Engineer will be available to meet to discuss the
partial payment request prior to its re-submittal. When the Contractor's estimate of
amount earned conforms with the City Engineer's evaluation, the City Engineer will
calculate the amount due the Contractor, prepare the progress payment request for
signature by the Contractor, and submit the recommended progress payment
request for the City's approval and processing.
Payment will be made by the City to the Contractor in accordance with City's normal
accounts payable procedures; the City shall retain amounts in accordance with
Paragraph 1400-9.4, Right to Withhold Amounts.
No such estimate or payment shall be required to be made, when in the judgement
of the City Engineer, the Work is not proceeding in accordance with the provisions
of the Contract, or when in the City Engineer's judgement, the total value of the Work
done since the last estimate amounts to less than One Thousand Dollars
($1,000.00).
9.3 Partial Payments - Inclusion of Materials on Hand
No payment will be made for materials delivered to the site that are not yet
incorporated into the work.
9.4 Right to Withhold Amounts
9.4.1 Retention - The City will deduct from each partial payment and retain as part
security, five (5) percent of the amount earned until the final payment.
Pursuant to Public Contract Code Section 22300, for monies earned by the
Contractor and withheld by the City to ensure the performance of the
Contract, the Contractor, may, at his or her option, choose to substitute
securities meeting the requirements of said Section 22300. In the event the
Contractor desires to choose this option, the Contractor shall enter into an
escrow agreement with the City, and the escrow agent, a qualified bank to be
chosen by City, in the form of the contract included in the project
specifications. The costs of such escrow shall be paid by the Contractor. The
securities to be deposited in said escrow account shall be equivalent, in fair
market value, to the amount to be withheld as performance retention. The
securities shall be held in accordance with the provisions of Public Contract
Code Section 22300, and the implementing contract.
General Conditions 1400-38
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 or maintaining current "As-Built" record drawings.
g. The City's costs for the Contractor's failure to complete within the allowed
time.
h. Cost of insurance arranged by the City due to cancellation or reduction of
the Contractor's insurance.
i. Failure of the Contractor to make proper submissions, as herein specified.
j. Failure to submit, revise, resubmit, or otherwise conform to the
requirements herein for preparing and maintaining a construction
schedule.
k. Payments due the City from the Contractor.
l. Reduction of Contract Amount because of modifications.
m. The Contractor's neglect or unsatisfactory prosecution of the work
including failure to clean up.
General Conditions 1400-39
n. Provisions of law that enable or require the City to withhold such payments
in whole or in part.
When the above reasons for withhold amounts are removed, payment may
be made to the Contractor for amounts withheld. The City in its discretion may
apply any withheld amount or amounts to the payment of valid claims. In so
doing, the City shall be deemed the agent of the Contractor, and any payment
so made by the City shall be considered as a payment made under the
Contract by the City to the Contractor, and the City shall not be liable to the
Contractor for such payment made in good faith. Such payments may be
made without prior judicial determination of the claim or claims. The City will
render to the Contractor a proper accounting of such funds disbursed in
behalf of the Contractor.
9.5 Substantial Completion
When the Contractor considers that the Work is substantially complete, the
Contractor shall notify the City Engineer in writing. Upon receipt of the notification,
the City and/or its authorized representatives will make inspection, to determine if
the Work is sufficiently complete in accordance with the Contract Documents so the
City can occupy or utilize the Work for its intended use. If items are found which
prevent such use or occupancy, the City Engineer shall notify the Contractor in
writing of such items.
Upon the completion of such corrective work, the Contractor shall so notify the City
Engineer in writing. The City Engineer shall inspect the Work to determine its
acceptability for Substantial Completion and for determination of other items which
do not meet the terms of the Contract. Upon verification that the project is
substantially complete the City Engineer shall prepare a Certificate of Substantial
Completion. The Certificate shall establish the date of Substantial Completion and
the responsibilities of the City and Contractor for security, maintenance, heat,
utilities, damage to the Work and insurance, and shall fix the time, not to exceed 60
days, within which the Contractor shall finish all items on the punch list
accompanying the Certificate. When the preceding provisions have been approved
by both the City and the Contractor, they shall sign the Certificate to acknowledge
their written acceptance of the responsibilities assigned to them in such Certificate.
By such acknowledgment, the Contractor agrees to pay the City's actual costs
including, but not limited to, charges for engineering, inspection and administration
incurred due to the failure to complete the punch list within the time period provided
in the Certificate of Substantial Completion.
General Conditions 1400-40
9.6 Final Inspection and Payment
Upon completion of the Work, and upon completion of final cleaning, the Contractor
shall so notify the City Engineer in writing. Upon receipt of the notification, the City
and/or its authorized representatives, will make the final inspection, to determine the
actual status of the Work in accordance with the terms of the Contract. If materials,
equipment, or workmanship are found which do not meet the terms of the Contract,
the City Engineer shall prepare a punch list of such items and submit it to the
Contractor.
Following completion of the corrective work by the Contractor, the City Engineer
shall notify the City that the Work has been completed in accordance with the
Contract. Final determination of the acceptability of the Work shall be made by the
City. After completion of the work, but prior to its acceptance by the City, the last
partial payment will be made to the Contractor in accordance with Paragraph
1400-9.2, Partial Payments.
After receipt of the last partial payment, but prior to acceptance of the Work by the
City, the Contractor shall send a letter to the City Engineer. The letter, pursuant to
California Public Contract Code Section 7100, shall state that acceptance of the final
payment described below shall operate as and shall be, a release to the City, its
consultants, the City Engineer, and their duly authorized agents, from all claim of
and/or liability to the Contract arising by virtue of the Contract related to those
amounts. Disputed Contract claims in stated amounts previously filed as provided in
Paragraph 1400-7.3.2, Claims, may be specifically excluded by the Contractor from
the operation of the release. Following receipt of all required Submittals and the City
Engineer's written statement that construction is complete and recommendation that
the City accept the project, the City will take formal action on acceptance.
Within ten (10) days of the acceptance by the City of the completed work embraced
in the Contract, the City will cause to be recorded in the office of the County Recorder
a Notice of Completion.
After thirty-five (35) days after recording Notice of Completion of the work involved
in the Contract, the City will pay the Contractor in lawful money such sums of money
as may be due the Contractor including all sums retained but excluding such sums
as have previously been paid the Contractor. This payment will constitute the final
payment to the Contractor under this Contract.
General Conditions 1400-41
9.7 Warranty of Title
No material, supplies, or equipment for the work under this Contract shall be
purchased subject to any chattel mortgage, security agreement, or under a
conditional sale or other agreement by which an interest therein or any part thereof
is retained by the seller or supplier. The Contractor warrants good title to all material,
supplies, and equipment installed or incorporated in the work and agrees upon
completion of all work to deliver the premises, together with all improvements and
appurtenances constructed or placed thereon by the Contractor, free from any claim,
liens, security interest, or charges, and further agrees that neither the Contractor nor
any person, firm, or corporation furnishing any materials or labor for any work
covered by this Contract shall have any right to a lien upon the premises or any
improvement or appurtenances thereon.
END OF SECTION
Supplemental General Conditions 1500-1
SECTION 1500
SUPPLEMENTAL GENERAL CONDITIONS
1.0 CITY ENGINEER
The City Engineer for the City of La Quinta is:
Bryan McKinney, P.E.
Public Works Director/City Engineer
78-495 Calle Tampico
La Quinta, CA 92253
Phone: (760) 777-7045
2.0 CONSULTANTS
2.1 Design Engineer
Lorissa Gruehl, P.E.
NAI Consulting, Inc.
68-955 Adelina Road
Cathedral City, CA 92234
PHONE: (760) 323-5344
2.2 Materials Testing
Materials testing for this project will be provided by the City. The City inspector will notify
the Contractor when materials will be tested. However, testing may be random as
determined by City.
2.3 Survey
Not applicable. If survey is needed for this project it will be provided by the City.
The Contractor's requests for surveying shall be made to the Engineer a minimum of forty-
eight (48) hours prior to the time requested for said work. All requests for survey work shall
be approved by the City prior to issue of survey request.
If construction staking is provided and subsequently removed whether accidentally or
otherwise, or the contractor desires additional staking from the above sets, the Contractor
will be charged for re-staking at a fee of $245.00 per hour (4-hour minimum).
3.0 LIQUIDATED DAMAGES
It is agreed by the parties to the Contract that time is of the essence; and that in the case
all work is not completed before or upon the expiration of the time limit set forth within
Section 1300 Contract; Subsection 4, damage will be sustained by the City and it is,
therefore, agreed that the Contractor will pay to the City an amount of $3,000 per calendar
day minimum. The damages described above will be deducted from any money due the
Contractor under this Contract; the Contractor and his sureties shall be liable for any such
excess cost.
Supplemental General Conditions 1500-2
The Contractor shall not be deemed in breach of its Contract and no forfeiture due to delay
shall be made because of any delays in the completion of the work due to unforeseeable
causes beyond the control and without the fault or negligence of the Contractor, provided
the Contractor requests an extension of time in accordance with the procedures set forth in
Section 3 of the Standard Specifications. Unforeseeable causes of delay beyond the
control of the Contractor shall include acts of God, acts of a public enemy, acts of the
government, or acts of another contractor in the performance of a contract with the City,
fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, weather, or
delays caused by failure of the City or the owner of a utility to provide for removal or
relocation of existing utility facilities. Delays caused by actions or neglect of the Contractor,
its agents, employees, officers, subcontractors, or suppliers shall not be excusable.
Excusable delays (those beyond Contractor's control) shall not entitle the Contractor to any
additional compensation. The sole remedy of the Contractor shall be to seek an extension
of contract time.
4.0 SUBMITTALS
1. Definitions
A. Shop Drawings, Product Data and Samples: Instruments prepared and
submitted by Contractor, for Contractor’s benefit, to communicate to
Engineer the Contractor’s understanding of the design intent, for review
and comment by Engineer on the conformance of the submitted
information to the general intent of the design. Shop drawings, product
data and samples are not Contract Documents.
B. Shop Drawings: Drawings, diagrams, schedules and illustrations, with
related notes, specially prepared for the Work of the Contract, to
illustrate a portion of the Work.
C. Product Data: Standard published information (“catalog cuts”) and
specially prepared data for the Work of the Contract, including standard
illustrations, schedules, brochures, diagrams, performance charts,
instructions and other information to illustrate a portion of the Work.
D. Samples: Physical examples that demonstrate the materials, finishes,
features, workmanship and other characteristics of a portion of the
Work. Accepted samples shall serve as quality basis for evaluating the
Work.
E. Other Submittals: Technical data, test reports, calculations, surveys,
certifications, special warranties and guarantees, operation and
maintenance data, extra stock and other submitted information and
products shall also not be considered to Contract Documents but shall
be information from Contractor to Engineer to illustrate a potion of the
Work for confirmation of understanding of design intent.
Supplemental General Conditions 1500-3
2. Review of Submittals
A. Submittals shall be a communication aid between Contractor and the
Engineer by which interpretation of Contract Documents requirements
may be confirmed in advance of construction.
1. Reviews by Engineer and other design professionals shall be
only for general conformance with the design concept of the
Project and general compliance with the Drawings and
Specifications.
2. Engineer will review submittals as originally submitted and the
first resubmission. Costs for additional reviews shall be
reimbursed by Contractor to Owner by deductive Change Order.
3. All submittals shall be approved by the Engineer and/or City
prior to installation
3. Required Submittals (May include but are not limited to):
A. Traffic Control
B. Schedule
C. Concrete Mix Design
D. Truncated Dome Cut Sheet
E. Dowel
F. Material Certifications
G. Asphalt Mix Design
H. Slurry Mix Design
I. Crack Seal Mix Design
J. Striping / Pavement Markers
K. Sign Posts
L. Signs
M. Green Background
END OF SECTION
General Project Requirements 2000-1
SECTION 2000
DIVISION 2 - GENERAL PROJECT REQUIREMENTS
1.0 STANDARD SPECIFICATIONS
The "Standard Specifications" of the City of La Quinta are contained in the latest edition
of the Standard Specifications for Public Works Construction, including all supplements,
popularly known as the Green Book, as written and promulgated by the Joint Cooperative
Committee of the Southern California Chapter of the American Public Works Association
and the Southern California District of the Associated General Contractors of California.
Copies of the Standard Specifications are available from the publisher, Building News Inc.,
as follows:
Bookstore Locations: see website for Southern California locations
Website: www.bnibooks.com
The Standard Specifications shall prevail in all cases except where a Contract Document of
a higher order, as defined in Section 1400-1.2 Discrepancies and Omissions, provides a
different requirement on a given topic or topic aspect. All language in the Standard
Specifications that is not in conflict with the language in the prevailing Contract Documents
on a given topic or topic aspect shall remain in full force and effect, unless the language in
the prevailing Contract Document specifically cites the section number in the Standard
Specification and says said provision is in lieu that Standard Specification section.
1.1 Alternative Specifications – The Standard Specifications shall apply to this project
unless specifically referenced otherwise in the Contract Documents. Wherever
“State Standard Specifications” are referenced, it shall mean the Standard
Specifications, 2018, edition, published by the State of California Department of
Transportation, and wherever the “State Standard Plans” are referenced in the
Contract Documents, it shall mean the Standard Plans, 2018, edition, published by the
State of California Department of Transportation.
The Contractor may request bound copies of these documents from Caltrans at:
California Department of Transportation
Publication Distribution Unit
1900 Royal Oaks Drive
Sacramento, CA 95815-3800
(916) 263-0822, (916) 263-0865
Or, download these documents at no cost from the Caltrans website:
https://dot.ca.gov/programs/design/ccs-standard-plans-and-standard-specifications
Wherever the State Standard Specifications reference, Section 4-1.03d “Extra
Work,” it shall mean Paragraph 1400-7.0 Changes in the Scope of Work of
these project Specifications.
General Project Requirements 2000-2
2.0 STANDARD PLANS
The Standard Plans of the City of La Quinta adopted by the City Council on August 21,
2001, shall apply to this project unless specifically stated otherwise in the Contract
Documents.
2.1 Alternative Guidance
2.1.1 California Manual on Uniform Traffic Control Devices (CA MUTCD)
The Standard Plans shall apply to this project unless specifically referenced
otherwise in the Contract Documents. Wherever “CA MUTCD” is referenced, it shall
mean the 2014 edition of the California Manual on Uniform Traffic Control Devices,
published by the State of California.
The Contractor may download these documents at no cost from the Caltrans
website:
https://dot.ca.gov/programs/safety-programs/camutcd
2.1.2 California Building Code, Part 2 (CBC)
The Contractor may download these documents at no cost from the California
Building Standards Commission website:
https://www.dgs.ca.gov/BSC/Codes
2.1.3 California Electrical Code, Part 3 (CBC)
The Contractor may download these documents at no cost from the California
Building Standards Commission website:
https://www.dgs.ca.gov/BSC/Codes
3.0 PRE-CONSTRUCTION CONFERENCE
3.1 Attendees
The City and its consultants, and the Contractor and its superintendent, invited
subcontractors, and other concerned parties shall each be represented at the
conference by persons familiar with and authorized to conclude matters relating to
the work.
3.2 Agenda
The City Engineer will prepare an agenda for discussion of significant items relative
to contract requirements, procedures, coordination and construction.
4.0 PROGRESS SCHEDULES
4.1 General
Prior to commencing work, the Contractor shall provide a Construction Schedule
and Cash Flow Projection. During the course of construction, the Contractor shall
provide a Weekly Activities Plan.
General Project Requirements 2000-3
4.2 Construction Schedule
4.2.1 A milestone schedule shall be submitted concurrently with the execution of the
Contract in Section 1300. Contractor shall pay to City $500.00 liquidated damages
per calendar day that the Milestone Schedule is not provided.
