Specifications Project 2022-25
BID DOCUMENTS
&
SPECIFICATIONS
CITY PROJECT NO. 2022-25
FEDERAL PROJECT NO. HIPL-5433(021)
HIGHWAY 111 RESURFACING PROJECT
CITY OF LA QUINTA, CALIFORNIA
PREPARED FOR:
CITY OF LA QUINTA
DEPARTMENT OF DESIGN & DEVELOPMENT
78-495 CALLE TAMPICO
LA QUINTA, CA 92253
(760) 777-7000
APPROVED BY: DATE:
_____________________________________
BRYAN McKINNEY, P.E.
PUBLIC WORKS DIRECTOR/ CITY ENGINEER
MARCH 2025 R.C.E. No. 49418 Exp Date: 09/30/2026
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 1110-6
18.0 Bidders Interested in More Than One Bid 1110-6
19.0 Sheeting, Shoring, and Bracing 1110-6
20.0 Wage Rates 1110-7
21.0 Offer of Assignment of Antitrust Actions 1110-7
22.0 Assignment of Contract 1110-7
23.0 Rejection of Bids 1110-7
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 1110-10
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 Federal Requirements Forms for Federal-Aid 1270-1
Construction Projects
1280 Iran Contracting Act of 2010 Certification 1280-1
1290 Russian Aggression Against Ukraine Sanctions 1290-1
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 1400-1
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 1400-8
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 1400-9
4.1 Office 1400-9
4.2 Contractor's Representative 1400-10
4.3 Construction Procedures 1400-10
4.4 Contractor's Employees 1400-10
4.5 Subcontractors 1400-10
4.6 Contractor's Equipment and Facilities 1400-11
4.7 Public Safety and Convenience 1400-11
4.8 City-Contractor Coordination 1400-11
4.9 Permits 1400-12
4.10 Contractor's Responsibility for the Work and Material 1400-13
4.11 Laws to be Observed 1400-13
4.12 Safety 1400-16
5.0 Control of Work and Material 1400-17
5.1 Means and Method 1400-17
5.2 City-Furnished Materials 1400-18
5.3 Defective and Unauthorized Work 1400-18
5.4 Unnoticed Defects 1400-19
5.5 Right to Retain Imperfect Work 1400-19
6.0 Progress of the Work 1400-19
6.1 Beginning of Work 1400-19
6.2 Time of Completion 1400-19
6.3 Delays 1400-20
6.4 Time Extensions 1400-21
6.5 Temporary Suspension of Work 1400-22
6.6 Termination of Contract 1400-23
7.0 Changes in Scope of Work 1400-23
7.1 Change Orders 1400-23
7.2 Differing Site Conditions 1400-24
7.3 Suspensions of Work Ordered by the City 1400-25
7.4 Significant Changes in the Character of Work 1400-25
7.5 Resolution of Disputes 1400-26
8.0 Project Modifications Procedures 1400-30
8.1 Changes in Contract Price 1400-30
8.2 Negotiated Change Orders 1400-31
8.3 Force Account Payment 1400-32
8.4 Time Extensions for Change Orders 1400-34
9.0 Payment 1400-34
9.1 Scope of Payment 1400-34
9.2 Partial Payments 1400-35
9.3 Partial Payments - Inclusion of Material on Hand 1400-36
9.4 Right to Withhold Amounts 1400-36
9.5 Substantial Completion 1400-37
9.6 Final Inspection and Payment 1400-38
9.7 Warranty of Title 1400-39
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 2000-4
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 3000-7
4.5 Air Contaminants 3000-7
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 4000-2
5.0 Clearing and Grubbing 4000-3
6.0 Location and Protection of Underground 4000-4
Utilities and Facilities
7.0 Earthwork 4000-4
8.0 Unclassified Excavation 4000-5
9.0 Existing Bituminous Pavement Removal 4000-6
10.0 Existing Concrete Pavement Removal 4000-7
11.0 Existing Concrete Curb and Gutter Removal 4000-7
12.0 Cold Milling AC Pavement 4000-8
13.0 Pulverize Road Section 4000-8
14.0 Grading and Subgrade Preparation 4000-10
15.0 Asphalt Concrete 4000-10
16.0 Concrete and Masonry Construction 4000-13
17.0 Truncated Domes 4000-17
18.0 Adjust to Grade, Storm Drain Manhole 4000-17
19.0 Landscape and Irrigation 4000-18
20.0 Striping and Pavement Markings 4000-18
21.0 Signing 4000-21
22.0 Traffic Signal Modification 4000-22
Appendix A: Escrow Agreement for Security Deposits In lieu of Retention
Appendix B: Standard Plans
Appendix C: Pavement Rehabilitation Report
Appendix D: Environmental Commitments Record
Appendix E: Exhibit 17-F & 17-O Forms
Appendix F: Quality Assurance Program (QAP)
Invitation to Bid 1100-1
SECTION 1100
INVITATION TO BID
City Project No. 2022-25
Federal Project No. HIPL-5433(021)
HIGHWAY 111 RESURFACING PROJECT
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 11:00 A.M. on
Thursday, March 27, 2025 at which time they will be publicly opened and read for
performing work as follows:
The proposed work includes pulverization, milling, and asphalt concrete
overlay, signing and striping on Highway 111 from west La Quinta City Limits
to Jefferson Street. Additional work includes sidewalk, cross-gutter, curb
ramp reconstruction. All project work and incidental items to complete the
project shall be performed in accordance with the plans, specifications, and
other provisions of the contract. All the above improvements are to be
constructed in a workmanlike manner, leaving the entire project in a neat and
presentable condition. Refer to Sections 3000 and 4000 for more
information.
This project shall be completed within 90 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 8:00 A.M., Thursday, March 13, 2025. The pre-
bid conference will be held at City of La Quinta, City Hall located at 78-495 Calle
Tampico, La Quinta, California 92253.
IMPORTANT NOTICE: This project is partially funded by federal funds under Federal
Project No. HIPL-5433(021). As such, all contractors and subcontractors must comply with
applicable federal requirements. Specific federal provisions relevant to this project are
outlined in Exhibit A of the Contract Documents. Bidders are encouraged to review this
exhibit carefully to ensure compliance with all federal regulations.
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.
The project is partially funded with Federal Surface Transportation funds. As such, the
Contractor and Sub-Contractors shall comply with the Davis-Bacon Fair Labor Standards
Act (23 USC 113), and the implementation regulations issued pursuant thereto (29 CFR
Parts 1, 3, and 5) and any amendments thereof. Pursuant to the said regulations, the
Federal Prevailing Wage General Decision CA20250025 Modification No. 5, dated
February 28, 2025 herewith attached in Section 1300 Contract. However, the most recent
Federal Prevailing Wage Decision in effect for Riverside County within 10 days of the bid
opening shall be used.
Invitation to Bid 1100-3
Bidders shall promptly notify the City, in writing, about all the classifications of labor not
listed in the prevailing wage determinations but necessary for the performance of the Work,
before bids are submitted.
Bidders are advised that, as required by federal law, the City of La Quinta is implementing
Disadvantaged Business Enterprise requirements for Disadvantaged Business Enterprises
(DBE). Section 1300, "Contract," under subsection titled "Disadvantaged Business
Enterprises (DBE)" and subsection titled "Performance of Subcontractors" of these special
provisions cover the DBE requirements. The DBE Contract goal is nineteen percent
(19%).
Pursuant to Public Contract Code Section 22300, for monies earned by the Contractor and
withheld by the City to ensure the performance of the Contract, the Contractor may, at its
option, choose to substitute securities meeting the requirements of said Public Contract
Code Section 22300.
Affirmative action to ensure against discrimination in employment practices on the basis of
race, religion, sex, color, national origin, age, or disability will also be required. The City
hereby affirmatively ensures that minority business enterprises will be afforded full
opportunity to submit bids in response to this notice and will not be discriminated against on
the basis of race, religion, sex, color, national origin, age, or disability in any consideration
leading to the award of contract.
The Contractor and Sub-Contractors shall comply with “Buy America” requirements (23
USC 313), and the implementing regulations issued pursuant thereto (23 CFR Section
635.410) and any amendments thereof.
All bidders shall be licensed under the provisions of Chapter 9, Division 3 of the Business
and Professions Code of the State of California to do the type of work contemplated in the
project. In accordance with provisions of California Public Contract Code Section 3300, the
City has determined that the General Contractor shall possess a valid Class A (General
Engineering Contractor), at the time that the bid is submitted. Subcontractors shall
possess valid, suitable licenses for the work they will perform. Failure to possess the
specified license(s) shall render the bid as non-responsive.
The successful bidder will be required to furnish a Labor and Materials bond in the amount
equal to one hundred percent (100%) of the Contract price, as well as a Faithful
Performance Bond, in the amount equal to one hundred percent (100%) of the Contract
price.
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.
Invitation to Bid 1100-4
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**
3/5/2025
Instruction to Bidders 1110-1
SECTION 1110
INSTRUCTIONS TO BIDDERS
1.0 WORK TO BE DONE
It is the intention of the City to construct improvements as shown and set forth on the plans
and detailed drawings, and in the particular locations shown on the drawings. All of the
work is particularly set forth in the plans and specifications, and all of said work, together
with all other work incidental thereto, is included.
The work includes the furnishing of all labor, materials, incidentals and equipment
necessary for City Project No. 2022-25 Federal Project No. HIPL-5433(021), Highway
111 Resurfacing Project, 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 Ayon, 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 Areas. 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:
City Project No. 2022-25
Federal Project No. HIPL-5433(021)
HIGHWAY 111 RESURFACING PROJECT
CITY OF LA QUINTA, CALIFORNIA
Envelope to be opened on:
March 27, 2025 @ 11:00 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 GUARANTY
The bid form shall be accompanied by a bid guaranty bond provided by a guaranty
company authorized to carry on business in the State of California for payment to the City
in the sum of at least ten (10) percent of the total amount of the bid price, or, alternatively,
by a certified or cashier's check, payable to the City in the sum of at least ten (10) percent
of the total amount of the bid price. The bid guarantee bond shall be provided on the form
included in Section 1220, BID GUARANTY BOND, of this Project Document. The amount
payable to the City under the bid guaranty bond, or the certified or cashier's check and the
amount thereof, as the case may be, shall be forfeited to the City as liquidated damages in
case of a failure or neglect of the bidder to furnish, execute, and deliver to the City the
required performance and payment bonds evidences of insurance; and to enter into,
execute, and deliver to the City the Contract on the form provided herewith, within ten (10)
calendar days after receiving written notice from the City that the award has been made
and the Contract is ready for execution.
The City shall retain all bid security until a contract has been executed or until the City
Council rejects all bids at which time all bid security not forfeited shall be returned to the
appropriate bidders.
16.0 QUALIFICATION OF BIDDER
Pursuant to Public Contract Code Section 20103.5, the Contractor must be properly
licensed as a contractor from contract award through contract acceptance.
Each bidder shall complete and submit with their bid Section 1230, CERTIFICATION OF
BIDDER'S EXPERIENCE AND QUALIFICATIONS.
Upon the request of City, any bidder whose bid is under consideration for the award of the
Contract shall promptly submit satisfactory evidence showing the bidder's financial
resources, its construction experience, and its organization's availability for the
performance of the Contract.
The bidder may be required to establish to the satisfaction of the City the reliability and
responsibility of the persons or entities proposed to furnish and perform the work described
in the Documents.
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 1110-17.0,
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 $859.00, 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.
Instruction to Bidders 1110-10
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).
(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.
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 City Project No. 2022-25, Federal Project No. HIPL-5433(021), Highway 111
Resurfacing Project, and will contract with the City, on the form of Contract provided
herewith, to do everything required for the fulfillment of the contract for said work at the
prices and on the terms and conditions herein contained.
We have included the following items and agree that they shall form a part of this bid:
SECTION TITLE
1200 Bid
1210 Bid Schedule
1220 Bid Guaranty Bond
1230 Certification of Bidder's Experience and Qualifications
1240 Proposed Subcontractors
1250 Non-Collusion Affidavit
1260 DIR Project Vendor Information
1270 Federal Requirements Forms for Federal-Aid Construction Projects (The DBE
and subcontractor listings are to be submitted by the 5th calendar day after bid
openings all bidders)
1280 Iran Contracting Act of 2010
1290 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
City Project No. 2022-25
Federal Project No. HIPL-5433(021)
HIGHWAY 111 RESURFACING PROJECT
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
To Whom It May Concern:
Pursuant to the Invitation to Bid, and in accordance with the provisions therein stated, the
undersigned hereby proposes and agrees that on award by the City under this Bid, to
execute a Contract, with necessary bonds, to furnish and install any and all labor, materials,
transportation and services for City Project No. 2022-25, Federal Project No. HIPL-
5433(021), Highway 111 Resurfacing Project 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 Areas.
Unit prices in each and every case represent the true unit price used in preparing the bid
schedule totals (Bid Form). Unit prices listed herein include material, installation and
appurtenant work as is necessary to have the item complete and in place meeting the full
intent of the plans and specifications. Furthermore, this project has broken down the Base
Bid areas according to project funding requirements, therefore several of the same bid
items have been split between the Base Bid Area.
BASE BID AREA – HIGHWAY 111 RESURFACING PROJECT:
BASE BID #1; FEDERAL PARTICIPATING
Item
No. Item Description Est.
Qty. Unit
Unit Price
(in figures)
Dollars
Item Total
(in figures)
Dollars
1 Mobilization 1 LS $ $
2 Traffic Control 1 LS $ $
3 Dust Control 1 LS $ $
4 Earthwork 1 LS $ $
Bid Schedule 1210-2
BASE BID #1; FEDERAL PARTICIPATING
Item
No. Item Description Est.
Qty. Unit
Unit Price
(in figures)
Dollars
Item Total
(in figures)
Dollars
5
Sawcut, Remove, and
Dispose of Existing
Concrete Curb; and Curb &
Gutter
920 LF $ $
6
Sawcut, Remove, and
Dispose of Existing
Concrete Pavement,
Sidewalk, Cross-Gutter,
Ramp, and Bus Turnout
18,900 SF $ $
7
Construct Curb and Gutter
per City of La Quinta Std.
No. 202, 3” Dowel into
Adjacent Existing Concrete
Curb and Gutter
30 LF $ $
8
Construct Cross-Gutter per
City of La Quinta Std. No.
230 Mod. and 231 Mod.
4,935 SF $ $
9
Construct Sidewalk per City
of La Quinta Std. No. 240
Mod.
980 SF $ $
10
Construct Concrete Curb
Ramp per City of La Quinta
Std. No. 250 Mod., Case A
or F (Including Curb or Curb
and Gutter along Ramp)
16 EA $ $
11
Construct Concrete Curb
Ramp per City of La Quinta
Std. No. 250 Mod., Case C
(Including Curb or Curb and
Gutter along Ramp)
4 EA $ $
12
Sawcut, Remove, and
Dispose of Existing
Concrete Ramp; Furnish
and Install Truncated Dome
Concrete Tile per City of La
Quinta Std. 250 Mod.
50 SF $ $
13
Construct Concrete
Passageway per
CALTRANS Std. A88B
Mod.; Type B
1 EA $ $
Bid Schedule 1210-3
BASE BID #1; FEDERAL PARTICIPATING
Item
No. Item Description Est.
Qty. Unit
Unit Price
(in figures)
Dollars
Item Total
(in figures)
Dollars
14
Construct PCC Bus Pad per
City of La Quinta Std. 650
Mod.
3,695 SF $ $
15
Remove and Reconstruct
Ex. Portion of Catch Basin
and Local Depression per
City of La Quinta Std. 300,
330, and per Plan
1 LS $ $
16 2” Grind and Asphalt
Concrete Overlay 16,740 SF $ $
17*
Pulverize 13” of Road
Section – Three Step
Process
1,084,980 SF $ $
18
Construct 5.5” Asphalt
Concrete Over Pulverized
Base
1,085,300 SF $ $
19
Grade Parkway, Remove,
Modify, and Replace
Landscape and Irrigation in
Kind to Furthest Extent
Possible to Join Proposed
Curb Ramp
1 LS $ $
20
Remove and Relocate
Existing PPB and PPB Post
per CALTRANS Std. ES-7A
6 EA $ $
21
Salvage to City Existing Pull
Box and Furnish and Install
New No. 6(T) Traffic Pull
Box per CALTRANS Std.
Plan ES-8B
34 EA $ $
22 Lower and Raise Storm
Drain Manhole 14 EA $ $
23 Signing and Striping,
Including All Incidentals 1 LS $ $
Total Amount of Bid Items 1 – 23 $
* - Bid Item considered Specialty Work
Bid Schedule 1210-4
GRAND TOTAL BASE BID (Figures):
$
GRAND TOTAL BASE BID (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. 2022-25
Federal Project No. HIPL-5433(021)
HIGHWAY 111 RESURFACING PROJECT
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
, 2025.
Title of Signatory Title of Signatory
Signature of Principal Signature of Surety
Address Email Address
Note: Signatures of those executing for the surety must be properly acknowledged.
Certification of Bidder’s Experience and Qualifications 1230-1
SECTION 1230
CERTIFICATION OF BIDDER'S EXPERIENCE AND QUALIFICATIONS
The undersigned Bidder certifies that he is, at the time of bidding, and shall be, throughout
the period of the contract, licensed under the provisions of Chapter 9, Division 3, of the
Business and Professions Code of the State of California, to do the type of work
contemplated in the Contract Documents. Bidder shall further certify that it is skilled and
regularly engaged in the general class and type of work called for in the Contract
Documents.
The Bidder represents that it is competent, knowledgeable, and has special skills on the
nature, extent, and inherent conditions of the work to be performed. Bidder further
acknowledges that there are certain peculiar and inherent conditions existent in the
construction of the particular facilities, which may create, during the construction program,
unusual or peculiar unsafe conditions hazardous to persons and property. Bidder expressly
acknowledges that it is aware of such peculiar risks and that it has the skill and experience
to foresee and to adopt protective measures to adequately and safely perform the
construction work with respect to such hazards.
The Bidder shall list below four (4) projects completed in the last seven (7) years of similar
size and complexity that indicate the Bidder's experience as a General Contractor.
1. Project Name: _____________________________________________________
Owner: ____________________________________________________________
Construction Cost: $_________________________________________________
Construction Time: _____________________________Calendar Days: _______
Owner's Representative: _____________________________________________
Owner's Telephone No.: _____________________________________________
Date of Substantial Completion: _______________________________________
2. Project Name: _____________________________________________________
Owner: ____________________________________________________________
Construction Cost: $_________________________________________________
Construction Time: _____________________________Calendar Days: _______
Owner's Representative: _____________________________________________
Owner's Telephone No.: _____________________________________________
Date of Substantial Completion: _______________________________________
Certification of Bidder’s Experience and Qualifications 1230-2
3. Project Name: _____________________________________________________
Owner: ____________________________________________________________
Construction Cost: $_________________________________________________
Construction Time: _____________________________Calendar Days: _______
Owner's Representative: _____________________________________________
Owner's Telephone No.: _____________________________________________
Date of Substantial Completion: _______________________________________
4. Project Name: ______________________________________________________
Owner: ____________________________________________________________
Construction Cost: $_________________________________________________
Construction Time: _____________________________Calendar Days: _______
Owner's Representative: _____________________________________________
Owner's Telephone No.: _____________________________________________
Date of Substantial Completion: _______________________________________
Signed this day of , 2025.
Name of Bidder Contractor's License No. Expiration Date
Signature of Bidder DIR Reg No.
Printed Name of Bidder Title of Signatory
Proposed Subcontractors 1240-1
SECTION 1240
PROPOSED SUBCONTRACTORS
Pursuant to California Public Contracting Code, Section 4100 et. seq., the following list
gives the name, business address, and portion of work (description of work to be done) for
each subcontractor that will be used in the work if the bidder is awarded the Contract.
(Additional supporting data may be attached to this page. Each page shall be sequentially
numbered and headed "Proposed Subcontractors" and shall be signed.)
The Contractor shall perform, with its own organization, Contract work amounting to at
least 50 percent of the Contract Price except that any designated “Specialty Items” may
be performed by subcontract and the amount of any such “Specialty Items” so performed
will be deducted from the Contract Price before computing the amount required to be
performed by the Contractor with its own organization. “Specialty Items” will be identified
by the Agency in the Bid or in the Special Provisions. Where an entire item is
subcontracted, the value of work subcontracted will be based on the Contract Unit Price.
Subcontractor/Business Address/Description of Work/% of Work/License No./DIR Reg No.
Signature of Bidder
Name of Bidder
Non-Collusion Affidavit 1250-1
SECTION 1250
NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED
WITH BID
State of California )
) ss.
County of )
, being first duly sworn, deposes and say that he or she
is of , the party making the
foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed
person, partnership, company, association, organization, or corporation; that the bid is
genuine and not collusive or sham; that the bidder has not directly or indirectly induced or
solicited any other bidder to put in a false or sham bid, and has not directly or indirectly
colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham
bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly
or indirectly sought by contract, agreement, communication, or conference with anyone to
fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost
element of the bid price, or of that of any other bidder, or to secure any advantage against
the public body awarding the contract of anyone interested in the proposed contract; that
all statements contained in the bid are true; and, further, that the bidder has not, directly or
indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof,
or divulged information or data relative thereto, or paid, and will not pay, any fee to any
corporation, partnership, company association, organization, bid depository, or to any
member or agent thereof to effectuate a collusive or sham bid.
Signature
Name of Bidder
Title
Date
DIR Project Vendor Information 1260-1
SECTION 1260
DIR Project Vendor Information
Vendor Information:
Name:________________________________________________________________
Address:_______________________________ City:_______________ ST:________
Zip:________
Project Manager:________________________Email:___________________________
Phone:_______________________ CSLB/Certification Number: _________________
Public Works Registration No.:_____________________________________________
Classification:
Asbestos ____Boilermaker ____Bricklayers ____Carpenter ____Carpet/Linoleum ____
Cement Masons ____ Drywall Finisher ____ Drywall/Lathers ____ Electricians _____
Elevator Mechanic ____Glaziers ____Iron Workers ____Laborers ____Millwrights ____
Operating Eng ____ Painters ____ Pile Drivers ____ Pipe Trades ____ Plasterers ____
Roofer____SheetMetal____Sound/Com___Surveyor____Teamster___Tile Worker____
Prevailing Wages and Payroll:
The project is subject to prevailing wage rates and enforcement by the Department of
Industrial Relations (DIR). Prevailing wage rates can be obtained at:
http://www.dir.ca.gov/Public-Works/Prevailing-Wage.html.
Contractors and subcontractors on most public Works projects are required to submit
certified payroll records to the Labor Commissioner using DIR’s electronic certified payroll
reporting system. For your convenience, the link for reporting certified payroll is:
http://www.dir.ca.gov/Public-Works/Certified-Payroll-Reporting.html.
A copy of certified payroll, including the names and addresses of employees and/or
subcontractors working on the job must be included with invoices submitted to the
City of La Quinta.
Federal Requirements Forms for Federal-Aid Construction Projects 1270-1
Equal Employment Opportunity Certification
SECTION 1270
FEDERAL REQUIREMENTS FORMS FOR FEDERAL-AID CONSTRUCTION
PROJECTS
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder_____________________________________________________________,
proposed subcontractor _______________________________________________,
hereby certifies that he has ______ , has not , participated in a previous contract
or subcontract subject to the equal opportunity clauses, as required by Executive Orders
10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting
Committee, the Director of the Office of Federal Contract Compliance, a Federal
Government contracting or administering agency, or the former President's Committee
on Equal Employment Opportunity, all reports due under the applicable filling
requirements.
Note: The above certification is required by the Equal Employment Opportunity
Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be
submitted by bidders and proposed subcontractors only in connection with
contracts and subcontracts which are subject to the equal opportunity clause.
Contracts and subcontracts which are exempt from the equal opportunity clause
are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of
$10,000 or under are exempt.)
Currently, Standard Form 100 (EEO-1) is the only report required by the Executive
Orders or their implementing regulations.
Proposed prime contractors and subcontractors who have participated in a previous
contract or subcontract subject to the Executive Orders and have not filed the required
reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and
subcontracts unless such contractor submits a report covering the delinquent period or
such other period specified by the Federal Highway Administration or by the Director,
Office of Federal Contract Compliance, U.S. Department of Labor.
Federal Requirements Forms for Federal-Aid Construction Projects 1270-2
Public Contract Code Certification
PUBLIC CONTRACT CODE
Public Contract Code Section 10285.1 Statement
In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985),
the bidder hereby declares under penalty of perjury under the laws of the State of
California that the bidder has ___ , has not ___ been convicted within the preceding three
years of any offenses referred to in that section, including any charge of fraud, bribery,
collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in
connection with the bidding upon, award of, or performance of, any public works contract,
as defined in Public Contract Code Section 1101, with any public entity, as defined in
Public Contract Code Section 1100, including the Regents of the University of California
or the Trustees of the California State University. The term "bidder" is understood to
include any partner, member, officer, director, responsible managing officer, or
responsible managing employee thereof, as referred to in Section 10285.1.
Note: The bidder must place a checkmark after "has" or "has not" in one of the blank
spaces provided. The above Statement is part of the Proposal. Signing this
Proposal on the signature portion thereof shall also constitute signature of this
Statement.
Bidders are cautioned that making a false certification may subject the certifier to
criminal prosecution.
Public Contract Code Section 10162 Questionnaire
In conformance with Public Contract Code Section 10162, the Bidder shall complete,
under penalty of perjury, the following questionnaire:
Has the bidder, any officer of the bidder, or any employee of the bidder who has a
proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented
from bidding on, or completing a federal, state, or local government project because of a
violation of law or a safety regulation?
Yes _____ No _____
If the answer is yes, explain the circumstances in the following space.
Federal Requirements Forms for Federal-Aid Construction Projects 1270-3
Public Contract Code Certification
Public Contract Code 10232 Statement
In conformance with Public Contract Code Section 10232, the Contractor, hereby states
under penalty of perjury, that no more than one final unappealable finding of contempt of
court by a federal court has been issued against the Contractor within the immediately
preceding two-year period because of the Contractor's failure to comply with an order of
a federal court which orders the Contractor to comply with an order of the National Labor
Relations Board.
Note: The above Statement and Questionnaire are part of the Proposal. Signing this
Proposal on the signature portion thereof shall also constitute signature of this
Statement and Questionnaire.
Bidders are cautioned that making a false certification may subject the certifier to criminal
prosecution.
Federal Requirements Forms for Federal-Aid Construction Projects 1270-4
Debarment and Suspension Certification
DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any
other person associated therewith in the capacity of owner, partner, director, officer,
manager:
• is not currently under suspension, debarment, voluntary exclusion, or
determination of ineligibility by any Federal agency;
• has not been suspended, debarred, voluntarily excluded or determined
ineligible by any Federal agency within the past 3 years;
• does not have a proposed debarment pending; and
• has not been indicted, convicted, or had a civil judgment rendered against
it by a court of competent jurisdiction in any matter involving fraud or official
misconduct within the past 3 years.
If there are any exceptions to this certification, insert the exceptions in the following space.
Exceptions will not necessarily result in denial of award but will be considered in
determining bidder responsibility. For any exception noted above, indicate below to
whom it applies, initiating agency, and dates of action.
Notes: Providing false information may result in criminal prosecution or administrative
sanctions.
The above certification is part of the Proposal. Signing this Proposal on the
signature portion thereof shall also constitute signature of this Certification.
Federal Requirements Forms for Federal-Aid Construction Projects 1270-5
Non-Lobbying Certification for Federal-Aid Contracts
NON-LOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS
The prospective participant certifies, by signing and submitting this bid or proposal, to the
best of his or her knowledge and belief, that:
(l) No Federal appropriated funds have been paid or will be paid, by or on
behalf of the undersigned, to any person for influencing or attempting to
influence an officer or employee of any Federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or
employee of any Federal agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-
LLL, "Disclosure of Lobbying Activities," in conformance with its instructions.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code.
Any person who fails to file the required certification shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he
or she shall require that the language of this certification be included in all lower tier
subcontracts, which exceed $100,000 and that all such sub-recipients shall certify and
disclose accordingly.
Federal Requirements Forms for Federal-Aid Construction Projects 1270-6
Disclosure of Lobbying Activities
DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURUSUANT TO 31 USC 1352
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
☐ a. contract ☐ a. bid/offer/application ☐ a. initial
☐ b. grant ☐ b. initial award ☐ b. material change
☐ c. cooperative agreement ☐ c. post-award
☐ d. loan For Material Change Only:
☐ e. loan guarantee year quarter
☐ f. loan insurance date of last report
4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee,
Enter Name and Address of Prime:
☐ Prime ☐ Subawardee
Tier , if known
Congressional District, if known Congressional District, if known
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number, if applicable
8. Federal Action Number, if known: 9. Award Amount, if known:
10. Name and Address of Lobby Entity 11. Individuals Performing Services
(If individual, last name, first name, MI) (including address if different from No. 10)
(last name, first name, MI)
(attach Continuation Sheet(s) if necessary)
12. Amount of Payment (check all that apply) 14. Type of Payment (check all that apply)
$ ☐ actual ☐ planned ☐ a. retainer ☐ b. one-time fee
13. Form of Payment (check all that apply): ☐ c. commission
☐ a. cash ☐ d. contingent fee
☐ b. in-kind; specify: Nature ☐ e. deferred
Value ☐ f. other, specify
15. Brief Description of Services Performed or to be performed and Date(s) of Service, including
officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 12:
(attach Continuation Sheet(s) if necessary)
16. Continuation Sheet(s) attached: ☐ Yes ☐ No
17. Information requested through this form is authorized by
Title 31 U.S.C. Section 1352. This disclosure of lobbying
reliance was placed by the tier above when his
transaction was made or entered into. This disclosure is
required pursuant to 31 U.S.C. 1352. This information will
be reported to Congress semiannually and will be
available for public inspection. Any person who fails to
file the required disclosure shall be subject to a civil
penalty of not less than $10,000 and not more than
$100,000 for each such failure.
Signature:
Print Name:
Title:
Telephone No.: Date:
Authorized for Local Reproduction
Federal Use Only: Standard Form - LLL
Standard Form LLL Rev. 09-12-97
Federal Requirements Forms for Federal-Aid Construction Projects 1270-7
Disclosure of Lobbying Activities
INSTRUCTIONS FOR COMPLETION OF SF-LLL,
DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient at the
initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section
1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or
employee of Congress or an employee of a Member of Congress in connection with a covered federal action. Attach
a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply
for both the initial filing and material change report. Refer to the implementing guidance published by the Office of
Management and Budget for additional information.
1. Identify the type of covered federal action for which lobbying activity is or has been secured to influence, the
outcome of a covered federal action.
2. Identify the status of the covered federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to
the information previously reported, enter the year and quarter in which the change occurred. Enter the date of
the last, previously submitted report by this reporting entity for this covered federal action.
4. Enter the full name, address, city, state, and zip code of the reporting entity. Include Congressional District if
known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime
or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier.
Subawards include but are not limited to: subcontracts, subgrants, and contract awards under grants.
5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state,
and zip code of the prime federal recipient. Include Congressional District, if known.
6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization
level below agency name, if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full
Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan
commitments.
8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g.,
Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract
grant. or loan award number, the application/proposal control number assigned by the federal agency). Include
prefixes, e.g., "RFP-DE-90-001."
9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter
the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, state, and zip code of the lobbying entity engaged by the reporting entity
identified in Item 4 to influence the covered federal action.
(b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a).
Enter Last Name, First Name and Middle Initial (Ml).
11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (Item 4) to the
lobbying entity (Item 10). Indicate whether the payment has been made (actual) or will be made (planned).
Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or
planned to be made.
12. Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of
the in-kind payment.
13. Check all boxes that apply. If other, specify nature.
14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to
perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent
in actual contact with federal officials. Identify the federal officer(s) or employee(s) contacted or the officer(s)
employee(s) or Member(s) of Congress that were contacted.
15. Check whether or not a continuation sheet(s) is attached.
16. The certifying official shall sign and date the form, and print his/her name title and telephone number.
Public reporting burden for this collection of information is estimated to average 30-minutes per response, including
time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. Send comments regarding the burden estimate or any other
aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management
and Budget, Paperwork Reduction Project (0348 0046), Washington, D.C. 20503. SF-LLL-Instructions Rev. 06-04-90
Federal Requirements Forms for Federal-Aid Construction Projects 1270-8
Exhibit 15-G Construction Contract DBE Commitment
EXHIBIT 15-G CONSTRUCTION CONTRACT DBE COMMITMENT
1. Local Agency: City of La Quinta 2. Contract DBE Goal: 19%
3. Project Description: Rehabilitate asphalt pavement on Highway 111 in La Quinta from Monte Sereno Drive to Jefferson Street
4. Project Location: In the City of La Qunita on Highway 111 from Monte Sereno Drive to Jefferson Street
5. Bidder's Name: 6. Prime Certified DBE: 7. Bid Amount:
8. Total Dollar Amount for ALL Subcontractors: 9. Total Number of ALL Subcontractors:
10. Bid
Item
Number
11. Description of Work, Service, or
Materials Supplied
12. NAICS or
Work
Category
Codes
13. DBE
Certification
Number
14. DBE Contact Information
(Must be certified on the date bids are
opened)
15. DBE
Dollar
Amount
Local Agency to Complete this Section upon Execution of Award 16. TOTAL CLAIMED DBE PARTICIPATION $ 22. Local Agency Contract Number:
23. Federal-Aid Project Number: % 24. Bid Opening Date:
25. Contract Award Date:
IMPORTANT: Identify all DBE firms being claimed for credit, regardless of
tier. Names of the First Tier DBE Subcontractors and their respective
item(s) of work listed above must be consistent, where applicable with the
names and items of the work in the "Subcontractor List" submitted with your
bid. Written confirmation of each listed DBE is required.
26. Award Amount:
Local Agency certifies that all DBE certifications are valid and
information on this form is complete and accurate.
28. Date
30. Phone
27. Local Agency Representative’s Signature 17. Preparer’s Signature 18. Date
29. Local Agency Representative’s Name 19. Preparer’s Name 20. Phone
31. Local Agency Representative’s Title 21. Preparer’s Title
Standard Form Rev. 01-05-23
DISTRIBUTION: 1. Original – Local Agency
2. Copy – Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution
may result in de-obligation of federal funds on contract.
3. Include additional copy with award package
Federal Requirements Forms for Federal-Aid Construction Projects 1270-9
Exhibit 15-G Construction Contract DBE Commitment
INSTRUCTIONS – CONSTRUCTION CONTRACT DBE COMMITMENT
CONTRACTOR SECTION
1. Local Agency - Enter the name of the local agency that is administering the contract. 2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement.
3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab,
Seismic Rehab, Overlay, Widening, etc). 4. Project Location - Enter the project location(s) as it appears on the project advertisement. 5. Bidder’s Name - Enter the contractor’s firm name. 6. Prime Certified DBE - Check box if prime contractor is a certified DBE. 7. Bid Amount - Enter the total contract bid dollar amount for the prime contractor.
8. Total Dollar Amount for ALL Subcontractors – Enter the total dollar amount for all subcontracted contractors.
SUM = (DBEs + all Non-DBEs). Do not include the prime contractor information in this count.
9. Total number of ALL subcontractors – Enter the total number of all subcontracted contractors. SUM = (DBEs +
all Non-DBEs). Do not include the prime contractor information in this count. 10. Bid Item Number - Enter bid item number for work, services, or materials supplied to be provided.
11. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be
provided. Indicate all work to be performed by DBEs including work performed by the prime contractor’s own
forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the
exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the
participation of DBE firms.
12. NAICS or Work Category Codes - Enter NAICS or Work Category Codes from the California Unified Certification
Program database.
13. DBE Certification Number - Enter the DBE’s Certification Identification Number. All DBEs must be certified on
the date bids are opened.
14. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted contractors.
Also, enter the prime contractor’s name and phone number, if the prime is a DBE.
15. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be
provided. Include the prime contractor if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial
participation. 16. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the “DBE Dollar Amount” column.
%: Enter the total DBE participation claimed (“Total Claimed DBE Participation Dollars” divided by item “Bid Amount”).
If the total % claimed is less than item “Contract DBE Goal,” an adequately documented Good Faith Effort (GFE) is
required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM).
17. Preparer’s Signature - The person completing the DBE commitment form on behalf of the contractor’s firm must
sign their name. 18. Date - Enter the date the DBE commitment form is signed by the contractor’s preparer. 19. Preparer’s Name - Enter the name of the person preparing and signing the contractor’s DBE commitment form. 20. Phone - Enter the area code and phone number of the person signing the contractor’s DBE commitment form.
21. Preparer’s Title - Enter the position/title of the person signing the contractor’s DBE commitment form.
LOCAL AGENCY SECTION
22. Local Agency Contract Number - Enter the Local Agency contract number or identifier. 23. Federal-Aid Project Number - Enter the Federal-Aid Project Number(s). 24. Bid Opening Date - Enter the date contract bids were opened. 25. Contract Award Date - Enter the date the contract was executed. 26. Award Amount – Enter the contract award amount as stated in the executed contract.
27. Local Agency Representative’s Signature - The person completing this section of the form for the Local Agency
must sign their name to certify that the information in this and the Contractor Section of this form is complete and
accurate. 28. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative.
29. Local Agency Representative’s Name - Enter the name of the Local Agency Representative certifying the
contractor’s DBE commitment form. 30. Phone - Enter the area code and phone number of the person signing the contractor’s DBE commitment form.
31. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the
contractor’s DBE commitment form.
Federal Requirements Forms for Federal-Aid Construction Projects 1270-10
Exhibit 15-H DBE Information – Good Faith Efforts
EXHIBIT 15-H: Proposer/Contractor Good Faith Efforts
Federal-aid Project No.: HIPL-5433(021) Bid Opening Date:
The City of La Quinta established a Disadvantaged Business Enterprise (DBE) goal of
19% for this contract. The information provided herein shows the required good faith
efforts to meet or exceed the DBE contract goal.
Proposers or bidders submit the following information to document their good faith efforts
within five (5) calendar days from bid opening. Proposers and bidders are
recommended to submit the following information even if the Exhibit 10-O1: Consultant
Proposal DBE Commitments or Exhibit 15-G: Construction Contract DBE Commitment
indicate that the proposer or the bidder has met the DBE goal. This form protects the
proposer’s or the bidder’s eligibility for award of the contract if the administering agency
determines that the bidder failed to meet the goal for various reasons, e.g., a DBE firm
was not certified at bid opening, or the bidder made a mathematical error.
The following items are listed in the Section entitled “Submission of DBE Commitment”
of the Special Provisions, please attach additional sheets as needed:
A. The names and dates of each publication in which a request for DBE participation
for this project was placed by the bidder (please attach copies of advertisements
or proofs of publication):
Publications Dates of
Advertisement
B. The names and dates of written notices sent to certified DBEs soliciting bids for
this project and the dates and methods used for following up initial solicitations to
determine with certainty whether the DBEs were interested (please attach copies
of solicitations, telephone records, fax confirmations, etc.):
Names of DBEs Solicited Date of Initial
Solicitation Follow Up Methods and Dates
Federal Requirements Forms for Federal-Aid Construction Projects 1270-11
Exhibit 15-H DBE Information – Good Faith Efforts
C. The items of work made available to DBE firms including those unbundled contract
work items into economically feasible units to facilitate DBE participation. It is the
bidder’s responsiblitiy to demonstrate that sufficient work to facilitate DBE
participation in order to meet or exceed the DBE contract goal.
Items of Work
Bidder
Normally
Performs Item
(Y/N)
Breakdown
of Items
Amount
($)
Percentage
Of
Contract
D. The names, addresses and phone numbers of rejected DBE firms, the reasons for
the bidder's rejection of the DBEs, the firms selected for that work (please attach
copies of quotes from the firms involved), and the price difference for each DBE if
the selected firm is not a DBE:
Names, addresses and phone numbers of rejected DBEs and the reasons for the
bidder's rejection of the DBEs:
Names, addresses and phone numbers of firms selected for the work above:
Federal Requirements Forms for Federal-Aid Construction Projects 1270-12
Exhibit 15-H DBE Information – Good Faith Efforts
E. Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs
in obtaining information related to the plans, specifications and requirements for
the work which was provided to DBEs:
F. Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs in
obtaining bonding, lines of credit or insurance, necessary equipment, supplies,
materials or related assistance or services, excluding supplies and equipment the
DBE subcontractor purchases or leases from the prime contractor or its affiliate:
G. The names of agencies, organizations or groups contacted to provide assistance
in contacting, recruiting and using DBE firms (please attach copies of requests to
agencies and any responses received, i.e., lists, Internet page download, etc.):
Name of Agency/Organization Method/Date of Contact Results
H. Any additional data to support a demonstration of good faith efforts:
Federal Requirements Forms for Federal-Aid Construction Projects 1270-13
Exhibit 12-B Bidder’s List of Subcontractors (DBE and Non-DBE)
Exhibit 12-B Bidder’s List of Subcontractor (DBE and Non-DBE) - Part 1
As of March 1, 2015, Contractors (and sub-contractors) wishing to bid on public works contracts shall be registered with the State Division of Industrial Relations and
certified to bid on Public Works contracts. Please register at: https://www.dir.ca.gov/Public-Works/Contractor-Registration.html. The City will verify registration of all
contractors and subcontractors on public works projects at bid and thereafter annually to assure that yearly registration is maintained throughout the life of the project.
In accordance with Title 49, Section 26.11 of the Code of Federal Regulations, and Section 4104 of the Public Contract Code of the State of California, as amended, the
following information is required for each sub-contractor who will perform work amounting to more than one half of one percent (0.5%) of the Total Base Bid or $10,000
(whichever is greater). Photocopy this form for additional firms. Federal Project Number: HIPL-5433(021)
Subcontractor Name and
Location
Line Item & Description Subcontract
Amount
Percentage
of Bid Item
Sub-
contracted
Contractor
License
Number
DBE
(Y/N)
DBE Cert
Number
Annual Gross Receipts
DIR Reg
Number
Name:
City, State:
<$1 million
<$5 million
<$10 million
<$15 million
Age of Firm: ___ yrs.
Name:
City, State:
<$1 million
<$5 million
<$10 million
<$15 million
Age of Firm: ___ yrs.
Name:
City, State:
<$1 million
<$5 million
<$10 million
<$15 million
Age of Firm: ___ yrs.
Name:
City, State:
<$1 million
<$5 million
<$10 million
<$15 million
Age of Firm: ___ yrs.
Name:
City, State:
<$1 million
<$5 million
<$10 million
<$15 million
Age of Firm: ___ yrs.
Name:
City, State:
<$1 million
<$5 million
<$10 million
<$15 million
Age of Firm: ___ yrs.
Distribution: 1) Original-Local Agency File 2) Copy-DLAE w/ Award Package
Federal Requirements Forms for Federal-Aid Construction Projects 1270-14
Exhibit 12-B Bidder’s List of Subcontractors (DBE and Non-DBE)
Exhibit 12-B Bidder’s List of Subcontractor (DBE and Non-DBE) - Part 2
In accordance with Title 49, Section 26 of the Code of Federal Regulations, the Bidder shall list all subcontractor who provide a quote or bid but were not
selected to participate as a subcontractor on this project. Photocopy this form for additional firms. Federal Project Number: HIPL-5433(021)
Subcontractor Name and
Location
Line Item & Description Subcontract
Amount
Percentage
of Bid Item
Sub-
contracted
Contractor
License
Number
DBE
(Y/N)
DBE Cert
Number
Annual Gross Receipts
DIR Reg
Number
Name:
City, State:
<$1 million
<$5 million
<$10 million
<$15 million
Age of Firm: ___ yrs.
Name:
City, State:
<$1 million
<$5 million
<$10 million
<$15 million
Age of Firm: ___ yrs.
Name:
City, State:
<$1 million
<$5 million
<$10 million
<$15 million
Age of Firm: ___ yrs.
Name:
City, State:
<$1 million
<$5 million
<$10 million
<$15 million
Age of Firm: ___ yrs.
Name:
City, State:
<$1 million
<$5 million
<$10 million
<$15 million
Age of Firm: ___ yrs.
Name:
City, State:
<$1 million
<$5 million
<$10 million
<$15 million
Age of Firm: ___ yrs.
Distribution: 1) Original-Local Agency File 2) Copy-DLAE w/ Award Package
Iran Contracting Act Certification 1280-1
SECTION 1280
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 1280-2
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 1280-3
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 Sanction EO N-6-22 1290-1
SECTION 1290
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."
WITNESSETH:
In consideration of their mutual covenants, the parties hereto agree as follows:
1. Contractor shall furnish all necessary labor, material, equipment, transportation and services for
City Project No. 2022-25, Federal Project No. HIPL-5433(021), Highway 111 Resurfacing
Project in the City of La Quinta, California pursuant to the Invitation to Bid, dated March 2025, 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 90 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).
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.
Contract 1300-2
The Contractor and Sub-Contractors shall comply with the Davis-Bacon Fair Labor Standards Act
(23 USC 113), and the implementation regulations issued pursuant thereto (29 CFR Section 1, 3,
and 5) and any amendments thereof. The applicable wage rates in effect within 10 days of the bid
opening shall be used. These wage rates are available from the Wage Determinations Online’s
website at: https://sam.gov/search/. If a difference exists between the Prevailing rate established by
the State Department of Industrial Relations and the Federal Prevailing rates, the higher of the two
rates will be used.
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
https://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.
The latest Davis-Bacon prevailing wage rates in effect for this project are included in Exhibit B.
7. Concurrently with the execution of this Contract, Contractor shall furnish bonds of a surety
satisfactory to City, as provided in said Specifications or Invitation to Bid, the cost of which shall be
paid by Contractor.
8. Except for the gross negligence or willful misconduct of an Indemnified Party (as hereinafter
defined), the Contractor hereby assumes liability for and agrees to defend (at Indemnified Parties’
option), indemnify, protect and hold harmless City and its Project Consultants, and Engineers,
officers, agents, and employees (“Indemnified Parties”) from and against any and all claims,
charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses
(including counsel fees), judgments, civil fines and penalties, liabilities of any kind or nature
whatsoever, which may be sustained or suffered by or secured against the Indemnified Parties
arising out of or encountered in connection with this Contract or the performance of the Work
including, but not limited to, death of or bodily or personal injury to persons or damage to property,
including property owned by or under the care and custody of City, and for civil fines and penalties,
that may arise from or be caused, in whole or in part, by any negligent or other act or omission of
Contractor, its officers, agents, employees or Subcontractors including, but not limited to, liability
arising from:
1. Any dangerous, hazardous, unsafe or defective condition of, in or on the premises, of any
nature whatsoever, which may exist by reason of any act, omission, neglect, or any use
or occupation of the premises by Contractor, its officers, agents, employees, or
subcontractors;
2. Any operation conducted upon or any use or occupation of the premises by Contractor,
its officers, agents, employees, or subcontractors under or pursuant to the provisions of
this contract or otherwise;
Contract 1300-2
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
5. terms or conditions of this Contract or any applicable federal, state, regional, or municipal
law, ordinance, rule or regulation; and
6. The conditions, operations, uses, occupations, acts, omissions or negligence referred to
in Sub-subsections (1), (2), (3), and (4), existing or conducted upon or arising from the
use or occupation by Contractor on any other premises in the care, custody and control
of City.