4.2.2 The Contractor shall submit the milestone schedule based on major orders of work
and how they relate to traffic control and lane closures. The schedule shall be time
scaled and shall be drafted to show a continuous flow from left to right. The milestone
schedule shall clearly show the sequence of construction operations and specifically
list:
a. The anticipated schedule starting 15 days after the Notice of Award.
b. The start and completion dates of all major phases of work.
c. The dates of submittals, procurement, delivery, installation and completion of
each major equipment and material requirement.
d. Progress milestone events or other significant stages of completion.
e. The lead time required for starting construction.
f. The major impacts to traffic flow.
The detailed construction schedule shall be submitted within five (5) days of Notice
to Proceed and accepted by the City Engineer before the first partial payment can
be made.
4.2.2.1 The Contractor shall submit the detailed construction schedule based on the Critical
Path Method (CPM). The schedule shall indicate preceding activity relationships
and/or restraints where applicable and a controlling path shall be indicated. The
schedule shall be time scaled and shall be drafted to show a continuous flow from
left to right. The construction schedule shall clearly show the sequence of
construction operations and specifically list:
a. The start and completion dates of all work items.
b. The dates of submittals, procurement, delivery, installation and completion of
each major equipment and material requirement.
c. Progress milestone events or other significant stages of completion.
d. The lead time required for testing, inspection and other procedures required
prior to acceptance of the work.
Activities shall be no longer than 10 workdays, except for submittals and delivery
items. If an activity takes longer, it shall be broken into appropriate segments of
work for measurement of progress. This limitation may be waived, upon approval of
the City Engineer, for repetitious activities of longer durations for which progress
can be easily monitored.
4.2.2.2 Any activity that cannot be completed by its original completion date shall be
considered to be "behind schedule."
General Project Requirements 2000-4
4.2.2.3 At not less than monthly intervals and when requested by the City Engineer, the
Contractor shall submit a revised schedule for all work remaining. If, at any time,
the City Engineer considers the project completion date to be in jeopardy because
of activities "behind schedule," the Contractor shall submit additional schedules and
diagrams indicating how the Contractor intends to accomplish the remaining work
to meet the Contract completion date.
4.2.2.4 All change orders, regardless of origin, shall be reflected in the schedule.
4.3 Time Impact Analysis
4.3.1 When change orders are initiated, delays are experienced, or the Contractor desires
to revise the schedule logic, the Contractor shall submit to the City Engineer a written
Time Impact Analysis illustrating the influence of each change, delay, or Contractor
request on the current contract schedule completion date.
4.4 Weekly Activities Plan
On the last working day of every week the Contractor shall submit to the City
Engineer the Contractor's Plan of Activities for the following two weeks. The Plan of
Activities shall describe the activity and location of the activity.
4.5 Cash Flow Projection
A cash flow projection shall be submitted with the Construction Schedule. This cash
flow projection shall be revised and resubmitted when revisions of the Construction
Schedule will result in changes to the projected cash flow.
4.6 Lump Sum Price Breakdown
For work to be performed for a lump sum price, the Contractor shall submit a price
breakdown to the City Engineer prior to the first payment and within twenty (20)
calendar days after award of the Contract. The price breakdown, as agreed upon by
the Contractor and the City Engineer, shall be used for preparing future estimates
for partial payments to the Contractor, and shall list the major items of work with a
price fairly apportioned to each item.
Mobilization, overhead, bond, insurance, other general costs and profit shall be
prorated to each item so that the total of the prices for all items equal the lump sum
price. At the discretion of the City Engineer, mobilization, bond and insurance costs
may be provided for separately if accompanied by invoices to verify actual
expenses.
The price breakdown will be subject to the approval of the City Engineer, and upon
request, the Contractor shall substantiate the price for any or all items and provide
additional level of detail, including quantities of work. The price breakdown shall be
sufficiently detailed to permit its use by the City Engineer as one of the bases for
evaluating requests for payments. The City Engineer shall be the sole judge of the
adequacy of the price breakdown.
General Project Requirements 2000-5
5.0 SPECIAL CONTROLS
The Contractor shall take all reasonable means to minimize inconvenience and injury to the
public by dust, noise, diversion of storm water, or other operations under its control.
5.1 Dust Control
The Contractor at its expense shall take whatever steps, procedures, or means as
are required to comply with Section 3000-4.2 and prevent abnormal dust conditions
being caused by its operations in connection with the execution of the Work.
5.2 Noise Abatement
Operations shall be performed so as to minimize unnecessary noise. Special
measures shall be taken to suppress noise during night hours. Noise levels due to
construction activity shall not exceed the levels specified by local ordinance.
Internal combustion engines used on the Work shall be equipped with a muffler of a
type recommended by the manufacturer. No internal combustion engine shall be
operated without said muffler.
5.3 Working Hours
Construction operations and maintenance of equipment within one half mile of
human occupancy shall be performed only during the time periods as follows, unless
otherwise approved by the City:
Monday - Friday 8:00 AM to 5:30 P.M.
The Contractor shall be responsible for any inspection and additional administration
costs incurred by the City for work by the Contractor after the hours defined above
on weekdays, or any work on weekends or holidays recognized by the City. Such
costs shall be withheld from the succeeding monthly progress payment. Any work in
Section 3000, SPECIFIC PROJECT REQUIREMENTS, specifically required to be
performed outside the normal working hours are excluded from the provisions of this
paragraph.
5.4 Drainage Control
In all construction operations, care shall be taken not to disturb the existing drainage
pattern whenever possible. Particular care shall be taken not to direct drainage
water onto private property. Drainage water shall not be diverted to streets or
drainage ways inadequate for the increased flow. Drainage means shall be provided
to protect the Work and adjacent facilities from damage to water from the site or due
to altered drainage patterns from construction operations.
Contractor shall provide, 48 hours in advance of a significant forecast of any likely
precipitation rainfall event of 0.5 inches or more, a Rainfall Event Action Plan
(REAP) specific for that event which, when implemented, is designed to protect all
expose construction portions of the site.
Temporary provisions shall be made by the Contractor to insure the proper
functioning of gutters, storm drain inlets, drainage ditches, culverts, irrigation
ditches, and natural water courses.
General Project Requirements 2000-6
5.5 Construction Cleaning
The Contractor shall, at all times, keep property on which work is in progress and
the adjacent property free from accumulations of waste material or rubbish caused
by employees or by the work. All surplus material shall be removed from the site
immediately after completion of the work causing the surplus materials. Upon
completion of the construction, the Contractor shall remove all temporary structures,
rubbish, and waste materials resulting from his operations.
5.6 Disposal of Material
The Contractor shall make arrangements for disposing of materials outside the right-
of-way and the Contractor shall pay all costs involved. The Contractor shall first
obtain permission from the property owner on whose property the disposal is to be
made and absolve the City from any and all responsibility in connection with the
disposal of material on said property. When material is disposed of as above
provided, the Contractor shall conform to all required codes pertaining to grading,
hauling, and filling of earth.
5.7 Parking and Storage Areas
All stockpiled materials and parked equipment at the job site shall be located to
avoid interference with private property and to prevent hazards to the public.
Locations of stockpiles, parking areas, and equipment storage must be approved by
the City Engineer.
6.0 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS AND
PUBLIC
The Contractor shall be responsible for the protection of public and private property at and
adjacent to the Work and shall exercise due caution to avoid damage to such property,
persons, or public in general. Contractor shall install fencing, open trench signs, cones, or
other protective devices as directed by the City. Site protection shall be to the satisfaction
of the City Engineer.
The Contractor shall repair or replace all existing improvements within the
right-of-way, which are not designated for removal (e.g., electrical, lighting, curbs,
sidewalks, survey points, fences, walls, signs, utility installations, pavements,
structures, etc.) which are damaged or removed as a result of its operations.
Repairs and replacements shall be at least equal to existing improvements and shall
match them in finish and dimension.
Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or
injury. If damaged or removed because of the Contractor's operations, they shall be
restored or replaced in as nearly the original conditions and location as is reasonably
possible. Lawns shall be covered with sod seeded to the applicable season, to the
satisfaction of City.
The Contractor shall give reasonable notice to occupants or owners of adjacent property to
permit them to salvage or relocate plants, trees, fences, irrigation, sprinklers, and other
improvements within the right-of-way which are designated for removal and would be
destroyed because of the work.
General Project Requirements 2000-7
7.0 EXISTING UTILITIES
7.1 General
Some existing utilities are shown on the drawings; however, the Contractor is
responsible to verify exact location of all utilities prior to the start of construction.
Pursuant to Government Code Section 4216, et. seq., the Contractor shall notify the
appropriate required notification center. The notification center for La Quinta can be
reached by contacting UNDERGROUND SERVICE ALERT (USA) at 1-800-422-
4133 or dial 811. USA member utilities will provide the Contractor with the precise
locations of their substructures in the construction area when the Contractor gives at
least 48 hours of notice.
7.2 Notification and Location
At least two (2) working days before performing any excavation work, the Contractor
shall request the utility owners to mark or otherwise indicate the location of their
service.
It shall be the Contractor's responsibility to determine the exact location and depth of
all utilities, including service connections, which have been marked by the
respective owners and which he believes may affect or be affected by his
operations. If no pay item is provided in the Contract for this work, full compensation
for such work shall be considered as included in the prices bid for other items of
work.
The Contractor shall notify the following agencies at least 48 hours in advance of
excavating around any of their structures. The following utility companies provide
service to the La Quinta area and can be contacted via the USA telephone number
or the number list below.
1. Southern California Gas Company, (909) 335-7851
2. Imperial Irrigation District, (760) 398-5823
3. Frontier Communications, (760) 778-3621
4. Coachella Valley Water District, (760) 398-2651
5. Spectrum, (760) 674-5451
7.3 Damage and Protection
The Contractor shall immediately notify the City Engineer and utility owner of any
damage to a utility.
7.4 Utility Relocation and Rearrangement
The right is reserved to the City and the owners of utilities or their authorized agents
to enter upon the Work area for the purpose of making such changes as are
necessary for the rearrangement of their facilities or for making necessary
connections or repairs to their properties. The Contractor shall cooperate with forces
engaged in such work and shall conduct his operations in such a manner as to avoid
any unnecessary delay or hindrance to the work being performed by such forces
and shall allow the respective utilities time to relocate their facility.
General Project Requirements 2000-8
The Contractor assumes responsibility for the removal, relocation, or protection of
existing facilities wherein said facilities are identified by the Plans, field located by a
utility company, or as provided for in the General Requirements. The Contractor
shall coordinate with the owner of utility facilities for the rearrangement of said
facilities.
In the event that underground utilities are found that are not shown in the Contract
Documents or are found to exist in a different location than shown in the Contract
Documents, the Contractor shall: (1) notify the City Engineer of the existence of said
facilities immediately; and (2) take steps to ascertain the exact location of all
underground facilities prior to doing work that may damage such facilities.
Requests for extensions of time arising out of utility rearrangement delays shall be
determined by City Engineer. In accordance with Government Code Section 4215
the Contractor shall not be assessed liquidated damages for delay in completion of
the project, when such delay is caused by the failure of the City or utility company to
provide for the removal or relocation of facilities for which they are the responsible
party as defined in Paragraph 2000-7.3, Damage and Protection.
Where it is determined by the City Engineer that the rearrangement of an
underground main, the existence of which is not shown on the Plans, Specifications,
or in the General Requirements, is essential in order to accommodate the
contemplated improvement, the City Engineer will provide for the rearrangement of
such facility by other forces or by the Contractor in accordance with the provisions of
Paragraph 1400-7.1, Change Orders.
When the General Requirements, Specifications, or Plans indicate that a utility is to
be relocated, altered or constructed by others, the City will conduct all negotiations
with the utility company and the work will be done at no cost to the Contractor.
Temporary or permanent relocation or alteration of utilities desired by the Contractor
for its own convenience shall be the Contractor's responsibility and it shall make
arrangements and bear all costs.
7.5 Underground Facilities
The Contractor is responsible for coordinating all project documentation, including
but not necessarily limited to, the Contract Documents and existing record drawings
for the determination of the location of all underground facilities.
The Contractor shall exercise care in all excavations to avoid damage to existing
underground facilities. This shall include potholing or hand digging in those areas
where underground facilities are known to exist until they have been sufficiently
located to avoid damage to the facilities.
Prior to fabrication, the Contractor shall verify the location and elevations of existing
underground facilities, which the Contractor is connecting to.
No additional compensation shall be provided the Contractor for compliance with the
provisions of this section or for the damage and repair of facilities due to the lack of
such care.
General Project Requirements 2000-9
The California Public Utilities Commission mandates that, in the interest of public
safety, main line gas valves be maintained in a manner to be readily accessible and
in good operating condition. The Contractor shall notify The Gas Company's
Headquarters Planning Office at least 2 working days prior to the start of
construction.
END OF SECTION
Special Provisions 3000-1
SECTION 3000
DIVISION 3 SPECIAL PROVISIONS
1.0 GENERAL
1.1 Scope of Services
It shall be the contractor’s responsibility to provide and furnish all materials, tools,
labor and incidentals to complete the work as outlined in the Project Description and
as shown in the Project Specifications and Contract Bid Documents for Project No.
2023-16, FY23/24 Pavement Management Plan.
It shall be the Contractor’s responsibility to thoroughly review the project area,
familiarize himself with the scope of proposed work and submit the proposal for the
work accordingly.
1.2 Project Description
The project consists of furnishing and applying slurry seal on select streets within
the City of La Quinta. These streets include, Avenida Ramirez, Avenida Vallejo,
Avenida Herrera, Avenida Velasco, Avenue 60, and Eisenhower Drive. The
proposed work includes, but is not limited to, weed removal, header cuts, application
of crack sealant, removal of existing striping, application of Type II Latex Emulsion
Aggregate Slurry Seal, and re-striping slurried streets. All project work and incidental
items to complete the project shall be performed in accordance with the plans,
specifications, and other provisions of the contract. All the above improvements are
to be constructed in a workmanlike manner, leaving the entire project in a neat and
presentable condition. Refer to Section 4000 for more information.
1.3 Project Plans
The area of work is shown on the attached plans titled “Project No. 2023-16,
FY23/24 Pavement Management Plan.” The plan set consists of twenty (20)
sheets.
Contractor shall examine all maps, lists and these specifications, in a manner to be
fully cognizant of all work required, and all existing conditions. Bidders are required
to visit the site and verify existing conditions. Make adjustments and allowances for
all necessary equipment to complete all parts of the required work.
1.4 Drawings of Record
Provide and keep up-to-date, a complete record set of blue line prints. Correct
these prints daily and show every change from the original drawings. Keep this set
of prints on the job site and use only as a record set.
Do not construe this as authorization to make changes in the layout without definite
instruction in each case. Incorporate all changes as noted on the record set of prints
thereon with black ink in a neat, legible, understandable and professional manner.
Deliver this set to the City upon completion and acceptance of work.
Special Provisions 3000-2
1.5 Cooperation with Other Contractors
Section 7-7 of the Standard Specifications is amended by the addition of the
following provisions:
Should the Contractor foresee any interference or believe project delays or
problems might occur due to any action of any other contractor, or if the Contractor
determines his own work may cause a delay to the work of the other contractors, the
Contractor shall bring this to the attention of the Engineer as soon as possible so
that the potential problems or delays may be worked out before problems arise. It is
the intention of these Specifications that the Contractor shall cooperate as needed
to affect this purpose, and shall be prepared to make short delays, to redeploy its
work force to other parts of the work or project, to temporarily reschedule work, and
take other reasonable actions to minimize interference and maximize cooperation
with all other parties working within the project area.
If the Contractor maintains that he is unable to reasonably cooperate with others,
then the Contractor shall be prepared to verify to the satisfaction of the Engineer
that there are no reasonable actions which he could take to cooperate with others,
and that if he did, such actions would cause serious financial harm or unreasonable
delay to the Contractor. If the Engineer finds that such evidence is unsatisfactory,
the Engineer may order the Contractor to take whatever reasonable actions the
Engineer determines are necessary to provide the needed cooperation in order to
meet the intent of these Specifications.