The Contractor also agrees to indemnify City and pay for all damages or loss suffered by City
including but not limited to damage to or loss of City property, to the extent not insured by City and
loss of City revenue from any source, caused by or arising out of the conditions, operations, uses,
occupations, acts, omissions or negligence referred to in Sub-subsections (1), (2), (3), (4) and (5).
Contractor’s obligations under this Section apply regardless of whether or not such claim, charge,
damage, demand, action, proceeding, loss, stop notice, cost expense, judgment, civil fine or
penalty, or liability was caused in part or contributed to by an Indemnified Party. However, without
affecting the rights of City under any provision of this contract, Contractor shall not be required to
indemnify and hold harmless City for liability attributable to the active negligence of City, provided
such active negligence is determined by agreement between the parties or by the findings of a court
of competent jurisdiction. In instances where City is shown to have been actively negligent and
where City’s active negligence accounts for only a percentage of the liability involved, the obligation
of Contractor will be for that entire portion or percentage of liability not attributable to the active
negligence of City.
Contractor agrees to obtain executed indemnity agreements with provisions identical to those set
forth here in this section from each and every subcontractor or any other person or entity involved
by, for, with or on behalf of Contractor in the performance of this contract. In the event Contractor
fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully
responsible according to the terms of this section.
Failure of City to monitor compliance with these requirements imposes no additional obligations on
City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and
defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall
survive the termination of this contract or this section.
This indemnity shall survive termination of the Contract or Final Payment hereunder. This
Indemnity is in addition to any other rights or remedies that the Indemnified Parties may have under
the law or under any other Contract Documents or Agreements. In the event of any claim or
demand made against any party which is entitled to be indemnified hereunder, City may, in its sole
discretion, reserve, retain or apply any monies to the Contractor under this Contract for the purpose
of resolving such claims; provided, however, City may release such funds if the Contractor provides
City with reasonable assurance of protection of the Indemnified Parties’ interests. City shall, in its
sole discretion, determine whether such assurances are reasonable.
Approval of any insurance contracts by the City does not relieve the Contractor or subcontractors
from liability under Section 1340-1.0, Indemnification of the Specifications. The City will not be
liable for any accident, loss, or damage to the work prior to its completion and acceptance.
Contract 1300-3
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 furnish the City a Milestone Schedule within 10
days of the Notice of Award or with the return of this contract signed by the Contractor, whichever is
earlier, with a beginning date of 15 days after the Notice of Award as provided in said
Specifications, Section 4.2, Construction Schedule. Contractor shall pay to City $500.00 liquidated
damages per calendar day that the Milestone Schedule is not provided.
11. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or mechanic
employed in the execution of this Contract by said Contractor, or any subcontractor under it, upon
any of the work herein mentioned, for each calendar day during which such laborer, workman, or
mechanic is required or permitted to work at other than a rate of pay provided by law for more than
8 hours in any one calendar day and 40 hours in any one calendar week, in violation of the
provisions of Sections 1810-1815 of the Labor Code of the State of California.
12. In accepting this Contract, Contractor certifies that in the conduct of its business it does not
deny the right of any individual to seek, obtain and hold employment without discrimination because
of race, religious creed, color, national origin, ancestry, physical handicap, medical condition,
marital status, sex or age as provided in the California Fair Employment Practice Act (Government
Code Sections 12900, et seq.) Contractor agrees that a finding by the State Fair Employment
Practices Commission that Contractor has engaged during the term of this Contract in any unlawful
employment practice shall be deemed a breach of this Contract and Contractor shall pay to City
$1,607.00 liquidated damages for each such breach committed under this contract.
13. Contractor also agrees that for contracts in excess of $30,000 and more than 20
calendar days duration, that apprentices will be employed without discrimination in an
approved program in a ratio established in the apprenticeship standards of the craft
involved (Sections 1777.5 and 1777.6, Labor Code of California). Contractors who willfully
fail to comply will be denied the right to bid on public projects for a period of six months in
addition to other penalties provided by law.
14. This Contract shall not be assignable by Contractor without the written consent of City.
15. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is deemed
completed.
16. In accepting this Contract, Contractor certifies that no member or officer of the firm or
corporation is an officer or employee of the City except to the extent permitted by law.
17. Contractor certifies that it is the holder of any necessary California State Contractor's License
and authorized to undertake the above work.
Contract 1300-4
18. The City, or its authorized auditors or representatives, shall have access to and the right to
audit and reproduce any of the Contractor records to the extent the City deems necessary to insure
it is receiving all money to which it is entitled under the contract and/or is paying only the amounts
to which Contractor is properly entitled under the Contract or for other purposes relating to the
Contract.
19. The Contractor shall maintain and preserve all such records for a period of at least three years
after termination of the contract.
20. The Contractor shall maintain all such records in the City of La Quinta. If not, the Contractor
shall, upon request, promptly deliver the records to the City or reimburse the City for all reasonable
and extra costs incurred in conducting the audit at a location other than at City offices including, but
not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors,
travel, lodging, meals and overhead.
21. The further terms, conditions, and covenants of the Contract are set forth in the Contract
Documents, each of which is by this reference made a part hereof.
22. This Contract is funded with Federal-Aid Highway funds and is subject to provisions under
Title 23 of the United States Code (23 USC). As such, the Contractor agrees to comply with the
“Required Contract Provisions for Federal Aid Construction Contracts” inclusive of FHWA-1273 as
set forth in Exhibit A, and further agrees to insert the provisions, unaltered, into each subcontract
and further require their inclusion in all lower tier subcontracts, excluding purchase orders, rental
agreements, and other agreements for supplies or services.
**Remainder of Page Blank**
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
Contract 1300-2
EXHIBIT A
REQUIRED CONTRACT PROVISIONS FOR FEDERAL AID CONSTRUCTION
CONTRACTS
Contract 1300-3
1. DISADVANTAGED BUSINESS ENTERPRISES (DBE)
The contractor, subrecipient or subcontractor shall take necessary and reasonable steps to
ensure that DBEs have opportunity to participate in the contract (49 CFR 26). To ensure
equal participation of DBEs provided in 49 CFR 26.5, the Agency shows a contract goal for
DBEs. The prime contractor shall make work available to DBEs and select work parts
consistent with available DBE subcontractors and suppliers.
The prime contractor shall meet the DBE goal shown elsewhere in these special provisions
or demonstrate that they made adequate Good Faith Efforts (GFE) to meet this goal. An
adequate GFE means that the bidder must show that it took all necessary and reasonable
steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the
objective, could reasonably be expected to meet the DBE goal.
If the DBE goal is not met, the contractor needs to complete and submit the DBE GFE
documentation as described in Local Assistance Procedures Manual (LAPM) Chapter 9,
Section 9.8 within 5 (five) days of bid opening.
It is the prime contractor’s responsibility to verify that the DBE firm is certified as a DBE on
the date of bid opening by using the California Unified Certification Program (CUCP)
database and possesses the most specific available North American Industry Classification
System (NAICS) codes and Work Code applicable to the type of work the firm will perform
on the contract. Additionally, the prime contractor is responsible to document this verification
by printing out the CUCP data for each DBE firm. A list of DBEs certified by the CUCP can
be found at: https://dot.ca.gov/programs/civil-rights/dbe-search.
DBE participation will only count toward the California Department of Transportation’s
federally mandated statewide overall DBE goal if the DBE performs a commercially useful
function under 49 CFR 26.55.
Credit for materials or supplies the prime contractor purchases from DBEs counts towards
the goal in the following manner:
• 100 percent counts if the materials or supplies are obtained from a DBE
manufacturer.
• 60 percent counts if the materials or supplies are obtained from a DBE regular dealer.
• Only fees, commissions, and charges for assistance in the procurement and delivery
of materials or supplies count if obtained from a DBE that is neither a manufacturer
nor regular dealer. 49 CFR 26.55 defines "manufacturer" and "regular dealer."
The prime contractor receives credit towards the goal if they employ a DBE trucking
company that performs a commercially useful function as defined in 49 CFR 26.55(d) as
follows:
• The DBE must be responsible for the management and supervision of the entire
trucking operation for which it is responsible on a particular contract, and there cannot
be a contrived arrangement for the purpose of meeting DBE goals.
• The DBE must itself own and operate at least one fully licensed, insured, and
operational truck used on the contract.
• The DBE receives credit for the total value of the transportation services it provides on
the Contract using trucks it owns, insures, and operates using drivers it employs.
Contract 1300-4
• The DBE may lease trucks from another DBE firm, including an owner-operator who
is certified as a DBE. The DBE who leases trucks from another DBE receives credit
for the total value of the transportation services the lessee DBE provides on the
Contract.
• The DBE may also lease trucks from a non-DBE firm, including from an owner-
operator. The DBE that leases trucks equipped with drivers from a non-DBE is
entitled to credit for the total value of transportation services provided by non-DBE
leased trucks equipped with drivers not to exceed the value of transportation services
on the contract provided by DBE-owned trucks or leased trucks with DBE employee
drivers. Additional participation by non-DBE owned trucks equipped with drivers
receives credit only for the fee or commission it receives as a result of the lease
arrangement.
• The DBE may lease trucks without drivers from a non-DBE truck leasing company. If
the DBE leases trucks from a non-DBE truck leasing company and uses its own
employees as drivers, it is entitled to credit for the total value of these hauling
services.
• A lease must indicate that the DBE has exclusive use of and control over the truck.
This does not preclude the leased truck from working for others during the term of the
lease with the consent of the DBE, so long as the lease gives the DBE absolute
priority for use of the leased truck. Leased trucks must display the name and
identification number of the DBE.
A. Nondiscrimination Statement
The contractor, subrecipient or subcontractor will never exclude any person from
participation in, deny any person the benefits of, or otherwise discriminate against anyone in
connection with the award and performance of any contract covered by 49 CFR 26 on the
basis of race, color, sex, or national origin. In administering the Local Agency components of
the DBE Program Plan, the contractor, subrecipient or subcontractor will not, directly, or
through contractual or other arrangements, use criteria or methods of administration that
have the effect of defeating or substantially impairing accomplishment of the objectives of
the DBE Program Plan with respect to individuals of a particular race, color, sex, or national
origin.
B. Contract Assurance
Under 49 CFR 26.13(b): The contractor, subrecipient or subcontractor shall not discriminate
on the basis of race, color, national origin, or sex in the performance of this contract. The
contractor shall carry out applicable requirements of 49 CFR 26 in the award and
administration of federal-aid contracts. Failure by the contractor to carry out these
requirements is a material breach of this contract, which may result in the termination of this
contract or such other remedy as the recipient deems appropriate, which may include, but is
not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non-responsible.
Contract 1300-5
C. Prompt Progress Payment
In accordance with California Business and Professions Code section 7108.5, the prime
contractor or subcontractor shall pay to any subcontractor, not later than seven days after
receipt of each progress payment, unless otherwise agreed to in writing, the respective
amounts allowed the contractor on account of the work performed by the subcontractors, to
the extent of each subcontractor’s interest therein. In the event that there is a good faith
dispute over all or any portion of the amount due on a progress payment from the prime
contractor or subcontractor to a subcontractor, the prime contractor or subcontractor may
withhold no more than 150 percent of the disputed amount. Any violation of this requirement
shall constitute a cause for disciplinary action and shall subject the licensee to a penalty,
payable to the subcontractor, of 2 percent of the amount due per month for every month that
payment is not made.
In any action for the collection of funds wrongfully withheld, the prevailing party shall be
entitled to his or her attorney’s fees and costs. The sanctions authorized under this
requirement shall be separate from, and in addition to, all other remedies, either civil,
administrative, or criminal. This clause applies to both DBE and non- DBE subcontractors.
D. Prompt Payment of Withheld Funds to Subcontractors
The City shall hold retainage from the prime contractor and shall make prompt and regular
incremental acceptances of portions, as determined by the City of the contract work and pay
retainage to the prime contractor based on these acceptances. The prime contractor or
subcontractor shall return all monies withheld in retention from all subcontractors within
seven (7) days after receiving payment for work satisfactorily completed and accepted
including incremental acceptances of portions of the contract work by the City. Any delay or
postponement of payment may take place only for good cause and with the City’s prior
written approval. Any violation of these provisions shall subject the violating prime contractor
or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5
of the California Business and Professions Code and Section 10262 of the California Public
Contract Code. This requirement shall not be construed to limit or impair any contractual,
administrative or judicial remedies otherwise available to the contractor or subcontractor in
the event of a dispute involving late payment or nonpayment by the contractor; deficient
subcontractor performance and/or noncompliance by a subcontractor. This clause applies to
both DBE and non-DBE subcontractors.
E. Termination and Replacement of DBE Subcontractors
The prime contractor shall utilize the specific DBEs listed to perform the work and supply the
materials for which each is listed unless the contractor obtains the Agency’s written consent.
The prime contractor shall not terminate or replace a listed DBE for convenience and
perform the work with their own forces or obtain materials from other sources without prior
written authorization from the Agency. Unless the Agency’s prior written consent is provided,
the contractor shall not be entitled to any payment for work or material unless it is performed
or supplied by the listed DBE on the Exhibit 15-G Construction Contract DBE Commitment
form, included in the Bid.
Termination of DBE Subcontractors
After a contract with a specified DBE goal has been executed, termination of a DBE may be
allowed for the following, but not limited to, justifiable reasons with prior written authorization
from the Agency:
1. Listed DBE fails or refuses to execute a written contract based on plans and
specifications for the project.
Contract 1300-6
2. The Local Agency stipulated that a bond is a condition of executing the subcontract
and the listed DBE fails to meet the Local Agency’s bond requirements.
3. Work requires a contractor’s license and listed DBE does not have a valid license
under Contractors License Law, or is not properly registered with the California
Department of Industrial Relations as a public works contractor.
4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing
or refusing to perform is not an allowable reason to remove a DBE if the failure or
refusal is a result of bad faith or discrimination).
5. Listed DBE’s work is unsatisfactory and not in compliance with the contract.
6. Listed DBE is ineligible to work on the project because of suspension or debarment.
7. Listed DBE becomes bankrupt or insolvent or exhibits credit unworthiness.
8. Listed DBE voluntarily withdraws with written notice from the Contract
9. Listed DBE is ineligible to receive credit for the type of work required.
10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the
work on the Contract.
11. The Agency determines other documented good cause.
To terminate a DBE or to terminate a portion of a DBE’s work, the contractor must use the
following procedures:
1. Send a written notice to the DBE of Contractor’s intent to use other forces or material
sources and include one or more justifiable reasons listed above. Simultaneously
send a copy of this written notice to the Agency. The written notice to the DBE must
request they provide any response within five (5) business days to both the
Contractor and the Agency by either acknowledging their agreement or documenting
their reasoning as to why the use of other forces or sources of materials should not
occur.
2. If the DBE does not respond within 5 business days, Contractor may move forward
with the request as if the DBE had agreed to Contractor’s written notice.
3. Submit Contractor’s DBE termination request by written letter to the Agency and
include:
• One or more above listed justifiable reasons along with supporting
documentation.
• Contractor’s written notice to the DBE regarding the request, including proof of
transmission and tracking documentation of Contractor’s written notice
• The DBE’s response to Contractor’s written notice, if received. If a written
response was not provided, provide a statement to that effect.
The Agency shall respond in writing to Contractor’s DBE termination request within 5
business days.
Replacement of DBE Subcontractors
After receiving the Agency’s written authorization of DBE termination request, the Contractor
must obtain the Agency’s written agreement for DBE replacement. The Contractor must find
or demonstrate GFEs to find qualified DBE replacement firms to perform the work to the
extent needed to meet the DBE commitment.
Contract 1300-7
The following procedures shall be followed to request authorization to replace a DBE firm:
1. Submit a request to replace a DBE with other forces or material sources in writing to
the Agency which must include:
a. Description of remaining uncommitted work items made available for
replacement DBE solicitation and participation.
b. The proposed DBE replacement firm’s business information, the work they
have agreed to perform, and the following:
• Quote for bid item work and description of work to be performed
• Proposed subcontract agreement and written confirmation of
agreement to perform on the Contract
• Revised Subcontracting Request form
• Revised Exhibit 15-G: Construction Contract DBE Commitment
2. If Contractor has not identified a DBE replacement firm, submit documentation of the
Contractor’s GFEs to use DBE replacement firms within 7 days of Agency’s
authorization to terminate the DBE. The Contractor may request the Agency’s
approval to extend this submittal period to a total of 14 days. Submit documentation
of actions taken to find a DBE replacement firm, such as:
• Search results of certified DBEs available to perform the original DBE work
identified and/or other work the Contractor had intended to self-perform, to the
extent needed to meet the DBE commitment
• Solicitations of DBEs for performance of work identified
• Correspondence with interested DBEs that may have included contract details
and requirements
• Negotiation efforts with DBEs that reflect why an agreement was not reached
• If a DBE’s quote was rejected, provide Contractor’s reasoning for the rejection,
such as why the DBE was unqualified for the work, or why the price quote was
unreasonable or excessive
• Copies of each DBE’s and non-DBE’s price quotes for work identified, as the
Agency may contact the firms to verify solicitation efforts and determine if the
DBE quotes are substantially higher
• Additional documentation that supports the GFE
The Agency shall respond in writing to the Contractor’s DBE replacement request within five
(5) business days. The Contractor must submit a revised Subcontracting Request form if the
replacement plan is authorized by the Agency.
F. Commitment and Utilization
The Agency’s DBE program must include a monitoring and enforcement mechanism to
ensure that DBE commitments reconcile to DBE utilization.
The bidder shall complete and sign Exhibit 15-G: Construction Contract DBE Commitment
included in the contract documents regardless of whether DBE participation is reported. The
bidder shall provide written confirmation from each DBE that the DBE is participating in the
Contract. LAPM Exhibit 9-I: DBE Confirmation or equivalent form and DBE’s quote must be
Contract 1300-8
submitted. The written confirmation must be submitted no later than 4pm on the 5th day after
bid opening. If a DBE is participating as a joint venture partner, the bidder shall submit a
copy of the joint venture agreement.
If the DBE Commitment form, Exhibit 15-G, is not submitted with the bid, it must be
completed and submitted by all bidders to the Agency within five (5) days of bid opening. If
the bidder does not submit the DBE Commitment form within the specified time, the Agency
will find the bidder’s bid nonresponsive.
The prime contractor shall use each DBE subcontractor as listed on Exhibit 15-G:
Construction Contract DBE Commitment unless they receive written authorization for a
termination or replacement from the Agency.
The Agency shall request the prime contractor to:
1. Notify the Resident Engineer or Inspector of any changes to its anticipated DBE
participation
2. Provide this notification before starting the affected work
3. Maintain records including:
• Name and business address of each 1st-tier subcontractor
• Name and business address of each DBE subcontractor, DBE vendor, and
DBEtrucking company, regardless of tier
• Date of payment and total amount paid to each DBE (see Exhibit 9-F: Monthly
Disadvantaged Business Enterprise Payment)
If the prime contractor is a DBE contractor, they shall include the date of work performed by
their own forces and the corresponding value of the work.
Before the 15th of each month, the prime contractor shall submit a Monthly DBE Trucking
Verification (LAPM Exhibit 16-Z1) form.
If a DBE is decertified before completing its work, the DBE must notify the prime contractor
in writing of the decertification date. If a business becomes a certified DBE before completing
its work, the business must notify the prime contractor in writing of the certification date. The
prime contractor shall submit the notifications. Upon work completion, the prime contractor
shall complete a Disadvantaged Business Enterprises (DBE) Certification Status Change,
Exhibit 17-O, form and submit the form within 30 days of contract acceptance.
Upon work completion, the prime contractor shall complete Exhibit 17-F: Final Report –
Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and
submit it within 90 days of contract acceptance. The Agency will withhold $10,000 until the
form is submitted. The Agency releases the withhold upon submission of the completed
form.
Exhibit 17-O and 17-F, as described above, are included in Appendix E.
G. Running Tally of Attainments
For projects awarded on or after March 1, 2020, but before September 1, 2023:
After submitting an invoice for reimbursement that includes a payment to a DBE, but no later
than the 10th of the following month, the prime contractor/consultant must complete and
email the Exhibit 9-F: Disadvantaged Business Enterprise Running Tally of Payments to
business.support.unit@dot.ca.gov with a copy to local administering agencies.
Contract 1300-9
For projects that are awarded on or after September 1, 2023:
Exhibit 9-F is no longer required. Instead, by the 15th of the month following the month of
any payment(s), the prime contractor must now submit Exhibit 9-P to the Local Agency
administering the contract. If the Contractor does not make any payments to subcontractors,
supplier(s) and/or manufacturers they must report “no payments were made to subs this
month” and write this visibly and legibly on Exhibit 9-P.
H. Commercially Useful Function
DBEs must perform a commercially useful function (CUF) under 49 CFR 26.55 when
performing work or supplying materials listed on the DBE Commitment form. The DBE value
of work will only count toward the DBE commitment if the DBE performs a CUF. A DBE
performs a CUF when it is responsible for execution of the work on the contract and is
carrying out its responsibilities by actually performing, managing, and supervising the work
involved. If a DBE does not perform or exercise responsibility for at least 30% of the total
cost of its contract with its own work force, or the DBE subcontracts a greater portion of the
work of a contract than would be expected on the basis of normal industry practice for the
type of work involved, it will be presumed that the DBE is not performing a CUF. Additionally,
the DBE must also be responsible, with respect to materials and supplies used on the
contract, for negotiating price, determining quality and quantity, ordering the material and
installing (where applicable), and paying for the material itself.
The Contractor must perform CUF evaluation for each DBE company working on a federal-
aid contract, with or without a DBE goal. Perform a CUF evaluation at the beginning of the
DBE’s work, and continue to monitor the performance of CUF for the duration of the project.
The Contractor must provide written notification to the AGENCY at least 15 days in advance
of each DBE's initial performance of work or supplying materials for the Contract. The
notification must include the DBE's name, work the DBE will perform on the contract, and the
location, date, and time of where their work will take place.
Within 10 (ten) days of a DBE initially performing work or supplying materials on the contract,
the Contractor shall submit to the LPA the initial evaluation and validation of DBE
performance of a CUF using the LAPM 9-J: Disadvantaged Business Enterprise
Commercially Useful Function Evaluation. Include the following information with the
submittal:
• Subcontract agreement with the DBE
• Purchase orders
• Bills of lading
• Invoices
• Proof of payment
The Contractor must monitor all DBE’s performance of CUF by conducting quarterly
evaluations and validations throughout their duration of work on the contract using the LAPM
9-J: DBE Commercially Useful Function Evaluation. The Contractor must submit to the
AGENCY these quarterly evaluations and validations by the 5th of the month for the
previous three (3) months of work.
The Contractor must notify the AGENCY immediately if the Contractor believes the DBE
may not be performing a CUF.
Contract 1300-10
The AGENCY will verify DBEs performance of CUF by reviewing the initial and quarterly
submissions of LAPM 9-J: DBE Commercially Useful Function Evaluation, submitted
supporting information, field observations, and through any additional AGENCY evaluations.
The AGENCY must evaluate DBEs and their CUF performance throughout the duration of a
Contract. The AGENCY will provide written notice to Contractor and DBE at least two (2)
business days prior to any evaluation. The Contractor and DBE must participate in the
evaluation. Upon completing the evaluation, the AGENCY must share the evaluation results
with the Contractor and DBE. An evaluation could include items that must be remedied upon
receipt. If the AGENCY determines the DBE is not performing a CUF the Contractor must
suspend performance of the noncompliant work.
The Contractor and DBEs must submit any additional CUF related records and documents
within five (5) business days of AGENCY’s request such as:
• Proof of ownership or lease and rental agreements for equipment
• Tax records
• Employee rosters
• Certified payroll records
• Inventory rosters
Failure to submit required DBE Commercially Useful Function Evaluation forms or requested
records and documents can result in withholding of payment for the value of work completed
by the DBE.
If the Contractor and/or the AGENCY determine that a listed DBE is not performing a CUF in
performance of their DBE committed work, immediately suspend performance of the
noncompliant portion of the work. The AGENCY may deny payment for the noncompliant
portion of the work. The AGENCY will ask the Contractor to submit a corrective action plan
(CAP) to the AGENCY within five (5) days of the noncompliant CUF determination. The CAP
must identify how the Contractor will correct the noncompliance findings for the remaining
portion of the DBE's work. The AGENCY has five (5) days to review the CAP in conjunction
with the prime contractor’s review. The Contractor must implement the CAP within five (5)
days of the AGENCY's approval. The AGENCY will then authorize the prior noncompliant
portion of work for the DBE's committed work.
If corrective actions cannot be accomplished to ensure the DBE performs a CUF on the
Contract, then the Contractor may have good cause to request termination of the DBE.
I. Use of Joint Checks
A joint check may be used between the Contractor or lower-tier subcontractor and a DBE
subcontractor purchasing materials from a material supplier if the contractor obtains prior
approval from the LPA for the proposed use of joint check upon submittal of the LAPM 9-K:
DLA Disadvantaged Business Enterprises (DBE) Joint Check Agreement Request form.
To use a joint check, the following conditions must be met:
• All parties, including the Contractor, must agree to the use of a joint check
• Entity issuing the joint check acts solely to guarantee payment
• DBE must release the check to the material supplier
• LPA must authorize the request before implementation
Contract 1300-11
• Any party to the agreement must provide requested documentation within 10
days of the LPA's request for the documentation
• Agreement to use a joint check must be short-term, not to exceed 1 year,
allowing sufficient time needed to establish or increase a credit line with the
material supplier
A request for a joint check agreement may be initiated by any party. If a joint check is used,
the DBE remains responsible for all elements of 49 CFR 26.55(c)(1).
Failure to comply with the above requirements disqualifies DBE participation and results in
no credit and no payment to the Contractor for DBE participation.
A joint check may not be used between the Contractor or subcontractor and a DBE regular
dealer, bulk material supplier, manufacturer, wholesaler, broker, trucker, packager,
manufacturer’s representative, or other persons who arrange or expedite transactions.
2. BID OPENING
The bid opening shall be conducted in accordance with the Instructions to Bidders.
3. BID RIGGING
The U.S. Department of Transportation (DOT) provides a toll-free hotline to report bid
rigging activities. Contractors are encouraged to use the hotline to report bid rigging,
bidder collusion, and other fraudulent activities. The hotline number is (800) 424-9071.
The service is available 24 hours 7 days a week and is confidential and anonymous. The
hotline is part of the DOT's effort to identify and investigate highway construction contract
fraud and abuse and is operated under the direction of the DOT Inspector General.
4. CONTRACT AWARD
The contract Award shall be made in accordance with the Instructions to Bidders.
5. CONTRACTOR LICENSE
The contractor license requirements shall be in accordance with the Invitation to Bid.
6. CHANGED CONDITIONS
A. Differing Site Conditions
1. During the progress of the work, if subsurface or latent physical conditions are
encountered at the site differing materially from those indicated in the contract or if
unknown physical conditions of an unusual nature, differing materially from those
ordinarily encountered and generally recognized as inherent in the work provided for
in the contract, are encountered at the site, the party discovering such conditions shall
promptly notify the other party in writing of the specific differing conditions before the
site is disturbed and before the affected work is performed.
2. Upon written notification, the engineer will investigate the conditions, and if it is
determined that the conditions materially differ and cause an increase or decrease in
the cost or time required for the performance of any work under the contract, an
adjustment, excluding anticipated profits, will be made and the contract modified in
writing accordingly. The engineer will notify the contractor of the determination
whether or not an adjustment of the contract is warranted.
Contract 1300-12
3. No contract adjustment which results in a benefit to the contractor will be allowed
unless the contractor has provided the required written notice.
4. No contract adjustment will be allowed under this clause for any effects caused on
unchanged work.
B. Suspensions of Work Ordered by the Engineer
1. If the performance of all or any portion of the work is suspended or delayed by the
engineer in writing for an unreasonable period of time (not originally anticipated,
customary, or inherent to the construction industry) and the contractor believes that
additional compensation and/or contract time is due as a result of such suspension or
delay, the contractor shall submit to the engineer in writing a request for adjustment
within 7 calendar days of receipt of the notice to resume work. The request shall set
forth the reasons and support for such adjustment.
2. Upon receipt, the engineer will evaluate the contractor's request. If the engineer
agrees that the cost and/or time required for the performance of the contract has
increased as a result of such suspension and the suspension was caused by
conditions beyond the control =of and not the fault of the contractor, its suppliers, or
subcontractors at any approved tier, and not caused by weather, the engineer will
make an adjustment (excluding profit) and modify the contract in writing accordingly.
The contractor will be notified of the engineer's determination whether or not an
adjustment of the contract is warranted.
3. No contract adjustment will be allowed unless the contractor has submitted the
request for adjustment within the time prescribed.
4. No contract adjustment will be allowed under this clause to the extent that
performance would have been suspended or delayed by any other cause, or for
which an adjustment is provided or excluded under any other term or condition of this
contract.
C. Significant Changes in the Character of Work
1. The engineer reserves the right to make, in writing, at any time during the work, such
changes in quantities and such alterations in the work as are necessary to
satisfactorily complete the project. Such changes in quantities and alterations shall
not invalidate the contract nor release the surety, and the contractor agrees to
perform the work as altered.
2. If the alterations or changes in quantities significantly change the character of the
work under the contract, whether such alterations or changes are in themselves
significant changes to the character of the work or by affecting other work cause such
other work to become significantly different in character, an adjustment, excluding
anticipated profit, will be made to the contract. The basis for the adjustment shall be
agreed upon prior to the performance of the work. If a basis cannot be agreed upon,
then an adjustment will be made either for or against the contractor in such amount
as the engineer may determine to be fair and equitable.
3. If the alterations or changes in quantities do not significantly change the character of
the work to be performed under the contract, the altered work will be paid for as
provided elsewhere in the contract.
Contract 1300-13
4. The term “significant change” shall be construed to apply only to the following
circumstances:
• When the character of the work as altered differs materially in kind or nature
from that involved or included in the original proposed construction; or
• When a major item of work, as defined elsewhere in the contract, is increased
in excess of 125 percent or decreased below 75 percent of the original
contract quantity. Any allowance for an increase in quantity shall apply only to
that portion in excess of 125 percent of original contract item quantity, or in
case of a decrease below 75 percent, to the actual amount of work performed.
7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES
7.1 Beginning of Work
Beginning or work shall be in accordance with Section 1400 of the General
Conditions.
7.2 Time of Completion
The time of completion shall be governed by section 1400 of the General
Conditions.
7.3 Liquidated Damages
Liquidated damages for delays shall be as outlined in Section 1500 of the
Supplemental General Conditions.
8. BUY AMERICA
Buy America Requirements apply to steel and iron, manufactured products, and construction
materials permanently incorporated into the project.
Steel and Iron Materials
All steel and iron materials must be melted and manufactured in the United States except:
1. Foreign pig iron and processed, pelletized, and reduced iron ore may be used in the
domestic production of the steel and iron materials [60 Fed Reg 15478 (03/24/1995)];
2. If the total combined cost of the materials produced outside the United States does
not exceed the greater of 0.1 percent of the total contract amount or $2,500, materials
produced outside the United States may be used if authorized.
Furnish steel and iron materials to be incorporated into the work with certificates of
compliance and certified mill test reports. Mill test reports must indicate where the steel and
iron were melted and manufactured. All melting and manufacturing processes for these
materials, including an application of a coating, must occur in the United States. Coating
includes all processes that protect or enhance the value of the material to which the coating
is applied.
Contract 1300-14
Manufactured Products
Iron and steel used in precast concrete manufactured products must meet the requirements
of the above section (Steel and Iron Materials) regardless of the amount used. Iron and steel
used in other manufactured products must meet the requirements of the above section
(Steel and Iron Materials) if the weight of steel and iron components constitute 90 percent or
more of the total weight of the manufactured product.
Construction Materials
Buy America requirements apply to the following construction materials that are or consist
primarily of:
1. Non-ferrous metals
2. Plastic and polymer-based products such as:
2.1 Polyvinylchloride
2.2 Composite Building Materials
3. Glass
4. Fiber optic cable (including drop cable)
5. Optical fiber
6. Lumber
7. Engineered wood
8. Drywall
All manufacturing processes for these materials as defined in 2 CFR 184.6 must occur in the
United States.
Where one or more of these construction materials have been combined by a manufacturer
with other materials through a manufacturing process, Buy America requirements do not
apply unless otherwise specified.
Furnish construction materials to be incorporated into the work with certificates of
compliance with each project delivery. Manufacturer’s certificate of compliance must identify
where the construction material was manufactured and attest specifically to Buy America
compliance.
All manufacturing processes for these materials must occur in the United States. Buy
America requirements do not apply to the following:
1. Tools and construction equipment used in performing the work
2. Temporary work that is not incorporated into the finished project
Contract 1300-15
Waivers
If Buy America waivers are granted, use the following language to include in the contract:
The following steel and iron products, manufactured products, or construction materials have
received an approved Buy America waiver for this contract, and therefore, are not subject to
Buy America requirements:
1.
2.
9. QUALITY ASSURANCE
The Local Agency uses a Quality Assurance Program (QAP) to ensure a material is
produced to comply with the Contract. The Local Agency may examine the records and
reports of tests the prime contractor performs if they are available at the job site. Schedule
work to allow time for QAP.
10. PROMPT PAYMENT
A. FROM THE AGENCY TO THE CONTRACTORS
The Local Agency shall make all project progress payment within 30 days after receipt of an
undisputed and properly submitted payment request from the Contractor on a construction
contract. If the Local Agency fails to pay promptly, the Local Agency shall pay interest to the
Contractor, which accrues at the rate of 10 percent per annum on the principal amount of a
money judgment remaining unsatisfied and pro-rated as necessary. Upon receipt of the
payment request, the Local Agency shall act in accordance with both of the following:
1. The Local Agency shall review each payment request as soon as feasible after
receipt to verify it is a proper payment request.
2. The Local Agency must return any payment request deemed improper by the Local
Agency to the Contractor as soon as feasible, but not later than seven (7) days, after
receipt. A request returned pursuant to this paragraph shall include documentation
setting forth in writing the reasons why it is an improper payment request.
B. SUBMITTAL OF EXHIBIT 9-P
For projects awarded on or after September 1, 2023:
The Contractor must submit Exhibit 9-P to the Local Agency administering the contract by
the 15th of the month following the month of any payment(s). If the Contractor does not
make any payments to subcontractors, supplier(s) and/or manufacturers they must report
“no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.
The Local Agency must verify all Exhibit 9-P information, monitor compliance with prompt
payment requirements for DBE and non-DBE firms, and address any shortfall to the DBE
commitment and prompt payment issues until the end of the project. The Local Agency must
email a copy of Exhibit 9-P to DBE.Forms@dot.ca.gov before the end of the month after
receiving the Exhibit 9-P from the Contractor.
Contract 1300-16
11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS
FHWA-1273 -- Revised October 23, 2023
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I. General
II. Nondiscrimination
III. Non-segregated Facilities
IV. Davis-Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act Provisions
VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water Pollution
Control Act
X. Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion
XI. Certification Regarding Use of Contract Funds for Lobbying
XII. Use of United States-Flag Vessels:
ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access Road
Contracts (included in Appalachian contracts only)
I. GENERAL
1. Form FHWA-1273 must be physically incorporated in each
construction contract funded under title 23, United States Code, as
required in 23 CFR 633.102(b) (excluding emergency contracts
solely intended for debris removal). The contractor (or
subcontractor) must insert this form in each subcontract and
further require its inclusion in all lower tier subcontracts (excluding
purchase orders, rental agreements and other agreements for
supplies or services). 23 CFR 633.102(e).
The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any purchase
order, rental agreement or agreement for other services. The
prime contractor shall be responsible for compliance by any
subcontractor, lower-tier subcontractor or service provider. 23
CFR 633.102(e).
Form FHWA-1273 must be included in all Federal-aid design-
build contracts, in all subcontracts and in lower tier subcontracts
(excluding subcontracts for design services, purchase orders,
rental agreements and other agreements for supplies or services)
in accordance with 23 CFR 633.102. The design-builder shall be
responsible for compliance by any subcontractor, lower-tier
subcontractor or service provider.
Contracting agencies may reference Form FHWA-1273 in
solicitation-for-bids or request-for-proposals documents, however,
the Form FHWA-1273 must be physically incorporated (not
referenced) in all contracts, subcontracts and lower-tier
subcontracts (excluding purchase orders, rental agreements and
other agreements for supplies or services related to a construction
contract). 23 CFR 633.102(b).
2. Subject to the applicability criteria noted in the following
sections, these contract provisions shall apply to all work
performed on the contract by the contractor's own organization
and with the assistance of workers under the contractor's
immediate superintendence and to all work performed on the
contract by piecework, station work, or by subcontract. 23 CFR
633.102(d).
3. A breach of any of the stipulations contained in these Required
Contract Provisions may be sufficient grounds for withholding of
progress payments, withholding of final payment, termination of the
contract, suspension / debarment or any other action determined to
be appropriate by the contracting agency and FHWA.
4. Selection of Labor: During the performance of this contract, the
contractor shall not use convict labor for any purpose within the
limits of a construction project on a Federal-aid highway unless it is
labor performed by convicts who are on parole, supervised release,
or probation. 23 U.S.C. 114(b). The term Federal-aid highway does
not include roadways functionally classified as local roads or rural
minor collectors. 23 U.S.C. 101(a).
II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part
230, Subpart A, Appendix A; EO 11246)
The provisions of this section related to 23 CFR Part 230, Subpart
A, Appendix A are applicable to all Federal-aid construction
contracts and to all related construction subcontracts of $10,000 or
more. The provisions of 23 CFR Part 230 are not applicable to
material supply, engineering, or architectural service contracts.
In addition, the contractor and all subcontractors must comply with
the following policies: Executive Order 11246, 41 CFR Part 60, 29
CFR Parts 1625-1627, 23 U.S.C. 140, Section 504
of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title
VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et
seq.), and related regulations including 49 CFR Parts 21, 26, and
27; and 23 CFR Parts 200, 230, and 633.
The contractor and all subcontractors must comply with: the
requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b)
and, for all construction contracts exceeding $10,000, the Standard
Federal Equal Employment Opportunity Construction Contract
Specifications in 41 CFR 60-4.3.
Note: The U.S. Department of Labor has exclusive authority to
determine compliance with Executive Order 11246 and the policies
of the Secretary of Labor including 41 CFR Part 60, and 29 CFR
Parts 1625-1627. The contracting agency and the FHWA have the
authority and the responsibility to ensure compliance with 23 U.S.C.
140, Section 504 of the Rehabilitation Act of 1973, as amended (29
U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as
amended (42 U.S.C. 2000d et seq.), and related regulations
including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230,
and 633.
The following provision is adopted from 23 CFR Part 230, Subpart
A, Appendix A, with appropriate revisions to conform to the U.S.
Department of Labor (US DOL) and FHWA requirements.
1. Equal Employment Opportunity: Equal Employment
Opportunity (EEO) requirements not to discriminate and to take
affirmative action to assure equal opportunity as set forth under
laws, executive orders, rules, regulations (see 28 CFR Part 35, 29
CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR
Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor
as modified by the provisions prescribed herein, and imposed
pursuant to 23 U.S.C. 140, shall constitute the EEO and specific
affirmative action standards for the contractor's project activities
under this contract. The provisions of the Americans with
Contract 1300-17
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under
28 CFR Part 35 and 29 CFR Part 1630 are incorporated by
reference in this contract. In the execution of this contract, the
contractor agrees to comply with the following minimum specific
requirement activities of EEO:
a. The contractor will work with the contracting agency and the
Federal Government to ensure that it has made every good faith
effort to provide equal opportunity with respect to all of its terms
and conditions of employment and in their review of activities
under the contract. 23 CFR 230.409 (g)(4) & (5).
b. The contractor will accept as its operating policy the following
statement:
"It is the policy of this Company to assure that applicants are
employed, and that employees are treated during employment,
without regard to their race, religion, sex, sexual orientation,
gender identity, color, national origin, age or disability. Such action
shall include: employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination; rates
of pay or other forms of compensation; and selection for training,
including apprenticeship, pre-apprenticeship, and/or on-the-job
training."
2. EEO Officer: The contractor will designate and make known
to the contracting officers an EEO Officer who will have the
responsibility for and must be capable of effectively administering
and promoting an active EEO program and who must be assigned
adequate authority and responsibility to do so.
3. Dissemination of Policy: All members of the contractor's
staff who are authorized to hire, supervise, promote, and
discharge employees, or who recommend such action or are
substantially involved in such action, will be made fully cognizant
of and will implement the contractor's EEO policy and contractual
responsibilities to provide EEO in each grade and classification of
employment. To ensure that the above agreement will be met, the
following actions will be taken as a minimum:
a. Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then not
less often than once every six months, at which time the
contractor's EEO policy and its implementation will be reviewed
and explained. The meetings will be conducted by the EEO Officer
or other knowledgeable company official.
b. All new supervisory or personnel office employees will be
given a thorough indoctrination by the EEO Officer, covering all
major aspects of the contractor's EEO obligations within thirty
days following their reporting for duty with the contractor.
c. All personnel who are engaged in direct recruitment for the
project will be instructed by the EEO Officer in the contractor's
procedures for locating and hiring minorities and women.
d. Notices and posters setting forth the contractor's EEO policy
will be placed in areas readily accessible to employees, applicants
for employment and potential employees.
e. The contractor's EEO policy and the procedures to implement
such policy will be brought to the attention of employees by means
of meetings, employee handbooks, or other appropriate means.
4. Recruitment: When advertising for employees, the contractor
will include in all advertisements for employees the notation: "An
Equal Opportunity Employer." All such advertisements will be
placed in publications having a large circulation among minorities
and women in the area from which the project work force would
normally be derived.
a. The contractor will, unless precluded by a valid bargaining
agreement, conduct systematic and direct recruitment through
public and private employee referral sources likely to yield
qualified minorities and women. To meet this requirement, the
contractor will identify sources of potential minority group
employees and establish with such identified sources procedures
whereby minority and women applicants may be referred to the
contractor for employment consideration.
b. In the event the contractor has a valid bargaining agreement
providing for exclusive hiring hall referrals, the contractor is
expected to observe the provisions of that agreement to the extent
that the system meets the contractor's compliance with EEO
contract provisions. Where implementation of such an agreement
has the effect of discriminating against minorities or women, or
obligates the contractor to do the same, such implementation
violates Federal nondiscrimination provisions.
c. The contractor will encourage its present employees to refer
minorities and women as applicants for employment. Information
and procedures with regard to referring such applicants will be
discussed with employees.
5. Personnel Actions: Wages, working conditions, and employee
benefits shall be established and administered, and personnel
actions of every type, including hiring, upgrading, promotion,
transfer, demotion, layoff, and termination, shall be taken without
regard to race, color, religion, sex, sexual orientation, gender
identity, national origin, age or disability. The following procedures
shall be followed:
a. The contractor will conduct periodic inspections of project sites
to ensure that working conditions and employee facilities do not
indicate discriminatory treatment of project site personnel.
b. The contractor will periodically evaluate the spread of wages
paid within each classification to determine any evidence of
discriminatory wage practices.
c. The contractor will periodically review selected personnel
actions in depth to determine whether there is evidence of
discrimination. Where evidence is found, the contractor will
promptly take corrective action. If the review indicates that the
discrimination may extend beyond the actions reviewed, such
corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of alleged
discrimination made to the contractor in connection with its
obligations under this contract, will attempt to resolve such
complaints, and will take appropriate corrective action within a
reasonable time. If the investigation indicates that the discrimination
may affect persons other than the complainant, such corrective
action shall include such other persons. Upon completion of each
investigation, the contractor will inform every complainant of all of
their avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and increasing
the skills of minorities and women who are applicants for
employment or current employees. Such efforts should be aimed at
developing full journey level status employees in the type of trade
or job classification involved.
b. Consistent with the contractor's work force requirements and as
permissible under Federal and State regulations, the contractor
shall make full use of training programs (i.e., apprenticeship and
on-the-job training programs for the geographical area of contract
performance). In the event a special provision for training is
provided under this contract, this subparagraph will be superseded
as indicated in the special provision. The contracting agency may
reserve training positions for persons who receive welfare
assistance in accordance with 23 U.S.C. 140(a).
c. The contractor will advise employees and applicants for
employment of available training programs and entrance
requirements for each.
Contract 1300-18
d. The contractor will periodically review the training and
promotion potential of employees who are minorities and women
and will encourage eligible employees to apply for such training
and promotion.
7. Unions: If the contractor relies in whole or in part upon unions
as a source of employees, the contractor will use good faith efforts
to obtain the cooperation of such unions to increase opportunities
for minorities and women. 23 CFR 230.409. Actions by the
contractor, either directly or through a contractor's association
acting as agent, will include the procedures set forth below:
a. The contractor will use good faith efforts to develop, in
cooperation with the unions, joint training programs aimed toward
qualifying more minorities and women for membership in the
unions and increasing the skills of minorities and women so that
they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an
EEO clause into each union agreement to the end that such union
will be contractually bound to refer applicants without regard to
their race, color, religion, sex, sexual orientation, gender identity,
national origin, age, or disability.
c. The contractor is to obtain information as to the referral
practices and policies of the labor union except that to the extent
such information is within the exclusive possession of the labor
union and such labor union refuses to furnish such information to
the contractor, the contractor shall so certify to the contracting
agency and shall set forth what efforts have been made to obtain
such information.
d. In the event the union is unable to provide the contractor with
a reasonable flow of referrals within the time limit set forth in the
collective bargaining agreement, the contractor will, through
independent recruitment efforts, fill the employment vacancies
without regard to race, color, religion, sex, sexual orientation,
gender identity, national origin, age, or disability; making full
efforts to obtain qualified and/or qualifiable minorities and women.
The failure of a union to provide sufficient referrals (even though it
is obligated to provide exclusive referrals under the terms of a
collective bargaining agreement) does not relieve the contractor
from the requirements of this paragraph. In the event the union
referral practice prevents the contractor from meeting the
obligations pursuant to Executive Order 11246, as amended, and
these special provisions, such contractor shall immediately notify
the contracting agency.
8. Reasonable Accommodation for Applicants / Employees
with Disabilities: The contractor must be familiar with the
requirements for and comply with the Americans with Disabilities
Act and all rules and regulations established thereunder.
Employers must provide reasonable accommodation in all
employment activities unless to do so would cause an undue
hardship.
9. Selection of Subcontractors, Procurement of Materials
and Leasing of Equipment: The contractor shall not discriminate
on the grounds of race, color, religion, sex, sexual orientation,
gender identity, national origin, age, or disability in the selection
and retention of subcontractors, including procurement of
materials and leases of equipment. The contractor shall take all
necessary and reasonable steps to ensure nondiscrimination in
the administration of this contract.
a. The contractor shall notify all potential subcontractors,
suppliers, and lessors of their EEO obligations under this contract.
b. The contractor will use good faith efforts to ensure
subcontractor compliance with their EEO obligations.
10. Assurances Required:
a. The requirements of 49 CFR Part 26 and the State DOT’s
FHWA-approved Disadvantaged Business Enterprise (DBE)
program are incorporated by reference.
b. The contractor, subrecipient or subcontractor shall not
discriminate on the basis of race, color, national origin, or sex in the
performance of this contract. The contractor shall carry out
applicable requirements of 49 CFR part 26 in the award and
administration of DOT-assisted contracts. Failure by the contractor
to carry out these requirements is a material breach of this contract,
which may result in the termination of this contract or such other
remedy as the recipient deems appropriate, which may include, but
is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non-
responsible.
c. The Title VI and nondiscrimination provisions of U.S. DOT
Order 1050.2A at Appendixes A and E are incorporated by
reference. 49 CFR Part 21.
11. Records and Reports: The contractor shall keep such records
as necessary to document compliance with the EEO requirements.
Such records shall be retained for a period of three years following
the date of the final payment to the contractor for all contract work
and shall be available at reasonable times and places for inspection
by authorized representatives of the contracting agency and the
FHWA.
a. The records kept by the contractor shall document the
following:
(1) The number and work hours of minority and non- minority group
members and women employed in each work classification on the
project;
(2) The progress and efforts being made in cooperation with
unions, when applicable, to increase employment opportunities for
minorities and women; and
(3) The progress and efforts being made in locating, hiring,
training, qualifying, and upgrading minorities and women.
b. The contractors and subcontractors will submit an annual report
to the contracting agency each July for the duration of the project
indicating the number of minority, women, and non- minority group
employees currently engaged in each work classification required
by the contract work. This information is to be reported on Form
FHWA-1391. The staffing data should represent the project work
force on board in all or any part of the last payroll period preceding
the end of July. If on-the-job training is being required by special
provision, the contractor will be required to collect and report
training data. The employment data should reflect the work force on
board during all or any part of the last payroll period preceding the
end of July.
III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal-aid construction contracts
and to all related construction subcontracts of more than $10,000.
41 CFR 60-1.5.
As prescribed by 41 CFR 60-1.8, the contractor must ensure that
facilities provided for employees are provided in such a manner that
segregation on the basis of race, color, religion, sex, sexual
orientation, gender identity, or national origin cannot result. The
contractor may neither require such segregated use by written or
oral policies nor tolerate such use by employee custom. The
contractor's obligation extends further to ensure that its employees
are not assigned to perform their services at any location under the
contractor's control where the facilities are segregated. The term
Contract 1300-19
"facilities" includes waiting rooms, work areas, restaurants and
other eating areas, time clocks, restrooms, washrooms, locker
rooms and other storage or dressing areas, parking lots, drinking
fountains, recreation or entertainment areas, transportation, and
housing provided for employees. The contractor shall provide
separate or single-user restrooms and necessary dressing or
sleeping areas to assure privacy between sexes.
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction projects
exceeding $2,000 and to all related subcontracts and lower-tier
subcontracts (regardless of subcontract size), in accordance with
29 CFR 5.5. The requirements apply to all projects located within
the right-of-way of a roadway that is functionally classified as
Federal-aid highway. 23 U.S.C. 113. This excludes roadways
functionally classified as local roads or rural minor collectors,
which are exempt. 23 U.S.C. 101.
Where applicable law requires that projects be treated as a project
on a Federal-aid highway, the provisions of this subpart will apply
regardless of the location of the project. Examples include:
Surface Transportation Block Grant Program projects funded
under 23 U.S.C. 133 [excluding recreational trails projects], the
Nationally Significant Freight and Highway
Projects funded under 23 U.S.C. 117, and National Highway
Freight Program projects funded under 23 U.S.C. 167.
The following provisions are from the U.S. Department of Labor
regulations in 29 CFR 5.5 “Contract provisions and related
matters” with minor revisions to conform to the FHWA- 1273
format and FHWA program requirements.
1. Minimum wages (29 CFR 5.5)
a. Wage rates and fringe benefits. All laborers and mechanics
employed or working upon the site of the work (or otherwise
working in construction or development of the project under a
development statute), will be paid unconditionally and not less
often than once a week, and without subsequent deduction or
rebate on any account (except such payroll deductions as are
permitted by regulations issued by the Secretary of Labor under
the Copeland Act (29 CFR part 3)), the full amount of basic hourly
wages and bona fide fringe benefits (or cash equivalents thereof)
due at time of payment computed at rates not less than those
contained in the wage determination of the Secretary of Labor
which is attached hereto and made a part hereof, regardless of
any contractual relationship which may be alleged to exist
between the contractor and such laborers and mechanics. As
provided in paragraphs (d) and (e) of 29 CFR 5.5, the appropriate
wage determinations are effective by operation of law even if they
have not been attached to the contract. Contributions made or
costs reasonably anticipated for bona fide fringe benefits under
the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers
or mechanics are considered wages paid to such laborers or
mechanics, subject to the provisions of paragraph 1.e. of this
section; also, regular contributions made or costs incurred for
more than a weekly period (but not less often than quarterly)
under plans, funds, or programs which cover the particular weekly
period, are deemed to be constructively made or incurred during
such weekly period. Such laborers and mechanics must be paid
the appropriate wage rate and fringe benefits on the wage
determination for the classification(s) of work actually performed,
without regard to skill, except as provided in paragraph 4. of this
section. Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each
classification for the time actually worked therein: Provided, That
the employer's payroll records accurately set forth the time spent
in each classification in which work is performed. The wage
determination (including any additional classifications and wage
rates conformed under paragraph 1.c. of this section) and the
Davis-Bacon poster (WH–1321) must be posted at all times by the
contractor and its subcontractors at the site of the work in a
prominent and accessible place where it can be easily seen by the
workers.
b. Frequently recurring classifications. (1) In addition to wage and
fringe benefit rates that have been determined to be prevailing
under the procedures set forth in 29 CFR part 1, a wage
determination may contain, pursuant to § 1.3(f), wage and fringe
benefit rates for classifications of laborers and mechanics for which
conformance requests are regularly submitted pursuant to
paragraph 1.c. of this section, provided that:
(i) The work performed by the classification is not performed by a
classification in the wage determination for which a prevailing wage
rate has been determined;
(ii) The classification is used in the area by the construction
industry; and
(iii) The wage rate for the classification bears a reasonable
relationship to the prevailing wage rates contained in the wage
determination.
(2) The Administrator will establish wage rates for such
classifications in accordance with paragraph 1.c.(1)(iii) of this
section. Work performed in such a classification must be paid at no
less than the wage and fringe benefit rate listed on the wage
determination for such classification.
c. Conformance. (1) The contracting officer must require that any
class of laborers or mechanics, including helpers, which is not listed
in the wage determination and which is to be employed under the
contract be classified in conformance with the wage determination.
Conformance of an additional classification and wage rate and
fringe benefits is appropriate only when the following criteria have
been met:
(i) The work to be performed by the classification requested is not
performed by a classification in the wage determination; and
(ii) The classification is used in the area by the construction
industry; and
(iii) The proposed wage rate, including any bona fide fringe
benefits, bears a reasonable relationship to the wage rates
contained in the wage determination.
(2) The conformance process may not be used to split, subdivide,
or otherwise avoid application of classifications listed in the wage
determination.
(3) If the contractor and the laborers and mechanics to be
employed in the classification (if known), or their representatives,
and the contracting officer agree on the classification and wage rate
(including the amount designated for fringe benefits where
appropriate), a report of the action taken will be sent by the
contracting officer by email to DBAconformance@dol.gov. The
Administrator, or an authorized representative, will approve, modify,
or disapprove every additional classification action within 30 days of
receipt and so advise the contracting officer or will notify the
contracting officer within the 30–day period that additional time is
necessary.
(4) In the event the contractor, the laborers or mechanics to be
employed in the classification or their representatives, and the
contracting officer do not agree on the proposed classification and
wage rate (including the amount designated for fringe benefits,
where appropriate), the contracting officer will, by email to
DBAconformance@dol.gov, refer the questions, including the views
of all interested parties and the recommendation of the contracting
officer, to the Administrator for determination. The Administrator, or
an authorized representative, will issue a determination within 30
days of receipt and so advise the contracting officer or will notify the
contracting officer within the 30–day period that additional time is
necessary.
Contract 1300-20
(5) The contracting officer must promptly notify the contractor of
the action taken by the Wage and Hour Division under paragraphs
1.c.(3) and (4) of this section. The contractor must furnish a written
copy of such determination to each affected worker or it must be
posted as a part of the wage determination. The wage rate
(including fringe benefits where appropriate) determined pursuant
to paragraph 1.c.(3) or (4) of this section must be paid to all
workers performing work in the classification under this contract
from the first day on which work is performed in the classification.
d. Fringe benefits not expressed as an hourly rate. Whenever the
minimum wage rate prescribed in the contract for a class of
laborers or mechanics includes a fringe benefit which is not
expressed as an hourly rate, the contractor may either pay the
benefit as stated in the wage determination or may pay another
bona fide fringe benefit or an hourly cash equivalent thereof.
e. Unfunded plans. If the contractor does not make payments to
a trustee or other third person, the contractor may consider as part
of the wages of any laborer or mechanic the amount of any costs
reasonably anticipated in providing bona fide fringe benefits under
a plan or program, Provided, That the Secretary of Labor has
found, upon the written request of the contractor, in accordance
with the criteria set forth in
§ 5.28, that the applicable standards of the Davis-Bacon Act have
been met. The Secretary of Labor may require the contractor to
set aside in a separate account assets for the meeting of
obligations under the plan or program.
f. Interest. In the event of a failure to pay all or part of the wages
required by the contract, the contractor will be required to pay
interest on any underpayment of wages.
2. Withholding (29 CFR 5.5)
a. Withholding requirements. The contracting agency may, upon
its own action, or must, upon written request of an authorized
representative of the Department of Labor, withhold or cause to be
withheld from the contractor so much of the accrued payments or
advances as may be considered necessary to satisfy the liabilities
of the prime contractor or any subcontractor for the full amount of
wages and monetary relief, including interest, required by the
clauses set forth in this section for violations of this contract, or to
satisfy any such liabilities required by any other Federal contract,
or federally assisted contract subject to Davis-Bacon labor
standards, that is held by the same prime contractor (as defined in
§ 5.2). The necessary funds may be withheld from the contractor
under this contract, any other Federal contract with the same
prime contractor, or any other federally assisted contract that is
subject to Davis-Bacon labor standards requirements and is held
by the same prime contractor, regardless of whether the other
contract was awarded or assisted by the same agency, and such
funds may be used to satisfy the contractor liability for which the
funds were withheld. In the event of a contractor's failure to pay
any laborer or mechanic, including any apprentice or helper
working on the site of the work all or part of the wages required by
the contract, or upon the contractor's failure to submit the required
records as discussed in paragraph 3.d. of this section, the
contracting agency may on its own initiative and after written
notice to the contractor, take such action as may be necessary to
cause the suspension of any further payment, advance, or
guarantee of funds until such violations have ceased.
b. Priority to withheld funds. The Department has priority to funds
withheld or to be withheld in accordance with paragraph
2.a. of this section or Section V, paragraph 3.a., or both, over
claims to those funds by:
(1) A contractor's surety(ies), including without limitation
performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court-appointed trustee or a U.S. trustee,
or both) in bankruptcy of a contractor, or a contractor's bankruptcy
estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.
3. Records and certified payrolls (29 CFR 5.5)
a. Basic record requirements (1) Length of record retention. All
regular payrolls and other basic records must be maintained by the
contractor and any subcontractor during the course of the work and
preserved for all laborers and mechanics working at the site of the
work (or otherwise working in construction or development of the
project under a development statute) for a period of at least 3 years
after all the work on the prime contract is completed.
(2) Information required. Such records must contain the name;
Social Security number; last known address, telephone number,
and email address of each such worker; each worker's correct
classification(s) of work actually performed; hourly rates of wages
paid (including rates of contributions or costs anticipated for bona
fide fringe benefits or cash equivalents thereof of the types
described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act); daily
and weekly number of hours actually worked in total and on each
covered contract; deductions made; and actual wages paid.
(3) Additional records relating to fringe benefits. Whenever the
Secretary of Labor has found under paragraph 1.e. of this section
that the wages of any laborer or mechanic include the amount of
any costs reasonably anticipated in providing benefits under a plan
or program described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon
Act, the contractor must maintain records which show that the
commitment to provide such benefits is enforceable, that the plan
or program is financially responsible, and that the plan or program
has been communicated in writing to the laborers or mechanics
affected, and records which show the costs anticipated or the
actual cost incurred in providing such benefits.
(4) Additional records relating to apprenticeship. Contractors with
apprentices working under approved programs must maintain
written evidence of the registration of apprenticeship programs, the
registration of the apprentices, and the ratios and wage rates
prescribed in the applicable programs.
b. Certified payroll requirements (1) Frequency and method of
submission. The contractor or subcontractor must submit weekly,
for each week in which any DBA- or Related Acts- covered work is
performed, certified payrolls to the contracting agency. The prime
contractor is responsible for the submission of all certified payrolls
by all subcontractors. A contracting agency or prime contractor may
permit or require contractors to submit certified payrolls through an
electronic system, as long as the electronic system requires a
legally valid electronic signature; the system allows the contractor,
the contracting agency, and the Department of Labor to access the
certified payrolls upon request for at least 3 years after the work on
the prime contract has been completed; and the contracting agency
or prime contractor permits other methods of submission in
situations where the contractor is unable or limited in its ability to
use or access the electronic system.
(2) Information required. The certified payrolls submitted must set
out accurately and completely all of the information required to be
maintained under paragraph 3.a.(2) of this section, except that full
Social Security numbers and last known addresses, telephone
numbers, and email addresses must not be included on weekly
transmittals. Instead, the certified payrolls need only include an
Contract 1300-21
individually identifying number for each worker ( e.g., the last four
digits of the worker's Social Security number). The required
weekly certified payroll information may be submitted using
Optional Form WH–347 or in any other format desired. Optional
Form WH–347 is available for this purpose from the Wage and
Hour Division website at
https://www.dol.gov/sites/dolgov/files/WHD/
legacy/files/wh347/.pdf or its successor website. It is not a
violation of this section for a prime contractor to require a
subcontractor to provide full Social Security numbers and last
known addresses, telephone numbers, and email addresses to the
prime contractor for its own records, without weekly submission by
the subcontractor to the contracting agency.
(3) Statement of Compliance. Each certified payroll submitted
must be accompanied by a “Statement of Compliance,” signed by
the contractor or subcontractor, or the contractor's or
subcontractor's agent who pays or supervises the payment of the
persons working on the contract, and must certify the following:
(i) That the certified payroll for the payroll period contains the
information required to be provided under paragraph 3.b. of this
section, the appropriate information and basic records are being
maintained under paragraph 3.a. of this section, and such
information and records are correct and complete;
(ii) That each laborer or mechanic (including each helper and
apprentice) working on the contract during the payroll period has
been paid the full weekly wages earned, without rebate, either
directly or indirectly, and that no deductions have been made
either directly or indirectly from the full wages earned, other than
permissible deductions as set forth in 29 CFR part 3; and
(iii) That each laborer or mechanic has been paid not less than the
applicable wage rates and fringe benefits or cash equivalents for
the classification(s) of work actually performed, as specified in the
applicable wage determination incorporated into the contract.
(4) Use of Optional Form WH–347. The weekly submission of a
properly executed certification set forth on the reverse side of
Optional Form WH–347 will satisfy the requirement for submission
of the “Statement of Compliance” required by paragraph 3.b.(3) of
this section.
(5) Signature. The signature by the contractor, subcontractor, or
the contractor's or subcontractor's agent must be an original
handwritten signature or a legally valid electronic signature.
(6) Falsification. The falsification of any of the above certifications
may subject the contractor or subcontractor to civil or criminal
prosecution under 18 U.S.C. 1001 and 31
U.S.C. 3729.
(7) Length of certified payroll retention. The contractor or
subcontractor must preserve all certified payrolls during the course
of the work and for a period of 3 years after all the work on the
prime contract is completed.
c. Contracts, subcontracts, and related documents. The
contractor or subcontractor must maintain this contract or
subcontract and related documents including, without limitation,
bids, proposals, amendments, modifications, and extensions. The
contractor or subcontractor must preserve these contracts,
subcontracts, and related documents during the course of the
work and for a period of 3 years after all the work on the prime
contract is completed.
d. Required disclosures and access (1) Required record
disclosures and access to workers. The contractor or
subcontractor must make the records required under paragraphs
3.a. through 3.c. of this section, and any other documents that the
contracting agency, the State DOT, the FHWA, or the Department
of Labor deems necessary to determine compliance with the labor
standards provisions of any of the applicable statutes referenced by
§ 5.1, available for inspection, copying, or transcription by
authorized representatives of the contracting agency, the State
DOT, the FHWA, or the Department of Labor, and must permit such
representatives to interview workers during working hours on the
job.
(2) Sanctions for non-compliance with records and worker access
requirements. If the contractor or subcontractor fails to submit the
required records or to make them available, or refuses to permit
worker interviews during working hours on the job, the Federal
agency may, after written notice to the contractor, sponsor,
applicant, owner, or other entity, as the case may be, that maintains
such records or that employs such workers, take such action as
may be necessary to cause the suspension of any further payment,
advance, or guarantee of funds. Furthermore, failure to submit the
required records upon request or to make such records available,
or to permit worker interviews during working hours on the job, may
be grounds for debarment action pursuant to § 5.12. In addition,
any contractor or other person that fails to submit the required
records or make those records available to WHD within the time
WHD requests that the records be produced will be precluded from
introducing as evidence in an administrative proceeding under 29
CFR part 6 any of the required records that were not provided or
made available to WHD. WHD will take into consideration a
reasonable request from the contractor or person for an extension
of the time for submission of records. WHD will determine the
reasonableness of the request and may consider, among other
things, the location of the records and the volume of production.
(3) Required information disclosures. Contractors and
subcontractors must maintain the full Social Security number and
last known address, telephone number, and email address of each
covered worker, and must provide them upon request to the
contracting agency, the State DOT, the FHWA, the contractor, or
the Wage and Hour Division of the Department of Labor for
purposes of an investigation or other compliance action.
4. Apprentices and equal employment opportunity (29 CFR
5.5)
a. Apprentices (1) Rate of pay. Apprentices will be permitted to
work at less than the predetermined rate for the work they perform
when they are employed pursuant to and individually registered in a
bona fide apprenticeship program registered with the U.S.
Department of Labor, Employment and Training Administration,
Office of Apprenticeship (OA), or with a State Apprenticeship
Agency recognized by the OA. A person who is not individually
registered in the program, but who has been certified by the OA or
a State Apprenticeship Agency (where appropriate) to be eligible
for probationary employment as an apprentice, will be permitted to
work at less than the predetermined rate for the work they perform
in the first 90 days of probationary employment as an apprentice in
such a program. In the event the OA or a State Apprenticeship
Agency recognized by the OA withdraws approval of an
apprenticeship program, the contractor will no longer be permitted
to use apprentices at less than the applicable predetermined rate
for the work performed until an acceptable program is approved.
(2) Fringe benefits. Apprentices must be paid fringe benefits in
accordance with the provisions of the apprenticeship program. If
the apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits listed on
the wage determination for the applicable classification. If the
Administrator determines that a different practice prevails for the
applicable apprentice classification, fringe benefits must be paid in
accordance with that determination.
(3) Apprenticeship ratio. The allowable ratio of apprentices to
journeyworkers on the job site in any craft classification must not be
greater than the ratio permitted to the contractor as to the entire
work force under the registered program or the ratio applicable to
the locality of the project pursuant to paragraph 4.a.(4) of this
Contract 1300-22
section. Any worker listed on a payroll at an apprentice wage rate,
who is not registered or otherwise employed as stated in
paragraph 4.a.(1) of this section, must be paid not less than the
applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any
apprentice performing work on the job site in excess of the ratio
permitted under this section must be paid not less than the
applicable wage rate on the wage determination for the work
actually performed.
(4) Reciprocity of ratios and wage rates. Where a contractor is
performing construction on a project in a locality other than the
locality in which its program is registered, the ratios and wage
rates (expressed in percentages of the journeyworker's hourly
rate) applicable within the locality in which the construction is
being performed must be observed. If there is no applicable ratio
or wage rate for the locality of the project, the ratio and wage rate
specified in the contractor's registered program must be observed.
b. Equal employment opportunity. The use of apprentices and
journeyworkers under this part must be in conformity with the
equal employment opportunity requirements of Executive Order
11246, as amended, and 29 CFR part 30.
c. Apprentices and Trainees (programs of the U.S. DOT).
Apprentices and trainees working under apprenticeship and skill
training programs which have been certified by the Secretary of
Transportation as promoting EEO in connection with Federal-aid
highway construction programs are not subject to the
requirements of paragraph 4 of this Section IV. 23 CFR
230.111(e)(2). The straight time hourly wage rates for apprentices
and trainees under such programs will be established by the
particular programs. The ratio of apprentices and trainees to
journeyworkers shall not be greater than permitted by the terms of
the particular program.
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR part 3,
which are incorporated by reference in this contract as provided in
29 CFR 5.5.
6. Subcontracts. The contractor or subcontractor must insert
FHWA-1273 in any subcontracts, along with the applicable wage
determination(s) and such other clauses or contract modifications
as the contracting agency may by appropriate instructions require,
and a clause requiring the subcontractors to include these clauses
and wage determination(s) in any lower tier subcontracts. The
prime contractor is responsible for the compliance by any
subcontractor or lower tier subcontractor with all the contract
clauses in this section. In the event of any violations of these
clauses, the prime contractor and any subcontractor(s)
responsible will be liable for any unpaid wages and monetary
relief, including interest from the date of the underpayment or loss,
due to any workers of lower-tier subcontractors, and may be
subject to debarment, as appropriate. 29 CFR 5.5.
7. Contract termination: debarment. A breach of the contract
clauses in 29 CFR 5.5 may be grounds for termination of the
contract, and for debarment as a contractor and a subcontractor
as provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act
requirements. All rulings and interpretations of the Davis- Bacon
and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein
incorporated by reference in this contract as provided in 29 CFR
5.5.
9. Disputes concerning labor standards. As provided in 29
CFR 5.5, disputes arising out of the labor standards provisions of
this contract shall not be subject to the general disputes clause of
this contract. Such disputes shall be resolved in accordance with
the procedures of the Department of Labor set forth in 29 CFR
parts 5, 6, and 7. Disputes within the meaning of this clause include
disputes between the contractor (or any of its subcontractors) and
the contracting agency, the U.S. Department of Labor, or the
employees or their representatives.
10. Certification of eligibility. a. By entering into this contract, the
contractor certifies that neither it nor any person or firm who has an
interest in the contractor's firm is a person or firm ineligible to be
awarded Government contracts by virtue of 40
U.S.C. 3144(b) or § 5.12(a).
b. No part of this contract shall be subcontracted to any person or
firm ineligible for award of a Government contract by virtue of 40
U.S.C. 3144(b) or § 5.12(a).
c. The penalty for making false statements is prescribed in the U.S.
Code, Title 18 Crimes and Criminal Procedure, 18
U.S.C. 1001.
11. Anti-retaliation. It is unlawful for any person to discharge,
demote, intimidate, threaten, restrain, coerce, blacklist, harass, or
in any other manner discriminate against, or to cause any person to
discharge, demote, intimidate, threaten, restrain, coerce, blacklist,
harass, or in any other manner discriminate against, any worker or
job applicant for:
a. Notifying any contractor of any conduct which the worker
reasonably believes constitutes a violation of the DBA, Related
Acts, this part, or 29 CFR part 1 or 3;
b. Filing any complaint, initiating or causing to be initiated any
proceeding, or otherwise asserting or seeking to assert on behalf of
themselves or others any right or protection under the DBA,
Related Acts, this part, or 29 CFR part 1 or 3;
c. Cooperating in any investigation or other compliance action, or
testifying in any proceeding under the DBA, Related Acts, this part,
or 29 CFR part 1 or 3; or
d. Informing any other person about their rights under the DBA,
Related Acts, this part, or 29 CFR part 1 or 3.
V. CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT
Pursuant to 29 CFR 5.5(b), the following clauses apply to any
Federal-aid construction contract in an amount in excess of
$100,000 and subject to the overtime provisions of the Contract
Work Hours and Safety Standards Act. These clauses shall be
inserted in addition to the clauses required by 29 CFR 5.5(a) or 29
CFR 4.6. As used in this paragraph, the terms laborers and
mechanics include watchpersons and guards.
1. Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require or
involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic in any workweek in which he
or she is employed on such work to work in excess of forty hours in
such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the
basic rate of pay for all hours worked in excess of forty hours in
such workweek. 29 CFR 5.5.
2. Violation; liability for unpaid wages; liquidated damages. In
the event of any violation of the clause set forth in paragraph 1. of
this section the contractor and any subcontractor responsible
therefor shall be liable for the unpaid wages and interest from the
date of the underpayment. In addition, such contractor and
subcontractor shall be liable to the United States (in the case of
work done under contract for the District of Columbia or a territory,
to such District or to such territory), for liquidated damages. Such
liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchpersons and guards,
Contract 1300-23
employed in violation of the clause set forth in paragraph 1. of this
section, in the sum currently provided in 29 CFR 5.5(b)(2)* for
each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the
clause set forth in paragraph 1. of this section.
* $31 as of January 15, 2023 (See 88 FR 88 FR 2210) as may be
adjusted annually by the Department of Labor, pursuant to the
Federal Civil Penalties Inflation Adjustment Act of 1990.
3. Withholding for unpaid wages and liquidated damages
a. Withholding process. The FHWA or the contracting agency
may, upon its own action, or must, upon written request of an
authorized representative of the Department of Labor, withhold or
cause to be withheld from the contractor so much of the accrued
payments or advances as may be considered necessary to satisfy
the liabilities of the prime contractor or any subcontractor for any
unpaid wages; monetary relief, including interest; and liquidated
damages required by the clauses set forth in this section on this
contract, any other Federal contract with the same prime
contractor, or any other federally assisted contract subject to the
Contract Work Hours and Safety Standards Act that is held by the
same prime contractor (as defined in § 5.2). The necessary funds
may be withheld from the contractor under this contract, any other
Federal contract with the same prime contractor, or any other
federally assisted contract that is subject to the Contract Work
Hours and Safety Standards Act and is held by the same prime
contractor, regardless of whether the other contract was awarded
or assisted by the same agency, and such funds may be used to
satisfy the contractor liability for which the funds were withheld.
b. Priority to withheld funds. The Department has priority to funds
withheld or to be withheld in accordance with Section IV
paragraph 2.a. or paragraph 3.a. of this section, or both, over
claims to those funds by:
(1) A contractor's surety(ies), including without limitation
performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court-appointed trustee or a U.S. trustee,
or both) in bankruptcy of a contractor, or a contractor's bankruptcy
estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31 U.S.C.
3901–3907.
4. Subcontracts. The contractor or subcontractor must insert in
any subcontracts the clauses set forth in paragraphs 1. through 5.
of this section and a clause requiring the subcontractors to include
these clauses in any lower tier subcontracts. The prime contractor
is responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs 1. through
5. In the event of any violations of these clauses, the prime
contractor and any subcontractor(s) responsible will be liable for
any unpaid wages and monetary relief, including interest from the
date of the underpayment or loss, due to any workers of lower- tier
subcontractors, and associated liquidated damages and may be
subject to debarment, as appropriate.
5. Anti-retaliation. It is unlawful for any person to discharge,
demote, intimidate, threaten, restrain, coerce, blacklist, harass, or
in any other manner discriminate against, or to cause any person
to discharge, demote, intimidate, threaten, restrain, coerce,
blacklist, harass, or in any other manner discriminate against, any
worker or job applicant for:
a. Notifying any contractor of any conduct which the worker
reasonably believes constitutes a violation of the Contract Work
Hours and Safety Standards Act (CWHSSA) or its implementing
regulations in this part;
b. Filing any complaint, initiating or causing to be initiated any
proceeding, or otherwise asserting or seeking to assert on behalf of
themselves or others any right or protection under CWHSSA or this
part;
c. Cooperating in any investigation or other compliance action, or
testifying in any proceeding under CWHSSA or this part; or
d. Informing any other person about their rights under CWHSSA
or this part.
VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal-aid construction contracts
on the National Highway System pursuant to 23 CFR 635.116.
1. The contractor shall perform with its own organization contract
work amounting to not less than 30 percent (or a greater
percentage if specified elsewhere in the contract) of the total
original contract price, excluding any specialty items designated by
the contracting agency. Specialty items may be performed by
subcontract and the amount of any such specialty items performed
may be deducted from the total original contract price before
computing the amount of work required to be performed by the
contractor's own organization (23 CFR 635.116).
a. The term “perform work with its own organization” in paragraph
1 of Section VI refers to workers employed or leased by the prime
contractor, and equipment owned or rented by the prime contractor,
with or without operators. Such term does not include employees or
equipment of a subcontractor or lower tier subcontractor, agents of
the prime contractor, or any other assignees. The term may include
payments for the costs of hiring leased employees from an
employee leasing firm meeting all relevant Federal and State
regulatory requirements. Leased employees may only be included
in this term if the prime contractor meets all of the following
conditions: (based on longstanding interpretation)
(1) the prime contractor maintains control over the supervision of
the day-to-day activities of the leased employees;
(2) the prime contractor remains responsible for the quality of the
work of the leased employees;
(3) the prime contractor retains all power to accept or exclude
individual employees from work on the project; and
(4) the prime contractor remains ultimately responsible for the
payment of predetermined minimum wages, the submission of
payrolls, statements of compliance and all other Federal regulatory
requirements.
b. "Specialty Items" shall be construed to be limited to work that
requires highly specialized knowledge, abilities, or equipment not
ordinarily available in the type of contracting organizations qualified
and expected to bid or propose on the contract as a whole and in
general are to be limited to minor components of the overall
contract. 23 CFR 635.102.
2. Pursuant to 23 CFR 635.116(a), the contract amount upon
which the requirements set forth in paragraph (1) of Section VI is
computed includes the cost of material and manufactured products
which are to be purchased or produced by the contractor under the
contract provisions.
3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish
(a) a competent superintendent or supervisor who is employed by
Contract 1300-24
the firm, has full authority to direct performance of the work in
accordance with the contract requirements, and is in charge of all
construction operations (regardless of who performs the work) and
(b) such other of its own organizational resources (supervision,
management, and engineering services) as the contracting officer
determines is necessary to assure the performance of the
contract.
4. No portion of the contract shall be sublet, assigned or
otherwise disposed of except with the written consent of the
contracting officer, or authorized representative, and such consent
when given shall not be construed to relieve the contractor of any
responsibility for the fulfillment of the contract. Written consent will
be given only after the contracting agency has assured that each
subcontract is evidenced in writing and that it contains all pertinent
provisions and requirements of the prime contract. (based on long-
standing interpretation of 23 CFR 635.116).
5. The 30-percent self-performance requirement of paragraph
(1) is not applicable to design-build contracts; however,
contracting agencies may establish their own self-performance
requirements. 23 CFR 635.116(d).
VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts.
1. In the performance of this contract the contractor shall comply
with all applicable Federal, State, and local laws governing safety,
health, and sanitation (23 CFR Part 635). The contractor shall
provide all safeguards, safety devices and protective equipment
and take any other needed actions as it determines, or as the
contracting officer may determine, to be reasonably necessary to
protect the life and health of employees on the job and the safety
of the public and to protect property in connection with the
performance of the work covered by the contract. 23 CFR
635.108.
2. It is a condition of this contract, and shall be made a condition
of each subcontract, which the contractor enters into pursuant to
this contract, that the contractor and any subcontractor shall not
permit any employee, in performance of the contract, to work in
surroundings or under conditions which are unsanitary, hazardous
or dangerous to his/her health or safety, as determined under
construction safety and health standards (29 CFR Part 1926)
promulgated by the Secretary of Labor, in accordance with
Section 107 of the Contract Work Hours and Safety Standards Act
(40 U.S.C. 3704). 29 CFR 1926.10.
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract
that the Secretary of Labor or authorized representative thereof,
shall have right of entry to any site of contract performance to
inspect or investigate the matter of compliance with the
construction safety and health standards and to carry out the
duties of the Secretary under Section 107 of the Contract Work
Hours and Safety Standards Act (40 U.S.C. 3704).
VIII. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts.
In order to assure high quality and durable construction in
conformity with approved plans and specifications and a high
degree of reliability on statements and representations made by
engineers, contractors, suppliers, and workers on Federal- aid
highway projects, it is essential that all persons concerned with the
project perform their functions as carefully, thoroughly, and
honestly as possible. Willful falsification, distortion, or
misrepresentation with respect to any facts related to the project is
a violation of Federal law. To prevent any misunderstanding
regarding the seriousness of these and similar acts, Form FHWA-
1022 shall be posted on each Federal-aid highway project (23 CFR
Part 635) in one or more places where it is readily available to all
persons concerned with the project:
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United
States, or of any State or Territory, or whoever, whether a person,
association, firm, or corporation, knowingly makes any false
statement, false representation, or false report as to the character,
quality, quantity, or cost of the material used or to be used, or the
quantity or quality of the work performed or to be performed, or the
cost thereof in connection with the submission of plans, maps,
specifications, contracts, or costs of construction on any highway or
related project submitted for approval to the Secretary of
Transportation; or
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the
character, quality, quantity, or cost of any work performed or to be
performed, or materials furnished or to be furnished, in connection
with the construction of any highway or related project approved by
the Secretary of Transportation; or
Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate, or
report submitted pursuant to provisions of the Federal-aid Roads
Act approved July 11, 1916, (39 Stat. 355), as amended and
supplemented;
Shall be fined under this title or imprisoned not more than 5 years
or both."
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2
CFR 200.88; EO 11738)
This provision is applicable to all Federal-aid construction contracts
in excess of $150,000 and to all related subcontracts. 48 CFR
2.101; 2 CFR 200.327.
By submission of this bid/proposal or the execution of this contract
or subcontract, as appropriate, the bidder, proposer, Federal-aid
construction contractor, subcontractor, supplier, or vendor agrees
to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the
Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-
1387). Violations must be reported to the Federal Highway
Administration and the Regional Office of the Environmental
Protection Agency. 2 CFR Part 200, Appendix II.
The contractor agrees to include or cause to be included the
requirements of this Section in every subcontract, and further
agrees to take such action as the contracting agency may direct as
a means of enforcing such requirements. 2 CFR 200.327.
X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION
This provision is applicable to all Federal-aid construction contracts,
design-build contracts, subcontracts, lower-tier subcontracts,
purchase orders, lease agreements, consultant contracts or any
other covered transaction requiring FHWA approval or that is
estimated to cost $25,000 or more – as defined in 2 CFR Parts 180
and 1200. 2 CFR 180.220 and 1200.220.
1. Instructions for Certification – First Tier Participants:
a. By signing and submitting this proposal, the prospective first tier
participant is providing the certification set out below.
b. The inability of a person to provide the certification set out
below will not necessarily result in denial of participation in this
Contract 1300-25
covered transaction. The prospective first tier participant shall
submit an explanation of why it cannot provide the certification set
out below. The certification or explanation will be considered in
connection with the department or agency's determination whether
to enter into this transaction. However, failure of the prospective
first tier participant to furnish a certification or an explanation shall
disqualify such a person from participation in this transaction. 2
CFR 180.320.
c. The certification in this clause is a material representation of
fact upon which reliance was placed when the contracting agency
determined to enter into this transaction. If it is later determined
that the prospective participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal
Government, the contracting agency may terminate this
transaction for cause of default. 2 CFR 180.325.
d. The prospective first tier participant shall provide immediate
written notice to the contracting agency to whom this proposal is
submitted if any time the prospective first tier participant learns
that its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances. 2 CFR 180.345
and 180.350.
e. The terms "covered transaction," "debarred," "suspended,"
"ineligible," "participant," "person," "principal," and "voluntarily
excluded," as used in this clause, are defined in 2 CFR Parts 180,
Subpart I, 180.900-180.1020, and 1200. “First Tier Covered
Transactions” refers to any covered transaction between a
recipient or subrecipient of Federal funds and a participant (such
as the prime or general contract). “Lower Tier Covered
Transactions” refers to any covered transaction under a First Tier
Covered Transaction (such as subcontracts). “First Tier
Participant” refers to the participant who has entered into a
covered transaction with a recipient or subrecipient of Federal
funds (such as the prime or general contractor). “Lower Tier
Participant” refers any participant who has entered into a covered
transaction with a First Tier Participant or other Lower Tier
Participants (such as subcontractors and suppliers).
f. The prospective first tier participant agrees by submitting this
proposal that, should the proposed covered transaction be entered
into, it shall not knowingly enter into any lower tier covered
transaction with a person who is debarred, suspended, declared
ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency
entering into this transaction. 2 CFR 180.330.
g. The prospective first tier participant further agrees by
submitting this proposal that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion-Lower Tier Covered Transactions," provided
by the department or contracting agency, entering into this
covered transaction, without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered
transactions exceeding the $25,000 threshold. 2 CFR
180.220 and 180.300.
h. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it knows
that the certification is erroneous. 2 CFR 180.300; 180.320, and
180.325. A participant is responsible for ensuring that its principals
are not suspended, debarred, or otherwise ineligible to participate
in covered transactions. 2 CFR 180.335. To verify the eligibility of
its principals, as well as the eligibility of any lower tier prospective
participants, each participant may, but is not required to, check the
System for Award Management website (https://www.sam.gov/). 2
CFR 180.300, 180.320, and 180.325.
i. Nothing contained in the foregoing shall be construed to
require the establishment of a system of records in order to render
in good faith the certification required by this clause. The
knowledge and information of the prospective participant is not
required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
j. Except for transactions authorized under paragraph (f) of these
instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies
available to the Federal Government, the department or agency
may terminate this transaction for cause or default. 2 CFR 180.325.
* * * * *
2. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion – First Tier Participants:
a. The prospective first tier participant certifies to the best of its
knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal department or
agency, 2 CFR 180.335;.
(2) Have not within a three-year period preceding this proposal
been convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal,
State, or local) transaction or contract under a public transaction;
violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property, 2
CFR 180.800;
(3) Are not presently indicted for or otherwise criminally or civilly
charged by a governmental entity (Federal, State or local) with
commission of any of the offenses enumerated in paragraph (a)(2)
of this certification, 2 CFR 180.700 and 180.800; and
(4) Have not within a three-year period preceding this
application/proposal had one or more public transactions (Federal,
State or local) terminated for cause or default. 2 CFR 180.335(d).
(5) Are not a corporation that has been convicted of a felony
violation under any Federal law within the two-year period
preceding this proposal (USDOT Order 4200.6 implementing
appropriations act requirements); and
(6) Are not a corporation with any unpaid Federal tax liability that
has been assessed, for which all judicial and administrative
remedies have been exhausted, or have lapsed, and that is not
being paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability (USDOT Order
4200.6 implementing appropriations act requirements).
b. Where the prospective participant is unable to certify to any of
the statements in this certification, such prospective participant
should attach an explanation to this proposal. 2 CFR 180.335 and
180.340.
* * * * *
3. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders, and other lower
tier transactions requiring prior FHWA approval or estimated to cost
$25,000 or more - 2 CFR Parts 180 and 1200). 2 CFR 180.220 and
1200.220.
a. By signing and submitting this proposal, the prospective lower
tier participant is providing the certification set out below.
b. The certification in this clause is a material representation of
Contract 1300-26
fact upon which reliance was placed when this transaction was
entered into. If it is later determined that the prospective lower tier
participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government,
the department, or agency with which this transaction originated
may pursue available remedies, including suspension and/or
debarment.
c. The prospective lower tier participant shall provide immediate
written notice to the person to which this proposal is submitted if at
any time the prospective lower tier participant learns that its
certification was erroneous by reason of changed circumstances.
2 CFR 180.365.
d. The terms "covered transaction," "debarred," "suspended,"
"ineligible," "participant," "person," "principal," and "voluntarily
excluded," as used in this clause, are defined in 2 CFR Parts 180,
Subpart I, 180.900 – 180.1020, and 1200. You may contact the
person to which this proposal is submitted for assistance in
obtaining a copy of those regulations. “First Tier Covered
Transactions” refers to any covered transaction between a
recipient or subrecipient of Federal funds and a participant (such
as the prime or general contract). “Lower Tier Covered
Transactions” refers to any covered transaction under a First Tier
Covered Transaction (such as subcontracts). “First Tier
Participant” refers to the participant who has entered into a
covered transaction with a recipient or subrecipient of Federal
funds (such as the prime or general contractor). “Lower Tier
Participant” refers any participant who has entered into a covered
transaction with a First Tier Participant or other Lower Tier
Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by submitting this
proposal that, should the proposed covered transaction be entered
into, it shall not knowingly enter into any lower tier covered
transaction with a person who is debarred, suspended, declared
ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency with
which this transaction originated. 2 CFR 1200.220 and 1200.332.
f. The prospective lower tier participant further agrees by
submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion-Lower Tier Covered Transaction," without
modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions exceeding the
$25,000 threshold. 2 CFR 180.220 and 1200.220.
g. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it knows
that the certification is erroneous. A participant is responsible for
ensuring that its principals are not suspended, debarred, or
otherwise ineligible to participate in covered transactions. To verify
the eligibility of its principals, as well as the eligibility of any lower
tier prospective participants, each participant may, but is not
required to, check the System for Award Management website
(https://www.sam.gov/), which is compiled by the General
Services Administration. 2 CFR 180.300, 180.320, 180.330, and
180.335.
h. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render in
good faith the certification required by this clause. The knowledge
and information of participant is not required to exceed that which
is normally possessed by a prudent person in the ordinary course
of business dealings.
i. Except for transactions authorized under paragraph e of these
instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to other
remedies available to the Federal Government, the department or
agency with which this transaction originated may pursue available
remedies, including suspension and/or debarment. 2 CFR 180.325.
* * * * *
4. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion--Lower Tier Participants:
a. The prospective lower tier participant certifies, by
submission of this proposal, that neither it nor its principals:
(1) is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participating in
covered transactions by any Federal department or agency, 2 CFR
180.355;
(2) is a corporation that has been convicted of a felony violation
under any Federal law within the two-year period preceding this
proposal (USDOT Order 4200.6 implementing appropriations act
requirements); and
(3) is a corporation with any unpaid Federal tax liability that has
been assessed, for which all judicial and administrative remedies
have been exhausted, or have lapsed, and that is not being paid in
a timely manner pursuant to an agreement with the authority
responsible for collecting the tax liability. (USDOT Order 4200.6
implementing appropriations act requirements)
b. Where the prospective lower tier participant is unable to certify
to any of the statements in this certification, such prospective
participant should attach an explanation to this proposal.
* * * * *
XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS
FOR LOBBYING
This provision is applicable to all Federal-aid construction contracts
and to all related subcontracts which exceed
$100,000. 49 CFR Part 20, App. A.
1. The prospective participant certifies, by signing and submitting
this bid or proposal, to the best of his or her knowledge and belief,
that:
a. No Federal appropriated funds have been paid or will be paid,
by or on behalf of the undersigned, to any person for influencing or
attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of
any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement.
b. If any funds other than Federal appropriated funds have been
paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any Federal agency, a Member
of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this Federal contract,
grant, loan, or
cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
2. This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered
into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by 31
U.S.C. 1352. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
Contract 1300-27
3. The prospective participant also agrees by submitting its bid or
proposal that the participant shall require that the language of this
certification be included in all lower tier subcontracts, which
exceed $100,000 and that all such recipients shall certify and
disclose accordingly.
XII. USE OF UNITED STATES-FLAG VESSELS:
This provision is applicable to all Federal-aid construction
contracts, design-build contracts, subcontracts, lower-tier
subcontracts, purchase orders, lease agreements, or any other
covered transaction. 46 CFR Part 381.
This requirement applies to material or equipment that is acquired
for a specific Federal-aid highway project. 46 CFR
381.7. It is not applicable to goods or materials that come into
inventories independent of an FHWA funded-contract.
When oceanic shipments (or shipments across the Great Lakes)
are necessary for materials or equipment acquired for a specific
Federal-aid construction project, the bidder, proposer, contractor,
subcontractor, or vendor agrees:
1. To utilize privately owned United States-flag commercial
vessels to ship at least 50 percent of the gross tonnage (computed
separately for dry bulk carriers, dry cargo liners, and tankers)
involved, whenever shipping any equipment, material, or
commodities pursuant to this contract, to the extent such vessels
are available at fair and reasonable rates for United States-flag
commercial vessels. 46 CFR 381.7.
2. To furnish within 20 days following the date of loading for
shipments originating within the United States or within 30 working
days following the date of loading for shipments originating outside
the United States, a legible copy of a rated, ‘on-board’ commercial
ocean bill-of-lading in English for each shipment of cargo
described in paragraph (b)(1) of this section to both the
Contracting Officer (through the prime contractor in the case of
subcontractor bills-of-lading) and to the Office of Cargo and
Commercial Sealift (MAR-620), Maritime Administration,
Washington, DC 20590. (MARAD requires copies of the ocean
carrier's (master) bills of lading, certified onboard, dated, with rates
and charges. These bills of lading may contain business sensitive
information and therefore may be submitted directly to MARAD by
the Ocean Transportation Intermediary on behalf of the
contractor). 46 CFR 381.7.
ATTACHMENT A - EMPLOYMENT AND MATERIALS
PREFERENCE FOR APPALACHIAN DEVELOPMENT
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B) This
provision is applicable to all Federal-aid projects funded under the
Appalachian Regional Development Act of 1965.
1. During the performance of this contract, the contractor
undertaking to do work which is, or reasonably may be, done as
on-site work, shall give preference to qualified persons who
regularly reside in the labor area as designated by the DOL
wherein the contract work is situated, or the subregion, or the
Appalachian counties of the State wherein the contract work is
situated, except:
a. To the extent that qualified persons regularly residing in the
area are not available.
b. For the reasonable needs of the contractor to employ
supervisory or specially experienced personnel necessary to
assure an efficient execution of the contract work.
c. For the obligation of the contractor to offer employment to
present or former employees as the result of a lawful collective
bargaining contract, provided that the number of nonresident
persons employed under this subparagraph (1c) shall not exceed
20 percent of the total number of employees employed by the
contractor on the contract work, except as provided in
subparagraph (4) below.
2. The contractor shall place a job order with the State
Employment Service indicating (a) the classifications of the
laborers, mechanics and other employees required to perform the
contract work, (b) the number of employees required in each
classification, (c) the date on which the participant estimates such
employees will be required, and (d) any other pertinent information
required by the State Employment Service to complete the job
order form. The job order may be placed with the State
Employment Service in writing or by telephone. If during the course
of the contract work, the information submitted by the contractor in
the original job order is substantially modified, the participant shall
promptly notify the State Employment Service.
3. The contractor shall give full consideration to all qualified job
applicants referred to him by the State Employment Service. The
contractor is not required to grant employment to any job applicants
who, in his opinion, are not qualified to perform the classification of
work required.
4. If, within one week following the placing of a job order by the
contractor with the State Employment Service, the State
Employment Service is unable to refer any qualified job applicants
to the contractor, or less than the number requested, the State
Employment Service will forward a certificate to the contractor
indicating the unavailability of applicants. Such certificate shall be
made a part of the contractor's permanent project records. Upon
receipt of this certificate, the contractor may employ persons who
do not normally reside in the labor area to fill positions covered by
the certificate, notwithstanding the provisions of subparagraph (1c)
above.
5. The provisions of 23 CFR 633.207(e) allow the contracting
agency to provide a contractual preference for the use of mineral
resource materials native to the Appalachian region.
6. The contractor shall include the provisions of Sections 1
through 4 of this Attachment A in every subcontract for work which
is, or reasonably may be, done as on-site work.
Contract 1300-33
12. FEMALE AND MINORITY GOALS
To comply with Section II, "Nondiscrimination," of "Required Contract Provisions Federal-
Aid Construction Contracts," the following are for female and minority utilization goals for
Federal-aid construction contracts and subcontracts that exceed $10,000:
The nationwide goal for female utilization is 6.9 percent.