The contractor shall have no claim for extra compensation for any delay or costs if
his work is held up, delayed or interrupted by the City’s having to order cooperative
work measures or schedule priorities as outlined above. An extension of contract
time shall be the only compensation granted.
1.6 Time Allowed for Construction
In accordance with the provisions of Paragraph 1400-6.2, Time of Completion, this
project shall be completed within 35 working days from the date specified in the
Notice to Proceed.
2.0 BID ITEMS
The bid items presented in the bidders schedule are intended to indicate major
categories of the work for purposes of comparative bid analysis and payment
breakdown for monthly progress payments. Bid items are not intended to be
exclusive descriptions of work categories. The Contractor shall determine and
include in its pricing, all materials, labor, and equipment necessary to complete each
bid item associated appurtenant work.
Those items for which there is no estimated quantity and/or specific pay item shall
be completed in workmanship like manner to the satisfaction of the City Engineer.
Work that is specified for which there is no bid item shall be considered incidental to
work associated with bid items; therefore, the payment for these items shall be
considered included in the various items of work for which a specific bid item has
been provided.
Special Provisions 3000-3
The bid items shown in the bidder’s schedule with "F" designates a final pay
quantity. Quantity of any bid item in excess of the final pay quantity shown on the
bidder's schedule estimated by the City Engineer will not be paid for. The final pay
quantity can only be adjusted to reflect any change orders, extra work, or additional
work authorized by the City Engineer.
3.0 MATERIALS
3.1 General
Whenever a material, article or piece of equipment is identified on the drawings or
specified by reference to brand name or catalog number, it shall be understood that
this is referenced for the purpose of defining the performance or other salient
requirements and that other products of equal capacities, quality and function shall
be considered.
3.2 Substitutions
The Contractor may recommend the substitution of a material, article, or piece of
equipment of equal substance and function for those referred to in the Contract
Documents by reference to the brand name or catalog number and, if in the opinion
of the City Engineer, such material, article, or piece of equipment is of equal
substance and function to that specified, the City Engineer may approve its
substitution and use by the Contractor. Any cost differential shall be deductible from
the Contract Price and the Contract Documents shall be appropriately modified by
Change Order. The Contractor warrants that if substitutes are approved, no major
changes in the function or general design of the project will result. Incidental
changes or extra component parts required to accommodate substitute will be made
by the Contractor without a change in the Contract Price or Contract time.
3.3 Storage
Materials and equipment shall be so stored as not to create a public nuisance and to
insure the preservation of their quality and fitness for the work.
4.0 WORK DETAILS
4.1 Traffic Control
The Contractor shall provide a traffic control plan, signed by a PE or TE, for
acceptance by the City no later than five (5) working days after issuance of the
Notice of Award. Subsequently, comments and corrections shall be returned to the
Contractor within ten (10) working days. The traffic control plan shall conform to the
following requirements listed in this section:
Traffic controls, including but not limited to, vehicular and pedestrian traffic controls,
maintenance of vehicular and pedestrian access, detours, and street closures shall
be in accordance with Subsection 7-10 of the latest edition of the “Standard
Specifications for Public Works Construction,” including all its subsequent
amendments and the latest edition of the “Work Area Traffic Control Handbook.”
Special Provisions 3000-4
In the event of conflict, the Special Provisions shall take precedence over the 2014
CAMUTCD. The 2014 CAMUTCD shall take precedence over the plans, and the
plans shall take precedence over the “Standard Specifications.”
Traffic control and the traffic plan shall conform to the following:
a. The traffic control plan shall indicate the traffic control requirements
for the different types of work to be performed. The Contractor shall
be responsible for the preparation of plans as necessary for specific
items of work. These plans shall be approved by the City Engineer
prior to the Contractor commencing any work.
b. All traffic controls and safety devices, equipment and materials,
including but not limited to, cones, delineators, flashing warning lights,
barricades, high level warning devices (flag trees), flags, signs,
makers, portable barriers, flashing arrow signs, electronic changeable
message signs and markings shall be provided and maintained in “like
new” condition.
c. The Contractor shall furnish and properly install, construct, erect, use,
and continuously inspect and maintain, twenty-four (24) hours per
day, seven (7) days a week, all said devices, equipment and materials
and all temporary and permanent pedestrian and driving surfaces as
necessary to provide for the safety and convenience of, and to
properly warn, guide, control, regulate, channelize, and protect the
vehicular traffic, pedestrian traffic, project workers, and the public
throughout the entire limits of the work activity and beyond said limits
as necessary to include area affecting or affected by the work, from
the start of work to the completion of the work.
d. High-level warning devices (flag trees) are required at all times for any
work being performed within the roadway unless otherwise specifically
authorized by the City Engineer.
e. All barricades shall be equipped with flashing warning lights, and all
traffic cones shall be no less than twenty-eight (28) inches in height,
except that shorter cones, twelve (12) inches high or higher, may be
used during striping maintenance operations where the only function
of the cones is to protect the wet paint from the traffic.
f. Portable Changeable Message Signs (PCMS) are required for this
project. A minimum of one (1) PCMS is required in each direction
in advance of each work area as identified by the City. They shall
be placed two (2) weeks in advance of the start of work and
maintained throughout the construction window. Total count is
dependent on Contractor’s proposed staging plan. A PCMS can
be reused at a different location once the work is complete in
that stage.
Special Provisions 3000-5
g. Except as otherwise directed, as shown in the approved traffic control
plan, and/or authorized by the City Engineer, two-way vehicular traffic
shall be maintained at all times within a minimum of two, 12-foot-wide
lanes. At no time shall the Contractor be allowed to reduce the
traveled way to one-way vehicular traffic.
No reduction of the traveled way width shall be permitted between the
hours of 8:30 a.m. and 3:30 p.m., unless otherwise shown in the
approved traffic control plans, or prior authorization to do so is granted
by the City Engineer. No lane closures shall be permitted or allowed
on any City street before 8:30 a.m. and after 3:30 p.m., unless
otherwise shown in the approved traffic control plans, or unless
authorization to do so is granted by the City Engineer. No reduction of
traveled way width shall be permitted on any City street before 8:30
a.m. or after 3:30 p.m., on weekends or holidays, or when active work
is not being done, unless otherwise shown in the approved traffic
control plans, or unless prior authorization to do so is granted by the
City Engineer.
Except as shown in the approved traffic control plans, if traffic lanes
are not kept open for public use on the days, at the times, and in the
manner specified, damage will be sustained by the City and its
residents. Since it is and will be impracticable to determine the
actual damage which the City and its residents will sustain by
reason of Contractor’s failure to comply with the special
provisions outlined herein, the City and Contractor agree that
Contractor will pay to the City the sum of $200 per hour for each
and every hour that any traffic lane is not kept open for public
use as required by these special provisions, not as a penalty, but
as predetermined liquidated damages. The Contractor agrees to
pay such liquidated damages as are provided for in this paragraph,
and in case the same are not paid, Contractor agrees that City may
deduct the amount of such liquidated damages from any money that is
due or that may be due the Contractor under the contract.
h. Access to vacant unused property may be restricted at the Engineer’s
discretion. Both vehicular and pedestrian access shall be maintained
at all times to all other property except as otherwise specifically
authorized in writing by the City Engineer.
i. Any traffic control and safety devices and equipment being used
which becomes damaged, destroyed, faded, soiled, misplaced, worn
out, inoperative, lost, or stolen shall be promptly repaired, refurbished
and/or replaced, and any traffic control and safety devices and
equipment being used which are displaced or not in an upright
position from any cause, shall be properly returned or restored to their
proper position.
Special Provisions 3000-6
j. Any obstructed view of all signs and warning devices including but not
limited to stop signs, stop ahead signs, street name signs, and other
regulatory, warning and construction signs, markers, and warning
devices shall be maintained at all times. No trucks or other equipment
or materials shall be stopped, parked, or otherwise placed so as to
obscure said signs, markers and devices from the view of vehicular
and/or pedestrian traffic to which it applies.
k. When entering or leaving roadways carrying public traffic, the
Contractor’s equipment, whether empty or loaded, shall yield to said
public traffic at all times, except where the traffic is being controlled by
police officers, fire officers or traffic signalized intersections.
l. Stockpiling and/or storage of materials on any public right-of-way or
parking areas will not be allowed without specific permission of the
City Engineer. Materials spilled on or along said right-of-way or
parking areas shall be kept in a safe, neat, clean, and orderly fashion,
and shall be restored to equal or better than original condition upon
completion of the work.
m. When work has been completed on a particular street or has been
suspended or rescheduled, and said street is to be opened to
vehicular traffic, all equipment, “NO PARKING” signs, other
obstruction, and necessary traffic control devices and equipment shall
be promptly removed from that street except as otherwise authorized
or directed by the City Engineer.
n. Should the Contractor be neglectful, negligent, or refuse, fail, or
otherwise be unavailable to promptly, satisfactorily, and fully comply
with the provisions specified and referred to herein above, the City
reserves the right to correct and/or mitigate any situation, which in the
sole opinion of the City’s Engineer constitutes a serious deficiency
and/or serious case of noncompliance, by any means at its disposal at
the Contractor’s and/or permittee’s expense, and will deduct the cost
therefore from the Contractor’s progress and/or final payments. Such
corrective action taken by the City shall not reduce or abrogate the
Contractor’s legal obligations and liability for proper traffic control and
safety measures and shall not serve to transfer said obligations and
liabilities from the Contractor to the City or the City’s agents.
o. Violations of any of the above provisions and/or provisions of the
referenced publications, unless promptly and completely corrected to
the satisfaction of the City Engineer, shall, at the sole discretion of the
City, be grounds for termination of the Contract, or shutdown or partial
shutdown of the work, without compensation to the Contractor and/or
permittee, or liability to the City, all as prescribed by contractual
obligation or State law, whichever is applicable.
Special Provisions 3000-7
p. The Contract item “Traffic Control” shall include labor lights,
barricades, signs, materials, fencing, and equipment necessary to
ensure that the vehicular traffic conforms to requirements as set forth
in this section and as shown on the drawings.
q. The compensation for furnishing, placing, maintaining and removing
traffic cones, telescoping tree flags, advance warning signs, electronic
changeable message signs, barricades, temporary striping, and other
safety devices as required for public safety or as directed by the City
Engineer, shall be considered full compensation for all labor and
materials for complying with these requirements, and no additional
compensation will be made therefore.
4.2 Dust Control
The Contractor must comply with the City of La Quinta’s Municipal Code, Chapter
6.16, “Fugitive Dust Control” Ordinance. Dust generated by traffic, Contractor’s
operations, or wind are all included in the definition of dust. The Contractor will be
responsible for watering the work area where dust is generated from traffic,
contractor’s operations and wind. Contractor’s area of operations includes areas
outside of roadbed or trench limits where excavation, fill, or stockpiling of dirt or
debris has taken place. The Contractor is responsible for monitoring all of the
above-described areas in the project area during the life of the project, including
holidays and weekends.
The Contractor shall prepare for review and approval by the City, the required
PM-10 plan. The plan shall be prepared in accordance with South Coast Air Quality
Management District guidelines. The Contractor shall have a designated person
Certified by the SCAQMD to prepare the PM-10 plan and oversee the approved
dust control measures. Dust control shall include, but is not limited to the
following:
1) Maintain dust control at all times by watering, including developing a
water supply, and furnishing and placing all water required for work done
in the contract.
2) Provide means to prevent track out onto public streets.
3) Provide street sweeping of material tracked onto public streets.
4.3 Water
The Contractor shall make arrangements with the Coachella Valley Water District to
obtain water from designated fire hydrants at or near the project for use in dust
control. It shall be the responsibility of the contractor to pay for the water and any
deposits required. The cost to furnish and apply water shall be included in the unit
prices for the various items bid and no additional payment will be allowed therefore.
Special Provisions 3000-8
4.4 Permits, Licenses and Inspection Fees
The Contractor shall obtain and pay for all costs incurred for permits, licenses and
inspection fees required by other agencies because his operations. Prior to starting
any work, the Contractor shall be required to have a City of La Quinta Business
License for the life of the contract; his subcontractors shall also have Business
Licenses for the time they are engaged in work. The Contractor will also be
required to obtain a no-cost encroachment permit from the City of La Quinta.
4.5 Air Contaminants
The Contractor shall not discharge smoke, dust or any other air contaminants into
the atmosphere in such quantity as will violate the regulations of any legally
constituted authority.
4.6 Notification
The Contractor shall notify the City, local authorities, and utility companies, of his
intent to begin work at least five days before work is to begin. The Contractor shall
cooperate with local authorities relative to handling traffic through the area including
coordinating with trash collection, school bus schedules, public transportation and
emergency activities.
Three days before work is to begin, the Contractor shall provide written notice
of intent to begin work to all adjacent properties, per Section 4000. The written
notice will be approved by the City prior to issuance and shall include at least
the following information: brief description of the improvements, the name,
address and phone number of the Contractor, and the date and time work is to
begin and finish. Contractor shall update and repost the information in the
event the work is rescheduled.
END OF SECTION
Technical Specifications 4000-1
SECTION 4000
DIVISION 4 - TECHNICAL SPECIFICATIONS
1.0 GENERAL REQUIREMENTS
The Standard Specifications as defined in Section 2000 shall govern the work for this
project. All language in the Standard Specifications shall remain in full force and effect,
unless the language in the prevailing Contract Document specifically cites the section
number in the Standard Specification and says said provision is in lieu of that Standard
Specification section.
The project drawings and details are considered as part of these specifications, and any
work or materials shown on the drawings and not mentioned in the specifications, or via
versa, are executed as if specifically mentioned in both.
2.0 MOBILIZATION (BID ITEM No. 1)
Mobilization shall conform to the provisions in Section 7-3.4, “Mobilization” of the
Standard Specifications. Mobilization includes expenditures for all preparatory work and
operations, including but not limited to, those costs necessary for the movement of
personnel, equipment, supplies, and incidental to the project site; for the establishment
of all facilities necessary for work on the project; and for all other work and operations
which must be performed or costs incurred prior to beginning work on the various contract
items on the project site as well as the related demobilization costs anticipated at the
completion of the project.
MOBILIZATION shall be paid for at the Contract Lump Sum Price as shown on the Bid
Schedule. Fifty percent (50%) of the lump sum price will be paid upon successful move
in and completion of mobilization. The remaining fifty percent (50%) shall be paid after
the contractor is completely demobilized and all project sites have satisfactorily been
restored and the project cleanup is completed.
3.0 TRAFFIC CONTROL (BID ITEM No. 2)
Traffic Control shall comply with Standard Specifications Section 600 and modified by
Section 3000-4.1 and these special provisions.
The Contractor may request to perform night work for striping at their own expense. The
City has the right to deny the request.
Contractor must maintain access to all single-entry developments.
Two-way traffic shall be maintained at all times. If two-way traffic cannot be
maintained, the Contractor shall provide flaggers at no additional cost to the City.
The work site must be opened at the end work day to two-day traffic.
Technical Specifications 4000-2
The application of slurry shall be applied in a manner and schedule that the slurry
will be cured and open to traffic by 4:00 p.m. as specified on sheet 4000-16.
Residential and collector streets to be slurried shall be closed from the time application
begins until the Contractor and the City determines the mixture has achieved sufficient
set to be opened to traffic. For arterial streets, at least one lane of traffic in each direction
shall remain open to through traffic during application of the slurry.
At least fourteen (14) days prior to commencing the project, the Contractor shall submit
a tentative sealing schedule to the City Engineer for review and approval. This Schedule
shall allow ample on-street parking within a reasonable distance from homes and
businesses for people affected by the slurry work on the streets. At no time is the slurry
application to begin until the City Engineer has approved the sealing schedule and notified
the Contractor of such approval.
The Contractor shall submit a confirmed schedule to the City Engineer for approval at
least 5 days prior to sealing the street.
Requests for changes in the schedule shall be submitted by the Contractor to the City
Engineer for approval at least 72 hours prior to the scheduled slurry of the streets
involved.
The Contractor will be responsible for the notification of local residents and
commercial operators on streets scheduled to receive a slurry seal. Said
notification shall be accomplished by distributing individual notices to each
occupied residential and commercial property no more than 72 hours prior and no
less than 48 hours prior to the scheduled application time. The notification shall
provide the date and time the work is to begin and finish, the name, address and
phone number of the Contractor, and a brief description of the work to be
completed. The proposed notice shall be submitted with the tentative sealing
schedule for review and approval by the City Engineer before distribution.
Temporary “No Parking” signs shall be posted on Type I barricades (minimum) at
least 48 hours, but no more than 72 hours, in advance of the work. The signs shall
be placed no more than 150 feet apart on each side of the street and at shorter
intervals if conditions warrant. The Contractor shall provide the signs and will be
responsible for adding the dates and hours of closure to the signs, removal of the
signs, and furnishing and placing of barricades, if necessary, for posting of the
signs. All signs shall be removed by the Contractor within 48 hours after the
effective date.
The Contractor will be responsible for providing the City with a GIS style, PDF map
of slurry / AC work and staging per City sample (included in Appendix C).
Technical Specifications 4000-3
The Contractor will be responsible for barricading of the work area and controlling of traffic
in the vicinity of the project in accordance with the Standard Specifications and these
Contract Specifications. Any damages to the uncured slurry will be the responsibility of
the Contractor. Adequate methods of traffic control shall be provided to protect the slurry
seal from damage by traffic until the mixture has cured sufficiently so the slurry seal will
not adhere to and be picked up by the tires of vehicles. Any tracking of slurry seal on
private property will be the responsibility of the Contractor to correct or clean in a manner
approved by the City Engineer or his authorized representative.
The placement of temporary self-adhesive, clean and visible reflectorized day/night
markers will be required on all streets with existing striping. The cost of placing the
temporary striping tabs shall be included in the various contract bid items and no
additional compensation will be allowed therefore. The spacing of the temporary
reflectorized day/night markers shall be 24’ O.C. and shall be completely removed after
completion of 1st coat of striping and to satisfaction of City.
TRAFFIC CONTROL shall be paid for at the Contract Lump Sum Price as shown on the
Bid Schedule. Monthly payments will be made on a pro-rata basis.
4.0 DUST CONTROL (NO BID ITEM)
Dust Control shall comply with Section 3000-4.2.
Payment for compliance with the DUST CONTROL shall be considered as included in
other items of work and no additional compensation will be allowed therefore.
4.1 Water Quality Management Plan (No Bid Item)
4.1.1 Water Quality Management Plan
Contractors shall comply with the 2014 Whitewater Region Water Quality
Management Plan (WQMP)
Contractor shall be responsible for installing post-construction BMPs as specified
per the approved site specific WQMP.
4.1.2 Payment
Payment for compliance with the WATER QUALITY MANAGEMENT PLAN
shall be considered as included in other items of work and no additional
compensation will be allowed therefore.
5.0 CLEARING AND GRUBBING (NO BID ITEM)
Clearing and Grubbing shall conform to the provisions in Section 300-1, “Clearing and
Grubbing”, of the Standard Specifications and these Special Provisions:
Contractor shall field verify existing grades and shall accept site as is, for no other grading
shall be performed by the City.
Technical Specifications 4000-4
300-1.3 Removal and Disposal of Materials
300-1.3.1 General [Add the following]:
All materials removed shall be disposed of in a legal manner at an appropriate Disposal
Site.
300-1.3.2 Requirements. [Add the following]:
(d) Miscellaneous
In addition to the work outlined in Subsection 300-1 of the Standard Specifications,
the following items of work are included under Clearing and Grubbing unless
otherwise covered by a specific bid item.
(1) Provide all necessary water for construction activities. The contractor shall
make arrangements with CVWD to obtain construction water meter(s). The
cost of the water meters shall be included in the cost of related items.
(2) Removal of structures, as directed by Engineer to be removed or
abandoned.
(3) Protection of utilities, trees, fences, gates, curbs, gutters, adjacent
pavement, walls, greens and other facilities within the construction zone,
except those shown on the plans and those specifically directed by the
Engineer to be removed or relocated.
(4) Clearing and removal of debris from the site of work. This includes removal
and legal disposal of structural items, non-structural items, existing fences,
gates, signs, and posts including the associated footings/foundations.
(5) Verification of existing locations and elevations as shown on the plans or
directed by the Engineer.
(6) Provide for the replacement of trees, plants, and hardscape of the same
kind, to the satisfaction of the City whether indicated on the plans or not.
(7) This item shall also be interpreted to include the removal or relocation of
any additional items in conflict with the proposed work not specifically
mentioned herein or covered by specific bid item as directed in the field by
the Engineer, which may be found within the work limits whether shown or
not shown on the plans to be removed or relocated.
300-1.4 Payment. [Add the following]:
Payment for Clearing and Grubbing shall be considered as included in other items of
work and no additional compensation will be allowed therefore.
No payment will be made to the Contractor for Clearing and Grubbing outside the stated
limits, unless such work is authorized in writing by the CITY.
6.0 UNCLASSIFIED EXCAVATION (NO BID ITEM)
Unclassified Excavation shall conform to the provisions in Section 300-2, “Unclassified
Excavation,” Section 401, “Removal,” of the Standard Specifications and these Special
Provisions:
Technical Specifications 4000-5
300-2.1 General. [Add the following]
Unclassified Excavation shall include excavating, loading, stockpiling, hauling, and
disposing of surplus material and or aggregate base to the subgrade depth indicated on
the plans or as directed by the Engineer. Saw cutting and removal of existing asphalt
concrete pavement, excavation, fills, and compaction, to complete the roadway section,
shall be included in this item of work.
The areas and quantities shown on the plans or specifications are given only for the
Contractor's aid in planning the work and/or preparing bids. The Engineer shall designate
the limits to be removed and these designated areas shall be considered to take
precedence over the areas shown on the plans. No guarantee is made that areas or
quantities shown will equal the areas or quantities designated by the Engineer.
300-2.6 Surplus Material. [Add the following]:
All surplus materials shall be disposed of in a legal manner at the Contractor's expense.
300-2.9 Payment. [Replace with the following]:
Unclassified Excavation shall be incidental to other removal and construction activities
included with the project and no additional compensation will be allowed therefore.
7.0 EXISTING CONCRETE PAVEMENT REMOVAL (ADDITIVE ALT. 2)
Existing Concrete Pavement Removal shall conform to the provisions in Section 401,
“Removal,” of the Standard Specifications and these Special Provisions:
Existing concrete pavement removal shall include sawcutting, excavating, loading,
stockpiling, hauling, and disposing of existing concrete sidewalks and driveways as
indicated on the plans or as directed by the Engineer. Sawcutting and removal of existing
concrete pavement shall be included in this item of work. Removals shall be to the nearest
joint as shown on the plans or as directed by the Engineer.
Removal of existing sidewalk and street pavers shall be made with straight lines in order
to allow infill of concrete. Record drawings show sidewalk pavers to be 2-3/8” over 1”
sand over 4” compacted aggregate base. Street pavers to be 3-1/8” over 1” sand over 6”
compacted aggregate base.
401-7 Payment. [Add the following]:
Sawcut, Remove, and Dispose of Existing Concrete Sidewalk, Ramp, and Cross-
Gutter shall be measured and paid for at the contract unit price bid per Square Foot and
shall include full compensation for all labor, materials, tools, and equipment and for doing
all work involved in sawcutting, excavating, loading, stockpiling, hauling, and disposing of
existing concrete pavement material and no additional compensation will be allowed
therefore.
8.0 COLD MILLING AC PAVEMENT (BID ITEM Nos. 4-5)
Cold milling of asphalt concrete pavement shall be in accordance with Section 302-5.2 of
the Standard Specifications for Public Works Construction and as modified by these
Special Provisions.
Technical Specifications 4000-6
Cold milling of asphalt concrete pavement shall be to the lines shown on the plans,
incorporated exhibits or detail drawings, or as directed by the engineer, and shall comply
with the construction methods set forth in Section 302-5.2 of the Standard Specifications
for Public Works Construction.
Where there is shoving of the existing asphalt and the surface is not uniform, the
Contractor shall cold mill the existing asphalt down 2” from the adjacent uniform surface.
The shoving and uneven surface should be removed.
An area that is cold-milled may not have traffic running on it for more than 24 hours
or liquidated damages will be assessed. All cuts (transverse header cuts or
longitudinal cuts) that create a difference in height of a riding surface of 1.0 inches
or greater, that will be open to public traffic, shall be ramped at 4:1 (length: height)
or flatter.
Small and mini-grinding equipment may be used, if necessary, to access all existing
asphalt concrete areas within the required cold mill limits as shown on the plans and shall
be approved by the Engineer.
Residue from cold milling shall be immediately removed from the roadbed by sweeping,
and shall not be permitted to flow into the gutters or other drainage facilities.
2” Cold Milling Asphalt Concrete Pavement shall be measured and paid for under
Pavement Repair Type I and Type II per Square Foot and shall include full
compensation for all labor, materials, tools, and equipment and for doing all work involved
in grinding (cold-milling), excavating, loading, stockpiling, hauling, and disposing of
existing pavement material to the depth specified and no additional compensation will be
allowed therefore.
9.0 EXISTING BITUMINOUS PAVEMENT REMOVAL (BID ITEM No. 6)
Existing Bituminous Pavement Removal shall conform to the provisions in Section 300-1
“Clearing and Grubbing”, of the Standard Specifications and these Special Provisions:
Existing bituminous pavement removal shall include sawcutting, grinding, excavating,
loading, stockpiling, hauling, and disposing of existing bituminous pavement material to
the depth indicated on the plans or as directed by the Engineer. Grinding (or cold milling)
and removal of existing bituminous concrete pavement shall be included in this item of
work.
300-1.3.2 (a) “Bituminous Pavement" shall be amend as follows:
Removal of bituminous pavement shall be made to a sawcut at the designated lines of
removal shown on the Plans or as designated by the Engineer. Location of sawcut and
width of existing pavement to be removed shall be as shown on the plans or as
determined by the Engineer in the field. Payment for sawcutting shall be included in the
compensation paid for the pavement removal and no additional compensation will be
allowed. Minimum laying depth of new pavement material shall be 0.10 foot at join lines.
Technical Specifications 4000-7
The areas and quantities shown on the plans or specifications are given only for the
Contractor's aid in planning the work and/or preparing bids. The Engineer shall designate
the limits to be removed and these designated areas shall be considered to take
precedence over the areas shown on the plans. No guarantee is made that areas or
quantities shown will equal the areas or quantities designated by the Engineer. Spalled
or loose blocks of pavement and pavement cracks wider than 3/8 inch will be deemed
justification for extending or adding to the removal and replacement of asphalt concrete
pavement.
The areas indicated for full depth removal and replacement shall be excavated to
the full depth of the proposed asphalt pavement section, regardless of thickness.
The City does not have complete boring data. No warranty is given or implied as to the
thickness, or to the amount of material which may result from the removal of the street
pavement. If the Contractor wishes to personally check the existing pavement thickness,
the City Engineer’s office will cooperate by issuing the necessary encroachment permit
upon application by the Contractor.
300-1.4 Payment. [Add the following]:
Pavement Repair Type III: Remove Existing AC, Compact Existing Base, and
Variable Overlay (Depth Per Plan) shall be measured and paid for at the contract unit
price bid per Square Foot and shall include full compensation for all labor, materials,
tools, and equipment and for doing all work involved in sawcutting, excavating, loading,
stockpiling, hauling, and disposing of existing pavement material to the depth specified
and no additional compensation will be allowed therefore.
10.0 GRADING AND SUBGRADE PREPARATION (NO BID ITEM)
Preparation of the pavement subgrade shall conform to the provisions of Section 301-1
of the Standard Specifications and these Special Provisions.
301-1.3 Relative Compaction. [Replace with the following]:
Relative compaction shall be modified to require 95% relative compaction of the top 12"
of the subgrade in lieu of the 90% allowed under base material, including removal of
aggregate base or subgrade to required depth.
301-1.7 Payment. [Replace with the following]:
Compensation for subgrade preparation shall be deemed to be included in the bid price
of other items, and no additional compensation will be allowed.
11.0 CONCRETE AND MASONRY CONSTRUCTION (ADDITIVE ALT. 2)
Concrete construction shall conform to Section 201 “Concrete Mortar, and Related
Material” and Section 303, “Concrete and Masonry Construction”, of the Standard
Specifications and these Special Provisions.
Curing compound shall be in accordance with the City of La Quinta Standard Plan
Number 200.
Technical Specifications 4000-8
Preparation of existing native subgrade in areas where Portland Cement Concrete
improvement will be constructed shall conform with Section 301-1, “Subgrade
Preparation”, of the Standard Specifications.
Concrete inspections shall be made with three separate actions per section 1400
unless otherwise waived by the City: subgrade preparation; forming; and pouring.
201-1 PORTLAND CEMENT CONCRETE
201-1.1 Requirements
201-1.1.2 Concrete Specified by Class (Add the following:)
Construction Class Slump
Sidewalks, curbs and gutters, driveways, local depressions 560-C-3250 3”
Concrete surrounding manhole, cleanouts, and vault frames. 560-C-3250 4"
201-1.2 Materials
201-1.2.1 Portland Cement (Delete the first paragraph and add the following:)
The cement to be used or furnished shall be Type V Portland Cement conforming to
ASTM C150, unless otherwise specified.
11.1 Concrete Curb, Gutter, Cross Gutter, & Sidewalk
Concrete Curb, Gutter, Curb Transition, Sidewalk, Ribbon Gutter, and Curb Ramp shall
conform to the provisions in Section 303-5, of the Standard Specifications and these
Special Provisions.
303-5.1.1 General. [Add the following paragraph]:
Concrete curbs, walks, gutters and access ramps shall conform to the Standard
Specifications as modified herein.
Immediately after finishing operations are completed, Type II clear concrete curing
compound shall be applied at the rate of one gallon per 150 square feet.
All pull boxes, water meter boxes, valve boxes and other utilities indicated on the plans
shall be adjusted to the proposed finish grade and approved by the City prior to the
placement of concrete.
303-5.5.3 Walk. [Add the following]:
Concrete sidewalk, cross gutters and access ramps shall have a medium broom finish.
The handicap ramp constructed within the curb return shall conform with City Standard
250, American’s with Disabilities Act (ADA) Provisions, and as indicated on the Plans.
The handicap ramp shall be constructed above native subgrade, scarified to a depth of
six-inches (6") and compacted to 90% minimum relative compaction, and as required by
the Standard Specifications.
The actual finish surface of the handicap ramp shall be medium broom finish. The ramp
shall match, as appropriate, the curb & gutter, and shall provide minimum and maximum
cross-slopes from the back of curb to the sidewalk, as required by the appropriate
Standards and Specifications.
The grooved border shall not be placed on the ramps.
Technical Specifications 4000-9
303-5.5.4 Gutter. [Add the following]:
Prior to acceptance of the curb and gutter constructed by the Contractor, a flow test shall
be conducted by the Contractor in the presence of the Engineer. Any new work found to
be defective shall be repaired or replaced by the Contractor in accordance with
Subsection 303-5.7 of the Standard Specifications.
303-5.9 Measurement and Payment. [Add the following to this section]:
Payment for Construct Sidewalk per City of La Quinta STD 240 shall be at the contract
unit bid price per Square Foot and shall include full compensation for providing this item
of work, complete in place, including required hand work, and no additional compensation
will be allowed.
Sidewalks shall be measured for payment from the back of curb to the back of the
sidewalk. The width of the curb shall not be measure for payment for sidewalks.
Sidewalk shall include the adjustment of any traffic signal pull boxes, including the
replacement of traffic signal pull boxes if necessary.
Payment for Construct Concrete Curb Ramp per City of La Quinta STD 250, Case A
shall be at the contract bid price per Each and shall include full compensation for
providing this item of work, complete in place, including required hand work, and no
additional compensation will be allowed. The ramp pay item shall include the truncated
domes, the portion of the ramp within the sloped transitions, and the curb and gutter as
shown per plan. The limits are from BCR to ECR.