The goals for minority utilization (45 Fed Reg 65984 (10/3/1980)) are as follows:
Economic Area Goal
(Percent)
174 Redding CA:
Non-SMSA (Standard Metropolitan Statistical Area) Counties:
CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tehama
6.8
175
Eureka, CA
Non-SMSA Counties:
CA Del Norte; CA Humboldt; CA Trinity
6.6
176
San Francisco-Oakland-San Jose, CA:
28.9
25.6
19.6
14.9
9.1
17.1
23.2
SMSA Counties:
7120 Salinas-Seaside-Monterey, CA
CA Monterey
7360 San Francisco-Oakland
CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo
7400 San Jose, CA
CA Santa Clara, CA 7485 Santa Cruz, CA
CA Santa Cruz
7500 Santa Rosa
CA Sonoma
8720 Vallejo-Fairfield-Napa, CA
CA Napa; CA Solano
Non-SMSA Counties:
CA Lake; CA Mendocino; CA San Benito
177
Sacramento, CA:
SMSA Counties:
6920 Sacramento, CA
CA Placer; CA Sacramento; CA Yolo Non-SMSA Counties
CA Butte; CA Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Sierra; CA Sutter; CA
Yuba
16.1
14.3
178
Stockton-Modesto, CA:
SMSA Counties:
5170 Modesto, CA 12.3
CA Stanislaus 8120 Stockton, CA 24.3
CA San Joaquin
Non-SMSA Counties 19.8
CA Alpine; CA Amador; CA Calaveras; CA Mariposa; CA Merced; CA Tuolumne
179
Fresno-Bakersfield, CA
SMSA Counties:
0680 Bakersfield, CA 19.1
CA Kern
Contract 1300-34
2840 Fresno, CA CA Fresno
Non-SMSA Counties:
CA Kings; CA Madera; CA Tulare
26.1
23.6
180 Los Angeles, CA:
SMSA Counties:
0360 Anaheim-Santa Ana-Garden Grove, CA
CA Orange
4480 Los Angeles-Long Beach, CA
CA Los Angeles
6000 Oxnard-Simi Valley-Ventura, CA
CA Ventura
6780 Riverside-San Bernardino-Ontario, CA
CA Riverside; CA San Bernardino
7480 Santa Barbara-Santa Maria-Lompoc, CA
CA Santa Barbara
Non-SMSA Counties
CA Inyo; CA Mono; CA San Luis Obispo
11.9
28.3
21.5
19.0
19.7
24.6
181 San Diego, CA:
SMSA Counties
7320 San Diego, CA
CA San Diego
Non-SMSA Counties
CA Imperial
16.9
18.2
For the last full week of July during which work is performed under the contract, the prime
contractor and each non material-supplier subcontractor with a subcontract of $10,000 or
more must complete Form FHWA PR-1391 (Appendix C to 23 CFR 230). Submit the
forms by August 15.
13. TITLE VI ASSURANCES
APPENDIX A
During the performance of this Agreement, the contractor, for itself, its assignees and
successors in interest (hereinafter collectively referred to as CONTRACTOR) agrees as
follows:
a. Compliance with Regulations: CONTRACTOR shall comply with the regulations
relative to nondiscrimination in federally assisted programs of the Department of
Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be
amended from time to time, (hereinafter referred to as the REGULATIONS), which
are herein incorporated by reference and made a part of this agreement.
b. Nondiscrimination: CONTRACTOR, with regard to the work performed by it during
the AGREEMENT, shall not discriminate on the grounds of race, color, sex,
national origin, religion, age, or disability in the selection and retention of sub-
applicants, including procurements of materials and leases of equipment.
CONTRACTOR shall not participate either directly or indirectly in the discrimination
prohibited by Section 21.5 of the Regulations, including employment practices
when the agreement covers a program set forth in Appendix B of the Regulations.
c. Solicitations for Sub-agreements, Including Procurements of Materials and
Equipment: In all solicitations either by competitive bidding or negotiation made by
CONTRACTOR for work to be performed under a Sub- agreement, including
Contract 1300-35
procurements of materials or leases of equipment, each potential sub-applicant or
supplier shall be notified by CONTRACTOR of the CONTRACTOR’S obligations
under this Agreement and the Regulations relative to nondiscrimination on the
grounds of race, color, or national origin.
d. Information and Reports: CONTRACTOR shall provide all information and reports
required by the Regulations, or directives issued pursuant thereto, and shall permit
access to its books, records, accounts, other sources of information, and its
facilities as may be determined by the recipient or FHWA to be pertinent to
ascertain compliance with such Regulations or directives. Where any information
required of CONTRACTOR is in the exclusive possession of another who fails or
refuses to furnish this information, CONTRACTOR shall so certify to the recipient or
FHWA as appropriate, and shall set forth what efforts CONTRACTOR has made to
obtain the information.
e. Sanctions for Noncompliance: In the event of CONTRACTOR’s noncompliance with
the nondiscrimination provisions of this agreement, the recipient shall impose such
agreement sanctions as it or the FHWA may determine to be appropriate, including,
but not limited to:
i. withholding of payments to CONTRACTOR under the Agreement within a
reasonable period of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part.
f. Incorporation of Provisions: CONTRACTOR shall include the provisions of
paragraphs (1) through (6) in every sub-agreement, including procurements of
materials and leases of equipment, unless exempt by the Regulations, or directives
issued pursuant thereto.
CONTRACTOR shall take such action with respect to any sub-agreement or procurement
as the recipient or FHWA may direct as a means of enforcing such provisions including
sanctions for noncompliance, provided, however, that, in the event CONTRACTOR
becomes involved in, or is threatened with, litigation with a sub- applicant or supplier as a
result of such direction, CONTRACTOR may request the recipient enter into such litigation
to protect the interests of the State, and, in addition, CONTRACTOR may request the
United States to enter into such litigation to protect the interests of the United States.
APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and
successors in interest (hereinafter referred to as the “contractor”) agrees to comply with
the following non-discrimination statutes and authorities, including, but not limited to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),
prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose
property has been acquired because of Federal or Federal-aid programs and projects);
Contract 1300-36
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination
on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended,
(prohibits discrimination on the basis of disability); and 49 CR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.),
prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as
amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms “programs or activities” to include all of the
programs or activities of the Federal-aid recipients, sub-recipients and contractors,
whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of
the basis of disability in the operation of public entities, public and private transportation
systems, places of public accommodation, and certain testing entities (42 U.S.C. §§
12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R.
parts 37 and 38;
• The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low- Income Populations, which ensures discrimination against
minority populations by discouraging programs, policies, and activities with
disproportionately high and adverse human health or environmental effects on minority
and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency, and resulting agency guidance, national origin discrimination
includes discrimination because of limited English proficiency (LEP). To ensure
compliance with Title VI, you must take reasonable steps to ensure that LEP persons
have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et
seq).
14. FEDERAL TRAINEE PROGRAM.
For the Federal training program, the number of trainees or apprentices is 0 .
This section applies if a number of trainees or apprentices is specified above.
As part of the prime contractor’s equal opportunity affirmative action program, provide
on-the-job training to develop full journeymen in the types of trades or job classifications
involved.
Contract 1300-37
The prime contractor has primary responsibility for meeting this training requirement.
If the prime contractor subcontracts a contract part, they shall determine how many
trainees or apprentices are to be trained by the subcontractor. Include these training
requirements in each subcontract.
Where feasible, 25 percent of apprentices or trainees in each occupation must be in
their 1st year of apprenticeship or training.
Distribute the number of apprentices or trainees among the work classifications on the
basis of the prime contractor’s needs and the availability of journeymen in the various
classifications within a reasonable recruitment area.
Before starting work, the prime contractor shall submit to the City of La Quinta:
1. Number of apprentices or trainees to be trained for each classification
2. Training program to be used
3. Training starting date for each classification
The prime contractor shall obtain City of approval for this submitted information before
the prime contractor starts work. The City of credits the prime contractor for each
apprentice or trainee the prime contractor employs on the job who is currently enrolled
or becomes enrolled in an approved program.
The primary objective of this section is to train and upgrade minorities and women
toward journeyman status. The prime contractor shall make every effort to enroll
minority and women apprentices or trainees, such as conducting systematic and direct
recruitment through public and private sources likely to yield minority and women
apprentices or trainees, to the extent they are available within a reasonable recruitment
area and show that they have made the efforts. In making these efforts, the prime
contractor shall not discriminate against any applicant for training.
The prime contractor shall not employ as an apprentice or trainee an employee:
1. In any classification in which the employee has successfully completed a training
course leading to journeyman status or in which the employee has been
employed as a journeyman
2. Who is not registered in a program approved by the US Department of Labor,
Bureau of Apprenticeship and Training
The prime contractor shall ask the employee if the employee has successfully
completed a training course leading to journeyman status or has been employed as a
journeyman. The prime contractor’s records must show the employee's answers to the
questions.
In the training program, the prime contractor shall establish the minimum length and
training type for each classification. The City and FHWA approves a program if one of
the following is met:
1. It is calculated to:
Contract 1300-38
• Meet the equal employment opportunity responsibilities
• Qualify the average apprentice or trainee for journeyman status in the
classification involved by the end of the training period
2. It is registered with the U.S. Department of Labor, Bureau of Apprenticeship and
Training, and it is administered in a way consistent with the equal employment
responsibilities of Federal-aid highway construction contracts
The prime contractor shall obtain the State's approval for their training program before
they start work involving the classification covered by the program.
The prime contractor shall provide training in the construction crafts, not in clerk-typist
or secretarial-type positions. Training is allowed in lower-level management positions
such as office engineers, estimators, and timekeepers if the training is oriented toward
construction applications. Training is allowed in the laborer classification if significant
and meaningful training is provided and approved by the division office. Off-site training
is allowed if the training is an integral part of an approved training program and does not
make up a significant part of the overall training.
The City of reimburses the prime contractor 80 cents per hour of training given an
employee on this contract under an approved training program:
1. For on-site training
2. For off-site training if the apprentice or trainee is currently employed on a Federal-
aid project and prime contractor does at least one of the following:
a. Contribute to the cost of the training
b. Provide the instruction to the apprentice or trainee
c. Pay the apprentice's or trainee's wages during the off-site training period
3. If the prime contractor complies with this section.
Each apprentice or trainee must:
1. Begin training on the project as soon as feasible after the start of work involving
the apprentice's or trainee's skill
2. Remain on the project as long as training opportunities exist in the apprentice's or
trainee's work classification or until the apprentice or trainee has completed the
training program
Furnish the apprentice or trainee a:
1. Copy of the training plan approved by the U.S, Department of Labor or a training
plan for trainees approved by both Caltrans and FHWA
2. Certification showing the type and length of training satisfactorily completed
Maintain records and submit reports documenting contractor’s performance under this
section.
Contract 1300-39
15. PROHIBITION OF CERTAIN TELECOMMUNICATIONS AND
VIDEO SURVEILLANCE EQUIPMENT AND SERVICES
In response to significant national security concerns, the agency shall check the
prohibited vendor list before making any telecommunications and video surveillance
purchase because recipients and subrecipients of federal funds are prohibited from
obligating or expending loan or grant funds to:
• Procure or obtain;
• Extend or renew a contract to procure or obtain; or
• Enter into a contract (or extend or renew a contract) to procure or obtain
equipment, services, or systems that uses covered telecommunications
equipment or services as a substantial or essential component of any
system, or as critical technology as part of any system.
The prohibited vendors (and their subsidiaries or affiliates) are:
• Huawei Technologies Company;
• ZTE Corporation;
• Hytera Communications Corporation;
• Hangzhou Hikvision Digital Technology Company;
• Dahua Technology Company; and
• Subsidiaries or affiliates of the above-mentioned companies.
In implementing the prohibition, the agency administering loan, grant, or subsidy
programs shall prioritize available funding and technical support to assist affected
businesses, institutions and organizations as is reasonably necessary for those affected
entities to transition from covered communications equipment and services, to procure
replacement equipment and services, and to ensure that communications service to
users and customers is sustained.
The contractors should furnish telecommunications and video surveillance equipment
with a certificate of compliance. The certificate must state telecommunications and
video surveillance equipment was not procured or obtained from manufacturers
identified in the above list.
Contract 1300-40
EXHIBIT B
DAVIS-BACON PREVAILING WAGE RATES
Contract 1300-41
"General Decision Number: CA20250025 02/28/2025
Superseded General Decision Number: CA20240025
State: California
Construction Types: Building, Heavy (Heavy and Dredging) and
Highway
County: Riverside County in California.
BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not
include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does
not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS
Note: Contracts subject to the Davis-Bacon Act are generally
required to pay at least the applicable minimum wage rate
required under Executive Order 14026 or Executive Order 13658.
Please note that these Executive Orders apply to covered
contracts entered into by the federal government that are
subject to the Davis-Bacon Act itself, but do not apply to
contracts subject only to the Davis-Bacon Related Acts,
including those set forth at 29 CFR 5.1(a)(1).
______________________________________________________________
|If the contract is entered |. Executive Order 14026 |
|into on or after January 30, | generally applies to the |
|2022, or the contract is | contract. |
|renewed or extended (e.g., an |. The contractor must pay |
|option is exercised) on or | all covered workers at |
|after January 30, 2022: | least $17.75 per hour (or |
| | the applicable wage rate |
| | listed on this wage |
| | determination, if it is |
| | higher) for all hours |
| | spent performing on the |
| | contract in 2025. |
|______________________________|_____________________________|
|If the contract was awarded on|. Executive Order 13658 |
|or between January 1, 2015 and| generally applies to the |
|January 29, 2022, and the | contract. |
|contract is not renewed or |. The contractor must pay all|
|extended on or after January | covered workers at least |
|30, 2022: | $13.30 per hour (or the |
| | applicable wage rate listed|
| | on this wage determination,|
| | if it is higher) for all |
| | hours spent performing on |
| | that contract in 2025. |
|______________________________|_____________________________|
The applicable Executive Order minimum wage rate will be
adjusted annually. If this contract is covered by one of the
Executive Orders and a classification considered necessary for
performance of work on the contract does not appear on this
wage determination, the contractor must still submit a
conformance request.
Contract 1300-42
Additional information on contractor requirements and worker
protections under the Executive Orders is available at
http://www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/03/2025
1 01/10/2025
2 01/24/2025
3 02/07/2025
4 02/21/2025
5 02/28/2025
ASBE0005-002 09/01/2023
Rates Fringes
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
protective coverings,
coatings, and finishes to all
types of mechanical systems).....$ 49.58 25.27
Fire Stop Technician
(Application of Firestopping
Materials for wall openings
and penetrations in walls,
floors, ceilings and curtain
walls)...........................$ 36.97 20.36
----------------------------------------------------------------
ASBE0005-004 07/04/2022
Rates Fringes
Asbestos Removal
worker/hazardous material
handler (Includes
preparation, wetting,
stripping, removal,
scrapping, vacuuming, bagging
and disposing of all
insulation materials from
mechanical systems, whether
they contain asbestos or not)....$ 23.52 13.37
----------------------------------------------------------------
BOIL0092-003 01/01/2024
Rates Fringes
BOILERMAKER......................$ 51.98 42.11
----------------------------------------------------------------
* BRCA0004-011 05/01/2024
Rates Fringes
BRICKLAYER; MARBLE SETTER........$ 45.53 20.29
*The wage scale for prevailing wage projects performed in
Blythe, China lake, Death Valley, Fort Irwin, Twenty-Nine
Contract 1300-43
Palms, Needles and 1-15 corridor (Barstow to the Nevada
State Line) will be Three Dollars ($3.00) above the
standard San Bernardino/Riverside County hourly wage rate
----------------------------------------------------------------
* BRCA0018-004 06/01/2024
Rates Fringes
MARBLE FINISHER..................$ 43.38 15.36
TILE FINISHER....................$ 37.96 13.77
TILE LAYER.......................$ 51.82 19.32
----------------------------------------------------------------
BRCA0018-010 09/01/2023
Rates Fringes
TERRAZZO FINISHER................$ 39.95 14.65
TERRAZZO WORKER/SETTER...........$ 47.85 15.14
----------------------------------------------------------------
CARP0213-001 01/01/2024
Rates Fringes
CARPENTER
(1) Carpenter, Cabinet
Installer, Insulation
Installer, Hardwood Floor
Worker and acoustical
installer...................$ 48.86 22.88
(2) Millwright..............$ 49.36 22.88
(3) Piledrivermen/Derrick
Bargeman, Bridge or Dock
Carpenter, Heavy Framer,
Rock Bargeman or Scowman,
Rockslinger, Shingler
(Commercial)................$ 48.99 22.88
(4) Pneumatic Nailer,
Power Stapler...............$ 51.85 16.28
(5) Sawfiler...............$ 51.69 16.28
(6) Scaffold Builder.......$ 40.77 22.38
(7) Table Power Saw
Operator....................$ 51.70 16.28
FOOTNOTE: Work of forming in the construction of open cut
sewers or storm drains, on operations in which horizontal
lagging is used in conjunction with steel H-Beams driven or
placed in pre- drilled holes, for that portion of a lagged
trench against which concrete is poured, namely, as a
substitute for back forms (which work is performed by
piledrivers): $0.13 per hour additional.
----------------------------------------------------------------
CARP0213-002 07/01/2021
Rates Fringes
Diver
(1) Wet.....................$ 834.40 16.28
Contract 1300-44
(2) Standby.................$ 445.84 16.28
(3) Tender..................$ 437.84 16.28
(4) Assistant Tender........$ 413.84 16.28
Amounts in ""Rates' column are per day
----------------------------------------------------------------
CARP0213-004 01/01/2024
Rates Fringes
Drywall
DRYWALL INSTALLER/LATHER....$ 48.86 22.88
STOCKER/SCRAPPER............$ 20.80 9.97
----------------------------------------------------------------
CARP0721-001 07/01/2021
Rates Fringes
Modular Furniture Installer......$ 21.85 7.15
----------------------------------------------------------------
ELEC0440-001 12/30/2024
Rates Fringes
ELECTRICIAN
INSIDE ELECTRICIAN..........$ 56.26 3%+28.48
INTELLIGENT TRANSPORTATION
SYSTEMS
Electrician................$ 36.99 3%+23.18
Technician.................$ 27.75 3%+23.18
ZONE PAY: Zone A: Free travel zone for all contractors
performing work in Zone A.
Zone B:Any work performed in Zone (B) shall add $12.00 per
hour to the current wage scale. Zone (B) shall be the area
from the eastern perimeter of Zone (A) to a line which runs
north and south begininng at Little Morongo Canyon (San
Bernardino/Riverside County Line), Southeast along the
Coachella Tunnels, Colorado River Aqueduct and Mecca
Tunnels to Pinkham Wash then South to Box Canyon Road, then
southwest along Box Canyon Road to Highway 195 west onto
195 south to Highway 86 to Riverside/Imperial County Line.
----------------------------------------------------------------
ELEC1245-001 01/01/2025
Rates Fringes
LINE CONSTRUCTION
(1) Lineman; Cable splicer..$ 70.16 24.71
(2) Equipment specialist
(operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), overhead &
underground distribution
line equipment).............$ 53.30 22.26
(3) Groundman...............$ 40.76 21.76
Contract 1300-45
(4) Powderman...............$ 51.87 18.79
HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day
and day after Thanksgiving, Christmas Day
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ELEV0018-001 01/01/2025
Rates Fringes
ELEVATOR MECHANIC................$ 69.43 38.435+a+b
FOOTNOTE:
a. PAID VACATION: Employer contributes 8% of regular hourly
rate as vacation pay credit for employees with more than 5
years of service, and 6% for 6 months to 5 years of service.
b. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence
Day, Labor Day, Veterans' Day, Thanksgiving Day, Friday
after Thanksgiving, and Christmas Day.
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ENGI0012-004 08/01/2024
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OPERATOR: Power Equipment
(DREDGING)
(1) Leverman................$ 64.10 38.75
(2) Dredge dozer............$ 58.13 38.75
(3) Deckmate................$ 58.02 38.75
(4) Winch operator (stern
winch on dredge)............$ 57.47 38.75
(5) Fireman-Oiler,
Deckhand, Bargeman,
Leveehand...................$ 56.93 38.75
(6) Barge Mate..............$ 57.54 38.75
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ENGI0012-024 07/01/2023
Rates Fringes
OPERATOR: Power Equipment
(All Other Work)
GROUP 1....................$ 53.90 32.80
GROUP 2....................$ 54.68 32.80
GROUP 3....................$ 54.97 32.80
GROUP 4....................$ 56.46 32.80
GROUP 6....................$ 56.68 32.80
GROUP 8....................$ 56.79 32.80
GROUP 10....................$ 56.91 32.80
GROUP 12....................$ 57.08 32.80
GROUP 13....................$ 57.18 32.80
GROUP 14....................$ 57.21 32.80
GROUP 15....................$ 57.29 32.80
GROUP 16....................$ 57.41 32.80
GROUP 17....................$ 57.58 32.80
GROUP 18....................$ 57.68 32.80
Contract 1300-46
GROUP 19....................$ 57.79 32.80
GROUP 20....................$ 57.91 32.80
GROUP 21....................$ 58.08 32.80
GROUP 22....................$ 58.18 32.80
GROUP 23....................$ 58.29 32.80
GROUP 24....................$ 58.41 32.80
GROUP 25....................$ 58.58 32.80
OPERATOR: Power Equipment
(Cranes, Piledriving &
Hoisting)
GROUP 1....................$ 55.25 32.80
GROUP 2....................$ 56.03 32.80
GROUP 3....................$ 56.32 32.80
GROUP 4....................$ 56.46 32.80
GROUP 5....................$ 56.68 32.80
GROUP 6....................$ 56.79 32.80
GROUP 7....................$ 56.91 32.80
GROUP 8....................$ 57.08 32.80
GROUP 9....................$ 57.25 32.80
GROUP 10....................$ 58.25 32.80
GROUP 11....................$ 59.25 32.80
GROUP 12....................$ 60.25 32.80
GROUP 13....................$ 61.25 32.80
OPERATOR: Power Equipment
(Tunnel Work)
GROUP 1....................$ 55.75 32.80
GROUP 2....................$ 56.53 32.80
GROUP 3....................$ 56.82 32.80
GROUP 4....................$ 56.96 32.80
GROUP 5....................$ 57.18 32.80
GROUP 6....................$ 57.29 32.80
GROUP 7....................$ 57.41 32.80
PREMIUM PAY:
$10.00 per hour shall be paid on all Power Equipment Operator
work on the followng Military Bases: China Lake Naval
Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base,
Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics
Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp
Pendleton
Workers required to suit up and work in a hazardous material
environment: $2.00 per hour additional. Combination mixer
and compressor operator on gunite work shall be classified
as a concrete mobile mixer operator.
SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS
POWER EQUIPMENT OPERATORS CLASSIFICATIONS
GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch
Witch, with seat or similar type equipment; Elevator
operator-inside; Engineer Oiler; Forklift operator
(includes loed, lull or similar types under 5 tons;
Generator operator; Generator, pump or compressor plant
operator; Pump operator; Signalman; Switchman
GROUP 2: Asphalt-rubber plant operator (nurse tank
operator);Coil Tubing Rig Operator, Concrete mixer
Contract 1300-47
operator-skip type; Conveyor operator; Fireman; Forklift
operator (includes loed, lull or similar types over 5 tons;
Hydrostatic pump operator; oiler crusher (asphalt or
concrete plant); Petromat laydown machine; PJU side dum
jack; Screening and conveyor machine operator (or similar
types); Skiploader (wheel type up to 3/4 yd. without
attachment); Tar pot fireman; Temporary heating plant
operator; Trenching machine oiler
GROUP 3: Asphalt-rubber blend operator; Bobcat or similar
type (Skid steer); Equipment greaser (rack); Ford Ferguson
(with dragtype attachments); Helicopter radioman (ground);
Stationary pipe wrapping and cleaning machine operator
GROUP 4: Asphalt plant fireman; Backhoe operator (mini-max or
similar type); Boring machine operator; Boxman or mixerman
(asphalt or concrete); Chip spreading machine operator;
Concrete cleaning decontamination machine operator;
Concrete Pump Operator (small portable);Direct Push
Operator (Geoprobe or similar types) Drilling machine
operator, small auger types (Texoma super economatic or
similar types - Hughes 100 or 200 or similar types -
drilling depth of 30' maximum); Equipment greaser (grease
truck); Guard rail post driver operator; Highline cableway
signalman; Hydra-hammer-aero stomper; Micro Tunneling
(above ground tunnel); Power concrete curing machine
operator; Power concrete saw operator; Power-driven jumbo
form setter operator; Power sweeper operator; Rock Wheel
Saw/Trencher; Roller operator (compacting); Screed operator
(asphalt or concrete); Trenching machine operator (up to 6
ft.); Vacuum or much truck
GROUP 6: Articulating material hauler; Asphalt plant
engineer; Batch plant operator; Bit sharpener; Concrete
joint machine operator (canal and similar type); Concrete
planer operator; Dandy digger; Deck engine operator;
Derrickman (oilfield type); Drilling machine operator,
bucket or auger types (Calweld 100 bucket or similar types
- Watson 1000 auger or similar types - Texoma 330, 500 or
600 auger or similar types - drilling depth of 45'
maximum); Drilling machine operator; Hydrographic seeder
machine operator (straw, pulp or seed), Jackson track
maintainer, or similar type; Kalamazoo Switch tamper, or
similar type; Machine tool operator; Maginnis internal full
slab vibrator, Mechanical berm, curb or gutter(concrete or
asphalt); Mechanical finisher operator (concrete,
Clary-Johnson-Bidwell or similar); Micro tunnel system
(below ground); Pavement breaker operator (truck mounted);
Road oil mixing machine operator; Roller operator (asphalt
or finish), rubber-tired earth moving equipment (single
engine, up to and including 25 yds. struck); Self-propelled
tar pipelining machine operator; Skiploader operator
(crawler and wheel type, over 3/4 yd. and up to and
including 1-1/2 yds.); Slip form pump operator (power
driven hydraulic lifting device for concrete forms);
Tractor operator-bulldozer, tamper-scraper (single engine,
up to 100 h.p. flywheel and similar types, up to and
including D-5 and similar types); Tugger hoist operator (1
Contract 1300-48
drum); Ultra high pressure waterjet cutting tool system
operator; Vacuum blasting machine operator
GROUP 8: Asphalt or concrete spreading operator (tamping or
finishing); Asphalt paving machine operator (Barber Greene
or similar type); Asphalt-rubber distribution operator;
Backhoe operator (up to and including 3/4 yd.), small ford,
Case or similar types; Cable Bundling Machine Operator
(excluding handheld); Cable Trenching Machine Operator
(Spider Plow or similar types) Cast-in-place pipe laying
machine operator; Combination mixer and compressor operator
(gunite work); Compactor operator (self-propelled);
Concrete mixer operator (paving); Crushing plant operator;
Drill Doctor; Drilling machine operator, Bucket or auger
types (Calweld 150 bucket or similar types - Watson 1500,
2000 2500 auger or similar types - Texoma 700, 800 auger or
similar types - drilling depth of 60' maximum); Elevating
grader operator; Grade checker; Gradall operator; Grouting
machine operator; Heavy-duty repairman; Heavy equipment
robotics operator; Kalamazoo balliste regulator or similar
type; Kolman belt loader and similar type; Le Tourneau blob
compactor or similar type; Loader operator (Athey, Euclid,
Sierra and similar types); Mobark Chipper or similar; Ozzie
padder or similar types; P.C. slot saw; Pneumatic concrete
placing machine operator (Hackley-Presswell or similar
type); Pumpcrete gun operator; RCM Cementing Unit Operator,
Rail/Switch Grinder Operator (Harsco or similar types)
Rock Drill or similar types; Rotary drill operator
(excluding caisson type); Rubber-tired earth-moving
equipment operator (single engine, caterpillar, Euclid,
Athey Wagon and similar types with any and all attachments
over 25 yds. up to and including 50 cu. yds. struck);
Rubber-tired earth-moving equipment operator (multiple
engine up to and including 25 yds. struck); Rubber-tired
scraper operator (self-loading paddle wheel type-John
Deere, 1040 and similar single unit); Self- propelled curb
and gutter machine operator; Shuttle buggy; Skiploader
operator (crawler and wheel type over 1-1/2 yds. up to and
including 6-1/2 yds.); Soil remediation plant operator;
Surface heaters and planer operator; Tractor compressor
drill combination operator; Tractor operator (any type
larger than D-5 - 100 flywheel h.p. and over, or
similar-bulldozer, tamper, scraper and push tractor single
engine); Tractor operator (boom attachments), Traveling
pipe wrapping, cleaning and bendng machine operator;
Trenching machine operator (over 6 ft. depth capacity,
manufacturer's rating); trenching Machine with Road Miner
attachment (over 6 ft depth capacity): Ultra high pressure
waterjet cutting tool system mechanic; Water pull
(compaction) operator
GROUP 10: Drilling machine operator, Bucket or auger types
(Calweld 200 B bucket or similar types-Watson 3000 or 5000
auger or similar types-Texoma 900 auger or similar
types-drilling depth of 105' maximum); Dual drum mixer,
dynamic compactor LDC350 (or similar types); Monorail
locomotive operator (diesel, gas or electric); Motor
patrol-blade operator (single engine); Multiple engine
tractor operator (Euclid and similar type-except Quad 9
Contract 1300-49
cat.); Rubber-tired earth-moving equipment operator (single
engine, over 50 yds. struck); Pneumatic pipe ramming tool
and similar types; Prestressed wrapping machine operator;
Rubber-tired earth-moving equipment operator (single
engine, over 50 yds. struck); Rubber tired earth moving
equipment operator (multiple engine, Euclid, caterpillar
and similar over 25 yds. and up to 50 yds. struck), Tower
crane repairman; Tractor loader operator (crawler and wheel
type over 6-1/2 yds.); Woods mixer operator (and similar
Pugmill equipment)
GROUP 12: Auto grader operator; Automatic slip form operator;
Drilling machine operator, bucket or auger types (Calweld,
auger 200 CA or similar types - Watson, auger 6000 or
similar types - Hughes Super Duty, auger 200 or similar
types - drilling depth of 175' maximum); Hoe ram or similar
with compressor; Mass excavator operator less tha 750 cu.
yards; Mechanical finishing machine operator; Mobile form
traveler operator; Motor patrol operator (multi-engine);
Pipe mobile machine operator; Rubber-tired earth- moving
equipment operator (multiple engine, Euclid, Caterpillar
and similar type, over 50 cu. yds. struck); Rubber-tired
self- loading scraper operator (paddle-wheel-auger type
self-loading - two (2) or more units)
GROUP 13: Rubber-tired earth-moving equipment operator
operating equipment with push-pull system (single engine,
up to and including 25 yds. struck)
GROUP 14: Canal liner operator; Canal trimmer operator;
Remote- control earth-moving equipment operator (operating
a second piece of equipment: $1.00 per hour additional);
Wheel excavator operator (over 750 cu. yds.)
GROUP 15: Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (single engine,
Caterpillar, Euclid, Athey Wagon and similar types with any
and all attachments over 25 yds. and up to and including 50
yds. struck); Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (multiple
engine-up to and including 25 yds. struck)
GROUP 16: Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (single engine,
over 50 yds. struck); Rubber-tired earth-moving equipment
operator, operating equipment with push-pull system
(multiple engine, Euclid, Caterpillar and similar, over 25
yds. and up to 50 yds. struck)
GROUP 17: Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (multiple engine,
Euclid, Caterpillar and similar, over 50 cu. yds. struck);
Tandem tractor operator (operating crawler type tractors in
tandem - Quad 9 and similar type)
GROUP 18: Rubber-tired earth-moving equipment operator,
operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, up to and including 25 yds. struck)
Contract 1300-50
GROUP 19: Rotex concrete belt operator (or similar types);
Rubber-tired earth-moving equipment operator, operating in
tandem (scrapers, belly dumps and similar types in any
combination, excluding compaction units - single engine,
Caterpillar, Euclid, Athey Wagon and similar types with any
and all attachments over 25 yds.and up to and including 50
cu. yds. struck); Rubber-tired earth-moving equipment
operator, operating in tandem (scrapers, belly dumps and
similar types in any combination, excluding compaction
units - multiple engine, up to and including 25 yds. struck)
GROUP 20: Rubber-tired earth-moving equipment operator,
operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, over 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating in tandem
(scrapers, belly dumps, and similar types in any
combination, excluding compaction units - multiple engine,
Euclid, Caterpillar and similar, over 25 yds. and up to 50
yds. struck)
GROUP 21: Rubber-tired earth-moving equipment operator,
operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
multiple engine, Euclid, Caterpillar and similar type, over
50 cu. yds. struck)
GROUP 22: Rubber-tired earth-moving equipment operator,
operating equipment with the tandem push-pull system
(single engine, up to and including 25 yds. struck)
GROUP 23: Rubber-tired earth-moving equipment operator,
operating equipment with the tandem push-pull system
(single engine, Caterpillar, Euclid, Athey Wagon and
similar types with any and all attachments over 25 yds. and
up to and including 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating with the tandem
push-pull system (multiple engine, up to and including 25
yds. struck)
GROUP 24: Rubber-tired earth-moving equipment operator,
operating equipment with the tandem push-pull system
(single engine, over 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating equipment with
the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar, over 25 yds. and up to 50 yds.
struck)
GROUP 25: Concrete pump operator-truck mounted; Rubber-tired
earth-moving equipment operator, operating equipment with
the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar type, over 50 cu. yds. struck);
Spyder Excavator Operator, with all attachments
CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS
GROUP 1: Engineer oiler; Fork lift operator (includes loed,
lull or similar types)
Contract 1300-51
GROUP 2: Truck crane oiler
GROUP 3: A-frame or winch truck operator; Ross carrier
operator (jobsite)
GROUP 4: Bridge-type unloader and turntable operator;
Helicopter hoist operator
GROUP 5: Hydraulic boom truck; Stinger crane (Austin-Western
or similar type); Tugger hoist operator (1 drum)
GROUP 6: Bridge crane operator; Cretor crane operator; Hoist
operator (Chicago boom and similar type); Lift mobile
operator; Lift slab machine operator (Vagtborg and similar
types); Material hoist and/or manlift operator; Polar
gantry crane operator; Self Climbing scaffold (or similar
type); Shovel, backhoe, dragline, clamshell operator (over
3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator
GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline,
clamshell operator (over 5 cu. yds. mrc); Tower crane
repair; Tugger hoist operator (3 drum)
GROUP 8: Crane operator (up to and including 25 ton
capacity); Crawler transporter operator; Derrick barge
operator (up to and including 25 ton capacity); Hoist
operator, stiff legs, Guy derrick or similar type (up to
and including 25 ton capacity); Shovel, backhoe, dragline,
clamshell operator (over 7 cu. yds., M.R.C.)
GROUP 9: Crane operator (over 25 tons and up to and including
50 tons mrc); Derrick barge operator (over 25 tons up to
and including 50 tons mrc); Highline cableway operator;
Hoist operator, stiff legs, Guy derrick or similar type
(over 25 tons up to and including 50 tons mrc); K-crane
operator; Polar crane operator; Self erecting tower crane
operator maximum lifting capacity ten tons
GROUP 10: Crane operator (over 50 tons and up to and
including 100 tons mrc); Derrick barge operator (over 50
tons up to and including 100 tons mrc); Hoist operator,
stiff legs, Guy derrick or similar type (over 50 tons up to
and including 100 tons mrc), Mobile tower crane operator
(over 50 tons, up to and including 100 tons M.R.C.);
GROUP 11: Crane operator (over 100 tons and up to and
including 200 tons mrc); Derrick barge operator (over 100
tons up to and including 200 tons mrc); Hoist operator,
stiff legs, Guy derrick or similar type (over 100 tons up
to and including 200 tons mrc); Mobile tower crane operator
(over 100 tons up to and including 200 tons mrc) ; Tower
crane operator and tower gantry
GROUP 12: Crane operator (over 200 tons up to and including
300 tons mrc); Derrick barge operator (over 200 tons up to
and including 300 tons mrc); Hoist operator, stiff legs,
Guy derrick or similar type (over 200 tons, up to and
including 300 tons mrc); Mobile tower crane operator (over
Contract 1300-52
200 tons, up to and including 300 tons mrc)
GROUP 13: Crane operator (over 300 tons); Derrick barge
operator (over 300 tons); Helicopter pilot; Hoist operator,
stiff legs, Guy derrick or similar type (over 300 tons);
Mobile tower crane operator (over 300 tons)
TUNNEL CLASSIFICATIONS
GROUP 1: Skiploader (wheel type up to 3/4 yd. without
attachment)
GROUP 2: Power-driven jumbo form setter operator
GROUP 3: Dinkey locomotive or motorperson (up to and
including 10 tons)
GROUP 4: Bit sharpener; Equipment greaser (grease truck);
Slip form pump operator (power-driven hydraulic lifting
device for concrete forms); Tugger hoist operator (1 drum);
Tunnel locomotive operator (over 10 and up to and including
30 tons)
GROUP 5: Backhoe operator (up to and including 3/4 yd.);
Small Ford, Case or similar; Drill doctor; Grouting machine
operator; Heading shield operator; Heavy-duty repairperson;
Loader operator (Athey, Euclid, Sierra and similar types);
Mucking machine operator (1/4 yd., rubber-tired, rail or
track type); Pneumatic concrete placing machine operator
(Hackley-Presswell or similar type); Pneumatic heading
shield (tunnel); Pumpcrete gun operator; Tractor compressor
drill combination operator; Tugger hoist operator (2 drum);
Tunnel locomotive operator (over 30 tons)
GROUP 6: Heavy Duty Repairman
GROUP 7: Tunnel mole boring machine operator
ENGINEERS ZONES
$1.00 additional per hour for all of IMPERIAL County and the
portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as
defined below:
That area within the following Boundary: Begin in San
Bernardino County, approximately 3 miles NE of the intersection
of I-15 and the California State line at that point which is
the NW corner of Section 1, T17N,m R14E, San Bernardino
Meridian. Continue W in a straight line to that point which is
the SW corner of the northwest quarter of Section 6, T27S,
R42E, Mt. Diablo Meridian. Continue North to the intersection
with the Inyo County Boundary at that point which is the NE
corner of the western half of the northern quarter of Section
6, T25S, R42E, MDM. Continue W along the Inyo and San
Bernardino County boundary until the intersection with Kern
County, as that point which is the SE corner of Section 34,
T24S, R40E, MDM. Continue W along the Inyo and Kern County
boundary until the intersection with Tulare County, at that
point which is the SW corner of the SE quarter of Section 32,
Contract 1300-53
T24S, R37E, MDM. Continue W along the Kern and Tulare County
boundary, until that point which is the NW corner of T25S,
R32E, MDM. Continue S following R32E lines to the NW corner of
T31S, R32E, MDM. Continue W to the NW corner of T31S, R31E,
MDM. Continue S to the SW corner of T32S, R31E, MDM. Continue
W to SW corner of SE quarter of Section 34, T32S, R30E, MDM.
Continue S to SW corner of T11N, R17W, SBM. Continue E along
south boundary of T11N, SBM to SW corner of T11N, R7W, SBM.
Continue S to SW corner of T9N, R7W, SBM. Continue E along
south boundary of T9N, SBM to SW corner of T9N, R1E, SBM.
Continue S along west boundary of R1E, SMB to Riverside County
line at the SW corner of T1S, R1E, SBM. Continue E along south
boundary of T1s, SBM (Riverside County Line) to SW corner of
T1S, R10E, SBM. Continue S along west boundary of R10E, SBM to
Imperial County line at the SW corner of T8S, R10E, SBM.
Continue W along Imperial and Riverside county line to NW
corner of T9S, R9E, SBM. Continue S along the boundary between
Imperial and San Diego Counties, along the west edge of R9E,
SBM to the south boundary of Imperial County/California state
line. Follow the California state line west to Arizona state
line, then north to Nevada state line, then continuing NW back
to start at the point which is the NW corner of Section 1,
T17N, R14E, SBM
$1.00 additional per hour for portions of SAN LUIS OBISPO,
KERN, SANTA BARBARA & VENTURA as defined below:
That area within the following Boundary: Begin approximately 5
miles north of the community of Cholame, on the Monterey County
and San Luis Obispo County boundary at the NW corner of T25S,
R16E, Mt. Diablo Meridian. Continue south along the west side
of R16E to the SW corner of T30S, R16E, MDM. Continue E to SW
corner of T30S, R17E, MDM. Continue S to SW corner of T31S,
R17E, MDM. Continue E to SW corner of T31S, R18E, MDM.
Continue S along West side of R18E, MDM as it crosses into San
Bernardino Meridian numbering area and becomes R30W. Follow
the west side of R30W, SBM to the SW corner of T9N, R30W, SBM.
Continue E along the south edge of T9N, SBM to the Santa
Barbara County and Ventura County boundary at that point whch
is the SW corner of Section 34.T9N, R24W, SBM, continue S along
the Ventura County line to that point which is the SW corner of
the SE quarter of Section 32, T7N, R24W, SBM. Continue E
along the south edge of T7N, SBM to the SE corner to T7N, R21W,
SBM. Continue N along East side of R21W, SBM to Ventura County
and Kern County boundary at the NE corner of T8N, R21W.
Continue W along the Ventura County and Kern County boundary to
the SE corner of T9N, R21W. Continue North along the East edge
of R21W, SBM to the NE corner of T12N, R21W, SBM. Continue
West along the north edge of T12N, SBM to the SE corner of
T32S, R21E, MDM. [T12N SBM is a think strip between T11N SBM
and T32S MDM]. Continue North along the East side of R21E, MDM
to the Kings County and Kern County border at the NE corner of
T25S, R21E, MDM, continue West along the Kings County and Kern
County Boundary until the intersection of San Luis Obispo
County. Continue west along the Kings County and San Luis
Obispo County boundary until the intersection with Monterey
County. Continue West along the Monterey County and San Luis
Obispo County boundary to the beginning point at the NW corner
of T25S, R16E, MDM.
Contract 1300-54
$2.00 additional per hour for INYO and MONO Counties and the
Northern portion of SAN BERNARDINO County as defined below:
That area within the following Boundary: Begin at the
intersection of the northern boundary of Mono County and the
California state line at the point which is the center of
Section 17, T10N, R22E, Mt. Diablo Meridian. Continue S then
SE along the entire western boundary of Mono County, until it
reaches Inyo County at the point which is the NE corner of the
Western half of the NW quarter of Section 2, T8S, R29E, MDM.
Continue SSE along the entire western boundary of Inyo County,
until the intersection with Kern County at the point which is
the SW corner of the SE 1/4 of Section 32, T24S, R37E, MDM.
Continue E along the Inyo and Kern County boundary until the
intersection with San Bernardino County at that point which is
the SE corner of section 34, T24S, R40E, MDM. Continue E along
the Inyo and San Bernardino County boundary until the point
which is the NE corner of the Western half of the NW quarter of
Section 6, T25S, R42E, MDM. Continue S to that point which is
the SW corner of the NW quarter of Section 6, T27S, R42E, MDM.
Continue E in a straight line to the California and Nevada
state border at the point which is the NW corner of Section 1,
T17N, R14E, San Bernardino Meridian. Then continue NW along
the state line to the starting point, which is the center of
Section 18, T10N, R22E, MDM.
REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE
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IRON0433-006 01/01/2025
Rates Fringes
IRONWORKER
Fence Erector...............$ 45.78 26.51
Ornamental, Reinforcing
and Structural..............$ 50.70 35.15
PREMIUM PAY:
$9.00 additional per hour at the following locations:
China Lake Naval Test Station, Chocolate Mountains Naval
Reserve-Niland,
Edwards AFB, Fort Irwin Military Station, Fort Irwin Training
Center-Goldstone, San Clemente Island, San Nicholas Island,
Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine
Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB
Army Defense Language Institute - Monterey, Fallon Air Base,
Naval Post Graduate School - Monterey, Yermo Marine Corps
Logistics Center
Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock
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LABO0300-005 07/01/2024
Contract 1300-55
Rates Fringes
Asbestos Removal Laborer.........$ 43.88 25.13
SCOPE OF WORK: Includes site mobilization, initial site
cleanup, site preparation, removal of asbestos-containing
material and toxic waste, encapsulation, enclosure and
disposal of asbestos- containing materials and toxic waste
by hand or with equipment or machinery; scaffolding,
fabrication of temporary wooden barriers and assembly of
decontamination stations.
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LABO0345-001 07/01/2024
Rates Fringes
LABORER (GUNITE)
GROUP 1.....................$ 53.48 22.77
GROUP 2.....................$ 52.53 22.77
GROUP 3.....................$ 48.99 22.77
FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a
Bosn'n's Chair or suspended from a rope or cable shall
receive 40 cents per hour above the foregoing applicable
classification rates. Workers doing gunite and/or
shotcrete work in a tunnel shall receive 35 cents per hour
above the foregoing applicable classification rates, paid
on a portal-to-portal basis. Any work performed on, in or
above any smoke stack, silo, storage elevator or similar
type of structure, when such structure is in excess of
75'-0"" above base level and which work must be performed in
whole or in part more than 75'-0"" above base level, that
work performed above the 75'-0"" level shall be compensated
for at 35 cents per hour above the applicable
classification wage rate.