The Contractor shall furnish and install truncated domes at the location shown in the
plans. All dome panels shall be yellow in color. The domes shall conform to the City
of La Quinta Standard Details Number 250 Mod. All panels shall be wet-set concrete tiles.
Glue down mats will not be allowed.
12.0 ASPHALT CONCRETE (BID ITEM No. 4-6)
203-6 ASPHALT CONCRETE
203-6.1 General. [Add the following to the end of the subsection]:
Asphalt concrete shall conform to the provisions of Subsection 200-1.2, "Rock Products,"
and Subsection 302-5, "Asphalt Concrete Pavement".
The viscosity grade of paving asphalt shall be PG 70-10. The following aggregate
size shall be used.
Asphalt Base Course 3/4" Max. Medium – 2” Total Thickness
Finish Course 1/2" Max. Medium – 1.5” Total Thickness
The Contractor shall submit final asphalt mix designs to the Agency for review prior to
paving.
Asphalt Concrete Pavement
1. Asphalt concrete material shall conform to PG 70-10, as specified in Section 203-
6, “Asphalt Concrete”, of the Standard Specifications.
Technical Specifications 4000-10
2. Distribution, spreading, rolling, and compaction of asphalt concrete pavement shall
conform to requirements as specified in Section 302-5, “Asphalt Concrete
Pavement”, of the Standard Specifications.
3. Diesel fuel shall not be used to coat the beds of delivery trucks. If diesel fuel is
detected on any load the entire load will be rejected.
4. Asphalt concrete surface course shall be placed in two (2) lifts, and compacted to
the thickness shown in the Plans.
5. No roller shall be permitted to stand motionless on any portion of the work before
it has been properly compacted. Upon completion, the pavement shall be true to
grade and cross-section. When a 10-foot straightedge is laid on the finished
surface, the surface shall not vary from the edge of the straightedge more than ¼-
inch.
302-5.5 Distribution and Spreading. [Add the following, including new Subsection
302-5.4.1.]:
A minimum of two courses shall be laid for all asphalt concrete pavements of three inches
or thicker. Both the base and finish course shall be machine placed.
12.3 Saw cutting
Existing asphalt concrete pavement that is to match proposed asphalt concrete
surfacing shall be sawcut to a neat vertical face. A minimum two feet (2') sawcut
shall be provided along all existing pavement edges. Existing asphalt concrete
pavement that is unsound, as determined by the City Inspector or City Engineer
shall be removed to limits as required.
Payment for saw cutting is included in the cost of associated items and no
additional payment will be made therefore.
12.4 Asphalt Tack Coat
302-5.4 Tack Coat (replace with the following)
Prior to paving over against asphalt concrete, the surface shall be cleaned,
cracks shall be sealed as shown below, and the surface shall have a tack coat
of SS-1h emulsion at a rate of 0.10 gallon per square yard applied. The surface
shall be free of water, foreign material, or dust, when the tact coat is applied. To
minimize public inconvenience, no greater area shall be treated in any one day
than is planned to be covered by asphalt concrete during the same day unless
otherwise authorized by the Engineer.
A similar tack coat shall be applied to the surface of any course, if the surface is
such that a satisfactory bond cannot be obtained between it and a succeeding
course.
The contact surfaces of all cold pavement joints, curbs, gutters, manholes, shall
be painted with grade SS-1h emulsified asphalt immediately before the adjoining
asphalt concrete is placed.
Prior to placing the tack coat, any cracks greater than 1/8” shall be cleaned
and treated with weed killer and filled with crack filler (GuardTop or
approved equal). Cracks are to be filled to match existing surface.
Technical Specifications 4000-11
Cracks 1 inch in width and wider shall be filled with compacted pea-gravel
and SS grade asphaltic emulsion or hot mix asphalt concrete as directed
by the Engineer so that the sealant does not exceed 1 inch in depth.
Payment for crack sealing, and tack coating shall be included with the A.
C. paving bid item going over it.
12.5 Patching and Repair
1. Damaged, faulty, or nonconforming asphalt concrete pavement surfaces shall be
completely removed. New asphalt concrete pavement surfacing shall be placed
and compacted to the minimum thickness required, and to smoothly join the
adjacent finished surfaces.
2. Patching with thin overlays will not be permitted unless authorized by the CITY.
12.6 Maintenance and Protection
1. After an area has been released to the Contractor he shall assume complete
responsibility for maintenance and protection responsibilities without the written
authorization of the CITY.
2. All surfaces, structures, manholes, gratings, etc., damaged after the areas have
been released to Contractor, whether such damage was caused by the
Contractor or other contractors working on the site, shall be repaired by the
Contractor at no additional cost to the City, unless the maintenance and
protection responsibilities of the Contractor has been waived in writing by the
CITY.
3. Damaged areas of pavement shall immediately be repaired to protect the
subgrade from surface waters.
4. The pavement thickness specified will not support repeated loading from heavy
construction equipment.
12.7 Warranty
The Contractor shall furnish an unqualified warrantee stating, in writing, that he
will, at no additional cost to the City, repair or replace all bituminous pavement
and aggregate base in any areas that become defective within a period of one
year after completion and acceptance of the work by the City.
12.8 Measurement and Payment. [Add the following]:
The contract Unit price paid per Square Foot for Pavement Repair Type I, Type
II, and Type III includes full compensation for furnishing all labor, materials, tools,
equipment, and incidentals, and for doing all the work involved in cold planing,
crack sealing, and placing concrete asphalt overlay, complete in place, including
disposing and hauling of planed material and all cost for tack coat(s) applied to
all edges and between layers of asphalt concrete overlay, as shown on the plans,
as specified in the Standard Specifications and these special provisions, and as
directed by the engineer, and no additional compensation will be allowed
therefore.
Technical Specifications 4000-12
The contract Unit price paid per Square Foot for Construct 5”-6” Asphalt
Concrete Over Recompacted Existing Base (Additive Alt. 2) includes full
compensation for furnishing all labor, materials, tools, equipment, and
incidentals, and for doing all the work involved in constructing and placing
Asphalt Concrete Pavement, complete in place, including hauling and scarifying,
as shown on the plans, as specified in the Standard Specifications and these
special provisions, and as directed by the engineer, and no additional
compensation will be allowed therefore.
13.0 EMULSION AGGREGATE SLURRY SEAL (BID ITEM No. 3)
Slurry seal shall be performed in accordance with Subsections 203-5 and 302-4,
“Emulsion-Aggregate Slurry,” of the Standard Specifications, and the following
Provisions. The type of slurry aggregate used shall be the type designated in the Bid.
Modify the following - Subsection 203-5.2, “Materials” of the Standard Specifications;
Admixtures, such as Portland Cement or aluminum sulfate may be mixed into the slurry
material to adjust the curing time such that the applied slurry can support vehicular traffic
within 60 minutes.
Use of slag shall not be permitted.
Deliveries of aggregate and emulsion shall not be made without the engineer present.
Emulsion is not to be transferred to an on-site storage tanker without the sieve test
performed by the City.
Asphalt emulsion shall be a QUICKSET ANIONIC OR CATIONIC EMULSIFIED
ASPHALT conforming to the requirements of Subsection 203-1.3, “Test Reports and
Certification,” and Subsection 203-3.2, “Testing Requirements” of the Standard
Specifications.
The latex additive shall be Ultra Pave 70 (for anionic) or Ultra Pave 65 K (for cationic) or
an approved equal. The latex shall be added at the emulsion plant after weighing the
asphalt and before the addition of mixing water. The latex shall be added at a rate of two
to two-and-one-half (2 to 2½) parts to one-hundred (100) parts of emulsion by volume.
The grading of the combined aggregate and the percentage of emulsified asphalt shall
conform to the requirements of TYPE II as specified in Subsection 203-5.3, of the
Standard Specifications.
Modify the first paragraph of Subsection 203-5.4, “Mix Design,” of the Standard
Specifications to include the following:
The Contractor shall submit a Mix Design for approval within fourteen (14) working days
after “Notice of Award” is issued. The Contractor will receive a “Notice to Proceed with
Construction” only after the Mix Design is approved. The Contractor shall provide
materials for verification of the Mix Design. Periodically throughout the project, at the
direction of the City Engineer, the City’s Consultant will perform further testing as
necessary to provide assurance of the Mix Design. The cost of the initial Mix Design
testing and periodical testing will be borne by the City.
Technical Specifications 4000-13
If the Contractor changes sources of material, i.e. aggregate and/or oil, a new Mix Design
shall be resubmitted. The cost of all Mix Design retest and testing as a result of changes
to the Mix Design shall be borne by the Contractor, and the amount due to the City for
said retesting will be deducted from the Contractor’s Progress Payments.
Modify the second paragraph of Subsection 203-5.4, “Mix Design,” of Standard
Specifications to read as follows”
The Contractor shall allow ten (10) days prior to start of work for calibration and
testing at a location designated by the Engineer. The City’s testing laboratory will
obtain field samples at the time of calibration for Extraction Test (ASTM D 2172),
Consistency Test, Wet Track Abrasion Test (ASTM D 3910), a verification of the 60-
minute set time previously specified. When the City’s testing laboratory has
determined that the field samples meet the requirements stipulated in these
Specifications, the Engineer will notify the Contractor to start work.
In the event that the product does not meet Specification, another testing and
calibration date shall be set ten (10) day prior to the start of work for a complete
retest of the product at the expense of the Contractor.
Modify the following Subsection 302-4.2.2, “Continuous-Flow Mixers,” of the Standard
Specifications to read as follows:
All slurry mixing machines shall be equipped with a Fines Feeder for the adding of cement
or granular Aluminum Sulfate.
Per Subsection 302-4.6.4, “Aggregate Application Rate,” Table 302-4.6.4.1 of the
Standard Specifications, the application rates are per the following:
Slurry Seal Min. Max.
Type I 8 lbs/yd2 10 lbs/yd2
Type II 12 lbs/yd2 15 lbs/yd2
Add the following to Subsection 302-4.3.1, “General” of the Standard Specifications:
The Contractor shall have two slurry trucks or machines and at least one additional mixer
as a backup.
Prior to the beginning of slurry operations, the Contractor shall furnish, at no cost to the
City, current licensed weigh master’s certificates indicating the net weight capacity of the
aggregate bin.
The Contractor shall provide a drive upon scale at the project site or an alternate site
approved by the City. The drive on scale shall show the net weight of the aggregate bin
on each slurry machine before the machine and product will be approved for applying
slurry on the project.
Technical Specifications 4000-14
All slurry machines are to carry, at all times, a calibrated emulsion measuring stick. The
emulsion measuring stick is to be calibrated in 10-gallon increments to the slurry machine
it is used on. Emulsion measuring sticks from other slurry machines will not be allowed
to measure the gallons of emulsions on the slurry machines they were not calibrated to.
The emulsion measuring stick is to have the slurry machine number or identification
permanently marked on the stick. The gallons of emulsion are to be measured with a
calibrated emulsion measuring stick and recorded before leaving and after returning to
materials site. Use of a slurry machine will not be allowed if it does not have a calibrated
emulsion measuring stick.
The Contractor shall furnish prior commencing work, a calibrated stick in 10-gallon
increments to measure the oil in the trailer storage tanks in gallons. The measuring
stick shall be calibrated to the trailer storage tank it is used on. The inspector shall
check the oil in each load “in and out” and in the storage tanks at the beginning
and end of each day to determine the amount of emulsion used for that day.
Emulsion is not to be transferred from delivery tank to on-site storage tank before
the City performs the sieve analysis on the emulsion. Aggregate used in the slurry
shall not exceed a moisture content of four percent (4%) by weight of dry
aggregate.
Contractor may not schedule more than 150 tons of slurry to be placed per day. Slurry
may not be applied at more than 150 feet per minute.
The Contractor shall provide a self-propelled 10-ton pneumatic roller with a tire
pressure of 50 PSI and equipped with a water spray system. The Contractor shall
roll the required streets the same day they are slurried. The Contractor will be
responsible for proper scheduling of the work such that the rolling can be properly done
within the given time constraint. Failure to comply shall result in a $250.00/calendar
day liquidated damage being assessed per incident. The cost of furnishing the roller
and operator shall be included in the price paid for slurry seal.
Prior to storing aggregate on private property, the Contractor shall submit to the Engineer
written permission from the property owner for such stockpiling.
Precautions shall be taken to ensure that stockpiles do not become contaminated with
oversized rock, clay, silt, or excessive amounts of moisture. The stockpiles shall be kept
in areas that drain readily. Segregation of the aggregate will not be permitted.
The stockpile areas shall be thoroughly cleaned of all excess material and left in a neat,
orderly appearance upon completion of slurry operations in any area.
The Contactor shall protect the wet slurry from traffic at all times and if damaged or
defaced, the Contractor shall repair said damage at no additional cost to the City.
The placement of slurry seal may be suspended with the concurrence of the Engineer
due to unsuitable weather, temperature conditions, or other conditions that are
considered unfavorable for the prosecution of the work. The Contractor shall immediately
comply with the order of suspension by the Engineer, and work shall not be resumed until
authorized by the Engineer.
Technical Specifications 4000-15
If work cannot resume on the same day to completion as scheduled, then this work
shall be rescheduled in one to two weeks and the residents/businesses notified
that the work will not be done as scheduled and re-notified of new work day
promptly. All “NO PARKING” signs must be promptly removed. No more than two
(2) rescheduled streets shall be scheduled for the same day and they shall be the
first order of work for that day.
The days during which the suspension of work is in effect due to unsuitable weather shall
not be considered working days and the date of completion shall be extended to allow for
work and notification.
In the event of a suspension of work, the Contractor shall remove all barricades,
equipment and “No Parking” signs (if appropriate) upon the curing of the completed
portion of slurry.
No adjustment of unit prices of any items shall be allowed due to a suspension of work
as described above.
Replace the first and second paragraphs of Subsection 302-4.3.2, “Spreading,” of the
Standard Specifications with the following:
Prior to applying slurry seal, the Contractor shall clean, to the satisfaction of the
Engineer, the street surface with a power sweeper, remove all R.P.M.’s, abrasive
grind completely all lane lines, street legends, crosswalks or other painted or
thermoplastic surfaces. This is necessary to provide a good bonding surface for the
slurry seal, as well as eliminate “ghosting” of the old striping and markings as the new
slurry wears off over time.
Prior to applying slurry seal the Contractor shall remove any and all weeds that are
growing through cracks from the project street located within the pavement or
growing between the concrete gutter and the pavement and spray a herbicide
mixture of either Hyvar mixed with Roundup or Pramatol mixed with Roundup, or
approved equal, at least fourteen (14) calendar days prior to slurrying. The
herbicide mixture shall contain Blazon, or approved equal, a purple dye to easily
confirm the herbicide has been applied. The work shall be approved by the
Engineer or his representative prior to slurrying. Full compensation for plant
removal and herbicide treatment shall be considered as included in the unit cost
for slurry seal.
Prior to applying slurry seal, all pavement cracks greater than or equal to 3/8” width
shall be cleaned with a heat lance and sealed with Crafco Polyflex Type lll crack
sealant or approved equal per Subsection 201-3.7 “Type ‘D’ Joint Sealant (Hot-
Poured Rubber-Asphalt Joint Sealant).“
Technical Specifications 4000-16
Cracks greater than or equal to 1 1/2" width shall be cleaned, heated with a heat
lance, and filled with Crafco Mastic One or approved equal per Subsection 201-3.7
Type “D” Joint Sealant (Hot-Poured Rubber-Asphalt Joint Sealant. Mastic One is
applied in layers with a cooling and solidifying time period between applications.
Cracks deeper than 2 1/2" shall be installed in layers not exceeding 2 1/2" thick.
The final layer should shall be between 1/2” – 1” thick. Immediately after
application, lightly float with pre-heated Crafco Ironing Wand to level and smooth
the repaired surface.
The Contractor should take note that not all the streets within the limits need crack
treatment. It is the responsibility of the Contractor to perform a field review to determine
which streets require the crack treatment. Cracks shall be cleaned for the entire crack
depth using sandblasting, brushing and hot air blowing techniques, as required to provide
a crack free from all debris, dust, loose material and moisture. Gauging or plowing may
be required to remove incompressible material deep in the crack. The clean crack shall
be filled with sealant, from the bottom up to surface level, in a manner which does not
result in sealant bridging or entrapped air pockets. With deep cracks, settlement of
sealant may occur, thus requiring application of a second layer of sealant material.
Cracks or voids 1 inch in width and wider shall be filled with compacted pea-gravel
and SS grade asphaltic emulsion or hot mix asphalt concrete as directed by the
Engineer so that the sealant does not exceed 1 inch in depth. Where cracks already
have sealant, Contractor shall inspect the quality and repair as necessary as directed by
the Engineer. Repair shall include removing the material and re-applying.
No slurry seal material may be placed until after the crack seal material has been
in place for a minimum of two (2) full calendar days. Crack sealant shall be applied
with a wand such that excess material is not remaining at the crack surface after sealing.
Immediately remove crack treatment material that is spilled or deposited on the pavement
surface.
Before opening to traffic, apply sand or the manufacturer's recommended
detackifying agent to tacky crack treatment material on the traveled way. Sweep up
excess sand before opening to traffic. Payment for crack sealing shall be included unit
price bid per square foot for Emulsion Aggregate Slurry Seal.
It is anticipated that nuisance water, such as storm water runoff and irrigation water, will
run in and across the right-of-way at various time throughout the period of construction.
It shall be the responsibility of the Contractor to provide for and protect the work from
such water. In addition, the Contactor’s responsibility shall include handling nuisance
waters such that their operations do not cause them to damage existing improvements or
properties adjacent to or near the site of work. No additional compensation will be allowed
for control of nuisance water.
The application of slurry shall not commence until after 8:00 a.m. and shall
conclude at 1:30 p.m. unless other authorized by the Engineer. The slurry shall be
sufficiently cured to be open to traffic by 4:00 p.m. The portions of streets to be
slurried shall be closed from the time the application begins until the mixture as
achieved sufficient set to be opened to traffic.
Technical Specifications 4000-17
The slurry shall be applied in such a manner that no ripples or waves exist. If ripples or
waves occur in the slurry during the application, the work shall cease and the Contractor
shall correct the situation. The Contractor may use a drag to knock down ridges. If ripples
or waves are not corrected to the Engineer’s satisfaction, the street shall be re-slurried at
the Contractor’s expense.
The Contractor shall, at the direction of the Engineer, repair or re-slurry the entire
street, as determined by the Engineer, which has not been sealed properly and/or
completely, including areas that have failed to meet yield and mix design
specifications. No compensation will be provided for slurry seal used in repair and
reseal work.
Add the following to the third paragraph of the Subsection 302-4.3.2, “Spreading” of the
Standard Specifications:
Each slurry crew shall be composed, at a minimum, of a coordinator at the project
site at all times, a competent quick-set mixing man, a competent driver, two
squeegee men, and sufficient laborers for any handiwork and cleanup.
Surface oil and grease shall be removed or sealed with shellac or an equivalent
material approved by the City before the application of the slurry seal. Full
compensation for surface oil and grease removal shall be considered as included
in the unit cost for slurry seal.
During slurry seal operations, it shall be the Contractor’s responsibility to place
protective covering over, or to otherwise avoid slurry seal coating of manholes,
utility covers, concrete gutters, concrete cross gutters, and drainage facilities,
survey monuments and remove said covering and/or slurry seal coating after slurry
sealing has been completed.
The Contractor shall remove all striping and legends prior to application of the
slurry seal and then replace per the striping provisions section. Removals shall be
to satisfaction of City. Contractor to tie out legends, stop bars, and lane
lines/striping on adjacent curb prior to removals and to satisfaction of City.
Contractor shall sweep up immediately following striping removals and prior to
relocating to next location.
The Contractor shall roll all streets. Full compensation for rolling the slurry shall
be considered as include in the unit cost for slurry seal. Rolling shall be to
satisfaction of City.
The start and finish of slurry application shall be a straight line which, unless otherwise
approved by the Engineer, shall be obtained by laying a strip of building paper or other
material approved by the Engineer on the pavement surface. After application of slurry,
the paper is to be removed leaving a straight edge. The entire street surface area shall
be sealed the same day.
The Contractor is hereby advised that City streets, parking lots, or other City-approved
property will not be allowed as a site for stockpiling and batching. Arrangements for an
acceptable site shall be the sole responsibility of the Contractor.
Technical Specifications 4000-18
The Contractor shall sweep any raveled material on the street one (1) week after the initial
placement. If the Engineer determines the raveling is excessive, the frequency of
sweeping shall be adjusted to the field conditions of the raveling. If raveling continues
within two (2) weeks of the initial placement, the street shall be swept and re-slurried Type
II at no cost to the City. Raveling can be identified by the presence of “black pebbles” in
the gutter.
Full compensation for developing a water supply, for furnishing and placing all water
required for work done in the Contract, including extra work shall be included in the prices
paid for the various items of work requiring water; and no separate payment will be made
therefore. The Contractor shall supply the City with licensed weighmaster’s certificates
of weight for all delivered aggregates to the job during the course of each day. Aggregate
shall be delivered to the project only in the presence of a City representative. The
Contractor shall also present weighmaster certificates for the amount of such aggregate
remaining at the completion of the project at no cost to the City.
Payment shall be determined by the amount that is physically placed, which cannot
exceed the amount that is delivered to the job site with the certified weighmaster tickets.
There shall be no outside work done utilizing materials from the tanks or stockpiles stored
for the City’s Contract.
13.1 Emulsion Aggregate Slurry Seal Measurement and Payment
Type II, Latex Emulsion Aggregate Slurry will be measured for payment by the Square
Foot of area slurry sealed. Payment for slurry seal includes full compensation for
constructing the slurry seal, complete in place, including testing for and furnishing the mix
design, cleaning the surface, removing existing striping, crack sealing, protecting utilities,
furnishing added water and set-control additives, mixing water with asphaltic emulsion for
coating the pavement, clean-up, and protecting the seal until it has set.
14.0 LANDSCAPE AND IRRIGATION (ADDITIVE ALT 2)
Remove and replace landscaping and irrigation shall conform to Section 800 of the
Standard Specifications and these Special Provisions.
The Contractor will be required to remove and replace plant/turf material to the existing
condition to the furthest extent possible to the daylight line and as indicated in the plans,
to the satisfaction of the City of La Quinta. In addition, the Contractor will be responsible
for capping and reestablishing the irrigation and grade for the landscaping in the indicated
areas.
Decomposed granite shall match existing decomposed granite to the furthest extent
possible and to the City of La Quinta’s satisfaction.
Technical Specifications 4000-19
The contract Lump Sum price Grade Parkway, Remove, Modify, and Replace
Landscape and Irrigation In Kind to Furthest Extent Possible to Join Proposed
Curb Ramp includes full compensation for furnishing all labor, materials, tools,
equipment, and incidentals, and for doing all the work involved in removing and replacing
landscaping and irrigation, complete in place, including importing soil, hauling, legal
disposal, adjusting irrigation pull boxes, relocating irrigation pull boxes, grading, plant
establishment, placing decomposed granite to match, providing and installing plants,
irrigation system, as specified in the Standard Specifications, these special provisions
and as directed by the engineer, and no additional compensation will be allowed
therefore.
15.0 STRIPING AND PAVEMENT MARKINGS (BID ITEM No. 7)
Removing and painting striping and pavement markings shall conform to the provisions
in Section 84-1, "General," and 84-2, "Traffic Stripes and Pavement Markings," of the
State Standard Specifications and these special provisions.
15.1 Remove Traffic Stripes and Pavement Markings
Traffic pavement markings shall be completely removed prior to placing slurry. This is
necessary to provide a good bonding surface for the slurry seal, as well as eliminate
“ghosting” of the old striping and markings as the new slurry wears off over time.
Removals shall be to satisfaction of City.
The removal of traffic pavement markings shall be accomplished by grinding. Sand-
blasting shall be used with prior City approval only. A minimum of 3 passes with the
grinder, per stripe, is required. Removal shall be to a maximum depth of 1/10". Removal
depth may exceed 1/10" only when necessary to effectively remove paint. Contractor shall
sweep up immediately following striping removals and prior to relocating to next location.
Obliteration of stripes or pavement markings by applying black paint or asphalt emulsion
is not an approved removal method.
It shall be the responsibility of the contractor to properly dispose of the residue from
removal of striping and pavement markings.
Payment for Striping and Marking Removal shall be included in the Lump Sum Unit Price
of Signing and Striping, Including All Incidentals and shall include full compensation
for furnishing all labor, materials, tools, equipment and incidentals, and for the work
involved in removal of the existing striping and markings, complete and in place, as
specified in these Specifications and the Special Provisions, and no additional
compensation will be allowed therefore.
15.2 Refresh Existing Striping
Refreshing existing striping and pavement markings shall conform to the provisions in
Section 84-1, "General," and 84-2, "Traffic Stripes and Pavement Markings," of the State
Standard Specifications and these special provisions.
Technical Specifications 4000-20
Contractor shall refresh the existing striping and markings that are to remain in the
project boundaries as shown on the plan including any striping or markings that
are tracked over with construction activities. Existing striping shall be refreshed
with one coat with glass beads and shall match existing striping detail.
Contractor shall refresh the existing striping, pavement markings, and crosswalks
on all legs and all cross streets twenty feet beyond the limit line and crosswalks.
Payment for Striping and Marking Refresh shall be included in the Lump Sum Unit Price
of Signing and Striping, Including All Incidentals and shall include full compensation
for furnishing all labor, materials, tools, equipment and incidentals, and for the work
involved in refreshing the crosswalk, complete and in place, as specified in these
Specifications and the Special Provisions, and no additional compensation will be allowed
therefore.
15.3 Striping and Pavement Markings
The CONTRACTOR shall furnish the necessary control points for all striping and
markings and shall be responsible for the completeness and accuracy thereof to the
satisfaction of the ENGINEER.
The CONTRACTOR shall perform all layout, alignment, and stripping layout for traffic
stripes and markings. Traffic striping shall not vary by more than ½ inch in 50 feet from
the alignment shown on the plans. The dimensional details of the stripes and markings
shall conform to the provisions set forth in the California Manual on Uniform Traffic Control
Devices (CAMUTCD) available from Caltrans.
STRIPING LAYOUT – Striping Layout shall be completed prior to the removal of any
existing stripes or markings. Existing stripes and markings shall be removed prior to
painting new ones, but in no case shall any section of street be left without the proper
striping for more than 24 hours, or over weekends or holidays.
No striping or painting work shall start until the ENGINEER has specifically approved the
striping layout markings. Existing striping and markings, if any, shall be removed prior to
painting new, but in no case shall any section of street be left without the proper striping
for more than 24 hours, or over the weekends or holidays.
MATERIALS - Materials shall conform to the provisions in Section 84-2.02 - "Materials,"
of the State Standard Specifications and these Special Provisions. All traffic striping and
pavement markings shall be two coats of paint with glass beads in each coat. A minimum
of 7 days and a maximum of 14 days shall elapse between application of the first
and second coats of paint. All traffic striping and pavement markings to be refreshed
shall be one coat of paint with glass beads unless otherwise approved by the CITY
Engineer. Markers to be installed with 2nd coat. Second coat will not be counted
against working days unless second coat is not placed prior to 14 days after last
working day. Liquidated damages will apply beyond the 14th day.
The paint for traffic striping and markings shall be as follows:
1. High Performance Water Borne, Rapid Dry, White – High Build Traffic Paint
by Ennis Flint, or approved equal.
Technical Specifications 4000-21
2. High Performance Water Borne, Rapid Dry, Black – High Build Traffic Paint by
Ennis Flint, or approved equal.
3. High Performance Water Borne, Rapid Dry, Yellow – High Build Traffic Paint
by Ennis Flint, or approved equal.
4. Methyl Methacrylate Bik Lane Treatment System, Green – Extended Season
MMAX by Ennis Flint, or approved equal.
All lines, legends, crosswalks, limit lines, and shapes shall be paint. Words and arrows
shall include the following: SCHOOL, SIGNAL, AHEAD, XING, RIGHT, KEEP, CLEAR,
LEFT, LANE, STOP, ONLY, MALL, BIKE, YIELD, PARKING T’s, MPH, 25, 35, 45, & 50
and shall include the following arrow types: TYPE I, II, III. IV, V, VI, VII, VIII, Yield Arrows,
and Bike Lane. (Per CALTRANS Standard Plan A24A, A24B and A24C).
Crosswalk lines, stop limit lines, and chevrons are considered as pavement markings.
The paint for concrete curbs shall be the following, or an approved equal:
1. High Build Traffic Paint by Ennis Flint Red
2. High Build Traffic Paint by Ennis Flint Green
3. High Build Traffic Paint by Ennis Flint Blue
All paint shall meet SCAQMD Rule 1113.
Payment for Striping and Pavement Markings shall be considered as included in the
Lump Sum bid for Signing and Striping, Including All Incidentals and shall include
full compensation for furnishing all labor, materials, tools, equipment and incidentals and
for doing all the work involved in traffic stripes, and pavement markings, including
establishing alignment for stripe and layout work as shown on the plans and as required
in the Specifications.
16.0 TRAFFIC SIGNS (BID ITEM No. 7)
16.1 Remove/Relocate Roadside Sign
Existing roadside signs shall be removed and replaced as shown on the plans.
Contractor shall verify that the existing roadside signs to be relocated/replaced meet the
current standards and requirements set forth for installing new signs as outlined in section
‘Install Roadside Signs’ in these special provisions. If the existing roadside sign does not
meet these standards the non-standard portion shall be removed and replaced.
Existing roadside signs at locations shown on the plans to be removed shall not be
removed until replacement signs have been installed or until the existing signs are no
longer required for direction of public traffic, unless otherwise directed by the ENGINEER.
16.2 Install Roadside Sign
Roadside signs shall be installed at the locations shown on the plans or as directed by
the CITY and shall conform to the provision in Section 56-2 "Overhead Sign Structures,"
of the State Standard Specifications, the retro-reflective requirements now included in the
2014 CAMUTCD and these Special Provisions.
This item of work also includes replacing an existing sign on a mast arm with a new sign
per the project plans.
Technical Specifications 4000-22
New signs shall be installed using metal posts set at a minimum of 30-inch depth
in a minimum 12-inch square PCC, except as specified otherwise, the metal post
shall be 2” square galvanized steel “qwik-punch” with 30” breakaway base and 18”
sleeve. The length of the metal post shall be sufficient to extend from the top of the
sign to 30-inches below the top of the concrete footing and provide a 7 –foot
clearance between the finished grade at the parking space and the bottom of the
sign. The depth of the concrete footings shall be sufficient to extend at least 6-
inches below the bottom of the posts. ¼-inch expansion paper shall be placed
between the sign foundation and sidewalk. Pneumatic installation as approved.
16.3 Measurement and Payment
The contract Lump Sum price paid for Signing and Striping, Including All Incidentals
includes full compensation for furnishing all labor, materials (including metal posts), tools,
equipment, and incidentals, and for doing all the work involved in removing, relocating,
replacing, and installing new traffic signs on posts or signals, complete in place, including
the installation of sign panels, footings, removal of footings, as shown on the plans, as
specified in the Standard Specifications and these special provisions, and as directed by
the engineer, and no additional compensation will be allowed therefore.
17.0 ADJUST TO GRADE, SEWER MANHOLE (ADDITIVE ALT 1)
Adjust Sanitary Sewer Manhole to Final Grade shall include all work necessary to adjust
the sanitary sewer manhole from its current location to the final location and grade shown
per the plans and specifications, these specifications, and Coachella Valley Water District
(CVWD) requirements.