GUNITE LABORER CLASSIFICATIONS
GROUP 1: Rodmen, Nozzlemen
GROUP 2: Gunmen
GROUP 3: Reboundmen
----------------------------------------------------------------
LABO1184-001 07/01/2024
Rates Fringes
Laborers: (HORIZONTAL
DIRECTIONAL DRILLING)
(1) Drilling Crew Laborer...$ 45.34 20.06
(2) Vehicle Operator/Hauler.$ 45.51 20.06
(3) Horizontal Directional
Drill Operator..............$ 47.36 20.06
(4) Electronic Tracking
Locator.....................$ 49.36 20.06
Contract 1300-56
Laborers: (STRIPING/SLURRY
SEAL)
GROUP 1.....................$ 46.65 23.17
GROUP 2.....................$ 47.95 23.17
GROUP 3.....................$ 49.96 23.17
GROUP 4.....................$ 51.70 23.17
LABORERS - STRIPING CLASSIFICATIONS
GROUP 1: Protective coating, pavement sealing, including
repair and filling of cracks by any method on any surface
in parking lots, game courts and playgrounds; carstops;
operation of all related machinery and equipment; equipment
repair technician
GROUP 2: Traffic surface abrasive blaster; pot tender -
removal of all traffic lines and markings by any method
(sandblasting, waterblasting, grinding, etc.) and
preparation of surface for coatings. Traffic control
person: controlling and directing traffic through both
conventional and moving lane closures; operation of all
related machinery and equipment
GROUP 3: Traffic delineating device applicator: Layout and
application of pavement markers, delineating signs, rumble
and traffic bars, adhesives, guide markers, other traffic
delineating devices including traffic control. This
category includes all traffic related surface preparation
(sandblasting, waterblasting, grinding) as part of the
application process. Traffic protective delineating system
installer: removes, relocates, installs, permanently
affixed roadside and parking delineation barricades,
fencing, cable anchor, guard rail, reference signs,
monument markers; operation of all related machinery and
equipment; power broom sweeper
GROUP 4: Striper: layout and application of traffic stripes
and markings; hot thermo plastic; tape traffic stripes and
markings, including traffic control; operation of all
related machinery and equipment
----------------------------------------------------------------
LABO1184-002 07/01/2022
Rates Fringes
LABORER (TUNNEL)
GROUP 1.....................$ 45.68 23.30
GROUP 2.....................$ 46.00 23.30
GROUP 3.....................$ 46.46 23.30
GROUP 4.....................$ 47.15 23.30
LABORER
GROUP 1.....................$ 36.39 21.04
GROUP 2.....................$ 36.94 21.04
GROUP 3.....................$ 37.49 21.04
GROUP 4.....................$ 39.04 21.04
GROUP 5.....................$ 39.39 21.04
LABORER CLASSIFICATIONS
Contract 1300-57
GROUP 1: Cleaning and handling of panel forms; Concrete
screeding for rough strike-off; Concrete, water curing;
Demolition laborer, the cleaning of brick if performed by a
worker performing any other phase of demolition work, and
the cleaning of lumber; Fire watcher, limber, brush loader,
piler and debris handler; Flag person; Gas, oil and/or
water pipeline laborer; Laborer, asphalt-rubber material
loader; Laborer, general or construction; Laborer, general
clean-up; Laborer, landscaping; Laborer, jetting; Laborer,
temporary water and air lines; Material hose operator
(walls, slabs, floors and decks); Plugging, filling of shee
bolt holes; Dry packing of concrete; Railroad maintenance,
repair track person and road beds; Streetcar and railroad
construction track laborers; Rigging and signaling; Scaler;
Slip form raiser; Tar and mortar; Tool crib or tool house
laborer; Traffic control by any method; Window cleaner;
Wire mesh pulling - all concrete pouring operations
GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger
mixer and handling bulk cement); Cesspool digger and
installer; Chucktender; Chute handler, pouring concrete,
the handling of the chute from readymix trucks, such as
walls, slabs, decks, floors, foundation, footings, curbs,
gutters and sidewalks; Concrete curer, impervious membrane
and form oiler; Cutting torch operator (demolition); Fine
grader, highways and street paving, airport, runways and
similar type heavy construction; Gas, oil and/or water
pipeline wrapper - pot tender and form person; Guinea
chaser; Headerboard person - asphalt; Laborer, packing rod
steel and pans; Membrane vapor barrier installer; Power
broom sweeper (small); Riprap stonepaver, placing stone or
wet sacked concrete; Roto scraper and tiller; Sandblaster
(pot tender); Septic tank digger and installer(lead); Tank
scaler and cleaner; Tree climber, faller, chain saw
operator, Pittsburgh chipper and similar type brush
shredder; Underground laborer, including caisson bellower
GROUP 3: Buggymobile person; Concrete cutting torch; Concrete
pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or
longer; Dri-pak-it machine; Gas, oil and/or water pipeline
wrapper, 6-in. pipe and over, by any method, inside and
out; High scaler (including drilling of same); Hydro seeder
and similar type; Impact wrench multi-plate; Kettle person,
pot person and workers applying asphalt, lay-kold,
creosote, lime caustic and similar type materials
(""applying"" means applying, dipping, brushing or handling
of such materials for pipe wrapping and waterproofing);
Operator of pneumatic, gas, electric tools, vibrating
machine, pavement breaker, air blasting, come-alongs, and
similar mechanical tools not separately classified herein;
Pipelayer's backup person, coating, grouting, making of
joints, sealing, caulking, diapering and including rubber
gasket joints, pointing and any and all other services;
Rock slinger; Rotary scarifier or multiple head concrete
chipping scarifier; Steel headerboard and guideline setter;
Tamper, Barko, Wacker and similar type; Trenching machine,
hand-propelled
Contract 1300-58
GROUP 4: Asphalt raker, lute person, ironer, asphalt dump
person, and asphalt spreader boxes (all types); Concrete
core cutter (walls, floors or ceilings), grinder or sander;
Concrete saw person, cutting walls or flat work, scoring
old or new concrete; Cribber, shorer, lagging, sheeting and
trench bracing, hand-guided lagging hammer; Head rock
slinger; Laborer, asphalt- rubber distributor boot person;
Laser beam in connection with laborers' work; Oversize
concrete vibrator operator, 70 lbs. and over; Pipelayer
performing all services in the laying and installation of
pipe from the point of receiving pipe in the ditch until
completion of operation, including any and all forms of
tubular material, whether pipe, metallic or non-metallic,
conduit and any other stationary type of tubular device
used for the conveying of any substance or element, whether
water, sewage, solid gas, air, or other product whatsoever
and without regard to the nature of material from which the
tubular material is fabricated; No-joint pipe and stripping
of same; Prefabricated manhole installer; Sandblaster
(nozzle person), water blasting, Porta Shot-Blast
GROUP 5: Blaster powder, all work of loading holes, placing
and blasting of all powder and explosives of whatever type,
regardless of method used for such loading and placing;
Driller: All power drills, excluding jackhammer, whether
core, diamond, wagon, track, multiple unit, and any and all
other types of mechanical drills without regard to the form
of motive power; Toxic waste removal
TUNNEL LABORER CLASSIFICATIONS
GROUP 1: Batch plant laborer; Changehouse person; Dump
person; Dump person (outside); Swamper (brake person and
switch person on tunnel work); Tunnel materials handling
person; Nipper; Pot tender, using mastic or other materials
(for example, but not by way of limitation, shotcrete, etc.)
GROUP 2: Chucktender, cabletender; Loading and unloading
agitator cars; Vibrator person, jack hammer, pneumatic
tools (except driller); Bull gang mucker, track person;
Concrete crew, including rodder and spreader
GROUP 3: Blaster, driller, powder person; Chemical grout jet
person; Cherry picker person; Grout gun person; Grout mixer
person; Grout pump person; Jackleg miner; Jumbo person;
Kemper and other pneumatic concrete placer operator; Miner,
tunnel (hand or machine); Nozzle person; Operating of
troweling and/or grouting machines; Powder person (primer
house); Primer person; Sandblaster; Shotcrete person; Steel
form raiser and setter; Timber person, retimber person,
wood or steel; Tunnel Concrete finisher
GROUP 4: Diamond driller; Sandblaster; Shaft and raise work
----------------------------------------------------------------
* LABO1184-004 07/01/2024
Rates Fringes
Contract 1300-59
Brick Tender.....................$ 41.53 22.54
----------------------------------------------------------------
LABO1414-001 08/03/2022
Rates Fringes
LABORER
PLASTER CLEAN-UP LABORER....$ 38.92 23.32
PLASTER TENDER..............$ 41.47 23.32
Work on a swing stage scaffold: $1.00 per hour additional.
----------------------------------------------------------------
PAIN0036-001 07/01/2023
Rates Fringes
Painters: (Including Lead
Abatement)
(1) Repaint (excludes San
Diego County)...............$ 29.59 17.12
(2) All Other Work..........$ 38.52 18.64
REPAINT of any previously painted structure. Exceptions:
work involving the aerospace industry, breweries,
commercial recreational facilities, hotels which operate
commercial establishments as part of hotel service, and
sports facilities.
----------------------------------------------------------------
PAIN0036-008 09/01/2024
Rates Fringes
DRYWALL FINISHER/TAPER...........$ 49.33 26.82
----------------------------------------------------------------
PAIN0036-015 06/01/2024
Rates Fringes
GLAZIER..........................$ 58.00 26.25
FOOTNOTE: Additional $1.25 per hour for work in a condor,
from the third (3rd) floor and up Additional $1.25 per
hour for work on the outside of the building from a swing
stage or any suspended contrivance, from the ground up
----------------------------------------------------------------
PLAS0200-009 08/03/2022
Rates Fringes
PLASTERER........................$ 47.37 19.64
----------------------------------------------------------------
PLAS0500-002 07/01/2023
Rates Fringes
CEMENT MASON/CONCRETE FINISHER...$ 44.00 27.11
----------------------------------------------------------------
Contract 1300-60
PLUM0016-001 09/01/2024
Rates Fringes
PLUMBER/PIPEFITTER
Work ONLY on new additions
and remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft. of
floor space.................$ 57.67 25.63
Work ONLY on strip malls,
light commercial, tenant
improvement and remodel
work........................$ 44.24 23.96
All other work except work
on new additions and
remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft. of
floor space and work on
strip malls, light
commercial, tenant
improvement and remodel
work........................$ 59.48 26.61
----------------------------------------------------------------
PLUM0345-001 09/01/2023
Rates Fringes
PLUMBER
Landscape/Irrigation Fitter.$ 40.20 25.90
Sewer & Storm Drain Work....$ 44.29 23.28
----------------------------------------------------------------
ROOF0036-002 08/01/2024
Rates Fringes
ROOFER...........................$ 49.43 20.58
FOOTNOTE: Pitch premium: Work on which employees are exposed
to pitch fumes or required to handle pitch, pitch base or
pitch impregnated products, or any material containing coal
tar pitch, the entire roofing crew shall receive $1.75 per
hour ""pitch premium"" pay.
----------------------------------------------------------------
SFCA0669-002 01/01/2025
Rates Fringes
SPRINKLER FITTER.................$ 47.45 28.50
----------------------------------------------------------------
SHEE0105-003 01/01/2025
LOS ANGELES (South of a straight line drawn between Gorman and
Big Pines)and Catalina Island, INYO, KERN (Northeast part, East
of Hwy 395), MONO ORANGE, RIVERSIDE, AND SAN BERNARDINO COUNTIES
Contract 1300-61
Rates Fringes
SHEET METAL WORKER
(1) Commercial - New
Construction and Remodel
work........................$ 59.31 30.43
(2) Industrial work
including air pollution
control systems, noise
abatement, hand rails,
guard rails, excluding
aritechtural sheet metal
work, excluding A-C,
heating, ventilating
systems for human comfort...$ 56.95 30.04
----------------------------------------------------------------
TEAM0011-002 07/01/2024
Rates Fringes
TRUCK DRIVER
GROUP 1....................$ 39.59 34.34
GROUP 2....................$ 39.74 34.34
GROUP 3....................$ 39.87 34.34
GROUP 4....................$ 40.06 34.34
GROUP 5....................$ 40.09 34.34
GROUP 6....................$ 40.12 34.34
GROUP 7....................$ 40.37 34.34
GROUP 8....................$ 40.62 34.34
GROUP 9....................$ 40.82 34.34
GROUP 10....................$ 41.12 34.34
GROUP 11....................$ 41.62 34.34
GROUP 12....................$ 42.05 34.34
WORK ON ALL MILITARY BASES:
PREMIUM PAY: $3.00 per hour additional.
[29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB,
El Centro Naval Facility, Fort Irwin, Marine Corps
Logistics Base at Nebo & Yermo, Mountain Warfare Training
Center, Bridgeport, Point Arguello, Point Conception,
Vandenberg AFB]
TRUCK DRIVERS CLASSIFICATIONS
GROUP 1: Truck driver
GROUP 2: Driver of vehicle or combination of vehicles - 2
axles; Traffic control pilot car excluding moving heavy
equipment permit load; Truck mounted broom
GROUP 3: Driver of vehicle or combination of vehicles - 3
axles; Boot person; Cement mason distribution truck; Fuel
truck driver; Water truck - 2 axle; Dump truck, less than
16 yds. water level; Erosion control driver
Contract 1300-62
GROUP 4: Driver of transit mix truck, under 3 yds.; Dumpcrete
truck, less than 6-1/2 yds. water level
GROUP 5: Water truck, 3 or more axles; Truck greaser and tire
person ($0.50 additional for tire person); Pipeline and
utility working truck driver, including winch truck and
plastic fusion, limited to pipeline and utility work;
Slurry truck driver
GROUP 6: Transit mix truck, 3 yds. or more; Dumpcrete truck,
6-1/2 yds. water level and over; Vehicle or combination of
vehicles - 4 or more axles; Oil spreader truck; Dump truck,
16 yds. to 25 yds. water level
GROUP 7: A Frame, Swedish crane or similar; Forklift driver;
Ross carrier driver
GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck
repair person; Water pull - single engine; Welder
GROUP 9: Truck repair person/welder; Low bed driver, 9 axles
or over
GROUP 10: Dump truck - 50 yds. or more water level; Water
pull - single engine with attachment
GROUP 11: Water pull - twin engine; Water pull - twin engine
with attachments; Winch truck driver - $1.25 additional
when operating winch or similar special attachments
GROUP 12: Boom Truck 17K and above
----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
================================================================
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis-Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health-related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at
https://www.dol.gov/agencies/whd/government-contracts.
Unlisted classifications needed for work not included within
Contract 1300-63
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (iii)).
----------------------------------------------------------------
The body of each wage determination lists the classifications
and wage rates that have been found to be prevailing for the
type(s) of construction and geographic area covered by the wage
determination. The classifications are listed in alphabetical
order under rate identifiers indicating whether the particular
rate is a union rate (current union negotiated rate), a survey
rate, a weighted union average rate, a state adopted rate, or a
supplemental classification rate.
Union Rate Identifiers
A four-letter identifier beginning with characters other than
""SU"", ""UAVG"", ?SA?, or ?SC? denotes that a union rate was
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2024. PLUM is an identifier of the union
whose collectively bargained rate prevailed in the survey for
this classification, which in this example would be Plumbers.
0198 indicates the local union number or district council
number where applicable, i.e., Plumbers Local 0198. The next
number, 005 in the example, is an internal number used in
processing the wage determination. The date, 07/01/2024 in the
example, is the effective date of the most current negotiated
rate.
Union prevailing wage rates are updated to reflect all changes
over time that are reported to WHD in the rates
in the collective bargaining agreement (CBA) governing the
classification.
Union Average Rate Identifiers
The UAVG identifier indicates that no single rate prevailed for
those classifications, but that 100% of the data reported for
the classifications reflected union rates. EXAMPLE:
UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a
weighted union average rate. OH indicates the State of Ohio.
The next number, 0010 in the example, is an internal number
used in producing the wage determination. The date, 01/01/2024
in the example, indicates the date the wage determination was
updated to reflect the most current union average rate.
A UAVG rate will be updated once a year, usually in January, to
reflect a weighted average of the current rates in the
collective bargaining agreements on which the rate is based.
Survey Rate Identifiers
The ""SU"" identifier indicates that either a single non-union
rate prevailed (as defined in 29 CFR 1.2) for this
classification in the survey or that the rate was derived by
computing a weighted average rate based on all the rates
reported in the survey for that classification. As a weighted
Contract 1300-64
average rate includes all rates reported in the survey, it may
include both union and non-union rates. Example: SUFL2022-007
6/27/2024. SU indicates the rate is a single non-union
prevailing rate or a weighted average of survey data for that
classification. FL indicates the State of Florida. 2022 is the
year of the survey on which these classifications and rates are
based. The next number, 007 in the example, is an internal
number used in producing the wage determination. The date,
6/27/2024 in the example, indicates the survey completion date
for the classifications and rates under that identifier.
?SU? wage rates typically remain in effect until a new survey
is conducted. However, the Wage and Hour Division (WHD) has the
discretion to update such rates under 29 CFR 1.6(c)(1).
State Adopted Rate Identifiers
The ""SA"" identifier indicates that the classifications and
prevailing wage rates set by a state (or local) government were
adopted under 29 C.F.R 1.3(g)-(h). Example: SAME2023-007
01/03/2024. SA reflects that the rates are state adopted. ME
refers to the State of Maine. 2023 is the year during which the
state completed the survey on which the listed classifications
and rates are based. The next number, 007 in the example, is an
internal number used in producing the wage determination.
The date, 01/03/2024 in the example, reflects the date on which
the classifications and rates under the ?SA? identifier took
effect under state law in the state from which the rates were
adopted.
-----------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1) Has there been an initial decision in the matter? This can
be:
a) a survey underlying a wage determination
b) an existing published wage determination
c) an initial WHD letter setting forth a position on
a wage determination matter
d) an initial conformance (additional classification
and rate) determination
On survey related matters, initial contact, including requests
for summaries of surveys, should be directed to the WHD Branch
of Wage Surveys. Requests can be submitted via email to
davisbaconinfo@dol.gov or by mail to:
Branch of Wage Surveys
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
Regarding any other wage determination matter such as
conformance decisions, requests for initial decisions should be
directed to the WHD Branch of Construction Wage Determinations.
Requests can be submitted via email to BCWD-Office@dol.gov or
Contract 1300-65
by mail to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2) If an initial decision has been issued, then any interested
party (those affected by the action) that disagrees with the
decision can request review and reconsideration from the Wage
and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).
Requests for review and reconsideration can be submitted via
email to dba.reconsideration@dol.gov or by mail to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and any information (wage payment
data, project description, area practice material, etc.) that
the requestor considers relevant to the issue.
3) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210.
================================================================
END OF GENERAL DECISION"
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 , 2025, awarded to
, hereinafter designated as the Principal, a Contract for City Project No.
2022-25, Federal Project No. HIPL-5433(021), Highway 111 Resurfacing Project
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 , 2025, 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 , 2025, awarded to
, hereinafter designated as the Principal, a Contract for Project No.
2022-25, Federal Project No. HIPL-5433(021), Highway 111 Resurfacing Project.
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 , 2025, 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
Workers Compensation Declaration of Sole Proprietor if applicable
Liability and Insurance Requirements 1340-4
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.
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.
Liability and Insurance Requirements 1340-5
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.
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.
Liability and Insurance Requirements 1340-6
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called “third party action over” claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and
additional requirements by the City, as the need arises.
Contracting Party shall not make any reductions in scope of coverage (e.g.
elimination of contractual liability or reduction of discovery period) that may affect
City’s protection without City’s prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Contracting Party’s general liability policy, shall be delivered to
City at or prior to the execution of this Agreement. In the event such proof of any
insurance is not delivered as required, or in the event such insurance is canceled
at any time and no replacement coverage is provided, City has the right, but not
the duty, to obtain any insurance it deems necessary to protect its interests under
this or any other agreement and to pay the premium. Any premium so paid by City
shall be charged to and promptly paid by Contracting Party or deducted from sums
due Contracting Party, at City option.
8. It is acknowledged by the parties of this agreement that all insurance coverage
required to be provided by Contracting Party or any subcontractor, is intended to
apply first and on a primary, non-contributing basis in relation to any other
insurance or self-insurance available to City.
9. Contracting Party agrees to ensure that subcontractors, and any other party
involved with the project that is brought onto or involved in the project by
Contracting Party, provide the same minimum insurance coverage required of
Contracting Party. Contracting Party agrees to monitor and review all such
coverage and assumes all responsibility for ensuring that such coverage is
provided in conformity with the requirements of this section. Contracting Party
agrees that upon request, all agreements with subcontractors and others engaged
in the project will be submitted to City for review.
10. Contracting Party agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein (with the exception of
professional liability coverage, if required) and further agrees that it will not allow
any contractor, subcontractor, Architect, Engineer or other entity or person in any
way involved in the performance of work on the project contemplated by this
agreement to self-insure its obligations to City. If Contracting Party’s existing
coverage includes a deductible or self-insured retention, the deductible or self-
insured retention must be declared to the City. At that time the City shall review
options with the Contracting Party, which may include reduction or elimination of
the deductible or self-insured retention, substitution of other coverage, or other
solutions.
Liability and Insurance Requirements 1340-7
11. The City reserves the right at any time during the term of this Agreement to change
the amounts and types of insurance required by giving the Contracting Party ninety
(90) days advance written notice of such change. If such change results in
substantial additional cost to the Contracting Party, the City will negotiate
additional compensation proportional to the increased benefit to City.
12. For purposes of applying insurance coverage only, this Agreement will be deemed
to have been executed immediately upon any party hereto taking any steps that
can be deemed to be in furtherance of or towards performance of this Agreement.
13. Contracting Party acknowledges and agrees that any actual or alleged failure on
the part of City to inform Contracting Party of non-compliance with any insurance
requirement in no way imposes any additional obligations on City nor does it waive
any rights hereunder in this or any other regard.
14. Contracting Party will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type pursuant to
this agreement. This obligation applies whether or not the agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until
City executes a written statement to that effect.
15. Contracting Party shall provide proof that policies of insurance required herein
expiring during the term of this Agreement have been renewed or replaced with
other policies providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. A coverage binder or letter
from Contracting Party’s insurance agent to this effect is acceptable. A certificate
of insurance and/or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided to City
within five (5) days of the expiration of coverages.
16. The provisions of any workers’ compensation or similar act will not limit the
obligations of Contracting Party under this agreement. Contracting Party expressly
agrees not to use any statutory immunity defenses under such laws with respect
to City, its employees, officials, and agents.
17. Requirements of specific coverage features, or limits contained in this section are
not intended as limitations on coverage, limits or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a
given issue, and is not intended by any party or insured to be limiting or all-
inclusive.
18. These insurance requirements are intended to be separate and distinct from any
other provision in this Agreement and are intended by the parties here to be
interpreted as such.
19. The requirements in this Exhibit supersede all other sections and provisions of this
Agreement to the extent that any other section or provision conflicts with or impairs
the provisions of this Exhibit.
Liability and Insurance Requirements 1340-8
20. Contracting Party agrees to be responsible for ensuring that no contract used by
any party involved in any way with the project reserves the right to charge City or
Contracting Party for the cost of additional insurance coverage required by this
agreement. Any such provisions are to be deleted with reference to City. It is not
the intent of City to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against City for payment of premiums
or other amounts with respect thereto.
21. Contracting Party agrees to provide immediate notice to City of any claim or loss
against Contracting Party arising out of the work performed under this agreement.
City assumes no obligation or liability by such notice, but has the right (but not the
duty) to monitor the handling of any such claim or claims if they are likely to involve
City.
2.5 Change in Terms
The Contractor shall provide immediate written notice to the City of any change in
terms and conditions and/or reduction in the coverage of any nature to the
insurance policies. The notice shall be sent to:
Jon McMillen, City Manager
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
General Conditions 1400-1
SECTION 1400
GENERAL CONDITIONS
1.0 GENERAL
1.1 Intent of Contract Documents
Where the Plans or Specifications describe portions of the Work in general terms
but not in complete detail, it is understood that only the best general practice is to
prevail and that only materials and workmanship of the first quality are to be used.
Unless otherwise specified, the Contractor shall furnish tools, equipment, and
incidentals, and do all the work involved in executing the Contract in a satisfactory
and workmanlike manner.
Unless specifically noted otherwise, all sections of the Specifications and the
Plans shall be complimentary and applicable to each other.
In the event the materials and/or equipment are to be furnished by the City, as
designated in the Specific Project Requirements or as agreed on, this shall not
relieve the Contractor of the above requirements to furnish all other labor,
materials, and equipment to complete the Contract.
Words and abbreviations which have well known technical or trade meaning are
used in the Contract Documents in accordance with such recognized meanings.
1.2 Discrepancies and Omissions
Any discrepancies or omissions found in the Contract Documents shall be
immediately reported to the City Engineer who will clarify discrepancies or
omissions, in writing, within a reasonable time.
In resolving inconsistencies among two or more sections of the Contract
Documents, precedence shall be given in the following order:
1. Contract
a. Agreement
b. Permits
c. Change Orders
2. Instruction to Bidders
3. Permits issued by other agencies
4. Specific Project Requirements
5. General Project Requirements
6. Supplementary Conditions
7. General Conditions
8. Technical Specifications
9. Standard Specifications
10. Reference Specifications
11. Plans
12. Standard Plans
1.3 Headings
Headings to parts, divisions, sections, articles, paragraphs, subparagraphs, and
forms are inserted for convenience of reference only and shall not affect the
interpretation of the Contract Documents.
General Conditions 1400-2
1.4 Penalty for Collusion
If, at any time, it is found that the person, firm, or corporation to whom the Contract
has been awarded has, in presenting any bid or bids, colluded with any other party
or parties, then the Contract shall be null and void, and the Contractor and its
sureties shall be liable for loss or damage which the City may suffer thereby, and
the City may advertise for new bids for said Work.
1.5 Successors and Assigns
The City and the Contractor, respectively, bind themselves, their partners,
successors, assigns, and legal representatives to the other party hereto and to the
partners, successors, assigns, and legal representatives of such other party with
respect to all covenants, contracts, agreements, and obligation contained in the
Contract Documents. Neither party to the Contract shall assign the Contract or
sublet it as a whole without the written consent of the other.
1.6 Assignment to City
Pursuant to Public Contract Code 4551, in entering into the Contract and all
subcontracts, to supply goods, services, or materials pursuant to the Contract, the
Contractor and its subcontractors offer and agree to assign to the City all rights,
title, and interest in and to all causes of action it may have under Section 4 of the
Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2
(commencing with section 16700) of Part 2 of Division 7 of the Business and
Professions Code), arising from purchases of goods, services, or materials pursuant
to the Contract and subcontracts. This assignment shall be made and become
effective at the time the City tenders final payment to the Contractor, without further
acknowledgment by the parties.
1.7 Rights and Remedies
The duties and obligations imposed by the Contract Documents and the rights and
remedies available thereunder shall be in addition to, and not a limitation of, any
duties, obligations, rights, and remedies otherwise imposed or available by law.
No action or failure to act by the City and its representatives or the consultants,
shall constitute a waiver of any right or duty afforded any of them under the
Contract, nor shall any such action or failure to act constitute an approval of or
acquiescence in any breach thereunder, except as may be specifically agreed in
writing.
1.8 Definitions
Unless otherwise stated, the words directed, required, permitted, ordered,
instructed, designated, applicable, appropriate, sufficient, proper, desirable,
necessary, prescribed, approved, acceptable, satisfactory or words of like import,
refer to actions, expressions, and prerogatives of the City, the City Engineer.
Masculine gender words include the feminine. References to gender, such as
"workman" and "flagman" and the pronouns "he" or "his" referring to such titles, are
abstract in the specifications, used for the sake of brevity are intended to refer to
persons of either sex.
General Conditions 1400-3
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.
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.
General Conditions 1400-4
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.
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.
General Conditions 1400-5
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.
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.
General Conditions 1400-6
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.
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.
General Conditions 1400-7
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.
2.2.3 Progress Payments - The City Engineer has the authority to accept or
reject requests for progress payments which have been submitted by the
Contractor.
General Conditions 1400-8
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.
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.
General Conditions 1400-9
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.
The City will provide for the coordination of the work of the City's own forces and of
each separate Contractor with the Work of the Contractor, who shall cooperate
therewith as provided in Paragraph 1400-4.8.3, Cooperation.
4.0 CONTRACTOR
4.1 Office
The Contractor's address stated in the Bid is hereby designated as the legal
address of the Contractor for the receipt of documents, samples, notices, letters,
and other Articles of communication.
General Conditions 1400-10
4.2 Contractor's Representative
The Contractor shall notify the City in writing of the name of the person who will act
as the Contractor's representative and shall have the authority to act in matters
relating to this Contract. The Contractor, acting through its representative, shall give
personal attention to, and shall manage the Work, so that it shall be prosecuted
faithfully. The Contractor's representative shall be an employee of the Contractor.
Upon written request of the Contractor, this requirement may be waived by the City.
The City's waiver, if granted will be in writing. There is no obligation by the City to
waive this provision regardless of the effect on the Contractor's operations.
At all times during the progress of the Work, the Contractor's representative shall be
personally present at the Project site, or a designated alternate shall be available
who has the authority to act in matters relating to the Contract. The Contractor's
representative or designated alternate shall have the authority to carry out the
provisions of the Contract and to supply materials, equipment, tools, and labor
without delay for the performance of the Work.
Before initial work is begun on the Contract, the Contractor shall file with the City
Engineer addresses and telephone numbers where the Contractor's and all
subcontractors' representatives can be reached during all hours, including nights
and weekends when work is not in progress.
4.3 Construction Procedures
The Contractor will supervise and direct the work. The Contractor has the authority
to determine the means, methods, techniques, sequences, and procedures of
construction, except in those instances where the City, to define the quality of an
item of work, specifies in the Contract, a means, method, technique, sequence, or
procedure for construction of that item of Work.
4.4 Contractor's Employees
The Contractor shall be responsible for the adequacy, efficiency, and sufficiency of
its employees. Workers shall have sufficient knowledge, skill, and experience to
perform properly the work assigned to them.
The Contractor shall employ only competent, skillful workers to perform the Work. If
any subcontractor or person employed by the Contractor or its subcontractors,
appear to the City Engineer to be incompetent or act in a disorderly or improper
manner, such person or subcontractor shall be discharged from the site immediately
by the Contractor upon written direction of the City Engineer, and such person shall
not again be employed on the Project.
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
General Conditions 1400-11
create any contractual relation between any subcontractor and the City. References
in the Contract Document to actions required of subcontractors, manufacturers,
suppliers, or any party other than the Contractor, the City, the City Engineer, its
consultants shall be interpreted as requiring that the Contractor shall require such
subcontractor, manufacturer, supplier, utility company, or party to perform the
specified action, unless the Contract Documents specifically state that the Work is
not included in the Contract.
The Contractor shall not employ any subcontractors that are not properly licensed
in accordance with State law. Prior to commencement of any work by a
subcontractor, the Contractor shall submit verification to the City Engineer that the
subcontractor is properly licensed for the work it will perform. Changes to
subcontractors listed in the Bid in accordance with Public Contract Code 4100 et.
seq., shall be made only with the approval of the City.
4.6 Contractor's Equipment and Facilities
The Contractor shall furnish and maintain in good condition all equipment and
facilities as required for the proper execution and inspection of the Work. Such
equipment and facilities shall meet all requirements of applicable ordinances and
laws.
4.7 Public Safety and Convenience
The Contractor shall conduct its work so as to insure the least possible obstruction
to traffic and inconvenience to the general public and the residents in the vicinity of
the Work and to insure the protection of persons and property at no extra cost to the
City. The Contractor shall have under construction no greater length or amount of
work than he can prosecute properly with due regard to the rights of the public.
4.8 City-Contractor Coordination
4.8.1 Service of Notice - Notice, order, direction, request, or other
communication given by the City or the City Engineer to the Contractor shall
be deemed to be well and sufficiently given to the Contractor if delivered to
the Contractor's Representative designated in Paragraph 1400-4.2,
Contractor's Representative, to the Contractor's office designated in
Paragraph 1400-4.1, Office, or to the Contractor's address provided in the
Bid Proposal.
4.8.2 Suggestions to Contractor - Plans or methods of work suggested by the
City, City Engineer or authorized representatives to the Contractor, but not
specified or required, if adopted or followed by the Contractor in whole or in
part, shall be used at the risk and responsibility of the Contractor. The City,
City Engineer, or authorized representatives assume no responsibility
therefor, and in no way will be held liable for 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.
General Conditions 1400-12
If any part of the Contractor's Work depends for proper execution or results upon
the work of the City or any separate Contractor, the Contractor shall, prior to
proceeding with the Work, promptly report to the City Engineer any apparent
discrepancies or defects in such other work that render it unsuitable for such proper
execution and results. Failure of the Contractor to so report shall constitute an
acceptance of the City's or separate Contractor's work as fit and proper to receive
the Work, except as to defects which may subsequently become apparent in such
work by others.
If requested by the Contractor, the City shall arrange meetings with other
contractors performing work on behalf of the City to plan coordination of
construction activities. The City shall keep the Contractor informed of the planned
activities of other contractors.
Any costs caused by defective or ill-timed work shall be borne by the responsible
party.
Differences and conflicts arising between the Contractor and other contractors
employed by the City or between the Contractor and the workers of the City with
regard to their work, shall be submitted to the City for its decision in the matter. If
such separate contractor sues the City on account of any delay or damage alleged
to have been caused by the Contractor, the City shall notify the Contractor who
shall, at the City's election, defend such proceedings at the Contractor's expense.
If any judgement or award against the City arises from any such litigation whether
defended by City or by Contractor, the Contractor shall pay or satisfy said
judgement or award and shall reimburse the City for all attorney's fees and court
costs which the City has incurred or for which it is liable.
4.9 Permits
Unless specifically stated to be provided by the City, Contractor shall apply for,
obtain, and comply with all the terms, conditions and requirements attached to all
permits, bonds and licenses required by local, state, or federal agencies to perform
work, construct, erect, test and startup of any equipment or facility for this Contract.
Where operating permits are required, the Contractor shall apply 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.
General Conditions 1400-13
The Contractor shall apply for and obtain all safety permits for excavations,
tunneling, trenches, construction (building structure, scaffolding, or falsework) and
demolition required by CAL/OSHA including but not limited to, the permits required
by Labor Code Section 6500.
4.10 Contractor's Responsibility for the Work and Materials
Until acceptance of the Work, the Contractor shall have the charge and care of the
Work and of the materials to be used therein and shall bear the risk of injury, loss,
or damage, to any part thereof (regardless of whether partial payments have been
made on such damaged portions of the Work) by the action of the elements or from
any other cause, whether arising from the non-execution of the Work. The
Contractor shall rebuild, repair, restore, and make good all injuries, losses, or
damages to any portion of the Work or the materials occasioned by any cause
before its completion and acceptance and shall bear the expense thereof, except for
such injuries, losses, or damages as are directly and approximately caused by acts
of the City.
4.11 Laws to be Observed
The Contractor shall keep himself fully informed of all existing and future County,
State, and National laws and regulations and all municipal ordinances and
regulations of the City which in any manner affect those engaged or employed in
the Work and of all such orders and decrees of bodies having any jurisdiction or
authority over the same; and shall protect and indemnify the City and all of its
officers, agents, and servants against any claim or liability arising from or based on
the violation of any such laws, ordinances, regulations, orders, or decrees whether
by himself or its employees. If any discrepancy or inconsistency is discovered in the
plans, drawings, specifications or Contract for the Work in relation to any such law,
ordinance, regulations, order or decree, the Contractor shall immediately report the
same to the City Engineer in writing.
4.11.1 Construction Registration with California Department of Industrial
Relations - A contractor or subcontractor shall not be qualified to bid on, be
listed in a bid proposal, subject to the requirements of Section 4104 of the
Public Contract Code, or engage in the performance of any contract for
public works, as defined in Chapter 1 (commencing with Section 1720) of
Part 7 of Division 2 the Labor Code, unless currently registered and
qualified to perform public works pursuant to Section 1725.5 of the Labor
Code. Prior to March 1, 2015, it is not a violation of this section for an
unregistered contractor to submit a bid that is authorized by Section 7029.1
of the Business and Professions Code or by Section 10164 or 20103.5 of
the Public Contract Code, provided the contractor is registered to perform
public works pursuant to Section 1725.5 of the Labor Code prior to April 1,
2015. Effective March 1, 2015, only contractors and subcontractors that are
registered to perform public works pursuant to Section 1725.5 of the Labor
Code may submit a bid for a public works project. Effective April 1, 2015,
contractors and subcontractors not registered to perform public works
pursuant to Section 1725.5 of the Labor Code may not engage in the
performance of a public works project awarded after April 1, 2015.
General Conditions 1400-14
4.11.2 Prevailing Wage - In accordance with Section 1770 of the Labor Code, the
City has ascertained and does hereby specify that the prevailing wage rates
shall be those provided in Article 1110-21.0, WAGE RATES. The said rates
shall include all employer payments that are required by Section 1773.1 of
the Labor Code. The City will furnish to the Contractor, upon request, a copy
of such prevailing rates. It shall be the duty of the Contractor to post a copy
of such prevailing wages at the job site.
For each worker paid less than the stipulated rate in the execution of the
Contract by the Contractor, or any subcontractor under him, in violation of
the provisions of the Labor Code, and in particular, Section 1770 to Section
1780, inclusive, the Contractor shall be subject to the provisions and
penalties of Section 1775 of the Labor Code. In addition to said penalty, and
pursuant to said Section 1775, the difference between such stipulated
prevailing wage rates and the amounts paid to each worker for each
calendar day, or portion thereof, for which each worker was paid less than
the stipulated prevailing rate shall be paid to each worker by the Contractor.
The wage rates set forth are the minimum that may be paid by the
Contractor. Nothing herein contained shall be construed as preventing the
Contractor from paying more than the minimum set forth.
No extra compensation whatever shall be allowed by the City due to the
inability of the Contractor to hire labor at the minimum rate nor for any
necessity for payment by the Contractor for subsistence, travel time,
overtime, or other added compensation, all of which possibilities are
elements to be considered and ascertained to the Contractor's own
satisfaction in preparing the bid.
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.
General Conditions 1400-15
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 public work.
The payroll records shall be certified and shall be available for inspection at
all reasonable hours at the principal office of the Contractor on the following
basis:
a. Pursuant to SB854, all contractors and subcontractors must
furnish electronic certified payroll records directly to the Labor
Commissioner (aka Division of Labor Standards Enforcement). All
contractors and subcontractors must also provide a copy and
proof to the City of online submittal within 2 days of online
submission.
b. A certified copy of an employee's payroll record shall be made available
for inspection or furnished to the employee or his or her authorized
representative on request.
c. A certified copy of all payroll records shall be made available for
inspection or furnished upon request to a representative of the City, the
Division of Labor Standards Enforcement, and the Division of
Apprenticeship Standards of the Department of Industrial Relations.
d. A certified copy of all payroll records shall be made available upon
request by the public in accordance with Section 1776 of the Labor
Code.
The Contractor is responsible for its and its subcontractors compliance with
the provisions of Section 1776 of the Labor Code.
4.11.4 Overtime Requirements - The Contractor shall forfeit, as a penalty to the
City, the penalty as provided in Section 1813 of the Labor Code for each
worker employed in the execution of the Contract by the Contractor, or any
subcontractor under the Contractor, for each day during which such worker
is required or permitted to work more than eight (8) hours in any one day
and forty (40) hours in any one week, in violation of the provisions of the
Labor Code, and in particular, Section 1810 to Section 1815 thereof,
inclusive, except that work performed by employees of Contractors in
excess of eight (8) hours a day and forty (40) hours during one week, shall
be permitted upon compensation for all hours worked in excess of eight (8)
hours per day, at not less than one and a half (1½) times the basic rate of
pay as provided for in Section 1815 of the Labor Code.
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.
General Conditions 1400-16
Section 1777.5 requires the Contractor or subcontractors employing
tradespersons in any apprenticeable occupation to apply to the joint
apprenticeship committee nearest the site of the project and which
administers the apprenticeship program in that trade for a certificate of
approval. The Contractor and subcontractors are required to submit contract
award information to the applicable joint apprenticeship committee. As
provided for in Section 1777.5 of the Labor Code, the Contractor is
required to make contributions to funds established for the
administration of apprenticeship programs.
It shall be the responsibility of the Contractor to abide by the provisions of
Section 1777.5 (except 1777.5(b)) of the Labor Code and to require all
subcontractors employed by or contracting with the Contractor to abide by
said provisions. The Contractor shall furnish the City any and all evidence of
compliance with this code section when requested by the City.
For failure to comply with Section 1777.5 (except 1777.5(b)) of the Labor
Code, the Contractor shall be subject to the penalties in Section 1777.7 of
the Labor Code.
4.11.6 Workers' Compensation Insurance - The Contractor is required to secure
the payment of compensation to its employees in accordance with the
provisions of Sections 1860 and 3700 of the Labor Code and Paragraph
1340-2.2 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.
General Conditions 1400-17
Before proceeding with any construction work, the Contractor shall take the
necessary action to comply with all provisions for safety and accident prevention.
The Contractor shall develop and maintain for the duration of this Contract, a safety
program that will effectively incorporate and implement all required safety
provisions. The Contractor shall appoint an employee as safety supervisor who is
qualified and authorized to supervise and enforce compliance with the safety
program.
The Contractor, as a part of his safety program, shall maintain at his office or other
well-known place at the Site, safety equipment applicable to the Work as prescribed
by the aforementioned authorities, all items necessary for giving first aid to the
injured, and shall establish the procedure for the immediate removal to a hospital or
a doctor's care of persons who may be injured on the job site.
In accordance with the provisions of Section 6705 of the Labor Code, the Contractor
shall submit, in advance of excavation 5 feet or more in depth, detailed plans
showing the design of shoring, bracing, sloping, or other provisions to be made for
worker protection from hazard of caving ground during such excavation. If such
Plans vary from the shoring system standards set forth in the Construction Safety
Orders in Title 8, California Code of Regulations, Article 6, the Plans shall be
prepared and signed by a registered civil or structural engineer. Shoring, bracing,
sloping, or other protective system shall not be less effective than required by the
California Construction Safety orders.
If death or serious injuries or serious damages are caused, the accident shall be
reported immediately by telephone or messenger to the City. In addition, the
Contractor must promptly report in writing to the City Engineer all accidents
whatsoever arising out of, or in connection with, the performance of the Work
whether on, or adjacent to, the Site, giving full details and statements of witnesses.
The Contractor shall make all reports as are, or may be, required by any authority
having jurisdiction, and permit all safety inspections of the work being performed
under this Contract. If a claim is made by anyone against the Contractor or any
subcontractor on account of any accident, the Contractor shall promptly report the
facts in writing to the City Engineer, giving full details of the claim.
5.0 CONTROL OF WORK AND MATERIALS
5.1 Means and Methods
It is expressly stipulated that the drawings, specifications and other Contract
Documents set forth the requirements as to the nature of the completed Work and
do not purport to control the method of performing work except in those instances
where the nature of the completed Work is dependent on the method of
performance.
General Conditions 1400-18
Except as provided elsewhere in the Contract Documents, neither the City, its
consultants, or the City Engineer will be responsible for or have control or charge of
construction means, methods, techniques, sequences or procedures, or for safety
precautions and programs in connection with the Work. Except as provided
elsewhere in the Contract Documents, neither the City, its consultants, or the City
Engineer will be responsible for or have control or charge over the acts or omissions
of the Contractor, or any of their subcontractors, agents or employees, or any other
persons performing any of the Work. Any general control of the Work exercised by
the City or its authorized representatives shall not make the Contractor an agent of
the City, and the liability of the Contractor for all damages to persons and/or to
public or private property arising from the Contractor's execution of the Work shall
not be lessened because of such general control.
Neither the inspection by the City, its consultants, or the City Engineer, nor any
order, measurement, approved modification, or payment of monies, nor acceptance
of any part or whole of the Work by the City, the City Engineer or the consultant, or
their agents, shall operate as a waiver of any provision of the Contract.
Acceptance by the City, it consultants, or the City Engineer of any drawings,
methods of work, or any information regarding materials and equipment the
Contractor proposes to furnish in the Work shall not be regarded as an assumption
of risks or liability by the City, its consultants, or the City Engineer, or any officer or
employee thereof, and the Contractor shall have no claim under the Contract on
account of the failure or partial failure or inefficiency or insufficiency of any plan or
method of work or material and equipment so accepted. Such acceptance shall be
considered to mean merely that the City, its consultants, or the City Engineer has
no objection to the Contractor using, upon its own full responsibility, the plan or
method of work proposed, or furnishing the materials and equipment proposed.
5.2 City-Furnished Materials
Materials, if furnished by the City, will be made available as designated in the
Specific Project Requirements. The cost of loading, unloading, hauling and
handling, and placing City-furnished materials shall be considered as included in the
price bid for the Contract item involving such City-furnished material.
Contractor shall inspect and assure himself of the amount and soundness of such
materials.
The Contractor will be held responsible for all materials furnished to it, and shall pay
all demurrage and storage charges. City-furnished materials lost or damaged from
any cause whatsoever shall be replaced by the Contractor. The Contractor will be
liable to the City for the cost of replacing City-furnished material and such costs may
be deducted from any monies due or to become due the Contractor.
5.3 Defective and Unauthorized Work
Materials and workmanship not conforming to the requirements of the Contract
Documents shall be considered defective and will be subject to rejection. Defective
work or material, whether in place or not, shall be removed immediately from the
Site by the Contractor, at its expense, when so directed by the City Engineer.
General Conditions 1400-19
Any work done beyond the limits of work, lines, and grades shown on any approved
plans or established by the City Engineer, or any extra work done without written
authority, will be considered as unauthorized and will not be paid for.
Upon failure on the part of the Contractor to comply with any order of the City
Engineer made under the provisions of this section, the City Engineer shall have
authority to cause defective work to be remedied, or removed and replaced, and
unauthorized work to be removed, and to deduct the costs thereof from any monies
due or to become due the Contractor. The time, cost and compliance requirements
stipulated in Paragraph 1400-3.4, City's Right to Carry Out the Work, shall apply
for this paragraph also.
5.4 Unnoticed Defects
Any defective work or material that may be discovered by the City, its consultants,
or the City Engineer before the final acceptance of the Work, or before final
payment has been made, or during the warranty period, shall be removed and
replaced by work and materials which shall conform to the provisions of the
Contract Documents. Failure on the part of the City, its consultants, or the City
Engineer to condemn or reject bad or inferior work or materials shall not be
construed to imply acceptance of such work or materials.
5.5 Right to Retain Imperfect Work
If any part or portion of the work performed or material furnished under this Contract
shall prove defective and not in accordance with the Drawings and Specifications,
and if the imperfection in the same shall not be of sufficient magnitude or
importance as to make the work dangerous or unsuitable, or if the removal of such
work will create conditions which are dangerous or undesirable, the City shall have
the right and authority to retain such work but shall make such deductions in
the final payment therefor as may be just and reasonable.
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.
General Conditions 1400-20
6.3 Delays
6.3.1 Notice of Delays - When the Contractor foresees a delay in the prosecution of
the Work and, in any event, immediately upon the occurrence of a delay, the
Contractor shall notify the City Engineer in writing of the probability of the
occurrence and the estimated extent of the delay, and its cause. The
Contractor shall take immediate steps to prevent, if possible the occurrence or
continuance of the delay. The Contractor agrees that no claim shall be made
for delays which are not called to the attention of the City Engineer at the time
of their occurrence.
6.3.2 Avoidable Delays - Avoidable delays in the prosecution of the Work shall
include delays which could have been avoided by the exercise of care,
prudence, foresight, and diligence on the part of the Contractor or its
subcontractors, at any tier level, or suppliers.
6.3.3 Unavoidable Delays - Unavoidable delays in the prosecution or completion of
the Work shall include delays which result from causes beyond the control of
the Contractor and which could not have been avoided by the exercise of care,
prudence, foresight, and diligence on the part of the Contractor or his
subcontractors, at any tier level, or suppliers. Delays in completion of the Work
of other Contractors employed by the City will be considered unavoidable
delays insofar as they interfere with the Contractor's completion of the current
critical activity item of the Work.
6.3.3.1 Abnormal Delays - Delays caused by acts of god, fire, unusual storms,
floods, tidal waves, earthquakes, strikes, labor disputes, freight embargoes,
and shortages of materials shall be considered as unavoidable delays insofar
as they prevent the Contractor from proceeding with at least seventy-five (75)
percent of the normal labor and equipment force for at least five (5) hours per
day toward completion of the current critical activity item on the favorably
reviewed progress schedule.
6.3.3.2 Material Shortages - Upon the submission of satisfactory proof to the City
Engineer by the Contractor, shortages of material will be acceptable as
grounds for granting a time extension. In order that such proof may be
satisfactory and acceptable to the City Engineer, it must be demonstrated by
the Contractor that the Contractor has made every effort to obtain such
materials from all known sources within reasonable reach of the proposed
Work.
Only the physical shortage of material, caused by unusual circumstances, will
be considered under these provisions as a cause for extension of time, and no
consideration will be given to any claim that material could not be obtained at
a reasonable, practical, or economical cost or price, unless it is shown to the
satisfaction of the City Engineer that such material could have been obtained
only at exorbitant prices entirely out of line with current rates, taking into
account the quantities involved and usual practices in obtaining such
quantities. A time extension for shortage of material will not be considered for
material ordered or delivered late or whose availability is affected by virtue of
the mishandling of procurement. The above provisions apply equally to
equipment to be installed in the work.