Adjust Sanitary Sewer Manhole to Final Grade shall include excavation and backfill, and
adjusting the sanitary sewer manhole to final grade elevations in accordance with CVWD
standards including replacing damaged covers, rings and frames.
Work includes all correspondence with CVWD for completion of the work.
The contract unit price paid for Lower/Raise Sanitary Sewer Manhole to Grade per
CVWD Standards shall include the per Each price to include full compensation for
furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work
involved in adjusting the manhole, complete in place, as shown on the plans, as specified
in the Standard Specifications and these special provisions, and as directed by the
Engineer with no additional compensation allowed.
APPENDIX A
ESCROW AGREEMENT FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
(3 PAGES)
Appendix A Page 1
ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between the City of La Quinta
whose address is 78-495 Calle Tampico, La Quinta, California, 92253, hereinafter
called City, and , hereinafter called
Contractor whose address is , and
hereinafter called Escrow Agent whose address is:
.
For the consideration hereinafter set forth, the City, Contractor, and Escrow Agent
agree as follows:
1. Pursuant to Section 22300 of the Public Contract Code of the State of California,
Contractor has the option to deposit securities which meet the requirements set
forth in said Section 22300, with Escrow Agent, as a substitute for retention
earnings required to be withheld by City pursuant to the Construction Contract
entered into between City and Contractor for Project No. 2023-16, FY23/24
Pavement Management Plan, in the amount of
Dollars, dated hereinafter referred to as the Contract. When
Contractor deposits the securities as a substitute for Contract earnings, the
Escrow Agent shall notify the City within 10 days of the deposit. The market
value of the securities at the time of the substitution shall be at least equal to the
cash amount then required to be withheld as retention under the terms of the
Contract between the City and Contractor. Securities shall be held in the name
of City of La Quinta and shall designate the Contractor as the beneficial owner.
2. City shall make progress payments to Contractor for such funds which otherwise
would be withheld from progress payments pursuant to the Contract provisions,
provided that the Escrow Agent holds securities in the form and amount specified
above.
3. Alternatively, City may make payments directly to Escrow Agent in the amount of
retention for the benefit of the City until such time as the escrow created
hereunder is terminated.
4. Contractor shall be responsible for paying all fees for the expenses incurred by
Escrow Agent in administering the escrow account. These expenses and
payment terms shall be determined by the Contractor and Escrow Agent.
5. The interest earned on the securities or the money market accounts held in
escrow and all interest earned on that interest shall be for the sole account of
Contractor and shall be subject to withdrawal by Contractor at any time and from
time to time without notice to the City.
Appendix A Page 2
6. Contractor shall have the right to withdraw all or any part of the principal in the
Escrow Account only by written notice to Escrow Agent accompanied by written
authorization from City to the Escrow Agent that City consents to the withdrawal
of the amount sought to be withdrawn by Contractor.
7. The City shall have a right to draw upon the securities in the event of default by
the Contractor. Upon seven days' written notice to the Escrow Agent from the
City of the default, the Escrow Agent shall immediately convert the securities to
cash and shall distribute the cash as instructed by the City.
8. Upon receipt of written notification from the City certifying that the Contract is
final and complete, and that the Contractor has complied with all requirements
and procedures applicable to the Contract, Escrow Agent shall release to
Contractor all securities and interest on deposit less escrow fees and charges of
the Escrow Account. The escrow shall be closed immediately upon disbursement
of all moneys and securities on deposit and payments of fees and charges.
9. Escrow Agent shall rely on the written notifications from the City and the
Contractor pursuant to Sections (4) to (6), inclusive, of this Agreement, and City
and Contractor shall hold Escrow Agent harmless from Escrow Agent's release
and disbursement of the securities and interest as set forth above.
10. The names of the persons who are authorized to give written notice or to receive
written notice on behalf of the City and on behalf of Contractor in connection with
the foregoing, and exemplars of their respective signatures are as follows:
On Behalf of City: On Behalf of Contractor:
Title Title
Name Name
Signature Signature
Address Address
Appendix A Page 3
On Behalf of Escrow Agent:
Title
Name
Signature
Address
At the time the Escrow Account is opened, City and Contractor shall deliver to the
Escrow Agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper
officers on the date first set forth above.
CITY: CONTRACTOR:
Title Title
Name Name
Signature Signature
APPENDIX B
STANDARD PLANS
(33 PAGES)
7/6/22
7/6/22
November 7, 2014
California MUTCD 2014 Edition Page 663
(FHWA’s MUTCD 2009 Edition, including Revisions 1,2, &3, as amended for use in California)
Chapter 3A – General Revised February 6, 2023 Part 3 – Markings
November 7, 2014
California MUTCD 2014 Edition Page 664
(FHWA’s MUTCD 2009 Edition, including Revisions 1,2, &3, as amended for use in California)
Chapter 3A – General Revised February 6, 2023 Part 3 – Markings
November 7, 2014
California MUTCD 2014 Edition Page 666
(FHWA’s MUTCD 2009 Edition, including Revisions 1,2, &3, as amended for use in California)
Chapter 3A – General Revised February 6, 2023
Part 3 – Markings
November 7, 2014
California MUTCD 2014 Edition Page 667
(FHWA’s MUTCD 2009 Edition, including Revisions 1,2, &3, as amended for use in California)
Chapter 3A – General Revised February 6, 2023 Part 3 – Markings
November 7, 2014
California MUTCD 2014 Edition Page 668
(FHWA’s MUTCD 2009 Edition, including Revisions 1,2, &3, as amended for use in California)
Chapter 3A – General Revised February 6, 2023 Part 3 – Markings
November 7, 2014
California MUTCD 2014 Edition Page 669
(FHWA’s MUTCD 2009 Edition, including Revisions 1,2, &3, as amended for use in California)
Chapter 3A – General Revised February 6, 2023 Part 3 – Markings
November 7, 2014
California MUTCD 2014 Edition Page 670
(FHWA’s MUTCD 2009 Edition, including Revisions 1,2, &3, as amended for use in California)
Chapter 3A – General Revised February 6, 2023
Part 3 – Markings
November 7, 2014
California MUTCD 2014 Edition Page 674
(FHWA’s MUTCD 2009 Edition, including Revisions 1,2, &3, as amended for use in California)
Chapter 3A – General Revised February 6, 2023 Part 3 – Markings
November 7, 2014
California MUTCD 2014 Edition Page 675
(FHWA’s MUTCD 2009 Edition, including Revisions 1,2, &3, as amended for use in California)
Chapter 3A – General Revised February 6, 2023 Part 3 – Markings
California MUTCD 2014 Edition Page 1413
(FHWA’s MUTCD 2009 Edition, including Revisions 1,2, &3, as amended for use in California)
Chapter 9C – Markings November 7, 2014
Part 9 – Traffic Control for Bicycle Facilities
3'-6"3'-6"6'-0"8'-0"TYPE ÎÏ (L) ARROW3'-6"EDG
E OF PAV
EMENTTYPE ÏÎ ARROWD
IRECT
ION
OF V
IEW
5'-6"8'-6"9'-0"7'-3"9'-0"TYPE Ï ARROW10'-0"
18'-0"
15'-0"
13'-0"
17'-6"
24'-0"
24'-0"
18'-0"TYPE ÏÎÎ (L) ARROW2'-0"BIKE LANE ARROW5'-0"1'-9"2'-0"6"1'-0" GRID1'-0" GRID1'-0" GRID1'-0" GRID1'-0" GRID1'-0" GRID1'-0" GRID1'-0"1'-0"1'-0"1'-0"1'-0"1'-0"1'-
0
"1'-0"20^6" GRIDTYPE Î 18'-0" ARROWTYPE ÏÎÎÎ ARROWTYPE Î 24'-0" ARROWTYPE Î 10'-0" ARROWFor left lane, use mirror image. Right lane drop arrow.may be accepted by the Engineer.Minor variations in dimensionsNOTE:For Type ÎÏ (R) arrow, use mirror image.For Type ÏÎÎ (R) arrow, use mirror image.A=25 ftÄA=31 ftÄA=15 ftÄA=36 ftÄA=27 ftÄA=14 ftÄA=42 ftÄA=33 ftÄA=3.5 ftÄTHE STATE OF CALIFORNIA OR ITS OFFICERSOR AGENTS SHALL NOT BE RESPONSIBLE FORCOPIES OF THIS PLAN SHEET.THE ACCURACY OR COMPLETENESS OF SCANNEDPLANSAPPROVALDATENo.Exp.RE G IST
E
RED P
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OFESSIONAL ENGINEERSTATE OF CALI
F
O
RNIA REGISTERED CIVIL ENGINEERCIVILDistCOUNTYROUTEPOST MILESTOTAL PROJECTSHEETNo.TOTALSHEETSMay 1, 2023ARROWSPAVEMENT MARKINGSSTATE OF CALIFORNIADEPARTMENT OF TRANSPORTATIONNO SCALE19A24A2023 STANDARD PLAN A24A2-7-233-31-24C82065Yue WangReturn to Table of Contents
4'-8"4'-8"NUMERALS8'-0"4'-11"8"
8'-0"
8"
8'-0"
8" 4"4"4"A=17.5 ftÄA=16.5 ftÄA=19.5 ftÄDIAMOND SYMBOL12'-0"
6
"3'-3"1'-0" GRIDA=11 ftÄ10"BICYCLE LOOPDETECTOR SYMBOL3"3"2"1" GRID1'-8"1'-8"1'-8"
5'-6"A=2 ftÄMinor variations in dimensions may be acceptedby the Engineer.NOTE:6'-6"4" GRID3'-4"WITH PERSONBIKE LANE SYMBOLA=7 ftÄ2'-8½"4'-5"
3'-9"4'-5"3'-9"3'-0"WHITEBLUE6" GRIDA (WHITE) =9 ftÄA (BLUE) =14 ftÄACCESSIBILITY (ISA) MARKINGINTERNATIONAL SYMBOL OFSHARED ROADWAY BICYCLE MARKING3'-3"5'-9"
9'-3"
3'-6"
2'-0"6"6"6"
1"A=11.5 ftÄ~6" GRID4" GRID3'-4"6'-0"WITHOUT PERSONBIKE LANE SYMBOLA=7 ftÄTHE STATE OF CALIFORNIA OR ITS OFFICERSOR AGENTS SHALL NOT BE RESPONSIBLE FORCOPIES OF THIS PLAN SHEET.THE ACCURACY OR COMPLETENESS OF SCANNEDPLANSAPPROVALDATENo.Exp.RE G IST
E
RED P
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OFESSIONAL ENGINEERSTATE OF CALI
F
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RNIA REGISTERED CIVIL ENGINEERCIVILDistCOUNTYROUTEPOST MILESTOTAL PROJECTSHEETNo.TOTALSHEETSMay 1, 2023SYMBOLS AND NUMERALSPAVEMENT MARKINGSSTATE OF CALIFORNIADEPARTMENT OF TRANSPORTATIONNO SCALE21A24C2023 STANDARD PLAN A24C2-7-233-31-24C82065Yue WangReturn to Table of Contents
4"4"8"
8"
8"4"8"4"8"4"8"4"8"4"8"4"8"4"8"4"A=6 ftÄ4"2"XINGAHEADWAITLANERIGHTYIELDSCHOOLSIGNALTURNHEREBIKESLOWSTOPLEFTITEMITEMITEMWORD MARKINGSITEMPEDCOMPACTRUNAWAYVEHICLES2131196265232219243532242618104342A=5 ftÄ2"4"
4"2"A=10 ftÄ8"4"A=18 ftÄA=22 ftÄ8"4"8"4"A=26 ftÄ8"4"A=19 ftÄ8"4"A=32 ftÄA=35 ftÄA=43 ftÄA=31 ftÄA=24 ftÄA=26 ftÄA=21 ftÄA=19 ftÄA=23 ftÄA=24 ftÄA=42 ftÄftÄftÄftÄftÄNOTES: connecting segments not to exceed 2" in width.4. Portions of a letter, number or symbol may be separated by3. Minor variations in dimensions may be accepted by the Engineer. where there is limited space because of local conditions. the height of the characters. The space may be reduced appropriately the characters for low speed roads, but not more than ten times2. The space between words must be at least four times the height of i.e., the first word must be nearest the driver.1. If a message consists of more than one word, it must read "UP",THE STATE OF CALIFORNIA OR ITS OFFICERSOR AGENTS SHALL NOT BE RESPONSIBLE FORCOPIES OF THIS PLAN SHEET.THE ACCURACY OR COMPLETENESS OF SCANNEDPLANSAPPROVALDATENo.Exp.RE G IST
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RNIA REGISTERED CIVIL ENGINEERCIVILDistCOUNTYROUTEPOST MILESTOTAL PROJECTSHEETNo.TOTALSHEETSMay 1, 2023WORDSPAVEMENT MARKINGSSTATE OF CALIFORNIADEPARTMENT OF TRANSPORTATIONNO SCALE22A24D2023 STANDARD PLAN A24D2-7-233-31-24C82065Yue WangReturn to Table of Contents
A=2 ftÄ8"4"8"4"8"4"8"4"8"4"4"8"
8"4"4"8"
12"
12"
2"1½"See Notes 5 and 68"4"8"4"8"4"A=14 ftÄA=22 ftÄA=21 ftÄA=27 ftÄA=24 ftÄA=24 ftÄA=20 ftÄA=16 ftÄA=18 ftÄA=23 ftÄA=30 ftÄONLYLANEITEMITEMCLEARBUSKEEPBIKENOFWY2414212027222416SQFTSQFTHOV18TRAIL23WORD MARKINGSEXPRS30NOTES: is visible to traffic enforcement officials.contrasting background and located so that itwhite letters no less than 1'-0" high on aThe words "NO PARKING", shall be painted in and A90B.locations of markings, see Standard Plans A90Abe used for parking facilities. For typicalThe words "NO PARKING" pavement marking is toexceed 2" in width.separated by connecting segments not toPortions of a letter, number, or symbol may beby the Engineer.Minor variations in dimensions may be acceptedspace because of local conditions.reduced appropriately where there is limitedheight of the characters. The space may bespeed roads, but not more than ten times thetimes the height of the characters for lowThe space between words must be at least fournearest the driver.it must read "UP",i.e., the first word must beIf a message consists of more than one word,6. 5. 4.3. 2. 1.THE STATE OF CALIFORNIA OR ITS OFFICERSOR AGENTS SHALL NOT BE RESPONSIBLE FORCOPIES OF THIS PLAN SHEET.THE ACCURACY OR COMPLETENESS OF SCANNEDPLANSAPPROVALDATENo.Exp.RE G IST
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OFESSIONAL ENGINEERSTATE OF CALI
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RNIA REGISTERED CIVIL ENGINEERCIVILDistCOUNTYROUTEPOST MILESTOTAL PROJECTSHEETNo.TOTALSHEETSMay 1, 2023WORDSPAVEMENT MARKINGSSTATE OF CALIFORNIADEPARTMENT OF TRANSPORTATIONNO SCALE23A24E2023 STANDARD PLAN A24E2-7-233-31-24C82065Yue WangReturn to Table of Contents
NOTES:BASIC1'-0" TO 2'-0"6'-0" Min 3. 2. 1.1'-0" TO 5'-0"CONTINENTAL1'-0" TO 2'-0"6'-0" MinSee Note 1DIAGONAL45^6'-0" Min1'-0" TO 2'-0"1'-0" TO 2'-0"1'-0" TO 2'-0"TRIPLE FOURMin2'-0"2'-0"4'-0"4'-0"4'-0"LADDER6'-0" Min
1'-0" TO 2'-0"1'-0" TO 2'-0"1'-0" TO 2'-0"1'-0" TO 5'-0", SEE NOTE 21'-0" TO 5'-0", SEE NOTE 2HIGHER VISIBILITY CROSSWALKSschools must be yellow.All crosswalk markings must be white except those nearSpacings not to exceed 2.5 x width of longitudinal line.of each lane.Spaces between markings must be placed in wheel tracksTHE STATE OF CALIFORNIA OR ITS OFFICERSOR AGENTS SHALL NOT BE RESPONSIBLE FORCOPIES OF THIS PLAN SHEET.THE ACCURACY OR COMPLETENESS OF SCANNEDPLANSAPPROVALDATENo.Exp.RE G IST
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RNIA REGISTERED CIVIL ENGINEERCIVILDistCOUNTYROUTEPOST MILESTOTAL PROJECTSHEETNo.TOTALSHEETSMay 1, 2023CROSSWALKSPAVEMENT MARKINGSSTATE OF CALIFORNIADEPARTMENT OF TRANSPORTATIONNO SCALESee Note 124A24F2023 STANDARD PLAN A24F2-7-233-31-24C82065Yue WangReturn to Table of Contents
YIELD LINE AT EXIT RAMPLIMIT LINE (STOP LINE) AT EXIT RAMPLIMIT LINE (STOP LINE)YIELD LINETYPE Ï ARROW AT EXIT RAMPTYPE RTRIANGLESOF ISOSCELESWHITE SERIES1'-0"17'-6"9'-0"LIMIT LINE OR CROSSWALK1'-0" TO 2'-0"WHITE LINE1'-0" TO 2'-0"1.RETROREFLECTIVE FACE ON BACKSIDENOTE:A=33 ftÄLEGEND:2"2"2"2"24'-0"12'-0"2'-0"TRIANGLESOF ISOSCELESWHITE SERIES1'-0"up the ramp with the red reflective side facing the intersection.markers in front of the first line for wrong way vehicle that travels If there is crosswalk at the end of the exit ramp, place Type R RETROREFLECTIVE MARKERTYPE R ONE-WAY REDMARKER DETAILSREFLECTIVEREDBLANKREFLECTIVEREDBLANK45°4
5
°AT THIS LOCATIONUSE ONE MARKERWHEN RECESSED,(Markers are not recessed)(Markers are not recessed)YIELD LINE AT EXIT RAMP(Markers are recessed)LIMIT LINE (STOP LINE) AT EXIT RAMP(Markers are recessed)Typ2'-0"REFLECTIVEREDBLANKTyp4'-0"1'-0" WHITE LINEBLANKREFLECTIVEREDTyp
3'-0"
Typ
2"Typ1'-0"Typ1'-0"Typ2'-0"TRIANGLESOF ISOSCELESWHITE SERIESTyp1'-0"Typ
3'-0"
Typ
3'-0"
Typ
2"Typ1'-0"Typ2'-0"Typ
3'-0"
Typ
3'-0"Typ1'-0"Typ4'-0"4
5
°45°?"-¾"3?"-4?"1?"-4?"
Typ4'-0" O/C
THE STATE OF CALIFORNIA OR ITS OFFICERSOR AGENTS SHALL NOT BE RESPONSIBLE FORCOPIES OF THIS PLAN SHEET.THE ACCURACY OR COMPLETENESS OF SCANNEDPLANSAPPROVALDATENo.Exp.RE G IST
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RNIA REGISTERED CIVIL ENGINEERCIVILDistCOUNTYROUTEPOST MILESTOTAL PROJECTSHEETNo.TOTALSHEETSMay 1, 2023AND WRONG WAY DETAILSYIELD LINES, LIMIT LINESPAVEMENT MARKINGSSTATE OF CALIFORNIADEPARTMENT OF TRANSPORTATIONNO SCALE25A24G2023 STANDARD PLAN A24G2-7-233-31-24C82065Yue WangReturn to Table of Contents
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..................ETWEPS .REGULATORY AND WARNING SIGNSGUIDE SIGNSFREEWAY AND EXPRESSWAY LOCATIONSAND ROUTE SHIELDSURBAN LOCATIONSRURAL LOCATIONSCONVENTIONAL HIGHWAYS AND INTERCHANGE AREAS
1. 2. 3. When clear roadside recovery areas are provided,signs shall be placed as far from the edge oftraveled way as possible, up to a maximum ofprotected locations. Signs in medians shall be placed at midpoint ofedge of traveled way. When appropriate, signs foropposing directions shall be placed back to back. Does not apply at locations where minimumhorizontal distance is not reasonable due to terraincharacteristics, steep slopes, roadway features, orwhen signs are installed on structures or signal orlighting standards. EPS = Edge of Paved Shoulder8' Min
7' Min 6' Min5' Min
4' Min
7' Min6' Min7' Min *median up to a maximum distance of 30' fromMin *2'30'. When possible, they shall be placed in.......................
.
........
.
.ETWEPS(SEE NOTES 1 AND 2)* 1' Min WHERE LATERAL CLEARANCE LIMITED(SEE NOTES 1 AND 2)(SEE NOTES 1 AND 2)(SEE NOTE 3)(SEE NOTE 3)SECONDARY PANEL* 5' Min AT 30' FROM ETW12' Min TO 30' Max12' Min TO 30' Max12' Min TO 30' MaxDEPARTMENT OF TRANSPORTATIONSTATE OF CALIFORNIANOTES:DETAILS No. 1TYPICAL INSTALLATIONROADSIDE SIGNS5' Min ETWABBREVIATION:6-30-24C51846Shangjia Horn2-6-23RS1NO SCALEPLANSAPPROVALDATENo.Exp.RE G IST
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RNIA REGISTERED CIVIL ENGINEERCIVILDistCOUNTYROUTEPOST MILESTOTAL PROJECTSHEETNo.TOTALSHEETSTHE STATE OF CALIFORNIA OR ITS OFFICERSOR AGENTS SHALL NOT BE RESPONSIBLE FORCOPIES OF THIS PLAN SHEET.THE ACCURACY OR COMPLETENESS OF SCANNEDMay 1, 20234392023 STANDARD PLAN RS1Return to Table of Contents
STATE OF CALIFORNIADEPARTMENT OF TRANSPORTATION1" CENTER TO CENTER?" Dia HOLE1-EACH SIDE)(4 REQUIRED?" Dia HOLES(SEE NOTE 2)?" DRIVE RIVET(SEE NOTE 2)DRIVE RIVET600'-11¾"
150'-3"TO 2¼" Max1¾" Min(SEE NOTE 1)SIGN POST(SEE NOTE 4)ANCHOR SLEEVE600'-11¾"PAVED SURFACE(SEE NOTE 4)ANCHOR SLEEVESEE DETAIL "A"?" DRIVE RIVETSIGN POSTANCHOR SLEEVERIVETDRIVEANCHOR SLEEVESIGN POSTSEE NOTE 2POST SIZE100 MPH WIND SPEEDSINGLE POST GROUND SIGNSHEIGHT TO CENTER OF SIGN10.88.9 7.6 6.6 5.911 1020 18 16 14 12CONCRETE FOOTINGUNREINFORCEDCONCRETE FOOTINGUNREINFORCED150'-2?"5'-0" 6'-0" 7'-0" 8'-0" 9'-0"10'-0" 11'-0"5.3 4.82" x 2" x 12 Ga2½" x 2½" x 10 GaMax AREA (SQUARE FEET) OF SIGN3" x 3" x 7 Ga2½" x 2½" x 7 GaSLEEVE SIZE-(SEE NOTE 4)ANCHOR SLEEVESQUARE STEEL GRAVELGRAVELSIGN POSTSTEEL TUBE (PSST)PERFORATED SQUAREDETAILS No. 1TYPICAL INSTALLATIONPSST POSTROADSIDE SIGNANCHOR SLEEVE INPAVED SURFACEANCHOR SLEEVE INUNPAVED SURFACEFASTENERDETAIL "A"SINGLE POST INSTALLATIONfy = 60 ksiSteel post:6.For details not shown, see Standard Plans RS1 and RS2.5.All anchor sleeves shall be embedded in PCC.4.All steel sign posts and anchor sleeves shall be galvanized.3.the sides facing traffic.anchor sleeve. Install drive rivets or fastener alternative into Use two drive rivets to fasten assembled sign and sign post into2.on all four sides for the full length.The sign post shall have ?" diameter perforations 1" on center1.NOTES:HEIGHT TO CENTER OF SIGN1'-6"Min
1'-0"
Min1'-0"TO 2¼" Max1¾" Min(SEE NOTE 1)SIGN POSTOR GROUND LINEFINISHED GRADESEE DETAIL "A"3"
4'-6"FOR 2½"x 2½"x 10 Ga4'-0"FOR 2"x 2"x 10 Ga
4'-6"FOR 2½"x 2½"x 10 Ga
4'-0"FOR 2"x 2"x 10 Ga
FASTENER ALTERNATIVETRAFFIC
TRAFFIC
3-31-24C57793Stanley P. JohnsonNO SCALE10-10-23.PLANSAPPROVALDATENo.Exp.R E G IS
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ROFESSIONALENGINEERSTATEOFCALI
FOR
NIA REGISTERED CIVIL ENGINEERCIVILDistCOUNTYROUTEPOST MILESTOTAL PROJECTSHEETNo.TOTALSHEETSTHE STATE OF CALIFORNIA OR ITS OFFICERSOR AGENTS SHALL NOT BE RESPONSIBLE FORCOPIES OF THIS PLAN SHEET.THE ACCURACY OR COMPLETENESS OF SCANNEDDia1'-0" Dia1'-0" 3"
3"2023REVISEDSTANDARDPLANRSPRS5All Rights Reservedc 2024 California Department of TransportationTO ACCOMPANY PLANS DATEDJanuary 22, 2024DATED MAY 1, 2023 - PAGE 443 OF THE STANDARD PLANS BOOK DATED 2023.RSP RS5 DATED JANUARY 22, 2024 SUPERSEDES STANDARD PLAN RS5REVISED STANDARD PLAN RSP RS5
S-1BDRAWING NUMBER:
MANHOLE COLLAR IN HEAVY TRAFFIC AREA
FRAME & COLLAR
OUT OF PAVEMENT IN PAVEMENT
NONRESIDENTIAL
SECTION A-A
ROADWAYS
Approval Date: Draft 09/18
APPENDIX C
SAMPLE GIS MAPS
(3 PAGES)
APPENDIX D
ADDITIVE ALTERNATE NO. 3
(1 PAGE)
NOTES TO CONTRACTOR:1. PROTECT IN PLACE ALL MANHOLES AND VALVES, UNLESS SHOWNAS ADJUST TO GRADE.2. PROTECT IN PLACE ALL SURVEY MONUMENTS OR RE-ESTABLISHPER GENERAL NOTES.3. REFRESH ANY STRIPING DAMAGED OR COVERED FROMCONSTRUCTION ACTIVITY TRACK-OUT.4. STATIONING AND CENTERLINE IS SHOWN FOR REFERENCE ONLYAND HAS NOT BEEN TIED DOWN BY SURVEYOR.5. PROTECT IN PLACE ALL EXISTING SIGNS.6. FOR ANY CRACK, OR VOID, GREATER THAN 1", FILL WITHCOMPACTED PEA-GRAVEL AND SS GRADE ASPHALTIC EMULSIONOR HOT MIX ASPHALT DIRECTED BY THE ENGINEER. SEALANTSHALL NOT EXCEED 1" DEPTH.STRIPING NOTES:PLACE BACK ORIGINAL STRIPING AND TYPE IN SAME LOCATION1INSTALL GREEN PAINT WITHIN THE BIKE LANE DASHED AREA1314PAINT WHITE GOLF CART LANE SYMBOL, PER CITY OF LAQUINTA STANDARD PLAN 502(13')(11')(6')SBTHRU LANESBBIKELANEWASHINGTON STREET TYPICAL SECTIONBETWEEN AVENUE MONTERO AND EISENHOWER DRIVENOT TO SCALEDET. 2511'11'11'(14')NBTHRU LANENBTHRU LANENBTHRU LANE8'NBBIKE LANEVARIES 2'-14'SBTHRU LANEDET. 39DET. 12VARIES 11'-17'SBTHRU LANESTRIPE 6 INCH WIDE WHITE LINE17REMOVE STRIPING/PAVEMENT MARKING AND DO NOT PLACEBACK3STRIPE 6 INCH WIDE WHITE BIKE LANE, PER CAMUTCD FIGURE3A-112 (CA), DETAIL 395STRIPE 6 INCH WIDE WHITE DASHED BIKE LANE, PER CAMUTCDFIGURE 3A-112 (CA), DETAIL 39A6STRIPE 6 INCH WIDE WHITE LANE LINE AND INSTALL RAISEDPAVEMENT MARKERS, PER CAMUTCD FIGURE 3A-102 (CA),DETAIL 12PAINT WHITE "BIKE" AND "LANE" LETTERING, "HELMETEDBICYCLIST" SYMBOL, AND SMALL BIKE LANE ARROW, PERCALTRANS STANDARD PLANS A24A, A24C, AND A24D, AND ASPOSITIONED PER MUTCD FIGURE 9C-3. PAINT CENTERED ONGREEN RECTANGULAR BACKGROUND, 3.5'X37'7STRIPE 8 INCH WHITE CHANNELIZING LINE, CAMUTCD FIGURE3A-112 (CA), DETAIL 3848STOPAHEADSIGNALAHEADAHEADBIKELANESIGNALSIGNALAHEADAHEADAHEADSIGNALSIGNALSIGNALBIKELANE27+0028+0029+0030+0031+0032+0033+0034+0035+0036+0037+0038+0039+00BIKELANEBIKE
LANE
BIKE
LANE200'VIA BOLERO
11'11'11'8'(11')(10')(11')(3')(6')WASHINGTON STREET'SIGNAL''AHEAD'3 EADETAIL 25DETAIL 38130'TYPE IVARROW (L)TYPE IVARROW (L)11'11'11'8'
11'11'11'8'
(12')
11'11'11'8'DETAIL 25(13')(11')VAR.
(13')(11')VAR.TYPE IVARROW (R)DETAIL 39A8" WHITECHEVRONSAT 10' O.C.,TYP.TYPE IVARROW (R)(13')(11')(11')18'8'
(13')(11')VAR.TYPE IVARROW (L)TYPE IVARROW (L)DETAIL 38120''SIGNAL''AHEAD'3 EA8" WHITECHEVRONSAT 100' O.C.,TYP.DETAIL 39DETAIL 38DETAIL 12DETAIL 39A(12')(12')(11')(17')(14')(6')STA 28+16BEGIN STRIPING IMPROVEMENTSSTA 27+25BEGIN STRIPINGIMPROV.100' TRANS8'
VAR.TYPE IVARROW (R)185'185'DETAIL 39BIKELANEBIKE
LANE
BIKE
LANEBIKELANE BIKELANE39+0040+0041+0042+0043+0044+0045+0046+0047+0048+00BIKELANEBIKELANEBIKE
LANE
BIKELANE
STA 46+51.35 WASHINGTON STREET=EISENHOWER DRIVETYPE IVARROW (R)2 EAEISENHOWER
DRIVE100'TYPE IVARROW (L)DETAIL 38510'TYPE IVARROW (L)11'11'11'8'11'11'11'8'
10'11'11'8'
VAR.
(11')50'DETAIL 39DETAIL 25(13')(11')VAR.8'DETAIL 12(13')(11')
VAR.
(6')CROSSWALKBICYCLE LOOPDETECTORSYMBOLBICYCLE LOOPDETECTORSYMBOLTYPE IVARROW (L)DETAIL 29(13')(11')VAR.WASHINGTON STREETWASHINGTON STREET120'VAR.(13')(11')11'(6')DETAIL 39MOD -CHEVRON100' OC11'
VAR.90' TRANSTYPE IVARROW (R)TYP.PAINT MEDIAN NOSE AND INSTALL PAVEMENT MARKERS PERDETAIL A OR B ON SHEET 223PAINT 12 INCH WHITE DIAGONAL, 50' O.C.11PAINT PAVEMENT MARKING, TYPE PER PLAN12ConsultingNAI MATCHLINE - STA 39+00SEE TOP RIGHT
MATCHLINE - STA 39+00
SEE BOTTOM LEFT
3333WORK TO BEPERFORMED PERREVISION 333