General Conditions 1400-21
6.4 Time Extensions
6.4.1 Avoidable Delay - The City may grant an extension of time for avoidable
delays if the City deems it is in its best interest. If the City grants an extension
of time for avoidable delays, the Contractor agrees to pay the City's actual
costs, including charges for engineering, inspection and administration
incurred during the extension.
6.4.2 Unavoidable Delay - If the Contractor is delayed in the performance of its
work by an act of the City or if the Contractor is delayed in the performance of
its work by an unavoidable delay, then the Contract completion date may be
extended by the City for such time that, in the City's and City Engineer's
opinion, the Contractor's completion date will be unavoidably delayed,
provided that the Contractor strictly fulfills the following:
a. The Contractor shall provide notification, in accordance with Paragraph
1400-6.3.1, Notice of Delays and submit in writing a request for an extension
of time to the City Engineer stating at a minimum the probable cause of the
delay and the number of days being requested. The time extension request
shall be submitted in accordance with the requirements of Paragraph 2000-
4.3, TIME IMPACT ANALYSIS.
b. If requested by the City Engineer, the Contractor shall promptly provide
sufficient information to the City Engineer to assess the cause or effect of the
alleged delay, or to determine if other concurrent delays affected the work.
c. Weather Delays. The Contractor will be granted a non-compensable time
extension for weather caused delays.
Should the Contractor fail to fulfill any of the foregoing, which are considered
conditions precedent to the right to receive a time extension, the Contractor
waives the right to receive a time extension.
Should the Contractor fail to complete the work within the time specified in the
contract, as extended in accordance with this clause if appropriate, the
Contractor shall pay to the City liquidated damages in accordance with Section
1500, Paragraph 1500-3.0, Liquidated Damages.
During such extension of time, neither extra compensation for engineering,
inspection and administration nor damages for delay will be charged to the
Contractor. It is understood and agreed by the Contractor and City that time
extensions due to unavoidable delays will be granted only if such unavoidable
delays involve controlling operations which would prevent completion of the
whole Work within the specified Contract time.
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
1400-6.3.3.2, 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 1400-22
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.
6.5.2 In the event that a suspension of Work is ordered, as provided in this
paragraph, the Contractor, at its expense, shall perform all work necessary to
provide a safe, smooth, and unobstructed passageway through construction
for use by public, pedestrian, and vehicular traffic, during the period of such
use by suspension. Should the Contractor fail to perform the Work as
specified, the City may perform such work and the cost thereof may be
deducted from monies due the Contractor under the Contract.
General Conditions 1400-23
6.5.3 The City shall also have authority to suspend the Work wholly or in part, for
such period as the City may deem necessary, due to unsuitable weather, or to
such other conditions as are considered unfavorable for the suitable
prosecution of the Work. Such temporary suspension of the Work will be
considered justification for time extensions to the Contract in an amount equal
to the period of such suspension. The Contractor as directed by the City shall
provide the provisions as stipulated in Paragraph 1400-6.5.2 below. Such
additional work shall be compensated as provided for in Paragraph 1400-7.0,
CHANGES IN SCOPE OF WORK.
6.6 Termination of Contract
If at any time the Contractor is determined to be in material breach of the Contract,
notice thereof in writing will be served upon the Contractor and its sureties, and
should the Contractor neglect or refuse to provide means for a satisfactory
compliance with the Contract, as directed by the City Engineer, within the time
specified in such notice, the City shall have the authority to terminate the operation
of the Contract.
Upon such termination, the Contractor shall discontinue the Work, or such parts of it
as the City may designate. Upon such termination, the Contractor's control shall
terminate and thereupon the City or its fully authorized representative may take
possession of all or any part of the Contractor's materials, tools, equipment, and
appliances upon the premises and use the same for the purposes of completing the
Work and hire such force and buy or rent such additional machinery, tools,
appliances, and equipment, and buy such additional materials and supplies at the
Contractor's expense as may be necessary for the proper conduct of the Work and
for the completion thereof; or the City may employ other parties to carry the
Contract to completion, employ the necessary workers, substitute other machinery
or materials and purchase the materials contracted for, in such manner as the City
may deem proper; or the City may annul and cancel the Contract and relet the Work
or any part thereof. Any excess of cost arising there from over and above the
Contract price will be charged against the Contractor and its sureties, who will be
liable therefore.
In the event of such termination, all monies due the Contractor or retained under the
terms of this Contract shall be held by the City in an escrow account; however, such
holdings will not release the Contractor or its sureties from liability for failure to fulfill
the Contract. Any excess cost over and above the Contract Amount incurred by the
City arising from the termination of the operations of the Contract and the
completion of the Work by the City as above provided shall be paid for by any
available funds in the escrow account. The Contractor will be so credited with any
surplus remaining after all just claims for such completion have been paid.
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
General Conditions 1400-24
appeal by the Contractor that such Field Directive is a change in the scope
of the Contract. The Contractor shall comply promptly with the requirements
for all Change Orders, Field Orders, or Field Directives. The work involved
in Change Orders shall be executed under the applicable conditions and
requirements of the Contract Documents. If any Field Order causes an
increase or decrease in the Contract Amount or an extension or shortening
of the Contract Time, an equitable adjustment will be made by issuing a
Change Order. If the Contractor accepts a Change Order that does not
include a time extension, the Contractor waives any claim for additional time
for the work covered by that Change Order.
Additional or extra work performed by the Contractor without written
authorization of a Field Order or Change Order will not entitle the Contractor
to an increase in the Contract Amount or an extension of the Contract Time.
7.1.2 Extra work shall be that work not shown or detailed on the Contract
Drawings and not specified. Such work shall be governed by all applicable
provisions of the Contract Documents. In giving instructions, the City
Engineer shall have authority to make minor changes in the work, not
involving extra cost, and not inconsistent with the purposes of the work; but
otherwise, except in an emergency endangering life or property, no extra
work or change shall be made unless in pursuance of a written order by the
City through the City Engineer, and no claim for an addition to the total
amount of the Contract shall be valid unless so ordered.
7.1.3 In case any change increases or decreases the work shown, the Contractor
shall be paid for the work actually done at a mutually agreed upon
adjustment to the Contract price, based upon the provisions of Paragraph
1400-8.0 PROJECT MODIFICATION PROCEDURES
7.1.4 If the Contractor refuses to accept a Change Order, the City may issue it
unilaterally. The Contractor shall comply with the requirements of the
Change Order. The City shall provide for an equitable adjustment to the
Contract and compensate the Contractor accordingly. If the Contractor
does not agree that the adjustment is equitable, it may submit a claim in
accordance with Paragraph 1400-7.5.2, Claims.
7.2 Differing Site Conditions
Pursuant to Public Contract Code Section 7104, the Contractor shall promptly, and
before such conditions are disturbed, notify the City Engineer in writing, of any:
a. Material that the Contractor believes may be material that is hazardous waste,
as defined in Section 25117 of the Health and Safety Code that is required to
be removed to a Class I, Class II, or Class III disposal site in accordance with
provisions of existing law.
b. Subsurface or latent physical conditions at the site differing from those
indicated.
c. Unknown physical conditions at the site of any unusual nature, differing
materially from those ordinarily encountered and generally recognized as
inherent in work of the character provided for in the Contract.
General Conditions 1400-25
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 1400-7.5, Resolution of Disputes.
No claim of the Contractor under this clause shall be allowed unless the Contractor
has given the notice required.
7.3 Suspensions of Work Ordered by the City
If the performance of all or any portion of the work is suspended or delayed by the
City in writing for an unreasonable period of time (not originally anticipated,
customary, or inherent to the construction industry) and the contractor believes that
additional compensation and/or contract time is due as a result of such suspension
or delay, the contractor shall submit to the City, in writing, a request for adjustment
within 7 calendar days of receipt of the notice to resume work. The request shall set
forth the reasons and support for such adjustment.
Upon receipt, the City will evaluate the contractor's request. If the City agrees that
the cost and/or time required for the performance of the contract has increased as a
result of such suspension and the suspension was caused by conditions beyond
the control of and not the fault of the contractor, its suppliers, or subcontractors at
any approved tier, and not caused by weather, the City shall cause to be issued a
change order under the procedures provided in Paragraph 1400-7.1, Change
Orders. The contractor will be notified of the City's determination whether or not an
adjustment of the contract is warranted.
No contract adjustment will be allowed unless the contractor has submitted the
request for adjustment within the time prescribed.
No contract adjustment will be allowed under this clause to the extent that
performance would have been suspended or delayed by any other cause, or for
which an adjustment is provided or excluded under any other term or condition of
this contract.
7.4 Significant Changes in the Character of Work
The City reserves the right to make, in writing, at any time during the work, such
changes in quantities and such alterations in the work as are necessary to
satisfactorily complete the project. Such changes in quantities and alterations shall
not invalidate the contract nor release the surety, and the contractor agrees to
perform the work as altered.
General Conditions 1400-26
If the alterations or changes in quantities significantly change the character of the
work under the contract, whether such alterations or changes are in themselves
significant changes to the character of the work or by affecting other work cause
such other work to become significantly different in character, an adjustment,
excluding anticipated profit, will be made to the contract under the procedures
provided in Paragraph 1400-7.1, Change Orders. The basis for the adjustment
shall be agreed upon prior to the performance of the work. If a basis cannot be
agreed upon, then an adjustment will be made either for or against the contractor in
such amount as the City may determine to be fair and equitable.
If the alterations or changes in quantities do not significantly change the character
of the work to be performed under the contract, the altered work will be paid for as
provided elsewhere in the contract.
The term “significant change” shall be construed to apply only to the following
circumstances:
a. When the character of the work as altered differs materially in kind or nature from
that involved or included in the original proposed construction; or
b. When a major item of work, as defined elsewhere in the contract, is increased in
excess of 125 percent or decreased below 75 percent of the original contract
quantity. Any allowance for an increase in quantity shall apply only to that portion in
excess of 125 percent of original contract item quantity, or in case of a decrease
below 75 percent, to the actual amount of work performed.
7.5 Resolution of Disputes
7.5.1 Contract Interpretation by the City Engineer - Questions regarding the
meaning and intent of the Contract Documents shall be referred in writing by
the Contractor to the City Engineer. The City Engineer shall respond to the
Contractor in writing with a decision.
7.5.2 Claims - Submission of a claim, properly certified, with all required
supporting documentation, and written rejection or denial of all or part of the
claim by the City, is a condition precedent to any action, proceeding,
litigation, suit or demand for arbitration by the Contractor.
7.5.2.1 Notice - If the Contractor disagrees with the City Engineer's decision in
Paragraph 1400-7.5.1, Contract Interpretation by the City Engineer , or in
any case where the Contractor deems additional compensation or a time
extension to the Contract period is due him for work or materials not
covered in the Contract or which the City Engineer has not recognized as
extra work, the Contractor shall notify the City Engineer, in writing, of his
intention to make claim. Claims pertaining to decisions provided in
Paragraph 1400-7.5.1 shall be filed in writing to the City Engineer within five
(5) days of receipt of such decision. All other claims notices for extra work
shall be filed in writing to the City Engineer prior to the commencement of
such work. Written notice shall use the words "Notice of Potential Claim".
Such Notice of Potential Claim shall state the circumstances and the
reasons for the claim but need not state the amount. Additionally, no claim
for additional compensation or extension of time for a delay will be
considered unless the provisions of Paragraphs 1400-6.3, Delays, and 6.4,
General Conditions 1400-27
Time Extensions, are complied with. No claim filed after the date of final
payment will be considered.
It is agreed that unless notice is properly given, the Contractor shall not
recover costs incurred by him as a result of the alleged extra work, changed
work or other situation which had proper notice been given would have
given rise to a right for additional compensation.
The Contractor should understand that timely notice of potential claim is of
great importance to the City and is not merely a formality. Such notice
allows the City to consider preventative action, to monitor the Contractor's
increased costs resulting from the situation, to marshal facts, and to plan its
affairs. Such notice by the Contractor, and the fact that the City Engineer
has kept account of the cost as aforesaid, shall not in any way be construed
as proving the validity of the claim.
7.5.2.2 Submission of claim costs - Within 30 days after the last cost of work for
which the Contractor contends additional compensation is due, but if costs
are incurred over a span of more than 30 days, then within 15 days after the
thirtieth day and every month thereafter, the Contractor shall submit to the
City Engineer the costs incurred for the claimed matter. Claims shall be
made in itemized detail satisfactory to the City Engineer in content, detail
and format of presentation. If the additional costs are in any respect not
knowable with certainty, they shall be estimated. If the claim is found to be
just, it shall be allowed and paid for as provided in Section 1400-8.0,
PROJECT MODIFICATION PROCEDURES .
7.5.2.3 Affidavit required - All claims submitted to the City shall be accompanied
with a type written affidavit containing the following language; it must be
signed, dated, and notarized on the Contractor's letterhead:
I, (must be an officer) , being the (title) of (contractor's name) ,
declare under penalty of perjury under the laws of the state of
California, and do personally certify and attest that: I have thoroughly
reviewed the attached claim for additional compensation and/or
extension of time, and know its contents, and said claim is made in
good faith; the supporting data is truthful and accurate; the amount
requested accurately reflects the contract adjustment for which the
contractor believes the City of La Quinta is liable; and further, that I am
familiar with California Penal Code Section 72 and California
Government Code Section 12560, Et Seq, pertaining to false claims,
and further know and understand that submission or certification of a
false claim may lead to fines, imprisonment and/or other severe legal
consequences.
7.5.2.4 Claim meetings - From time to time the City Engineer may call special
meetings to discuss outstanding claims. The Contractor shall cooperate and
attend, prepared to discuss outstanding claims, making available the
personnel necessary for claim resolution, and providing documents
reasonably requested by the City Engineer.
General Conditions 1400-28
7.5.3 Resolution of Claims - For all contracts awarded during the effective dates
of Public Contract Code Section 20104, where claims cannot be resolved
between the parties, claims for three hundred and seventy-five thousand
dollars ($375,000) or less shall be resolved pursuant to the provisions of
that code section, which is summarized in Paragraphs 1400-7.5.3.1 to 1400-
7.5.3.5. For claims greater than three hundred and seventy-five thousand
dollars ($375,000) Paragraphs 1400-7.5.3.2 to 1400-7.5.3.4 are applicable;
however, Paragraph 1400-7.5.3.5, Civil Actions for claims less than
$375,000, is not applicable.
7.5.3.1 Claims Less Than $50,000
a. For claims of less than fifty thousand dollars ($50,000), the City Engineer
shall respond in writing to written claims within 45 days of receipt of the
claim in Paragraph 1400-7.5.2, Claims, or may request, in writing, within 30
days of receipt of the claim, any additional documentation supporting the
claim or relating to defenses or claims the City may have against the
Contractor.
b. If additional information is thereafter required, it shall be requested and
provided pursuant to this section, upon mutual agreement of the City and
the Contractor.
c. The City Engineer's written response to the claim, as further documented,
shall be submitted to the Contractor within 15 days after receipt of the
further documentation or within a period of time no greater than that taken
by the Contractor in producing the additional information, whichever is
greater.
7.5.3.2 Claims Greater Than $50,000
a. For claims of over fifty thousand dollars ($50,000), the City Engineer shall
respond in writing to all written claims within 60 days of receipt of the claim
in Paragraph 1400-7.5.2, Claims, or may request, in writing, within 30 days
of receipt of the claim, any additional documentation supporting the claim or
relating to defenses or claims the City may have against the Contractor.
b. If additional information is thereafter required, it shall be requested and
provided pursuant to this paragraph, upon mutual agreement of the City and
the Contractor.
c. The City Engineer's written response to the claim, as further documented,
shall be submitted to the Contractor within 30 days after receipt of the
further documentation, or within a period of time no greater than that taken
by the Contractor in producing the additional information or requested
documentation, whichever is greater.
7.5.3.3 Claim Conference - If the Contractor disputes the City Engineer's written
response, or if the City Engineer fails to respond within the time prescribed,
the Contractor may so notify the City, in writing, either within 15 days of
receipt of the City Engineer's response or within 15 days of the City
Engineer's failure to respond within the time prescribed, respectively, and
demand an informal conference to meet and confer for settlement of the
General Conditions 1400-29
issues in dispute. Upon a demand, the City shall schedule a meet and
conference within 30 days for settlement of the dispute.
7.5.3.4 Claim Filing - If the claim or any portion remains in dispute after the claim
conference noted in Paragraph 1400-7.5.3.3, Claim Conference, the
Contractor may file a claim pursuant to Chapter 1 (commencing with Section
900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6
of Title 1 of the Government Code. For purposes of those provisions, the
running of the period of time within which a claim must be filed shall be
tolled from the time the Contractor submits his or her written claim pursuant
to Paragraph 1400-7.5.2, Claims, until the time the claim is denied,
including any period of time utilized in the meet and confer process.
7.5.3.5 Civil Actions for Claims Less Than $375,000 - The following procedures
are established for all civil actions filed to resolve claims for less than three
hundred seventy-five thousand dollars ($375,000):
a. Within 60 days, but no earlier than 30 days, following the filing or responsive
pleading, the court shall submit the matter to non-binding mediation unless
waived by mutual stipulation of both parties. The mediation process shall
provide for the selection within 15 days by both parties of a disinterested
third person as mediator, shall be commenced within 30 days of the
submittal, and shall be concluded within 15 days from the commencement
of the mediation unless a time requirement is extended upon a good cause
showing to the court.
b. If the matter remains in dispute, the case shall be submitted to judicial
arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of
Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section
1141.11 of that Code. The Civil Discovery Act of 1986 (Article 3
(commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the
Code of Civil Procedure) shall apply to any proceeding brought under this
subdivision consistent with the rules pertaining to judicial arbitration.
c. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of
Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible,
be experienced in construction law, and (B) any party appealing an
arbitration award who does not obtain a more favorable judgement shall, in
addition to payment of costs and fees under the chapter, also pay the
attorney's fees on appeal of the other party.
7.5.3.6 Unresolved Issues - Unless this Contract provides otherwise, all claims,
counterclaims, disputes, and other matters in question between the City and
the Contractor that are not resolved between the City and the Contractor
and are not governed by Public Contract Code 20104 shall be decided by a
court of competent jurisdiction. Arbitration shall not be used for resolution of
these disputes.
Should either party to this Contract bring legal action against the other, the
case shall be handled in the California county where the work is being
performed.
General Conditions 1400-30
7.5.4 Records of Disputed Work - In proceeding with a disputed portion of the
Work, the Contractor shall keep accurate records of its costs and shall make
available, to the City Engineer, a daily summary of the hours and
classification of equipment and labor utilized on the disputed work, as well
as a summary of any materials or any specialized services which are used.
Such information shall be submitted to the City Engineer on a monthly
basis, receipt of which shall not be construed as an authorization for or
acceptance of the disputed work.
8.0 PROJECT MODIFICATION PROCEDURES
8.1 Changes in Contract Price
Whenever corrections, alterations, or modifications of the work under this Contract
are ordered by the City Engineer and approved by the City and increase the amount
of work to be done, such added work shall be known as extra work; and when such
corrections, alterations, or modifications decrease the amount of work to be done,
such subtracted work shall be known as work omitted.
The difference in cost of the work affected by such change will be added to or
deducted from the amount of said Contract price, as the case may be, by a fair and
reasonable valuation, which shall be determined in one or more of the following
ways as directed by the City Engineer:
a. By unit prices subsequently fixed by agreement between the parties;
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 1400-31
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 1400-32
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.
For work performed by a subtier-subcontractor, the subcontractor may add to the
total of the actual costs and fixed fees allowed under the preceding paragraph an
General Conditions 1400-33
additional fixed fee of five (5) percent of said total. No further compensation will be
allowed for the subcontractor's administration of the work performed by the subtier-
subcontractor. The Contractor may add to the total of the actual costs and fixed fees
allowed under this paragraph an additional fixed fee of five (5) percent of said total.
No further compensation will be allowed for the Contractor's administration of the
work performed by the subcontractor.
The added fixed fees shall be considered to be full compensation, covering the cost
of general supervision, overhead, profit, and any other general expense. The above
fixed fees represent the maximum limits which will be allowed, and they include the
Contractor's and all subcontractors' indirect home office expenses and all costs for
cost proposal preparation and record keeping.
The City reserves the right to furnish such materials and equipment as it deems
expedient, and the Contractor shall have no claim for profit or added fees on the
cost of such materials and equipment.
For equipment under Item c above, rental or equivalent rental cost will be allowed
for only those days or hours during which the equipment is in actual use. Payment
shall be based on actual rental and transportation invoices but shall not exceed the
monthly rate in the Rental Rate Blue Book. Owner-operated equipment rates shall
not exceed the monthly rate in the Rental Rate Blue Book plus the labor costs as
provided in Item a. above. The rental cost allowed for equipment will, in all cases,
be understood to cover all fuel, supplies, repairs, ownership, and incidental costs
and no further allowances will be made for those items, unless specific agreement
to that effect is made. For Contractor owned equipment, the rental rate shall be as
listed for such equipment in the California Department of Transportation publication
entitled "Labor Surcharge and Equipment Rental Rates", which is in effect on the
date the work is accomplished. When equipment is not listed in said publication, a
suitable rental rate for such equipment will be established by the City Engineer.
Prior to the commencement of force account work, the Contractor shall notify the
City Engineer of its intent to begin work. Labor, equipment and materials furnished
on force account work shall be recorded daily by the Contractor upon report sheets
furnished by the City Engineer to the Contractor. The reports, if found to be correct,
shall be signed by both the Contractor and City Engineer, or inspector, and a copy
of which shall be furnished to the City Engineer no later than the working day
following the performance of said work. The daily report sheet shall thereafter be
considered the true record of force account work provided.
The Contractor shall maintain its records in such a manner as to provide a clear
distinction between the direct costs of work paid for on a force account basis and
the costs of other operations.
To receive partial payments and final payment for force account work, the
Contractor shall submit, in a manner approved by the City Engineer, detailed and
complete documented verification of the Contractor's and any of its subcontractor's
actual costs involved in the force account pursuant to the pertinent Change Order or
Field Order. Such costs shall be submitted within thirty (30) days after said work has
been performed. No payments will be made for work billed and submitted to the
City Engineer after the thirty (30) day period has expired.
General Conditions 1400-34
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
therefore. Neither the payment of any partial payment estimate nor of any
retained percentage shall relieve the Contractor of any obligation to make
good any defective work or material.
9.1.2 Payment for Patents and Patent Infringement - All fees or claims for any
patented invention, article, or arrangement that may be used upon, or in,
any manner connected with the performance of the work or any part thereof
shall be included in the price bid for doing the work, and the Contractor and
its sureties shall defend, protect, and hold the City, its consultants, the City
Engineer, together with all their officers, agents, and employees harmless
against liability of any nature or kind for any and all costs, legal expenses,
and damages made for such fees or claims and against any and all suits
and claims brought or made by the holder of any invention or patent, or on
account of any patented or unpatented invention, process, article, or
appliance manufactured for or used in the performance of the Contract,
including its use by the City, unless otherwise specifically stipulated in the
Contract. Before final payment is made on the Contract, the Contractor
shall furnish an affidavit to the City regarding patent rights for the project.
The affidavit shall state that all fees and payments due as a result of the
work incorporated into the project or methods utilized during construction
have been paid in full. The Contractor shall certify in the affidavit that no
other fees or claims exist for work in this project.
General Conditions 1400-35
9.1.3 Payment of Taxes - The Contractor shall pay and shall assume exclusive
liability for all taxes levied or assessed on or in connection with the
Contractor's performance of this Contract, including, but not limited to, State
and local sales and use taxes, Federal and State payroll taxes or
assessments, and excise taxes, and no separate allowance will be made
therefor, and all costs in connection therewith shall be included in the total
amount of the Contract price.
9.1.4 Payment for Labor and Materials - The Contractor shall pay and require
its subcontractors to pay any and all accounts for labor including worker's
compensation premiums, state unemployment and federal social security
payments and other wage and salary deductions required by law. The
Contractor also shall pay and cause its subcontractors to pay any and all
accounts for services, equipment, and materials used by the Contractor and
its subcontractors during the performance of work under this Contract.
Such accounts shall be paid as they become due and payable. If requested
by the City, the Contractor shall furnish proof of payment of such accounts
to the City.
9.2 Partial Payments
In consideration of the faithful performance of the work prosecuted in accordance
with the provisions of these Specifications and the Contract, the City will pay the
Contractor for all such work installed on the basis of percentage completion.
Payments will be made by the City to the Contractor on estimates duly certified and
approved by the City Engineer, based on the value of equipment installed and
tested, labor and materials incorporated into said permanent work by the Contractor
during the preceding month. Payments will not be made for temporary construction
unless specifically provided for in the Contract Documents.
Partial payments will be made monthly based on work accomplished as of a day
mutually agreed to by the City and the Contractor.
The Contractor shall submit his estimate of the work completed during the prior
month and the work completed to date in a format corresponding to the accepted
cost breakdown. The City Engineer shall review the submitted estimate, and upon
approval, the Contractor may submit a detailed invoice for those amounts approved
by the City Engineer.
If requested, the Contractor shall provide such additional data as may be
reasonably required to support the partial payment request. If the City Engineer
does not agree with the Contractor's estimate of amount earned, the partial
payment request will be returned for revision. The City Engineer will be available to
meet to discuss the partial payment request prior to its re-submittal. When the
Contractor's estimate of amount earned conforms with the City Engineer's
evaluation, the City Engineer will calculate the amount due the Contractor, prepare
the progress payment request for signature by the Contractor, and submit the
recommended progress payment request for the City's approval and processing.
Payment will be made by the City to the Contractor in accordance with City's normal
accounts payable procedures; the City shall retain amounts in accordance with
Paragraph 1400-9.4, Right to Withhold Amounts.
General Conditions 1400-36
No such estimate or payment shall be required to be made, when in the judgement
of the City Engineer, the Work is not proceeding in accordance with the provisions
of the Contract, or when in the City Engineer's judgement the total value of the
Work done since the last estimate amounts to less than One Thousand Dollars
($1,000.00).
9.3 Partial Payments - Inclusion of Materials on Hand
No payment will be made for materials delivered to the site that are not yet
incorporated into the work.
9.4 Right to Withhold Amounts
9.4.1 Retention - The City will deduct from each partial payment and retain as
part security, five (5) percent of the amount earned until the final payment.
Pursuant to Public Contract Code Section 22300, for monies earned by the
Contractor and withheld by the City to ensure the performance of the
Contract, the Contractor, may, at his or her option, choose to substitute
securities meeting the requirements of said Section 22300. In the event the
Contractor desires to choose this option, the Contractor shall enter into an
escrow agreement with the City, and the escrow agent, a qualified bank to
be chosen by City, in the form of the contract included in the project
specifications. The costs of such escrow shall be paid by the Contractor.
The securities to be deposited in said escrow account shall be equivalent, in
fair market value, to the amount to be withheld as performance retention.
The securities shall be held in accordance with the provisions of Public
Contract Code Section 22300, and the implementing contract.
Contractor shall have the obligation of ensuring that such securities
deposited are sufficient so as to maintain, in total fair market value, an
amount equal to the cash amount of the sums to be withheld under the
Contract. If, upon written notice from the City, or from the appropriate
escrow agent, indicating that the fair market value of the securities has
dropped below the dollar amount of monies to be withheld by the City to
ensure performance, Contractor shall, within five days of the date of such
notice, post additional securities as necessary to ensure that the total fair
market value of all such securities held by the City, or in escrow, is
equivalent to the amount of money to be withheld by the City under the
Contract.
Any Contractor that desires to exercise this option shall give notice in writing
to City and shall thereafter execute the escrow agreement form provided in
Appendix A of these Specifications.
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.
General Conditions 1400-37
b. For defective work not remedied.
c. For failure of the Contractor to make proper payments to its
subcontractors or suppliers.
d. A reasonable doubt that the Contract can be completed for the balance
then unpaid.
e. Damage to another Contractor or third party, or to property.
f. Failure of the Contractor to keep its work progressing in accordance with
its progress schedule or maintaining current "As-Built" record drawings.
g. The City's costs for the Contractor's failure to complete within the allowed
time.
h. Cost of insurance arranged by the City due to cancellation or reduction of
the Contractor's insurance.
i. Failure of the Contractor to make proper submissions, as herein
specified.
j. Failure to submit, revise, resubmit, or otherwise conform to the
requirements herein for preparing and maintaining a construction
schedule.
k. Payments due the City from the Contractor.
l. Reduction of Contract Amount because of modifications.
m. The Contractor's neglect or unsatisfactory prosecution of the work
including failure to clean up.
n. Provisions of law that enable or require the City to withhold such
payments in whole or in part.
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.
General Conditions 1400-38
Upon the completion of such corrective work, the Contractor shall so notify the City
Engineer in writing. The City Engineer shall inspect the Work to determine its
acceptability for Substantial Completion and for determination of other items which
do not meet the terms of the Contract. Upon verification that the project is
substantially complete the City Engineer shall prepare a Certificate of Substantial
Completion. The Certificate shall establish the date of Substantial Completion and
the responsibilities of the City and Contractor for security, maintenance, heat,
utilities, damage to the Work and insurance, and shall fix the time, not to exceed 60
days, within which the Contractor shall finish all items on the punch list
accompanying the Certificate. When the preceding provisions have been approved
by both the City and the Contractor, they shall sign the Certificate to acknowledge
their written acceptance of the responsibilities assigned to them in such Certificate.
By such acknowledgment, the Contractor agrees to pay the City's actual costs
including, but not limited to, charges for engineering, inspection and administration
incurred due to the failure to complete the punch list within the time period provided
in the Certificate of Substantial Completion.
9.6 Final Inspection and Payment
Upon completion of the Work, and upon completion of final cleaning, the Contractor
shall so notify the City Engineer in writing. Upon receipt of the notification, the City
and/or its authorized representatives, will make the final inspection, to determine the
actual status of the Work in accordance with the terms of the Contract. If materials,
equipment, or workmanship are found which do not meet the terms of the Contract,
the City Engineer shall prepare a punch list of such items and submit it to the
Contractor.
Following completion of the corrective work by the Contractor, the City Engineer
shall notify the City that the Work has been completed in accordance with the
Contract. Final determination of the acceptability of the Work shall be made by the
City. After completion of the work, but prior to its acceptance by the City, the last
partial payment will be made to the Contractor in accordance with Paragraph
1400-9.2, Partial Payments.
After receipt of the last partial payment, but prior to acceptance of the Work by the
City, the Contractor shall send a letter to the City Engineer. The letter, pursuant to
California Public Contract Code Section 7100, shall state that acceptance of the
final payment described below shall operate as and shall be, a release to the City,
its consultants, the City Engineer, and their duly authorized agents, from all claim of
and/or liability to the Contract arising by virtue of the Contract related to those
amounts. Disputed Contract claims in stated amounts previously filed as provided in
Paragraph 1400-7.5.2, Claims, may be specifically excluded by the Contractor from
the operation of the release. Following receipt of all required Submittals and the City
Engineer's written statement that construction is complete and recommendation that
the City accept the project, the City will take formal action on acceptance.
Within ten (10) days of the acceptance by the City of the completed work embraced
in the Contract, the City will cause to be recorded in the office of the County
Recorder a Notice of Completion.
General Conditions 1400-39
After thirty-five (35) days after recording Notice of Completion of the work involved
in the Contract, the City will pay the Contractor in lawful money such sums of
money as may be due the Contractor including all sums retained but excluding such
sums as have previously been paid the Contractor. This payment will constitute the
final payment to the Contractor under this Contract.
9.7 Warranty of Title
No material, supplies, or equipment for the work under this Contract shall be
purchased subject to any chattel mortgage, security agreement, or under a
conditional sale or other agreement by which an interest therein or any part thereof
is retained by the seller or supplier. The Contractor warrants good title to all
material, supplies, and equipment installed or incorporated in the work and agrees
upon completion of all work to deliver the premises, together with all improvements
and appurtenances constructed or placed thereon by the Contractor, free from any
claim, liens, security interest, or charges, and further agrees that neither the
Contractor nor any person, firm, or corporation furnishing any materials or labor for
any work covered by this Contract shall have any right to a lien upon the premises
or any improvement or appurtenances thereon.
**END OF SECTION**
Supplemental General Conditions 1500-1
SECTION 1500
SUPPLEMENTAL GENERAL CONDITIONS
1.0 CITY ENGINEER
The City Engineer for the City of La Quinta is:
Bryan McKinney, P.E.
Public Works Director/City Engineer
78-495 Calle Tampico
La Quinta, CA 92253
(760) 777-7045
2.0 CONSULTANTS
2.1 Design Engineer
Lorissa Gruehl, P.E.
NAI Consulting , Inc.
78-495 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 $4,000 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 portion 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. Material Certifications
E. Asphalt Mix Design
F. Aggregate Base
G. Truncated Dome Cut Sheet
H. Reinforcing Steel
I. Pull Box
J. Striping / Pavement Markers
K. Signs
L. Sign Posts
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,
latest 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, latest 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.
4.2.3 The detailed construction schedule shall be submitted within five (5) days of Notice
to Proceed and accepted by the City Engineer before the first partial payment can be
made.
4.2.3.1 The Contractor shall submit the detailed construction schedule based on the Critical
Path Method (CPM). The schedule shall indicate preceding activity relationships and/or
restraints where applicable and a controlling path shall be indicated. The schedule shall be
time scaled and shall be drafted to show a continuous flow from left to right. The
construction schedule shall clearly show the sequence of construction operations and
specifically list:
a. The start and completion dates of all work items.
b. The dates of submittals, procurement, delivery, installation and completion of
each major equipment and material requirement.
c. Progress milestone events or other significant stages of completion.
d. The lead time required for testing, inspection and other procedures required
prior to acceptance of the work.
Activities shall be no longer than 10 workdays, except for submittals and delivery items. If
an activity takes longer, it shall be broken into appropriate segments of work for
measurement of progress. This limitation may be waived, upon approval of the City
Engineer, for repetitious activities of longer durations for which progress can be easily
monitored.
4.2.3.2 Any activity that cannot be completed by its original completion date shall be
considered to be "behind schedule."
General Project Requirements 2000-4
4.2.3.3 At not less than monthly intervals and when requested by the City Engineer, the
Contractor shall submit a revised schedule for all work remaining. If, at any time, the City
Engineer considers the project completion date to be in jeopardy because of activities
"behind schedule," the Contractor shall submit additional schedules and diagrams
indicating how the Contractor intends to accomplish the remaining work to meet the
Contract completion date.
4.2.3.4 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.
5.0 SPECIAL CONTROLS
The Contractor shall take all reasonable means to minimize inconvenience and injury to the
public by dust, noise, diversion of storm water, or other operations under its control.
General Project Requirements 2000-5
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 an significant forecast of any likely
precipitation rainfall event of 0.5 inches or more, a Rainfall Event Action Plan (REAP)
specific for that event which, when implemented, is designed to protect all expose
construction portions of the site.
Temporary provisions shall be made by the Contractor to insure the proper functioning of
gutters, storm drain inlets, drainage ditches, culverts, irrigation ditches, and natural water
courses.
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.
2022-25, Federal Project No. HIPL-5433(021), Highway 111 Resurfacing Project.
It shall be the Contractor’s responsibility to thoroughly review the project area,
familiarize himself with the scope of proposed work and submit the proposal for the
work accordingly.
1.2 Project Description
The proposed work includes pulverization, milling, and asphalt concrete overlay,
signing and striping on Highway 111 from west La Quinta City Limits to Jefferson
Street. Additional work includes sidewalk, cross-gutter, curb ramp reconstruction
and utility adjustment. 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. 2022-25,
Federal Project No. HIPL-5433(021), Highway 111 Resurfacing Project.” The
plan set consists of a total of seventeen (17) 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 90 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 bidders schedule with "F" designates a final pay quantity.
Quantity of any bid item in excess of the final pay quantity shown on the bidder's
schedule estimated by the City Engineer will not be paid for. The final pay quantity
can only be adjusted to reflect any change orders, extra work, or additional work
authorized by the City Engineer.
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
ensure the preservation of their quality and fitness for the work. See Section 2000,
subsection 5.7, Parking and Storage Areas for additional information on storage
area.
4.0 WORK DETAILS
4.1 Traffic Control
The Contractor shall provide a traffic control plan, signed by a PE or TE, for
acceptance by the City no later than five (5) working days after issuance of the
Notice of Award. Subsequently, comments and corrections shall be returned to the
Contractor within ten (10) working days. The traffic control plan shall conform to the
following requirements listed in this section:
Traffic controls, including but not limited to, vehicular and pedestrian traffic controls,
maintenance of vehicular and pedestrian access, detours, and street closures shall
be in accordance with Subsection 7-10 of the latest edition of the “Standard
Specifications for Public Works Construction,” including all its subsequent
amendments and the latest edition of the “Work Area Traffic Control Handbook.”
Special Provisions 3000-4
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.
g. Except as otherwise directed, as shown in the approved traffic control plan,
and/or authorized by the City Engineer, two-way vehicular traffic shall be
maintained at all times within a minimum of two, 12-foot-wide lanes, unless
otherwise noted on the plans. At no time shall the Contractor be allowed to
reduce the traveled way to one-way vehicular traffic.
Special Provisions 3000-5
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.
j. Any obstructed view of all signs and warning devices including but not limited
to stop signs, stop ahead signs, street name signs, and other regulatory,
warning and construction signs, markers, and warning devices shall be
maintained at all times. No trucks or other equipment or materials shall be
stopped, parked, or otherwise placed so as to obscure said signs, markers
and devices from the view of vehicular and/or pedestrian traffic to which it
applies.
k. When entering or leaving roadways carrying public traffic, the Contractor’s
equipment, whether empty or loaded, shall yield to said public traffic at all
times, except where the traffic is being controlled by police officers, fire
officers or traffic signalized intersections.
Special Provisions 3000-6
l. Stockpiling and/or storage of materials on any public right-of-way or parking
areas will not be allowed without specific permission of the City Engineer.
Materials spilled on or along said right-of-way or parking areas shall be kept
in a safe, neat, clean, and orderly fashion, and shall be restored to equal or
better than original condition upon completion of the work.
m. When work has been completed on a particular street or has been
suspended or rescheduled, and said street is to be opened to vehicular
traffic, all equipment, “NO PARKING” signs, other obstruction, and necessary
traffic control devices and equipment shall be promptly removed from that
street except as otherwise authorized or directed by the City Engineer.
n. Should the Contractor be neglectful, negligent, or refuse, fail, or otherwise be
unavailable to promptly, satisfactorily, and fully comply with the provisions
specified and referred to herein above, the City reserves the right to correct
and/or mitigate any situation, which in the sole opinion of the City’s Engineer
constitutes a serious deficiency and/or serious case of noncompliance, by
any means at its disposal at the Contractor’s and/or permittee’s expense, and
will deduct the cost therefore from the Contractor’s progress and/or final
payments. Such corrective action taken by the City shall not reduce or
abrogate the Contractor’s legal obligations and liability for proper traffic
control and safety measures and shall not serve to transfer said obligations
and liabilities from the Contractor to the City or the City’s agents.
o. Violations of any of the above provisions and/or provisions of the referenced
publications, unless promptly and completely corrected to the satisfaction of
the City Engineer, shall, at the sole discretion of the City, be grounds for
termination of the Contract, or shutdown or partial shutdown of the work,
without compensation to the Contractor and/or permittee, or liability to the
City, all as prescribed by contractual obligation or State law, whichever is
applicable.
p. The Contract item “Traffic Control” shall include labor lights, barricades,
signs, materials, fencing, and equipment necessary to ensure that the
vehicular traffic conforms to requirements as set forth in this section and as
shown on the drawings.
q. The compensation for furnishing, placing, maintaining and removing traffic
cones, telescoping tree flags, advance warning signs, electronic changeable
message signs, barricades, temporary striping, and other safety devices as
required for public safety or as directed by the City Engineer, shall be
considered full compensation for all labor and materials for complying with
these requirements, and no additional compensation will be made therefore.
Special Provisions 3000-7
4.2 Dust Control
The Contractor must comply with the City of La Quinta’s Municipal Code, Chapter
6.16, “Fugitive Dust Control” Ordinance. Dust generated by traffic, Contractor’s
operations, or wind are all included in the definition of dust. The Contractor will be
responsible for watering the work area where dust is generated from traffic,
contractor’s operations and wind. Contractor’s area of operations includes areas
outside of roadbed or trench limits where excavation, fill, or stockpiling of dirt or
debris has taken place. The Contractor is responsible for monitoring all of the
above-described areas in the project area during the life of the project, including
holidays and weekends.
The Contractor shall prepare for review and approval by the City, the required
PM-10 plan. The plan shall be prepared in accordance with South Coast Air Quality
Management District guidelines. The Contractor shall have a designated person
Certified by the SCAQMD to prepare the PM-10 plan and oversee the approved
dust control measures. Dust control shall include, but is not limited to the
following:
1) Maintain dust control at all times by watering, including developing a water
supply, and furnishing and placing all water required for work done in the
contract.
2) Provide means to prevent track out onto public streets.
3) Provide street sweeping of material tracked onto public streets.
4.3 Water
The Contractor shall make arrangements with the Coachella Valley Water District to
obtain water from designated fire hydrants at or near the project for use in dust
control. It shall be the responsibility of the contractor to pay for the water and any
deposits required. The cost to furnish and apply water shall be included in the unit
prices for the various items bid and no additional payment will be allowed therefore.
4.4 Permits, Licenses and Inspection Fees
The Contractor shall obtain and pay for all costs incurred for permits, licenses and
inspection fees required by other agencies because his operations. 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.
Additionally, the Contractor will also be required to obtain a no-cost
encroachment permit from the Cities of Palm Desert and Indio. Contractor shall
notify La Quinta when permits have been submitted.
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.
Special Provisions 3000-8
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 calendar days before work is to begin, the Contractor shall provide
written notice of intent to begin work to all adjacent properties, per Section
4000. The written notice will be approved by the City prior to issuance and
shall include at least the following information: brief description of the
improvements, the name, address and phone number of the Contractor, and
the date and time work is to begin and finish. Contractor shall update and
repost the information in the event the work is rescheduled.
**END OF SECTION**
Technical Specifications 4000-1
SECTION 4000
DIVISION 4 - TECHNICAL SPECIFICATIONS
1.0 GENERAL REQUIREMENTS
The Standard Specifications as defined in Section 2000 shall govern the work for this
project. All language in the Standard Specifications shall remain in full force and effect,
unless the language in the prevailing Contract Document specifically cites the section
number in the Standard Specification and says said provision is in lieu of that Standard
Specification section.
The project drawings and details are considered as part of these specifications, and any
work or materials shown on the drawings and not mentioned in the specifications, or 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 striping as night work at their own
expense. The City has the right to deny the request.
Contractor may request to maintain 24/7 lane closures at their own expense. The
City has the right to deny request.
Access to single access Developments must be maintained at all time, Contractor
shall stage work accordingly.
Technical Specifications 4000-2
Contractor may only perform pulverization/grading/paving between one major
intersection segment at a time before moving to a different section. Major
intersection segments are considered Washington Street to Adams Street, Adams
to Dune Palm Road, and Dune Palms Road to Jefferson Street.
The Contractor mush phase work to only allow vehicles on pulverized material for a
maximum of 3-days per stage. Only one pulverized lane in each direction shall be open
at one time. Bicycles shall not be permitted on pulverized material. At no time shall
vehicles be permitted to drive on pulverized material over a weekend or a City Holiday.
One-leg of curb ramps must be maintained at all times unless otherwise approved by
the City. The work area shall be fully protected from pedestrian access which may
require fencing. The use of caution tape tied to cones is not allowed as a means to
close off an area.
The placement of temporary self-adhesive, clean and visible reflectorized day/night
markers will be required on all streets where striping is removed. The Cost of placing
the temporary striping tabs shall be included in the various contract bid items and no
additional compensation will be allowed therefore. The spacing of the temporary
reflectorized day/night markers shall be 24’ O.C. and shall be completely removed after
completion of 1st coat of striping and to satisfaction of City.
TRAFFIC CONTROL shall be paid for at the Contract Lump Sum Price as shown on
the Bid Schedule. Monthly payments will be made on a pro-rata basis.
4.0 DUST CONTROL (BID ITEM No. 3)
Dust Control shall comply with Section 3000-4.2.
In addition to general sweeping and maintenance of the site, the Contractor shall sweep
sidewalk and other surfaces on a daily basis and as needed after roadway pulverization
begins and prior to the base paving.
DUST CONTROL shall be paid for at the Contract Lump Sum Price as shown on the
bid schedule. Monthly payments will be made on a pro-rata basis.
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.
Technical Specifications 4000-3
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.
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.
Technical Specifications 4000-4
(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 LOCATION AND PROTECTION OF UNDERGROUND UTILITIES AND
FACILITIES (NO BID ITEM)
All existing underground utilities and facilities such as electric utilities, gas utilities,
telephone utilities, television utilities, water utilities, street lighting facilities, traffic signal
facilities, sanitary sewers, storm drains, and irrigation systems may not have been
shown on the Plans for this project. The Contractor shall assume that any of these
underground utilities and/or facilities may be encountered during the removal and
reconstruction work and shall protect and restore same in place in accordance with
Section 402 of the Standard Specifications, Subsection 402-1 of the Standard
Specifications, and the following requirements and provisions:
The Contractor shall pothole utilities in any areas of excavation and pavement
pulverization. The Contractor shall submit pothole locations to the City five (5) working
days ahead of USA notification for review and comment. The Contractor retains sole
responsibility for utilities. The Contractor shall pot hole a minimum of two (2) working
days ahead of the construction or installation for the area in which the work is to be
performed. The "potholes" shall be to a depth sufficient to satisfy the Contractor that
the proposed construction work will not damage any underground utilities and/or
facilities. The Contractor shall be solely responsible for the cost of repair for any such
damage to said underground utilities and/or facilities and shall, except for irrigation
systems, make or cause to be made all repairs necessary to restore service the same
day.
Full compensation for compliance with the preceding requirements shall be considered
as being included in the various Contract items in the bid schedule and no additional
compensation will be allowed therefore.
Technical Specifications 4000-5
7.0 EARTHWORK (BID ITEM No. 4)
Grading areas within the existing roadway as designated on the plans shall be
conducted in accordance with Section 300 of the Standard Specifications for Public
Works Construction and these Special Provisions. This work, shall include, but not be
limited to, removing existing asphalt concrete and base, removing excess pulverized
roadway, clearing and grubbing, and roadway excavation. Earthwork shall include all
material-related work required to get the project ready to pave except for those items
where there is a more specific bid item for an item of work.
Whenever relative compaction is specified, it is to be determined by Test Method No.
Calif. 216, the in-place density may be determined by Test Method No. Calif. 231, the
in-place density required by Test Method No. Calif. 312 may be determined by Test
Method No. 231. The wet weight or dry weight basis and English Units of Measurement
may be used at the option of the Materials Engineer.
This item shall also include removal and disposal of all excess materials off of the
project site and to a lawful disposal site. This shall include, but need not be limited to,
removal and disposal of any asphalt concrete (AC) and other street-related material.
The contractor shall provide documentation as to where the excess material was
disposed at, along with appropriate paperwork showing that the excess material was
recycled or is planned to be recycled (if appropriate).
The contract Lump Sum price paid for Earthwork includes full compensation for
furnishing all labor, materials, tools, equipment, and incidentals and for doing all the
work involved in Earthwork, complete in place, as shown on the plans, as specified in
the Standard Specifications for Public Works Construction and these Special
Provisions, and as directed by the Engineer, unless there is a bid item specifically called
out for a more specific item of work.
8.0 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:
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.
Technical Specifications 4000-6
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.
9.0 EXISTING BITUMINOUS PAVEMENT REMOVAL (BID ITEM No. 16)
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 amended as follows:
Removal of bituminous pavement shall be made to a sawcut at the designated lines of
removal shown on the Plans or as designated by the Engineer. Location of sawcut and
width of existing pavement to be removed shall be as shown on the plans or as
determined by the Engineer in the field. Payment for sawcutting shall be included in the
compensation paid for the pavement removal and no additional compensation will be
allowed. Minimum laying depth of new pavement material shall be 0.10 foot at join
lines.
The areas and quantities shown on the plans or specifications are given only for the
Contractor's aid in planning the work and/or preparing bids. The Engineer shall
designate the limits to be removed and these designated areas shall be considered to
take precedence over the areas shown on the plans. No guarantee is made that areas
or quantities shown will equal the areas or quantities designated by the Engineer.
Spalled or loose blocks of pavement and pavement cracks wider than 3/8 inch will be
deemed justification for extending or adding to the removal and replacement of asphalt
concrete pavement.
Technical Specifications 4000-7
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]:
2” Grind and Asphalt Concrete Overlay shall be measured and paid for at the
contract unit price bid per Square Foot and shall include full compensation for all labor,
materials, tools, and equipment and for doing all work involved in grinding (cold-milling),
excavating, loading, stockpiling, hauling, and disposing of existing pavement material to
the depth specified and no additional compensation will be allowed therefore.
10.0 EXISTING CONCRETE PAVEMENT REMOVAL (BID ITEM No. 6)
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.
401-7 Payment. [Add the following]:
Sawcut, Remove, and Dispose of Existing Concrete Pavement, Sidewalk, Cross-
Gutter, Ramp, and Bus Turnout 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.
11.0 EXISTING CONCRETE CURB AND GUTTER REMOVAL (BID ITEM No. 5)
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 curb and gutter material
indicated on the plans or as directed by the Engineer. Sawcutting and removal of
existing concrete curb and gutter shall be included in this item of work. Removals shall
be to the nearest joint as shown on the plans or as directed by the Engineer.
Technical Specifications 4000-8
401-7 Payment. [Add the following]:
Sawcut, Remove, and Dispose of Existing Concrete Curb and Gutter shall be
measured and paid for at the contract unit price bid per Linear Foot and shall include
full compensation for all labor, materials, tools, and equipment and for doing all work
involved in sawcutting, excavating, loading, stockpiling, hauling, and disposing of
existing concrete curb and gutter material and no additional compensation will be
allowed therefore.
12.0 COLD MILLING AC PAVEMENT (BID ITEM No. 16)
Cold milling of asphalt concrete pavement shall be in accordance with Section 404 of
the Standard Specifications for Public Works Construction and as modified by these
Special Provisions.
Cold milling of asphalt concrete pavement shall be to the lines shown on the plans,
incorporated exhibits or detail drawings, or as directed by the engineer, and shall
comply with the construction methods set forth in Section 404 of the Standard
Specifications for Public Works Construction.
An area that is cold-milled may not have traffic running on it for more than 9 consecutive
calendar days hours or liquidated damages will be assessed, unless prior approval has
been provided by the City in writing. All cuts (transverse header cuts or longitudinal
cuts) that create a difference in height of a riding surface of 1.0 inches or greater, that
will be open to public traffic, shall be ramped at 4:1 (length: height) or flatter. Contractor
must paint temporary striping or maintain 24/7 traffic control approved by the City within
24 hours of cold-milling.
Small and mini-grinding equipment may be used, if necessary, to access all existing
asphalt concrete areas within the required cold mill limits as shown on the plans and
shall be approved by the Engineer.
Residue from cold milling shall be immediately removed from the roadbed by sweeping,
and shall not be permitted to flow into the gutters or other drainage facilities.
2” Grind and Asphalt Concrete Overlay shall be measured and paid for at the
contract unit price bid per Square Foot and shall include full compensation for all labor,
materials, tools, and equipment and for doing all work involved in grinding (cold-milling),
excavating, loading, stockpiling, hauling, and disposing of existing pavement material to
the depth specified and no additional compensation will be allowed therefore.
Technical Specifications 4000-9
13.0 PULVERIZE ROAD SECTION (13” STREET SECTION – THREE STEP
PROCESS) (BID ITEM No. 17)
Pulverized Miscellaneous Base shall conform to the provisions in Section 200-2.8 of the
Standard Specifications for Public Works Construction modified with these Special
Provisions.
The existing pavement section should be in-place recycled by full depth reclamation
(FDR) to produce quality aggregate base. This FDR process should occur in three (3)
stages.
1. Pulverize Existing AC: The first stage is to pulverize only the existing
asphalt concrete (AC) component of the existing street section.
2. Pulverize 13-inch Street Section: The second stage is to then to pulverize
the road section a second time. The pulverized material from the first
stage shall then be blended with the underlying aggregate base and native
soils (where present) to a pulverized depth of 13 inches. The maximum
size requirement of the pulverized material shall be 3/4” in any direction.
3. Remove Excess Material, Grade and Compact: The third stage is to
remove the excess pulverized material, grade, and compact. The excess
FDR materials should then be removed as necessary to allow for the
given AC thickness (a tolerance of +/- 0.020’ (+/- ¼ inch) is allowed). The
remaining in-place aggregate base shall then be compacted to a minimum
95 percent relative compaction in accordance with ASTM D 1557 or
Caltrans 216.
The City has limited boring data showing depths of existing pavement. No
warranty is given or implied as to the thicknesses of the street pavement, except
that additional compensation will be allowed if the existing asphalt concrete that
is to be pulverized is greater than 6 inches thick.
If the contractor wishes to personally check the existing pavement thicknesses,
the City Engineer’s office will cooperate by issuing the necessary encroachment
permit upon application by the Contractor and payment of the appropriate fee.
Highway 111
Section Min Max
Asphalt Concrete 4” 8”
Aggregate Base 3.5” 7”
Pulverize Road Section (13” Street Section) – Three Step Process shall be
measured and paid for at the contract unit price per Square Foot and shall include full
compensation for all labor, materials, tools, and equipment and for doing all work
involved in pulverizing and compacting the base in accordance with the plans and these
specifications and no additional compensation shall be allowed.
Technical Specifications 4000-10
14.0 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.
Aggregate base shall be Class II.
301-1.3 Relative Compaction. [Replace with the following]:
Relative compaction shall be modified to require 95% relative compaction of the top 12"
of the subgrade in lieu of the 90% allowed under base material, including removal of
aggregate base or subgrade to required depth.
301-1.5 Grading of Areas Not to be Paved. [Add the following]:
Grading for slopes in landscaped area to match the existing grade shall be considered
as included under this item of work. Grading for slopes shall also conform to subsection
300-2.5 Slopes.
Excavation from the entire work area may be considered to use as unclassified fill as
long as it meets the requirements laid out in Section 300-4.
301-1.7 Payment. [Replace with the following]:
Compensation for subgrade preparation and minor grading to meet grade shall be
deemed to be included in the bid price of other items, and no additional compensation
will be allowed.
15.0 ASPHALT CONCRETE (BID ITEM No. 16 AND 18)
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 III-B3-PG 70-10 3/4" Max. Medium – 3.5” Total Thickness
Finish Course III-C2-PG 70-10 1/2" Max. Medium – 2” Total Thickness
The Contractor shall submit final asphalt mix designs to the Agency for review prior to
paving.
Technical Specifications 4000-11
Asphalt Concrete Pavement
1. Asphalt concrete material shall conform to PG 70-10, as specified in Section 203-
6, “Asphalt Concrete”, of the Standard Specifications.
2. Distribution, spreading, rolling, and compaction of asphalt concrete pavement
shall conform to requirements as specified in Section 302-5, “Asphalt Concrete
Pavement”, of the Standard Specifications.
3. Diesel fuel shall not be used to coat the beds of delivery trucks. If diesel fuel is
detected on any load the entire load will be rejected.
4. Asphalt concrete surface course shall be placed in two (2) lifts, and compacted to
the thickness shown in the Plans.
5. No roller shall be permitted to stand motionless on any portion of the work before
it has been properly compacted. Upon completion, the pavement shall be true to
grade and cross-section. When a 10-foot straightedge is laid on the finished
surface, the surface shall not vary from the edge of the straightedge more than
¼-inch.
302-5.5 Distribution and Spreading.
[Add the following, including new Subsection 302-5.4.1.]:
A minimum of two courses shall be laid for all asphalt concrete pavements of three
inches or thicker. Both the base and finish course shall be machine placed.
15.1 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.
Technical Specifications 4000-12
15.2 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.
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.
15.3 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.
15.4 Maintenance and Protection
1. After an area has been released to the Contractor he shall assume complete
responsibility for maintenance and protection responsibilities without the written
authorization of the CITY.
Technical Specifications 4000-13
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.
15.5 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.
15.6 Measurement and Payment. [Add the following]:
The contract Unit price paid per Square Foot for Construct 5.5” Asphalt
Concrete Over Pulverized Base includes full compensation for furnishing all
labor, materials, tools, equipment, and incidentals, and for doing all the work
involved in constructing and placing Asphalt Concrete Pavement, complete in
place, including hauling, as shown on the plans, as specified in the Standard
Specifications and these special provisions, and as directed by the engineer,
and no additional compensation will be allowed therefore .
2” Grind and Asphalt Concrete Overlay shall be measured and paid for at
the contract unit price bid per Square Foot and shall include full compensation
for all labor, materials, tools, and equipment and for doing all work involved in
grinding (cold-milling), excavating, loading, stockpiling, hauling, disposing of
existing pavement material to the depth specified, and placing asphalt concrete
overlay, and no additional compensation will be allowed therefore.
16.0 CONCRETE AND MASONRY CONSTRUCTION (BID ITEM No. 7-11,13-15)
Concrete construction shall conform to Section 201, “Concrete, Mortar, and Related
Materials,” and Section 303, “Concrete and Masonry Construction,” of the Standard
Specifications and these Special Provisions.
Curing compound shall be in accordance with the City of La Quinta Standard Plan
Number 200.
Technical Specifications 4000-14
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 and Alternate Class (Add the following:)
Construction Class Slump
Sidewalks, curbs and gutters, curb ramps, local depressions 560-C-3250 5”
Driveways, Driveway Aprons, Cross Gutters & Spandrels 560-C-3250 5”
Concrete surrounding manhole, cleanouts, and vault frames. 560-C-3250 5"
201-1.2 Materials
201-1.2.1 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.
16.1 Concrete Curbs, Walks, Gutters, Cross Gutters, Access Ramps, &
Driveways
Concrete Curb, Gutter, Curb Transition, Sidewalk, Ribbon Gutter, Curb Ramp, and
Driveway, 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, cross gutters, access ramps, and driveways 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.
Technical Specifications 4000-15
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.
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 Curb and Gutter per City of La Quinta STD 201, 3” Dowel
into Adjacent Existing Concrete Curb and Gutter shall be at the contract unit bid
price per Linear Foot and shall include full compensation for providing this item of work,
complete in place, including required hand work and dowels, and no additional
compensation will be allowed.
Payment for Construct Cross-Gutter per City of La Quinta STD 230 Mod. and 231
Mod. shall be at the contract unit bid price per Square Foot and shall include full
compensation for providing this item of work, complete in place, including required hand
work, and no additional compensation will be allowed.
Repairs to Asphalt and Base in association with concrete construction shall be
paid for under the associated item of work. The structural section shall match the
existing section it is replacing.
Payment for Construct Sidewalk per City of La Quinta STD 240 Mod. shall be at the
contract unit bid price per Square Foot and shall include full compensation for providing
this item of work, complete in place, including required hand work, and no additional
compensation will be allowed.
Technical Specifications 4000-16
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.
Payment for Construct Concrete Curb Ramp per City of La Quinta STD 250 Mod.,
Case Per Plan 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.
Payment for Construct Concrete Passageway per CALTRANS STD A88B Mod.,
Type B 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 passageway item shall include the
truncated domes.
Payment for Construct PCC Bus Turnout per City of La Quinta STD 650 Mod. shall
be at the contract bid price per Square Foot and shall include full compensation for
providing this item of work, complete in place, including required hand work, aggregate
base, and no additional compensation will be allowed.
16.2 Concrete Structures
Concrete structures shall conform to Section 207 and 303 of the Standard
Specifications and these Special Provisions.
Reinforcement shall be Grade 60 and conform with Section 201-2, “Reinforcement for
Concrete,” and Section 303-1.7, “Placing Reinforcement,” of the Standard
Specifications.
Concrete structures for this project shall consist of reconstruction of catch basin.
Concrete to be used in the construction of minor concrete structures shall be Class 560-
C-3250, 5” slump concrete.
303-5.9 Measurement and Payment. [Add the following to this section]:
Payment for Remove and Reconstruct Portion of Ex. Catch Basin and Gutter
Depression per City of La Quinta Std. 300, 330, and per Plan shall be at the contract
Lump Sum price and shall include full compensation for providing this item of work,
complete in place, including required hand work, rebar per plan, dowels, galvanized
steel angle, all joints, the construction of local depression, and no additional
compensation will be allowed.
Technical Specifications 4000-17
17.0 TRUNCATED DOMES (BID ITEM No. 12)
The Contractor shall furnish and install truncated domes at the location shown in the
plans. The domes shall conform to the City of La Quinta Standard Detail Number 250
Mod.
All dome panels shall be yellow in color. All panels shall be wet-set concrete tiles.
Glue down mats will not be allowed.
Payment for Sawcut, Remove, and Dispose of Existing Concrete Ramp; Furnish
and Install Truncated Dome Concrete Tile per City of La Quinta STD 250 Mod.
shall be at the contract bid price per Square Foot and shall include full compensation
for providing this item of work, complete in place, including required hand work, and no
additional compensation will be allowed.
18.0 ADJUST TO GRADE, STORM DRAIN MANHOLE (BID ITEM No. 22)
Adjust to Grade, Storm Drain Manhole shall conform to the provisions in Section 403,
“Manhole Adjustment and Reconstruction,” of the Standard Specifications and these
Special Provisions:
403-3 Manholes in Asphalt Concrete Pavement. [Add the following]:
403-3.1 Adjustment of Manholes.
The adjustment to grade of storm drain manholes as shown on the plans, shall conform
to Section 403-3 except that the methods and materials used to perform said work shall
be performed in conformance with applicable Coachella Valley Water District
Standards. This work includes providing all materials and labor adjusting (lowering and
raising) the manholes including replacing damaged covers, rings, and frames.
Manholes shall be protected in place and shall be accessible at all times during
construction.
403-5 Payment. [Add the following]:
Payment for Lower and Raise Storm Drain Manhole shall be paid at the contract unit
price per Each and shall include full compensation for all labor, materials, tools, and
equipment and for doing all work involved in 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.
Technical Specifications 4000-18
19.0 LANDSCAPE AND IRRIGATION (BID ITEM No. 19)
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.
The contract Lump Sum price Grade Parkway, Remove, Modify, and Replace
Landscape, Hardscape & 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.
20.0 STRIPING AND PAVEMENT MARKINGS (BID ITEM No. 23)
Removing and painting striping and pavement markings shall conform to the provisions
in Section 84-1, "General," and 84-3, "Traffic Stripes and Pavement Markings," of the
State Standard Specifications and these special provisions.
20.1 Remove Traffic Stripes and Pavement Markings
Traffic pavement markings shall be completely removed 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.
Technical Specifications 4000-19
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.
20.2 Refresh Existing Striping
Refreshing existing striping and pavement markings shall conform to the provisions in
Section 84-1, "General," and 84-3, "Traffic Stripes and Pavement Markings," of the
State Standard Specifications and these special provisions.
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.
20.3 Striping and Pavement Markings
The CONTRACTOR shall furnish the necessary control points for all striping and
markings and shall be responsible for the completeness and accuracy thereof to the
satisfaction of the ENGINEER.
The CONTRACTOR shall perform all layout, alignment, and stripping layout for traffic
stripes and markings. Traffic striping shall not vary by more than ½ inch in 50 feet from
the alignment shown on the plans. The dimensional details of the stripes and markings
shall conform to the provisions set forth in the California Manual on Uniform Traffic
Control Devices (CAMUTCD) available from Caltrans.
STRIPING LAYOUT – Striping Layout shall be completed prior to the removal of any
existing stripes or markings. Existing stripes and markings shall be removed prior to
painting new ones, but in no case shall any section of street be left without the proper
striping for more than 24 hours, or over weekends or holidays.
Technical Specifications 4000-20
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 14 th 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.
2. High Performance Water Borne, Rapid Dry, Black – High Build Traffic
Paint by Ennis Flint, or approved equal.
3. High Performance Water Borne, Rapid Dry, Yellow – High Build Traffic
Paint by Ennis Flint, or approved equal.
4. Methyl Methacrylate Bike Lane Treatment System, Green – 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.
Technical Specifications 4000-21
21.0 SIGNING (BID ITEM No. 23)
21.1 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.
21.2 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.
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.
21.3 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.
Technical Specifications 4000-22
22.0 TRAFFIC SIGNAL MODIFICATION (BID ITEM No. 20 and 21)
The work to be done consists of the modification of traffic signals, including but not
limited to, installing new pull boxes and relocating pedestrian push button post shall
conform to Section 700 “Street Lighting and Traffic Signal – Materials” and Section 701
“Street Lighting and Traffic Signal – Construction” of the Standard Specifications, and
these special provisions.
Traffic Signal Removal shall conform to the provisions in Section 401 “Removal” of the
Standard Specifications, Section 87-21 of the State Standard Specifications, in addition
to the provisions listed below.
Materials to be removed/relocated and salvaged, to the City Yard (Public Works
Maintenance Facility), include:
Pull Box
Pedestrian Push Button Assemblies
Pedestrian Push Button Post
Prior to delivery of the salvaged equipment, to the City Yard (Public Works Maintenance
Facility), 78109 Avenue 52. The Contractor shall coordinate with the City Staff at least
24 hours prior to delivery, (760) 777-7190.
The costs of salvaging and delivering equipment shall be included in the Each
(EA) price for Remove and Relocate Existing PPB and PPB Post per CALTRANS
Std. ES-7A and Salvage to City Existing Pull Box and Furnish and Install New No.
6(T) Traffic Pull Box per CALTRANS Std. Plan ES-8B and no additional
compensation shall be allowed therefor. The Contractor shall provide all
equipment and labor to deliver, move, and locate salvaged equipment as directed
by City Staff.
STANDARDS, POLES, PEDESTALS, AND POSTS
Standards, poles, pedestals, and posts shall conform to the provisions in Section 56-3,
“Standards, Poles, Pedestals, and Posts”, of the State Standards Specifications and
these Special Provisions.
The Contractor will be responsible to pick up the pedestrian push button post
from the City of La Quinta’s Yard and responsible to bring them to the site.
Several utilities may exist in the area; any and all utility locations shown in any plans
should be considered approximate. The installer shall be responsible for calling the
appropriate authority and all affected utility companies prior to any drilling or excavation
on this project.
Technical Specifications 4000-23
The install shall stake all proposed pedestrian push button station locations after utility
locations are finalized. The City having authority must approve these locations prior to
any drilling or excavation on the project.
Payment for Remove and Relocate Existing PPB and PPB Post per CALTRANS
Std. ES-7A shall be measured and paid for at the contract unit price per Each and shall
include full compensation for all labor, materials, tools, and equipment and for doing all
work involved in removing and relocating pedestrian push button post in accordance
with the specified drawing, and appurtenances, complete in place, as directed by the
Engineer, and no additional compensation will be allowed therefore.
PULL BOXES
Pull boxes shall conform to the provisions in section 86-1.02C “Pull Boxes” of the State
Standard Specifications and these Special Provisions.
Where concrete improvements have a traffic signal pull box within or adjacent to the
limits of removal, the contractor shall furnish and install a new traffic signal pull box in
accordance with the 2018 CALTRANS Standard Plan ES-8B. All pull boxes shall be No.
6(T) unless otherwise noted on the plan(s). Contractor shall provide a submittal of the
proposed traffic signal pull box to be used for approval by the City.
Pull boxes shall be bedded in crushed rock and grouted. The grout shall be a minimum
of 0.5 inches thick and sloped to a drain hole.
Pull boxes installed in unimproved areas shall be installed similar to the traffic
installations shown on Standard Plan, except that cover shall be set 2" above existing
grade and the concrete surround shall be 12" thick and sloped from existing grade to
the top of the pull box.
Number 6 pull boxes adjacent to controller shall include an extension.
Pull box cover markings shall conform to Section 86-1.02C(1), "General", and shall
indicate "Traffic Signal" on traffic signal pull boxes and “Signal Comm” on signal
communication pull boxes.
No pull boxes shall be relocated as a part of the construction. Should pull boxes require
relocation, the Contractor shall furnish and install a new pull box in accordance with
these provisions.
Payment for Salvage to City Existing Pull Box and Furnish and Install New No. 6(T)
Traffic Pull Box per CALTRANS Std. Plan ES-8B shall be measured and paid for at
the contract unit price per Each and shall include full compensation for all labor,
materials, tools, and equipment and for doing all work involved in installing traffic signal
pull boxes in accordance with the specified drawing, including gravel and grouting,
complete in place, as directed by the Engineer, and no additional compensation will be
allowed therefore.
APPENDIX A
ESCROW AGREEMENT FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
(3 PAGES)
Appendix A Page 1
ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between the City of La Quinta
whose address is 78-495 Calle Tampico, La Quinta, California, 92253, hereinafter
called City, and , hereinafter called
Contractor whose address is , and
hereinafter called Escrow Agent whose address is:
.
For the consideration hereinafter set forth, the City, Contractor, and Escrow Agent
agree as follows:
1. Pursuant to Section 22300 of the Public Contract Code of the State of California,
Contractor has the option to deposit securities which meet the requirements set
forth in said Section 22300, with Escrow Agent, as a substitute for retention
earnings required to be withheld by City pursuant to the Construction Contract
entered into between City and Contractor for City Project No. 2022-25, Federal
Project No. HIPL-5433(021), Highway 111 Resurfacing Project, 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
(47 PAGES)
7/6/22
7/6/22
S-1BDRAWING NUMBER:
MANHOLE COLLAR IN HEAVY TRAFFIC AREA
FRAME & COLLAR
OUT OF PAVEMENT IN PAVEMENT
NONRESIDENTIAL
SECTION A-A
ROADWAYS
Approval Date: Draft 09/18
JOINT DETAIL
PLAN OF BASE
SECTIONAL ELEVATION A-A
TOP RING DETAIL
AA
CONCRETE MANHOLE
REINFORCED PRECAST
S-5Approval Date: Draft 09/18 DRAWING NUMBER:
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
Figure 3A-107 (CA). Median Islands
DETAIL 28 POLICY .... r 2 ft Minimum
....
3 in
3 in
Double Left Edge Line pattern for use on all-paved sections of streets and highways (normally used on local streets and highways). See Note 2.
DETAIL 29
I
48 ft .... 24 ft I 24 ft
0 0 r 2 ft Minimum
0 0 .... I 24 ft I 24 ft
I 0
0 I
-2in
3 in
3 in
_2in
Double Left Edge Line pattern with pavement markers for use on all-paved sections of streets and highways. See Notes 1 and 2.
DETAIL 30
....
....
48 ft
24 ft
I
24 ft
0000000000000_
0000000000000-r 2 ft Minimum
0000000000000_ ooooooooooooo-
4ft-1 1----1 ~4ft
3 in
3 in
Alternate to Detail 29. For use at problem locations where it is difficult to place and maintain lines because of moisture, sand, etc.
NOTTO SCALE
NOTES: 1. Pavement markers shown off the solid line in Detail 29 may be placed on the line. 2. If the material used for centerline marking is paint, a 3 in black line shall be placed between the yellow lines on State highways and may be placed on streets and highways under local jurisdiction.
LEGEND
4 to 6 in Yellow (for local agencies) 6 in Yellow (on State Highway System) .... .... Direction of Travel
0 Two-Way Yellow Retroreflective Markers
0 Non-Retroreflective Yellow Markers
November 7, 2014
California MUTCD 2014 Edition Page 665
(FHWA’s MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California)
Chapter 3A – General Revised February 6, 2023 Part 3 – Markings
Figure 3A-111 (CA). Lane Drop Markings
DETAIL 37 -Lane Drop Markings at Exit Ramps
Marking pattern for use on mandatory lane drops at freeway exit ramps and freeway to freeway connectors. .. }-90 ft
Repeat at 1/2 Mile intervals (See Detail 14A)
r30· 30ft ~ 30ft T 30ft ,,. r ,oo. 1 ..... :;; I ::; I :;; (S" Not, 2) ~H~H~ (D("')~("")(,D
i__D fl D I: White Line
D fl D D fl D D fl D D fl D ~-[I [I [I ..... See Detail 38
DETAIL 37B -Lane Drop Markings at Conventional Highway Intersections
Marking pattern for use on mandatory turn lanes at intersections. Pavement markers shown are optional on local streets and highways.
90 ft
DETAIL 37D -Lane Drop Line For Two-Lane Roundabouts
For use on mandatory exiting lanes from two-lane roundabouts. L l2tt l 4 tt l 2tt l 4 tt l 2tt l 4 tt l 2ttl D D D D
~in White Line
NOTTO SCALE
See Detail 36
[I [I =----[I
NOTES: 1. Pavement markers shown off the solid line in Detail 37 may be placed on the line. 2. The Solid Channelizing Line shown in Detail 37 and 37 A may be omitted on short auxilary lanes where weaving length is critical.
LEGEND
8 8 Non-Retro reflective White Markers fl One-Way Clear Retroreflective Markers
..,.. Direction of Travel fl Red-Clear Retroreflective Markers
November 7, 2014
California MUTCD 2014 Edition Page 670
(FHWA’s MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California)
Chapter 3A – General Revised February 6, 2023 Part 3 – Markings
Figure 3A-112 (CA). Channelizing Line and Lane Line/Centerline Extensions
DETAIL 38 -Channelizing Line POLICY
~-----B_in_W_h_ite_Li_ne _____ ~I . [1 __ 2m [I
I
[I
24 ft I 24 ft
Through Traffic ...,.
DETAIL 38A -Channelizing Line
8 in White Line
I
DETAIL 38B -Channelizing Line at Exit Ramps
.--[l ______ [l _______ [I_ -_,--2 in
~-----B_in_W_h_ite_Li_ne _____ ~I .
[I
I
[I
24 ft I 24 ft
[1 __ 2m
I
DETAIL 38C -Alternate to Detail 38 and 38B
~88888fl88888fl 1~ I~ I I 24 ft I
DETAIL 39 -Bike Lane Line
6 in White Line
DETAIL 39A -Bike Lane Intersection Line
Typical channelizing line for use on Left-Turn or Right-Turn lanes on State highways. Pavement Markers when used should be place on the through traffic side only.
Typical channelizing line for use on Left-Turn or Right-Turn lanes on local streets and highways and freeway off-ramp terminals.
Typical channelizing line for use on Exit Ramps. Pavement Markers as shown may also be placed on the line.
50 ftto 200 ft ------~~~ Intersection
.... 8 ft
c=J
I 4ft I ~Sin White~
DETAIL 40-Lane Line Extension Through Intersections
c::::J
I 1 ft I 6ft
c;=J c::::J The Lane Line Extension Through Intersections I \_ 4 to 6 in White (for local agencies) line is used to extend the lane line through an 6 in White (on state Highway System) intersection that might otherwise be confusing to the motorist.
DETAIL 40A -Alternate to Detail 40
0 0
I 4ft I
\_o o o o
Non-Retroreflective White Markers
DETAIL 41 -Centerline Extension Through Intersections
c::::J
I 1 ft I sft
c::::J The Centerine Extension Through Intersections
I line is used to extend the centerline through an 4 to 6 in Yellow (for local agencies) intersection that might otherwise be confusing to 6 in Yellow (on State Highway System) the motorist.
DETAIL 41A -Alternate to Detail 41
0 0
I 4ft I
\_o o o o
Non-Retroreflective Yellow Markers
LEGEND
White Line O Non-Retroreflective White Markers
Yellow Line O Non-Retroreflective Yellow Markers
NOTTO SCALE
...,. Direction of Travel [I One-Way Clear Retroreflective Markers
November 7, 2014
California MUTCD 2014 Edition Page 671
(FHWA’s MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California)
Chapter 3A – General Revised February 6, 2023 Part 3 – Markings
9C-3. Word, Symbol, and Arrow Pavement Markings for Bicycle Lanes
-----+-Normal
white line
l 72 inches
j l 72inches
** j l 72inches
j
A -Bike Symbol
----+-Normal
white line
l 72inches
j l 72inches
** j l 72inches
j
B -Helmeted Bicyclist Symbol
Legend * Optional * * Required on far side of ea ch intersection ,
optional at other locations
l 72inches
j l 72inches
j
t 44inches l l 64inches
** l
t 44inches l
C -Word Legends
California MUTCD 2014 Edition Page 1402
(FHWA’s MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California)
Chapter 9C – Markings November 7, 2014
Part 9 – Traffic Control for Bicycle Facilities
APPENDIX C
PAVEMENT REHABILITATION REPORT
NOTE: FOR INFORMATION ONLY – CONTRACTOR IS RESPONSIBLE TO
VERIFY THE PAVEMENT DEPTHS
(43 PAGES)
PAVEMENT REHABILITATION REPORT
Highway 111 from the City’s Western Limits to Jefferson Street
City of La Quinta, Riverside County, California
CONVERSE PROJECT NO. 19-81-183-05
Prepared For: CITY OF LA QUINTA
PUBLIC WORKS DEPARTMENT & ENGINEERING
78495 Calle Tampico
La Quinta, CA 92253
Presented By: CONVERSE CONSULTANTS
42280 Beacon Hill, Ste. D9
Palm Desert, CA 92211
909-896-3104
August 23, 2022
Converse Consultants
Geotechnical Engineering, Environmental & Groundwater Science, Inspection & Testing Services
42-280 Beacon Hill, Suite D9, Palm Desert, California 92211
Telephone: (909) 896-3104 ♦ Facsimile: (909) 796-7675 ♦ www.converseconsultants.com
August 23, 2022
Mr. Ubaldo Ayon, Jr.
Assistant Construction Manager
City of La Quinta, Public Works Dept. & Engineering
78495 Calle Tampico
La Quinta, CA 92253
Subject: PAVEMENT REHABILITATION REPORT
Highway (Hwy) 111 from the City’s Western Limits to Jefferson Street
City of La Quinta, Riverside County, California
Converse Project No. 19-81-183-05
Dear Mr. Ayon:
Converse Consultants (Converse) is pleased to submit this Pavement Rehabilitation
Report for Highway (Hwy) 111 from the city’s western limits to Jefferson Street in the City
of La Quinta, Riverside County, California. This report has been prepared in accordance
with our proposal and Mr. Ubaldo Ayon’s authorization to proceed dated May 27, 2022,
your Agreement for Contract Services effective July 1, 2019, and your Purchase Order
Number 1920-0082 dated August 15, 2019.
Based on our field investigation, laboratory data and analysis, the proposed pavement
rehabilitation is feasible from a geotechnical standpoint provided recommendations
presented in this report are incorporated in the design and construction.
We appreciate the opportunity to be of continued service to the City of La Quinta. If you
should have any questions, please do not hesitate to contact us at 909-796-0544.
CONVERSE CONSULTANTS
Hashmi S.E. Quazi, PhD, PE, GE
Principal Engineer
Dist: 3/Addressee
AM/HSQ/kvg
Pavement Rehabilitation Report
Hwy 111 from the City’s Western Limits to Jefferson Street
City of La Quinta, Riverside County, California
August 23, 2022
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PROFESSIONAL CERTIFICATION
This report has been prepared by the staff of Converse Consultants under the professional
supervision of the individuals whose seal and signature appear hereon.
The findings, recommendations, specifications or professional opinions contained in this
report were prepared in accordance with generally accepted professional engineering and
engineering geologic principles and practice in this area of Southern California. There is
no warranty, either expressed or implied.
_______________________________
Hashmi S.E. Quazi, PhD, PE, GE Antonio S. Maciel Jr. , EIT
Principal Engineer Senior Staff Engineer
Pavement Rehabilitation Report
Hwy 111 from the City’s Western Limits to Jefferson Street
City of La Quinta, Riverside County, California
August 23, 2022
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TABLE OF CONTENTS
1.0 INTRODUCTION ----------------------------------------------------------------------------------- 1
2.0 PROJECT DESCRIPTION ---------------------------------------------------------------------- 1
3.0 STREET SURFACE DESCRIPTION --------------------------------------------------------- 1
3.1 Existing Pavement Conditions from City’s Western Limits to Jefferson
Street ----------------------------------------------------------------------------------------- 3
4.0 SCOPE OF WORK -------------------------------------------------------------------------------- 3
4.1 Project Set-Up ----------------------------------------------------------------------------- 3
4.2 Subsurface Exploration ------------------------------------------------------------------ 4
4.3 Laboratory Testing ------------------------------------------------------------------------ 5
4.4 Analysis and Report Preparation ------------------------------------------------------ 5
5.0 SUBSURFACE CONDITIONS ----------------------------------------------------------------- 5
5.1 Subsurface Profile ------------------------------------------------------------------------ 5
5.2 Subsurface Variations ------------------------------------------------------------------- 6
5.3 Excavatability ------------------------------------------------------------------------------ 6
6.0 LABORATORY TESTING ----------------------------------------------------------------------- 7
6.1 Physical Test Results -------------------------------------------------------------------- 7
7.0 PAVEMENT RECOMMENDATIONS --------------------------------------------------------- 7
7.1 Full Section Removal and Replacement -------------------------------------------- 8
7.2 Full Depth Reclamation (FDR) with Mechanical Stabilization ------------------ 9
7.3 Mill and Overlay of Existing Pavement --------------------------------------------- 10
7.4 Pavement Placement Method Recommendations ------------------------------- 10
8.0 CONSTRUCTION CONSIDERATIONS ----------------------------------------------------- 11
9.0 CLOSURE ------------------------------------------------------------------------------------------ 12
10.0 REFERENCES ------------------------------------------------------------------------------------ 13
FIGURES
Following Page No.
Figure No. 1, Approximate Project Location Map ............................................................ 1
Figure No. 2a through 2d, Approximate Boring Locations Map ............................................ 5
Figure No. 3, Typical FDR Section with an Elevation Restriction ......................................... 9
TABLES
Page No.
Table No. 1, East and West Bound Lanes Existing Pavement Conditions ........................ 3
Table No. 2, Field Exploration Data .................................................................................. 4
Pavement Rehabilitation Report
Hwy 111 from the City’s Western Limits to Jefferson Street
City of La Quinta, Riverside County, California
August 23, 2022
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Table No. 3, Summary of Subsurface Conditions ............................................................. 6
Table No. 4, Recommended and Minimum Flexible Pavement Structural Sections .......... 9
Table No. 5, Suggested Asphalt Concrete Rehabilitation Method .................................. 11
APPENDICES
Appendix A .................................................................................................... Field Exploration
Appendix B .................................................................................. Laboratory Testing Program
Pavement Rehabilitation Report
Hwy 111 from the City’s Western Limits to Jefferson Street
City of La Quinta, Riverside County, California
August 23, 2022
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1.0 INTRODUCTION
This report was prepared by Converse Consultants (Converse) for the proposed pavement
rehabilitation along Hwy 111 from the city’s western limits to Jefferson Street in the City of
La Quinta, Riverside County, California. The project location is shown in Figure No. 1,
Approximate Project Location Map.
The purpose of the investigation was to evaluate the nature and engineering properties of
the subsurface soils, to provide geotechnical recommendations for the design and
construction of the proposed pavement rehabilitation.
This report is prepared for the project described herein and is intended for use solely by
The City of La Quinta and its authorized agents for design purposes. It should not be
used as a bidding document but may be made available to the potential contractors for
information on factual data only. For bidding purposes, the contractors should be
responsible for making their own interpretation of the data contained in this report.
2.0 PROJECT DESCRIPTION
The project consists of pavement rehabilitation along the east and west bound lanes of
Hwy 111 from the city’s western limits to Jefferson Street. The roadway segment
measures approximately 10,310 feet.
3.0 STREET SURFACE DESCRIPTION
Hwy 111 is an east to west direction street from the city’s western limits to Jefferson Street
is an approximate 10,310 foot long, 6 lane road. There are 3 travel lanes in each direction
with a center median in between the lanes. There is concrete curb and gutter, and
businesses on both the north and south sides of the street. Topographic relief is relatively
flat with no significant slopes or grade separations. Longitudinal (parallel to traffic
direction) and transverse cracking were observed within the roadway surface. The cracks
generally range from 0.25-inch to 1.0 inches wide. Localized areas also exhibit potholes.
The existing pavement conditions may be seen in photographs 1 and 2 below. Photo No.
1 shows a combination of distress near BH-12 and BH-07. Photo No. 2 shows potholing
and longitudinal cracking near BH-01.
Approximate Project Location Map
Converse Consultants
Project No.
Figure No.
19-81-183-05
Project:Pavement Rehabilitation Hwy 111 from the city’s western limits to Jefferson Street
City Of La Quinta.
City Of La Quinta,
Riverside County, California.
Location:
For:
1
Hwy 111 Site Location (BH-01
through BH-12)
(Not to Scale)
Pavement Rehabilitation Report
Hwy 111 from the City’s Western Limits to Jefferson Street
City of La Quinta, Riverside County, California
August 23, 2022
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Photo No. 1: Various pavement distress along Hwy 111 near BH-12 and BH-07 facing
southwest.
Photo No. 2: Potholing and longitudinal cracking near BH-01 facing southeast.
Pavement Rehabilitation Report
Hwy 111 from the City’s Western Limits to Jefferson Street
City of La Quinta, Riverside County, California
August 23, 2022
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3.1 Existing Pavement Conditions from City’s Western Limits to Jefferson Street
A summary of the existing surface pavement conditions is presented in the Table No. 1,
East and West Bound Existing Pavement Conditions.
Table No. 1, East and West Bound Lanes Existing Pavement Conditions
Distance from
Jefferson Street (Total
Length 10,310 ft.)
Existing Pavement Conditions Surface Drainage
1,000
Longitudinal and transverse cracking,
potholes up to approximately 4-inches in
depth
No visible depressions
for ponding
2,000 Longitudinal and transverse cracking No visible depressions
for ponding
3,000 Longitudinal and transverse cracking No visible depressions
for ponding
4,000 Longitudinal and transverse cracking No visible depressions
for ponding
5,000 Longitudinal and transverse cracking No visible depressions
for ponding
6,000 Longitudinal and transverse cracking No visible depressions
for ponding
7,000 Longitudinal and transverse cracking No visible depressions
for ponding
8,000 Longitudinal and transverse cracking No visible depressions
for ponding
9,000
Longitudinal and transverse cracking,
localized areas of asphalt repair from
construction work
No visible depressions
for ponding
10,000
Longitudinal and transverse cracking,
localized areas of asphalt repair from
construction work
No visible depressions
for ponding
10,310
Longitudinal and transverse cracking,
localized areas of asphalt repair from
construction work
No visible depressions
for ponding
4.0 SCOPE OF WORK
The scope of this investigation included the following tasks.
4.1 Project Set-Up
The project set up consisted of the following tasks.
Conducted a site reconnaissance to verify that a drill rig was accessible to all
boring locations selected by Converse and approved by the City of La Quinta.
Submitted a no-fee encroachment permit from the City of La Quinta.
Pavement Rehabilitation Report
Hwy 111 from the City’s Western Limits to Jefferson Street
City of La Quinta, Riverside County, California
August 23, 2022
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Notified Underground Service Alert (USA) at least 48 hours prior to drilling to clear
the boring locations of conflict with underground utilities.
Met with USA representative prior to and on the day of, drilling for marking
underground utilities.
Engaged a drilling subcontractor.
4.2 Subsurface Exploration
A total of 12 borings were drilled between June 29 and July 1, 2022 to the maximum
explored depths of 6.5 feet bgs. Five borings were drilled along the north side of Hwy 111.
Seven borings were drilled along the south side of Hwy 111. The number one lane in either
the east or west directions is the lane furthest to the left. The number two lane is the right
lane next to the number one lane. Field exploration data is presented in Table No. 2, Field
Exploration Data.
Our field exploration plan is presented in the table below.
Table No. 2, Field Exploration Data
Boring No. Approximate Boring Location Date Drilled Planned
Depth (ft)
Drilled
Depth (ft)
BH-01
No. 1 lane westbound Hwy 111,
approximately 332 feet west from
Jefferson Street
June 29, 2022 5.0 6.5
BH-02
No. 2 lane westbound Hwy 111,
approximately 600 feet west from
Costco Drive
June 29, 2022 5.0 6.5
BH-03
No. 3 lane westbound Hwy 111,
approximately 700 feet west from
Dune Palms Road
June 30, 2022 5.0 6.5
BH-04
No. 1 lane westbound Hwy 111,
approximately 655 feet west from
Auto Center Drive
June 30, 2022 5.0 6.5
BH-05
No. 2 lane westbound Hwy 111,
approximately 175 feet east from La
Quinta Center Drive
June 30, 2022 5.0 6.5
BH-06
No. 3 lane westbound Hwy 111,
approximately 425 feet west from
Simon Drive
June 30, 2022 5.0 6.5
BH-07
No. 1 lane eastbound Hwy 111,
approximately 585 feet east from
Monte Sereno Drive
June 30, 2022 5.0 6.5
BH-08
No. 2 lane eastbound Hwy 111,
approximately 485 feet west from
Simon Drive
June 30, 2022 5.0 6.5
BH-09
No. 3 lane eastbound Hwy 111,
approximately 445 feet east from La
Quinta Center Drive
July 1, 2022 5.0 6.5
Pavement Rehabilitation Report
Hwy 111 from the City’s Western Limits to Jefferson Street
City of La Quinta, Riverside County, California
August 23, 2022
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Boring No. Approximate Boring Location Date Drilled Planned
Depth (ft)
Drilled
Depth (ft)
BH-10
No. 1 lane eastbound Hwy 111,
approximately 570 feet west from La
Quinta Drive
July 1, 2022 5.0 6.5
BH-11
No. 3 lane eastbound Hwy 111,
approximately 250 feet east from
Dune Palms Road
July 1, 2022 5.0 6.5
BH-12
No. 1 lane westbound Hwy 111,
approximately 635 feet west from
Washington Street
June 30, 2022 5.0 6.5
Approximate boring locations is presented in Figure Numbers 2a through 2d, Approximate
Boring Locations Map. For a description of the field exploration and sampling program, see
Appendix A, Field Exploration.
4.3 Laboratory Testing
Representative soil samples obtained during the subsurface exploration were tested in our
laboratory to evaluate their engineering properties. Laboratory testing included the following.
In Situ Moisture Content and Dry Density (ASTM Standards D2216 and D2937)
Expansion Index (ASTM Standard D4829)
Laboratory Maximum Density (ASTM Standard D1557)
R-Value (CT 301)
Passing Sieve No. 200 (ASTM Standard D1140)
For in situ moisture and density data, see the logs of borings in Appendix A, Field
Exploration. For a description of the laboratory test methods and test results, see Appendix
B, Laboratory Testing Program.
4.4 Analysis and Report Preparation
Data obtained from the exploratory fieldwork and the laboratory-testing program were
evaluated. The geotechnical analyses were compiled and this report was prepared to
present our findings and recommendations.
5.0 SUBSURFACE CONDITIONS
The various elements of the subsurface condition are presented below.
5.1 Subsurface Profile
The general subsurface conditions are summarized on the following table.
Converse Consultants
Project No.
Figure No.
19-81-183-05Approximate Boring Locations Map
2a
For:
Project:
Location:
Pavement Rehabilitation Hwy 111 from city’s western limits to Jefferson Street
City of La Quinta
City of La Quinta, Riverside County, California
Number/Depth and Approximate Location of
Exploratory BoringBH-01/6.5
BH-01BH-02
Converse Consultants
Project No.
Figure No.
19-81-183-05Approximate Boring Locations Map
2b
For:
Project:
Location:
Pavement Rehabilitation Hwy 111 from city’s western limits to Jefferson Street
City of La Quinta
City of La Quinta, Riverside County, California
Number/Depth and Approximate Location of
Exploratory BoringBH-01/6.5
BH-11
BH-10
BH-03
Converse Consultants
Project No.
Figure No.
19-81-183-05Approximate Boring Locations Map
2c
For:
Project:
Location:
Pavement Rehabilitation Hwy 111 from city’s western limits to Jefferson Street
City of La Quinta
City of La Quinta, Riverside County, California
Number/Depth and Approximate Location of
Exploratory BoringBH-01/6.5
BH-05
BH-04
BH-09
Converse Consultants
Project No.
Figure No.
19-81-183-05Approximate Boring Locations Map
2d
For:
Project:
Location:
Pavement Rehabilitation Hwy 111 from city’s western limits to Jefferson Street
City of La Quinta
City of La Quinta, Riverside County, California
Number/Depth and Approximate Location of
Exploratory BoringBH-01/6.5
BH-08
BH-12
BH-06
BH-07
Pavement Rehabilitation Report
Hwy 111 from the City’s Western Limits to Jefferson Street
City of La Quinta, Riverside County, California
August 23, 2022
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Table No. 3, Summary of Subsurface Conditions
Boring
No.
Drilled
Depth (ft)
Asphalt
Concrete
Thickness (in.)
Aggregate Base
Thickness (in.)
Subgrade Soil Description
Beneath Asphalt Concrete &
Aggregate Base Section
BH-01 6.5 7.0 3.5 Silty Sand (SM), fine to medium
grained, yellow brown
BH-02 6.5 4.0 7.0 Silty Sand (SM), trace clay, fine to
medium grained, grey
BH-03 6.5 5.0 5.0 Silty Sand (SM), fine to medium
grained, light grey
BH-04 6.5 5.0 5.5 Silty Sand (SM) fine to coarse
grained, brown
BH-05 6.5 6.0 7.0 Silty Sand (SM), fine to coarse
grained, dark brown
BH-06 6.5 5.0 6.0 Silty Sand (SM) fine to coarse
grained, brown
BH-07 6.5 5.0 5.0 Silty Sand (SM) fine to coarse
grained, grey
BH-08 6.5 5.0 5.0 Silty Sand (SM) fine to coarse
grained, grey
BH-09 6.5 8.0 5.0 Silty Sand (SM) fine to medium
grained, brown
BH-10 6.5 7.0 7.0 Silty Sand (SM) fine to coarse
grained, grey
BH-11 6.5 6.0 6.0 Silty Sand (SM) fine to coarse
grained, grey
BH-12 6.5 5.0 7.0 Silty Sand (SM) fine to coarse
grained, brown
5.2 Subsurface Variations
Based on the results of our subsurface exploration, variations in the continuity and nature
of subsurface conditions should be anticipated. Due to the variations in the nature and
depositional characteristics of earth materials, care should be exercised in extrapolating
or interpolating subsurface soil conditions between or beyond the exploration location.
5.3 Excavatability
Based on our exploratory borings, the soil is expected to be excavatable with conventional
heavy-duty earthmoving equipment, such as excavators, bulldozers, front loaders, and
specialized equipment for full depth reclamation, or complete removal and replacement.
Excavation will likely be difficult near BH-12 and BH-07 due to drill rig chattering, and
almost reaching refusal at a depth of approximately 2.5 feet bgs.
Pavement Rehabilitation Report
Hwy 111 from the City’s Western Limits to Jefferson Street
City of La Quinta, Riverside County, California
August 23, 2022
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6.0 LABORATORY TESTING
Laboratory testing was performed to evaluate the physical and engineering properties of
the subsurface soils. The testing is summarized below, and the results are provided in
Appendix B, Laboratory Testing Program.
6.1 Physical Test Results
In-situ Moisture and Dry Density: In-situ dry density and moisture content of the
soils were determined in accordance with ASTM Standard D2216 and D2937. Dry
densities within the upper 5.0 feet of soils along Hwy 111 ranged from 89.3 to 112.8
pounds per cubic foot (pcf) with moisture contents ranging from 1.0 to 10.0 percent.
Results are presented in the log of borings in Appendix A, Field Exploration.
Expansion Index: One representative sample in boring BH-06 from within the
upper 5 feet of soils, was tested to evaluate the expansion potential in accordance
with ASTM Standard D4829. The results of the EI tests indicate a very low
expansion potential. The test results are summarized in Table No. B-1, Expansion
Index Test Results.
Maximum Dry Density and Optimum Moisture Content: Typical moisture-density
relationship test was performed on four representative soil samples in accordance
with ASTM Standard D1557. The results are presented in Drawing No. B-1,
Moisture-Density Relationship Results in Appendix B, Laboratory Testing
Program. The laboratory maximum dry densities tested were 114.5 pcf for the
sample at BH-01, 116.5 for the sample at BH-05, 109.1 for the sample at BH-09,
and 117.2 pcf for the sample at BH-12. Optimum moisture content was 11.4, 10.0,
14.1 and 12.4 percent, respectively.
R-value: Three representative bulk samples were tested in accordance with
California Department of Transportation test method 301. The results of the R-
value test are 62, 71, and 69. The results are summarized in Table No. B-3, R-
value Test Results in Appendix B, Laboratory Testing Program.
Percent Finer than Sieve No. 200: To aid in the classification of on-site soils, 3
representative soil samples were tested to determine the percent finer than sieve
No. 200 in accordance with ASTM standard D1140. The results of the percent
finer than sieve no. 200 are summarized in Table No. B-4, Percent Finer than Sieve
No. 200.
7.0 PAVEMENT RECOMMENDATIONS
Field measurements as shown in Table No. 3, Summary of Subsurface Conditions
indicate varying thicknesses of both asphalt concrete (AC) and aggregate base (AB)
ranging from 4.0 to 8.0 inches and 3.5 to 7.0, respectively. The following subsections
briefly summarizes existing pavement conditions, provides new asphalt concrete
structural sections, and recommendations for pavement rehabilitation.
Pavement Rehabilitation Report
Hwy 111 from the City’s Western Limits to Jefferson Street
City of La Quinta, Riverside County, California
August 23, 2022
Page 8
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These recommendations are based on the results of our field exploration, laboratory
testing, our experience with similar projects, and data evaluation as presented in the
preceding sections. The recommendations may need to be modified based on
observation of the actual field conditions during construction.
7.1 Full Section Removal and Replacement
This section contains our recommendations regarding full section removal and replacement
for the proposed pavement rehabilitation.
7.1.1 Subgrade Preparation
Areas receiving new asphalt concrete and base sections should be underlain by compacted
subgrade soils. Existing soils exposed below pavement replacement areas should be
scarified at least 18 inches, moisture conditioned as needed to near optimum moisture
content, and compacted to at least 95 percent of the laboratory maximum dry density (ASTM
D 1557) to produce a firm and unyielding surface.
Aggregate base materials should be moisture conditioned as needed to near optimum
moisture content and compacted to at least 95 percent of the laboratory maximum dry
density (ASTM D 1557) for support of new pavement sections. Aggregate base materials
shall conform to requirements for a Class II Aggregate Base (AB) and should be placed in
accordance with the requirements of the Standard Specifications for Public Works
Construction (SSPWC, Latest Edition).
Asphaltic materials should conform to section 203-1 “Paving Asphalt,” of the SSPWC and
should be placed in accordance with section 302-5, “Asphalt Concrete Pavement,” or
section 302-9, Asphalt Rubber Hot Mix (ARHM), respectively, of the SSPWC.
7.1.2 Structural Pavement Design
The results of our subsurface exploration indicate the existing asphalt concrete roadway
sections are generally 4.0 to 8.0 inches thick and underlain by various thicknesses of
base material (see Table No. 3, Summary of Subsurface Conditions). The subgrade soils
encountered below the roadway pavement section are primarily composed of Silty Sand.
The laboratory tested R-values ranging from 62-71 indicate a relatively high resistance to
deformation under traffic loads. It is understood that the design traffic index (TI) is 9.0, as
given by the City of La Quinta’s General and Standard Plan Number 195.
Based on this information, Converse performed a pavement analysis to evaluate section
thickness requirements for new pavement areas. Asphalt and base thickness results
were determined using the Caltrans Highway Design Manual, Chapter 630 with a safety
factor of 0.2 for asphalt concrete/aggregate base section and 0.1 for full depth asphalt
concrete section. The required new asphalt pavement sections are presented in Table
No. 4, Recommended and Minimum Flexible Pavement Structural Sections, per the
design Traffic Index and a conservative design R-value result of 60. Values are also
Pavement Rehabilitation Report
Hwy 111 from the City’s Western Limits to Jefferson Street
City of La Quinta, Riverside County, California
August 23, 2022
Page 9
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given in the table below to show minimum pavement structural sections from City of La
Quinta General and Standard Drawing No. 195.
Table No. 4, Recommended and Minimum Flexible Pavement Structural Sections
Design
R-
value
Design
TI
Asphalt Concrete (AC)
Over Aggregate Base (AB)
Structural Sections
Full AC
Calculated
Structural
Section
(inches)
Minimum
AC per City
Standard
Drawing
No. 195
Minimum
AB per City
Standard
Drawing
No. 195 Calculated
AC (inches)
Calculated
AB (inches)
60 9.0 7.0 11.5 13.0 5.5 6.5
7.2 Full Depth Reclamation (FDR) with Mechanical Stabilization
The FDR with mechanical stabilization consists of pulverizing the existing AC layer with
the underlying aggregate base material, compacting it to create at least a 10.0-inch layer
of FDR, and overlaying with a new HMA layer thickness according to Table No. 4,
Recommended and Minimum Flexible Pavement Structural Sections. The properties of
this layer are considered to be similar to an aggregate base material with a modulus of at
least 25 ksi, which corresponds to an R-value of at least 70. An R Value of 60 was used
conservatively for design.
The FDR layer is achieved by pulverizing the existing asphalt concrete with aggregate
base, and or by also adding virgin granular or Reclaimed Asphalt Pavement (RAP)
materials to the pulverized mixture to meet the required pulverized base material
specification set by The Standard Specifications for Public Works Construction (Green
Book) section 301-3.4.2.3. Please see Figure No. 3, Typical FDR Section with an
Elevation Restriction.
Figure No. 3, Typical FDR Section with an Elevation Restriction
Pavement Rehabilitation Report
Hwy 111 from the City’s Western Limits to Jefferson Street
City of La Quinta, Riverside County, California
August 23, 2022
Page 10
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7.2.1 Pulverized Material Preparation
Pulverized materials should be moisture conditioned as needed to near optimum moisture
content and compacted to at least 95 percent of the laboratory maximum dry density
(ASTM D1557) for support of new pavement sections. According to section 301-2.3 of
the Greenbook, the compaction shall always be commenced along the edge of the area
to be compacted and the roller shall gradually advance toward the center of the area to
be compacted. Rollers shall be operated along lines parallel or concentric with the
centerline of the road being constructed, and no material variation therefrom will be
permitted. Existing asphalt concrete and base can be pulverized onsite and used as base
material. The pulverized materials should conform to Section 200-2.8 of the Greenbook
(latest edition) and should be placed in accordance with Section 301-2 of the Greenbook
(latest edition). If the existing pulverized pavement does not conform to Greenbook
specifications, refer to the section for full section removal and replacement. As a result
of the FDR process, there may be an excess of base and AC to be disposed to meet the
minimum AC thickness requirements and to match existing grade.
Converse does not recommend FDR for pavement rehabilitation since using this method
will not allow the recommended asphalt thickness to be used and match the present grade
due to the existing inadequate structural sections.
7.3 Mill and Overlay of Existing Pavement
In the explored areas, the existing pavement structural sections are less than the
recommended pavement structural sections listed in Table No. 4, Recommended and
Minimum Flexible Pavement Structural Sections. Since the existing inadequate structural
sections are less than the required minimum structural sections, Converse does not
recommend Mill and Overlay as a rehabilitation option.
7.4 Pavement Placement Method Recommendations
Based on the subsurface investigation findings, and existing thin structural sections for
the traffic index, suggested asphalt concrete rehabilitation methods are outlined below.
Pavement Rehabilitation Report
Hwy 111 from the City’s Western Limits to Jefferson Street
City of La Quinta, Riverside County, California
August 23, 2022
Page 11
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Table No. 5, Suggested Asphalt Concrete Rehabilitation Method
Project
Location
Boring
No.
Existing Structural
Section
Measurement (in.)
Required
Structural
Section (in.)
Suggested Asphalt
Rehabilitation
Method
Along Hwy 111
from the City’s
western limits to
Jefferson Street
BH-01 10.5
18.5 (7.0+11.5)
Remove and
Replace
BH-02 11.0 Remove and
Replace
BH-03 10.0 Remove and
Replace
BH-04 10.5 Remove and
Replace
BH-05 13.0 Remove and
Replace
BH-06 11.0 Remove and
Replace
BH-07 10.0 Remove and
Replace
BH-08 10.0 Remove and
Replace
BH-09 13.0 Remove and
Replace
BH-10 14.0 Remove and
Replace
BH-11 12.0 Remove and
Replace
BH-12 12.0 Remove and
Replace
8.0 CONSTRUCTION CONSIDERATIONS
This report has been prepared to aid in the evaluation of the existing roadway pavement
and to provide a rehabilitation recommendation. It is recommended that this office be
provided an opportunity to review final design drawings and specifications to determine if
the recommendations of this report have been properly implemented.
During construction, the geotechnical engineer and/or their authorized representatives
should be present at the site to provide a source of advice to the client regarding the
geotechnical aspects of the project and to observe and test the earthwork performed.
Their presence should not be construed as an acceptance of responsibility for the
performance of the completed work, since it is the sole responsibility of the contractor
performing the work to ensure that it complies with all applicable plans, specifications,
ordinances, etc.
Pavement Rehabilitation Report
Hwy 111 from the City’s Western Limits to Jefferson Street
City of La Quinta, Riverside County, California
August 23, 2022
Page 12
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9.0 CLOSURE
This report is prepared for the project described herein and is intended for use solely by
the City of La Quinta and their authorized agents, to assist in the development of the
proposed project. Our findings and recommendations were obtained in accordance with
generally accepted professional principles practiced in geotechnical engineering. We
make no other warranty, either expressed or implied.
Converse Consultants is not responsible or liable for any claims or damages associated
with interpretation of available information provided to others. Site exploration identifies
actual soil conditions only at those points where samples are taken, when they are taken.
Data derived through sampling and laboratory testing is extrapolated by Converse
employees who render an opinion about the overall soil conditions. Actual conditions in
areas not sampled may differ. In the event that changes to the project occur, or additional,
relevant information about the project is brought to our attention, the recommendations
contained in this report may not be valid unless these changes and additional relevant
information are reviewed, and the recommendations of this report are modified or verified
in writing. In addition, the recommendations can only be finalized by observing actual
subsurface conditions revealed during construction. Converse cannot be held responsible
for misinterpretation or changes to our recommendations made by others during
construction.
As the project evolves, a continued consultation and construction monitoring by a
qualified geotechnical consultant should be considered an extension of geotechnical
investigation services performed to date. The geotechnical consultant should review
plans and specifications to verify that the recommendations presented herein have been
appropriately interpreted, and that the design assumptions used in this report are valid.
Where significant design changes occur, Converse may be required to augment or modify
the recommendations presented herein. Subsurface conditions may differ in some
locations from those encountered in the explorations, and may require additional analyses
and, possibly, modified recommendations.
Design recommendations given in this report are based on the assumption that the
recommendations contained in this report are implemented. Additional consultation may
be prudent to interpret Converse's findings for contractors, or to possibly refine these
recommendations based upon the review of the actual site conditions encountered during
construction. If the scope of the project changes, if project completion is to be delayed,
or if the report is to be used for another purpose, this office should be consulted.
Pavement Rehabilitation Report
Hwy 111 from the City’s Western Limits to Jefferson Street
City of La Quinta, Riverside County, California
August 23, 2022
Page 13
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10.0 REFERENCES
ASTM INTERNATIONAL, Annual Book of ASTM Standards, Current.
CALIFORNIA DEPARTMENT OF TRANSPORTATION (2020), “Highway Design
Manual”, Department of Transportation, State of California.
CALIFORNIA DEPARTMENT OF TRANSPORTATION PAVEMENT PROGRAM (2013),
“Subgrade Enhancement Geosynthetic Design and Construction Guide”,
Department of Transportation, State of California.
“GREENBOOK” STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION, 2018 Edition, Public Works Standards, Inc.
METROPOLITAN TRANSPORTATION COMMISSION (1986) “Pavement Condition
Index Distress Identification Manual for Asphalt and Surface Treatment
Pavements” February 1986.
Appendix A
Field Exploration
Pavement Rehabilitation Report
Hwy 111 from the City’s Western Limits to Jefferson Street
City of La Quinta, Riverside County, California
August 23, 2022
Page A-1
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APPENDIX A
FIELD EXPLORATION
Our field investigation included a site reconnaissance and a subsurface exploration
program consisting of drilling test borings. During the site reconnaissance, the surface
conditions were noted, and the locations of the test borings were established by rough
measurements relative to existing streets and boundary features and should be
considered accurate only to the degree implied by the method used.
Twelve exploratory borings (BH-01 through BH-12) were drilled between June 29 and
July 1, 2022 to investigate subsurface conditions along Hwy. 111 from the City’s western
limits to Jefferson Street. The borings were drilled to the maximum explored depth of 6.5
feet below existing ground surface (bgs).
The borings were advanced using a truck mounted drill rig equipped with 8-inch diameter
hollow-stem augers for soil sampling. Soil encountered in the borings were logged by a
Converse geologist and classified in the field by visual examination in accordance with
the Unified Soil Classification System (ASTM D2488). The field descriptions have been
modified where appropriate to reflect laboratory test results.
Relatively undisturbed samples were obtained using California Modified Samplers (2.4
inches inside diameter and 3.0 inches outside diameter) lined with thin sample rings. The
steel ring sampler was driven into the bottom of the borehole with successive drops of a
140-pound driving weight falling 30 inches. Blow counts at each sample interval are
presented on the boring logs. Samples were retained in brass rings (2.4 inches inside
diameter and 1.0 inch in height) and carefully sealed in waterproof plastic containers for
shipment to the Converse laboratory. Bulk samples of typical soil types were also
obtained.
Following the completion of logging and sampling, all borings were backfilled with soil
cuttings, compacted by pushing down with augers using the drill rig weight, and surface
patched with cold asphalt. If construction is delayed, the surface may settle over time. We
recommend the owner monitor the boring locations and backfill any depressions that might
occur or provide protection around the boring locations to prevent trip and fall injuries from
occurring near the area of any potential settlement.
It should be noted that the exact depths at which material changes occur cannot always be
established accurately. Unless a more precise depth can be established by other means,
change in material conditions that occur between drive samples are indicated in the logs at
the top of the next drive sample.
For a key to soil symbols and terminology used in the boring logs, refer to Drawing No.
A-1a and A-1b, Unified Soil Classification and Key to Boring Log Symbols. For logs of
borings, see Drawings No. A-2 through A-13, Logs of Borings.
1
A-1a
Drawing No.Project No.
(LITTLE OR NO FINES)
INORGANIC SILTS AND VERY
FINE SANDS, ROCK FLOUR,
SILTY OR CLAYEY FINE
SANDS OR CLAYEY SILTS
WITH SLIGHT PLASTICITY
LIQUID LIMIT LESS
THAN 50
SILTY GRAVELS, GRAVEL - SAND
- SILT MIXTURES
OH
SC
SILTS AND
CLAYS
MORE THAN 50% OF
COARSE FRACTION
PASSING ON NO. 4
SIEVE
MORE THAN 50% OF
MATERIAL IS
LARGER THAN NO.
200 SIEVE SIZE
SILTY SANDS, SAND - SILT
MIXTURES
POORLY-GRADED SANDS,
GRAVELLY SAND, LITTLE OR
NO FINES
(LITTLE OR NO FINES)
OL
WELL-GRADED GRAVELS,
GRAVEL - SAND MIXTURES,
LITTLE OR NO FINES
SANDS WITH
FINES
CL
HIGHLY ORGANIC SOILS PT
MORE THAN 50% OF
MATERIAL IS
SMALLER THAN NO.
200 SIEVE SIZE
SM
WELL-GRADED SANDS,
GRAVELLY SANDS, LITTLE
OR NO FINES
(APPRECIABLE AMOUNT
OF FINES)
SP
SW
COARSE
GRAINED
SOILS
POORLY-GRADED GRAVELS,
GRAVEL - SAND MIXTURES,
LITTLE OR NO FINES
CLAYEY GRAVELS, GRAVEL -
SAND - CLAY MIXTURES
SAMPLE TYPE
LETTER
INORGANIC CLAYS OF LOW TO
MEDIUM PLASTICITY,
GRAVELLY CLAYS, SANDY
CLAYS, SILTY CLAYS, LEAN
CLAYS
ORGANIC CLAYS OF MEDIUM TO
HIGH PLASTICITY, ORGANIC
SILTS
SAND
AND
SANDY
SOILS
INORGANIC SILTS, MICACEOUS
OR DIATOMACEOUS FINE
SAND OR SILTY SOILS
SOIL CLASSIFICATION CHART
MORE THAN 50% OF
COARSE FRACTION
RETAINED ON NO. 4
SIEVE
(APPRECIABLE AMOUNT
OF FINES)
GC
DESCRIPTIONS
BORING LOG SYMBOLS
NOTE: DUAL SYMBOLS ARE USED TO INDICATE BORDERLINE SOIL CLASSIFICATIONS
ORGANIC SILTS AND ORGANIC
SILTY CLAYS OF LOW
PLASTICITY
FINE
GRAINED
SOILS
SILTS AND
CLAYS
ML
TYPICAL
Split barrel sampler in accordance with
ASTM D-1586-84 Standard Test Method
No recovery
BULK SAMPLE
GROUNDWATER WHILE DRILLING
GROUNDWATER AFTER DRILLING
MH
GM
GW
SYMBOLS
PEAT, HUMUS, SWAMP SOILS
WITH HIGH ORGANIC
CONTENTS
LIQUID LIMIT
GREATER THAN 50
MAJOR DIVISIONS
STANDARD PENETRATION TEST
CH
GRAVELS
WITH
FINES
DRIVE SAMPLE 2.42" I.D. sampler (CMS).
DRIVE SAMPLE
CLEAN
SANDS
GRAVEL
AND
GRAVELLY
SOILS
CLEAN
GRAVELS
INORGANIC CLAYS OF HIGH
PLASTICITY
GP
CLAYEY SANDS, SAND - CLAY
MIXTURES
GRAPH
Converse Consultants
DRILLING METHOD SYMBOLS
C
CL
CP
CR
CU
DS
EI
M
OC
P
PA
PI
PL
PM
PP
R
SE
SG
SW
TV
UC
UU
UW
FIELD AND LABORATORY TESTS
Consolidation (ASTM D 2435)
Collapse Potential (ASTM D 4546)
Compaction Curve (ASTM D 1557)
Corrosion, Sulfates, Chlorides (CTM 643-99; 417; 422)
Consolidated Undrained Triaxial (ASTM D 4767)
Direct Shear (ASTM D 3080)
Expansion Index (ASTM D 4829)
Moisture Content (ASTM D 2216)
Organic Content (ASTM D 2974)
Permeablility (ASTM D 2434)
Particle Size Analysis (ASTM D 6913 [2002])
Liquid Limit, Plastic Limit, Plasticity Index
(ASTM D 4318)
Point Load Index (ASTM D 5731)
Pressure Meter
Pocket Penetrometer
R-Value (CTM 301)
Sand Equivalent (ASTM D 2419)
Specific Gravity (ASTM D 854)
Swell Potential (ASTM D 4546)
Pocket Torvane
Unconfined Compression - Soil (ASTM D 2166)
Unconfined Compression - Rock (ASTM D 7012)
Unconsolidated Undrained Triaxial (ASTM D 2850)
Unit Weight (ASTM D 2937)
Auger Drilling Mud Rotary Drilling Dynamic Cone
or Hand Driven Diamond Core
UNIFIED SOIL CLASSIFICATION AND KEY TO BORING LOG SYMBOLS
Project Name:
Project Location:
For: Project ID: ; Template: KEY
CONSISTENCY OF COHESIVE SOILS
Descriptor
Very Soft
Soft
Medium Stiff
Stiff
Very Stiff
Hard
APPARENT DENSITY OF COHESIONLESS SOILS
Descriptor Criteria
Descriptor SPT N - Value (blows / foot)
Very Loose
Loose
Medium Dense
Dense
Very Dense
<4
4- 10
11 - 30
31 - 50
>50
Nonplastic
Low
Medium
High
Descriptor Criteria
Crumbles or breaks with handling or
little finger pressure.
Crumbles or breaks with considerable
finger pressure.
Will not crumble or break with finger
pressure.
Weak
Moderate
Strong
Unconfined Compressive
Strength (tsf)Torvane (tsf)
Pocket
Penetrometer
(tsf)
<0.25
0.25 - 0.50
0.50 - 1.0
1.0 - 2.0
2.0 - 4.0
>4.0
Descriptor Criteria
Trace (fine)/
Few
Little
Some
Mostly
Particles are present but estimated
to be less than 5%
5 to 10%
15 to 25%
30 to 45%
50 to 100%
PERCENT OF PROPORTION OF SOILS
MOISTURE
Criteria
Absence of moisture, dusty, dry to the touch
Damp but no visible water
Visible free water, usually soil is below
water table
Size
Coarse
Medium
Fine
> 12 inches
3 to 12 inches
Passing No. 200 Sieve
No. 10 Sieve to No. 4 Sieve
No. 40 Sieve to No. 10 Sieve
No. 200 Sieve to No. No. 40 Sieve
<0.25
0.25 - 0.50
0.50 - 1.0
1.0 - 2.0
2.0 - 4.0
>4.0
60
PLASTICITY OF FINE-GRAINED SOILS
Descriptor
Dry
Moist
Wet
Boulder
Cobble
Gravel
Sand
Silt and Clay
Descriptor
Coarse
Fine
3/4 inch to 3 inches
No. 4 Sieve to 3/4 inch
CEMENTATION/ Induration
A 1/8-inch thread cannot be rolled at any water content.
The thread can barely be rolled, and the lump cannot be formed when drier than the plastic limit.
The thread is easy to roll, and not much time is required to reach the plastic limit; it cannot be rerolled after
reaching the plastic limit. The lump crumbles when drier than the plastic limit.
It takes considerable time rolling and kneading to reach the plastic limit. The thread can be rerolled several times
after reaching the plastic limit. The lump can be formed without crumbling when drier than the plastic limit.
Field Approximation
Easily penetrated several inches by fist
Easily penetrated several inches by thumb
Can be penetrated several inches by thumb
with moderate effort
Readily indented by thumb but penetrated
only with great effort
Readily indented by thumbnail
Indented by thumbnail with difficulty
<0.12
0.12 - 0.25
0.25 - 0.50
0.50 - 1.0
1.0 - 2.0
>2.0
SOIL PARTICLE SIZE
NOTE: This legend sheet provides descriptions and
associated criteria for required soil description components
only. Refer to Caltrans Soil and Rock Logging, Classification,
and Presentation Manual (2010), Section 2, for tables of
additional soil description components and discussion of soil
description and identification.
A-1b
Drawing No.Project No.
Project ID: ; Template: KEY
Converse Consultants
UNIFIED SOIL CLASSIFICATION AND KEY TO BORING LOG SYMBOLS
Project Name:
Project Location:
For:
SPT Blow
Counts
< 2
2 - 4
5 - 8
9 - 15
16 - 30
>30
CA
Sampler
<3
3 - 6
7 - 12
13 - 25
26 - 50
>50
CA Sampler
<5
5 - 12
13 - 35
36 - 60
>60
Scattered (coarse)
CP
End of boring at 6.5 feet bgs
No groundwater encountered
Borehole backfilled with soil cuttings, compacted by
pushing down with drill rig weight, and surface patched
with cold asphalt concrete on 6/29/2022.
5
3
7.0" Asphalt Concrete/3.5" Aggregate Base
SILTY SAND (SM): fine to medium-grained, slight to moderate
desication, medium dense, moist, yellow-brown.
99
102
6/6/10
5/8/10
DR
Y
U
N
I
T
W
T
.
(p
c
f
)
A-219-81-183-05
Gr
a
p
h
i
c
Lo
g
De
p
t
h
(
f
t
)
Depth to Water (ft):
140 lbs / 30 in
PAVEMENT REHABILITATION for
Highway (Hwy 111) from the City's Western Limits to Jefferson Street
City of La Quinta, Riverside County, California
For: City of La Quinta
Ground Surface Elevation (ft):
Equipment:
Log of Boring No. BH-01
SAMPLES
De
p
t
h
(
f
t
)
SUMMARY OF SUBSURFACE CONDITIONS
8" HOLLOW STEM AUGER
Gr
a
p
h
i
c
Lo
g
Hashmi Quazi
5
SUMMARY OF SUBSURFACE CONDITIONS
Dates Drilled:6/29/2022
BU
L
K
NOT ENCOUNTERED
Drawing No.
This log is part of the report prepared by Converse for this project and
should be read together with the report. This summary applies only at
the location of the boring and at the time of drilling. Subsurface
conditions may differ at other locations and may change at this
location with the passage of time. The data presented is a
simplification of actual conditions encountered.
Logged by:
Converse Consultants
5
Checked By:
Project No.Project Name
Converse Consultants
BL
O
W
S
/
6
"
DR
Y
U
N
I
T
W
T
.
(p
c
f
)
47
Stephen McPherson
DR
I
V
E
MO
I
S
T
U
R
E
(
%
)
Driving Weight and Drop:
LA
B
T
E
S
T
S
Project ID: 19-81-183-05 HWY 111.GPJ; Template: LOG
R
End of boring at 6.5 feet bgs
No groundwater encountered
Borehole backfilled with soil cuttings, compacted by
pushing down with drill rig weight, and surface patched
with cold asphalt concrete on 6/29/2022.
5
8
4.0" Asphalt Concrete/7.0" Aggregate Base
SILTY SAND (SM): fine to medium-grained, slight to moderate
desication, loose, moist, grey.
91.2
89.4
4/6/6
2/2/3
DR
Y
U
N
I
T
W
T
.
(p
c
f
)
A-319-81-183-05
Gr
a
p
h
i
c
Lo
g
De
p
t
h
(
f
t
)
Depth to Water (ft):
140 lbs / 30 in
PAVEMENT REHABILITATION for
Highway (Hwy 111) from the City's Western Limits to Jefferson Street
City of La Quinta, Riverside County, California
For: City of La Quinta
Ground Surface Elevation (ft):
Equipment:
Log of Boring No. BH-02
SAMPLES
De
p
t
h
(
f
t
)
SUMMARY OF SUBSURFACE CONDITIONS
8" HOLLOW STEM AUGER
Gr
a
p
h
i
c
Lo
g
Hashmi Quazi
5
SUMMARY OF SUBSURFACE CONDITIONS
Dates Drilled:6/29/2022
BU
L
K
NOT ENCOUNTERED
Drawing No.
This log is part of the report prepared by Converse for this project and
should be read together with the report. This summary applies only at
the location of the boring and at the time of drilling. Subsurface
conditions may differ at other locations and may change at this
location with the passage of time. The data presented is a
simplification of actual conditions encountered.
Logged by:
Converse Consultants
5
Checked By:
Project No.Project Name
Converse Consultants
BL
O
W
S
/
6
"
DR
Y
U
N
I
T
W
T
.
(p
c
f
)
52
Stephen McPherson
DR
I
V
E
MO
I
S
T
U
R
E
(
%
)
Driving Weight and Drop:
LA
B
T
E
S
T
S
Project ID: 19-81-183-05 HWY 111.GPJ; Template: LOG
WA
End of boring at 6.5 feet bgs
No groundwater encountered
Borehole backfilled with soil cuttings, compacted by
pushing down with drill rig weight, and surface patched
with cold asphalt concrete on 6/30/2022.
4
4
5.0" Asphalt Concrete/5.0" Aggregate Base
SILTY SAND (SM): fine to medium-grained, slight to moderate
desication, medium dense, moist, light grey.
99
103
7/10/12
6/8/11
DR
Y
U
N
I
T
W
T
.
(p
c
f
)
A-419-81-183-05
Gr
a
p
h
i
c
Lo
g
De
p
t
h
(
f
t
)
Depth to Water (ft):
140 lbs / 30 in
PAVEMENT REHABILITATION for
Highway (Hwy 111) from the City's Western Limits to Jefferson Street
City of La Quinta, Riverside County, California
For: City of La Quinta
Ground Surface Elevation (ft):
Equipment:
Log of Boring No. BH-03
SAMPLES
De
p
t
h
(
f
t
)
SUMMARY OF SUBSURFACE CONDITIONS
8" HOLLOW STEM AUGER
Gr
a
p
h
i
c
Lo
g
Hashmi Quazi
5
SUMMARY OF SUBSURFACE CONDITIONS
Dates Drilled:6/30/2022
BU
L
K
NOT ENCOUNTERED
Drawing No.
This log is part of the report prepared by Converse for this project and
should be read together with the report. This summary applies only at
the location of the boring and at the time of drilling. Subsurface
conditions may differ at other locations and may change at this
location with the passage of time. The data presented is a
simplification of actual conditions encountered.
Logged by:
Converse Consultants
5
Checked By:
Project No.Project Name
Converse Consultants
BL
O
W
S
/
6
"
DR
Y
U
N
I
T
W
T
.
(p
c
f
)
56
Stephen McPherson
DR
I
V
E
MO
I
S
T
U
R
E
(
%
)
Driving Weight and Drop:
LA
B
T
E
S
T
S
Project ID: 19-81-183-05 HWY 111.GPJ; Template: LOG
End of boring at 6.5 feet bgs
No groundwater encountered
Borehole backfilled with soil cuttings, compacted by
pushing down with drill rig weight, and surface patched
with cold asphalt concrete on 6/30/2022.
3
3
5.0" Asphalt Concrete/5.5" Aggregate Base
SILTY SAND (SM): fine to coarse-grained, gravel up to 1.5
inches in largest dimension, dense, moist, slight to medium
desication, brown.108
108
7/24/26
5/8/10
DR
Y
U
N
I
T
W
T
.
(p
c
f
)
A-519-81-183-05
Gr
a
p
h
i
c
Lo
g
De
p
t
h
(
f
t
)
Depth to Water (ft):
140 lbs / 30 in
PAVEMENT REHABILITATION for
Highway (Hwy 111) from the City's Western Limits to Jefferson Street
City of La Quinta, Riverside County, California
For: City of La Quinta
Ground Surface Elevation (ft):
Equipment:
Log of Boring No. BH-04
SAMPLES
De
p
t
h
(
f
t
)
SUMMARY OF SUBSURFACE CONDITIONS
8" HOLLOW STEM AUGER
Gr
a
p
h
i
c
Lo
g
Hashmi Quazi
5
SUMMARY OF SUBSURFACE CONDITIONS
Dates Drilled:6/30/2022
BU
L
K
NOT ENCOUNTERED
Drawing No.
This log is part of the report prepared by Converse for this project and
should be read together with the report. This summary applies only at
the location of the boring and at the time of drilling. Subsurface
conditions may differ at other locations and may change at this
location with the passage of time. The data presented is a
simplification of actual conditions encountered.
Logged by:
Converse Consultants
5
Checked By:
Project No.Project Name
Converse Consultants
BL
O
W
S
/
6
"
DR
Y
U
N
I
T
W
T
.
(p
c
f
)
64
Stephen McPherson
DR
I
V
E
MO
I
S
T
U
R
E
(
%
)
Driving Weight and Drop:
LA
B
T
E
S
T
S
Project ID: 19-81-183-05 HWY 111.GPJ; Template: LOG
CP
End of boring at 6.5 feet bgs
No groundwater encountered
Borehole backfilled with soil cuttings, compacted by
pushing down with drill rig weight, and surface patched
with cold asphalt concrete on 6/30/2022.
3
4
6.0" Asphalt Concrete/7.0" Aggregate Base
SILTY SAND (SM): fine to coarse-grained, gravel up to
3-inches in largest dimension, slight to moderate desication,
medium dense, moist, dark brown.108
100
7/15/17
5/7/10
DR
Y
U
N
I
T
W
T
.
(p
c
f
)
A-619-81-183-05
Gr
a
p
h
i
c
Lo
g
De
p
t
h
(
f
t
)
Depth to Water (ft):
140 lbs / 30 in
PAVEMENT REHABILITATION for
Highway (Hwy 111) from the City's Western Limits to Jefferson Street
City of La Quinta, Riverside County, California
For: City of La Quinta
Ground Surface Elevation (ft):
Equipment:
Log of Boring No. BH-05
SAMPLES
De
p
t
h
(
f
t
)
SUMMARY OF SUBSURFACE CONDITIONS
8" HOLLOW STEM AUGER
Gr
a
p
h
i
c
Lo
g
Hashmi Quazi
5
SUMMARY OF SUBSURFACE CONDITIONS
Dates Drilled:6/30/2022
BU
L
K
NOT ENCOUNTERED
Drawing No.
This log is part of the report prepared by Converse for this project and
should be read together with the report. This summary applies only at
the location of the boring and at the time of drilling. Subsurface
conditions may differ at other locations and may change at this
location with the passage of time. The data presented is a
simplification of actual conditions encountered.
Logged by:
Converse Consultants
5
Checked By:
Project No.Project Name
Converse Consultants
BL
O
W
S
/
6
"
DR
Y
U
N
I
T
W
T
.
(p
c
f
)
70
Stephen McPherson
DR
I
V
E
MO
I
S
T
U
R
E
(
%
)
Driving Weight and Drop:
LA
B
T
E
S
T
S
Project ID: 19-81-183-05 HWY 111.GPJ; Template: LOG
EI, R,
WA
End of boring at 6.5 feet bgs
No groundwater encountered
Borehole backfilled with soil cuttings, compacted by
pushing down with drill rig weight, and surface patched
with cold asphalt concrete on 6/30/2022.
4
10
5.0" Asphalt Concrete/6.0" Aggregate Base
SILTY SAND (SM): fine to coarse grained, moderately
desicated, loose, moist, brown.
104
96
3/3/3
2/4/6
DR
Y
U
N
I
T
W
T
.
(p
c
f
)
A-719-81-183-05
Gr
a
p
h
i
c
Lo
g
De
p
t
h
(
f
t
)
Depth to Water (ft):
140 lbs / 30 in
PAVEMENT REHABILITATION for
Highway (Hwy 111) from the City's Western Limits to Jefferson Street
City of La Quinta, Riverside County, California
For: City of La Quinta
Ground Surface Elevation (ft):
Equipment:
Log of Boring No. BH-06
SAMPLES
De
p
t
h
(
f
t
)
SUMMARY OF SUBSURFACE CONDITIONS
8" HOLLOW STEM AUGER
Gr
a
p
h
i
c
Lo
g
Hashmi Quazi
5
SUMMARY OF SUBSURFACE CONDITIONS
Dates Drilled:6/30/2022
BU
L
K
NOT ENCOUNTERED
Drawing No.
This log is part of the report prepared by Converse for this project and
should be read together with the report. This summary applies only at
the location of the boring and at the time of drilling. Subsurface
conditions may differ at other locations and may change at this
location with the passage of time. The data presented is a
simplification of actual conditions encountered.
Logged by:
Converse Consultants
5
Checked By:
Project No.Project Name
Converse Consultants
BL
O
W
S
/
6
"
DR
Y
U
N
I
T
W
T
.
(p
c
f
)
66
Stephen McPherson
DR
I
V
E
MO
I
S
T
U
R
E
(
%
)
Driving Weight and Drop:
LA
B
T
E
S
T
S
Project ID: 19-81-183-05 HWY 111.GPJ; Template: LOG
R
End of boring at 6.5 feet bgs
No groundwater encountered
Borehole backfilled with soil cuttings, compacted by
pushing down with drill rig weight, and surface patched
with cold asphalt concrete on 6/30/2022.
6
6
5.0" Asphalt Concrete/5.0" Aggregate Base
SILTY SAND (SM): fine to coarse grained, slight to moderate
desication, loose, moist, brown.
89
89
7/5/4
3/2/3
DR
Y
U
N
I
T
W
T
.
(p
c
f
)
A-819-81-183-05
Gr
a
p
h
i
c
Lo
g
De
p
t
h
(
f
t
)
Depth to Water (ft):
140 lbs / 30 in
PAVEMENT REHABILITATION for
Highway (Hwy 111) from the City's Western Limits to Jefferson Street
City of La Quinta, Riverside County, California
For: City of La Quinta
Ground Surface Elevation (ft):
Equipment:
Log of Boring No. BH-07
SAMPLES
De
p
t
h
(
f
t
)
SUMMARY OF SUBSURFACE CONDITIONS
8" HOLLOW STEM AUGER
Gr
a
p
h
i
c
Lo
g
Hashmi Quazi
5
SUMMARY OF SUBSURFACE CONDITIONS
Dates Drilled:6/30/2022
BU
L
K
NOT ENCOUNTERED
Drawing No.
This log is part of the report prepared by Converse for this project and
should be read together with the report. This summary applies only at
the location of the boring and at the time of drilling. Subsurface
conditions may differ at other locations and may change at this
location with the passage of time. The data presented is a
simplification of actual conditions encountered.
Logged by:
Converse Consultants
5
Checked By:
Project No.Project Name
Converse Consultants
BL
O
W
S
/
6
"
DR
Y
U
N
I
T
W
T
.
(p
c
f
)
75
Stephen McPherson
DR
I
V
E
MO
I
S
T
U
R
E
(
%
)
Driving Weight and Drop:
LA
B
T
E
S
T
S
Project ID: 19-81-183-05 HWY 111.GPJ; Template: LOG
End of boring at 6.5 feet bgs
No groundwater encountered
Borehole backfilled with soil cuttings, compacted by
pushing down with drill rig weight, and surface patched
with cold asphalt concrete on 6/30/2022.
6
8
5.0" Asphalt Concrete/5.0" Aggregate Base
SILTY SAND (SM): fine to coarse grained, moderate
desication, loose, moist, grey.
102
91
3/5/6
4/5/8
DR
Y
U
N
I
T
W
T
.
(p
c
f
)
A-919-81-183-05
Gr
a
p
h
i
c
Lo
g
De
p
t
h
(
f
t
)
Depth to Water (ft):
140 lbs / 30 in
PAVEMENT REHABILITATION for
Highway (Hwy 111) from the City's Western Limits to Jefferson Street
City of La Quinta, Riverside County, California
For: City of La Quinta
Ground Surface Elevation (ft):
Equipment:
Log of Boring No. BH-08
SAMPLES
De
p
t
h
(
f
t
)
SUMMARY OF SUBSURFACE CONDITIONS
8" HOLLOW STEM AUGER
Gr
a
p
h
i
c
Lo
g
Hashmi Quazi
5
SUMMARY OF SUBSURFACE CONDITIONS
Dates Drilled:6/30/2022
BU
L
K
NOT ENCOUNTERED
Drawing No.
This log is part of the report prepared by Converse for this project and
should be read together with the report. This summary applies only at
the location of the boring and at the time of drilling. Subsurface
conditions may differ at other locations and may change at this
location with the passage of time. The data presented is a
simplification of actual conditions encountered.
Logged by:
Converse Consultants
5
Checked By:
Project No.Project Name
Converse Consultants
BL
O
W
S
/
6
"
DR
Y
U
N
I
T
W
T
.
(p
c
f
)
65
Stephen McPherson
DR
I
V
E
MO
I
S
T
U
R
E
(
%
)
Driving Weight and Drop:
LA
B
T
E
S
T
S
Project ID: 19-81-183-05 HWY 111.GPJ; Template: LOG
CP, WA
End of boring at 6.5 feet bgs
No groundwater encountered
Borehole backfilled with soil cuttings, compacted by
pushing down with drill rig weight, and surface patched
with cold asphalt concrete on 7/1/2022.
6
5
8.0" Asphalt Concrete/5.0" Aggregate Base
SILTY SAND (SM): fine to medium-grained, slight to moderate
desication, medium dense, moist, brown.
94
93
7/7/9
4/5/6
DR
Y
U
N
I
T
W
T
.
(p
c
f
)
A-1019-81-183-05
Gr
a
p
h
i
c
Lo
g
De
p
t
h
(
f
t
)
Depth to Water (ft):
140 lbs / 30 in
PAVEMENT REHABILITATION for
Highway (Hwy 111) from the City's Western Limits to Jefferson Street
City of La Quinta, Riverside County, California
For: City of La Quinta
Ground Surface Elevation (ft):
Equipment:
Log of Boring No. BH-09
SAMPLES
De
p
t
h
(
f
t
)
SUMMARY OF SUBSURFACE CONDITIONS
8" HOLLOW STEM AUGER
Gr
a
p
h
i
c
Lo
g
Hashmi Quazi
5
SUMMARY OF SUBSURFACE CONDITIONS
Dates Drilled:7/1/2022
BU
L
K
NOT ENCOUNTERED
Drawing No.
This log is part of the report prepared by Converse for this project and
should be read together with the report. This summary applies only at
the location of the boring and at the time of drilling. Subsurface
conditions may differ at other locations and may change at this
location with the passage of time. The data presented is a
simplification of actual conditions encountered.
Logged by:
Converse Consultants
5
Checked By:
Project No.Project Name
Converse Consultants
BL
O
W
S
/
6
"
DR
Y
U
N
I
T
W
T
.
(p
c
f
)
71
Stephen McPherson
DR
I
V
E
MO
I
S
T
U
R
E
(
%
)
Driving Weight and Drop:
LA
B
T
E
S
T
S
Project ID: 19-81-183-05 HWY 111.GPJ; Template: LOG
End of boring at 6.5 feet bgs
No groundwater encountered
Borehole backfilled with soil cuttings, compacted by
pushing down with drill rig weight, and surface patched
with cold asphalt concrete on 7/1/2022.
3
4
7.0" Asphalt Concrete/7.0" Aggregate Base
SILTY SAND (SM): fine to coarse grained, gravel up to 1-innch
in largest dimension, dense, moist, rig chattering, grey.
113
100
33/26/28
10/17/13
DR
Y
U
N
I
T
W
T
.
(p
c
f
)
A-1119-81-183-05
Gr
a
p
h
i
c
Lo
g
De
p
t
h
(
f
t
)
Depth to Water (ft):
140 lbs / 30 in
PAVEMENT REHABILITATION for
Highway (Hwy 111) from the City's Western Limits to Jefferson Street
City of La Quinta, Riverside County, California
For: City of La Quinta
Ground Surface Elevation (ft):
Equipment:
Log of Boring No. BH-10
SAMPLES
De
p
t
h
(
f
t
)
SUMMARY OF SUBSURFACE CONDITIONS
8" HOLLOW STEM AUGER
Gr
a
p
h
i
c
Lo
g
Hashmi Quazi
5
SUMMARY OF SUBSURFACE CONDITIONS
Dates Drilled:7/1/2022
BU
L
K
NOT ENCOUNTERED
Drawing No.
This log is part of the report prepared by Converse for this project and
should be read together with the report. This summary applies only at
the location of the boring and at the time of drilling. Subsurface
conditions may differ at other locations and may change at this
location with the passage of time. The data presented is a
simplification of actual conditions encountered.
Logged by:
Converse Consultants
5
Checked By:
Project No.Project Name
Converse Consultants
BL
O
W
S
/
6
"
DR
Y
U
N
I
T
W
T
.
(p
c
f
)
63
Stephen McPherson
DR
I
V
E
MO
I
S
T
U
R
E
(
%
)
Driving Weight and Drop:
LA
B
T
E
S
T
S
Project ID: 19-81-183-05 HWY 111.GPJ; Template: LOG
End of boring at 6.5 feet bgs
No groundwater encountered
Borehole backfilled with soil cuttings, compacted by
pushing down with drill rig weight, and surface patched
with cold asphalt concrete on 7/1/2022.
4
1
6.0" Asphalt Concrete/6.0" Aggregate Base
SILTY SAND (SM): fine to coarse grained, slight to medium
desication, medium dense, moist, gravel up to 3-inches in
largest dimension, grey.108
110
10/14/18
6/9/12
DR
Y
U
N
I
T
W
T
.
(p
c
f
)
A-1219-81-183-05
Gr
a
p
h
i
c
Lo
g
De
p
t
h
(
f
t
)
Depth to Water (ft):
140 lbs / 30 in
PAVEMENT REHABILITATION for
Highway (Hwy 111) from the City's Western Limits to Jefferson Street
City of La Quinta, Riverside County, California
For: City of La Quinta
Ground Surface Elevation (ft):
Equipment:
Log of Boring No. BH-11
SAMPLES
De
p
t
h
(
f
t
)
SUMMARY OF SUBSURFACE CONDITIONS
8" HOLLOW STEM AUGER
Gr
a
p
h
i
c
Lo
g
Hashmi Quazi
5
SUMMARY OF SUBSURFACE CONDITIONS
Dates Drilled:7/1/2022
BU
L
K
NOT ENCOUNTERED
Drawing No.
This log is part of the report prepared by Converse for this project and
should be read together with the report. This summary applies only at
the location of the boring and at the time of drilling. Subsurface
conditions may differ at other locations and may change at this
location with the passage of time. The data presented is a
simplification of actual conditions encountered.
Logged by:
Converse Consultants
5
Checked By:
Project No.Project Name
Converse Consultants
BL
O
W
S
/
6
"
DR
Y
U
N
I
T
W
T
.
(p
c
f
)
54
Stephen McPherson
DR
I
V
E
MO
I
S
T
U
R
E
(
%
)
Driving Weight and Drop:
LA
B
T
E
S
T
S
Project ID: 19-81-183-05 HWY 111.GPJ; Template: LOG
CP
End of boring at 6.5 feet bgs
No groundwater encountered
Borehole backfilled with soil cuttings, compacted by
pushing down with drill rig weight, and surface patched
with cold asphalt concrete on 6/30/2022.
5.0" Asphalt Concrete/7.0" Aggregate Base
SILTY SAND (SM): fine to coarse grained, possible boulder,
lots of rig chatter, close to refusal, very dense, moist, brown.
50-3"
8/5/6
DR
Y
U
N
I
T
W
T
.
(p
c
f
)
A-1319-81-183-05
Gr
a
p
h
i
c
Lo
g
De
p
t
h
(
f
t
)
Depth to Water (ft):
140 lbs / 30 in
PAVEMENT REHABILITATION for
Highway (Hwy 111) from the City's Western Limits to Jefferson Street
City of La Quinta, Riverside County, California
For: City of La Quinta
Ground Surface Elevation (ft):
Equipment:
Log of Boring No. BH-12
SAMPLES
De
p
t
h
(
f
t
)
SUMMARY OF SUBSURFACE CONDITIONS
8" HOLLOW STEM AUGER
Gr
a
p
h
i
c
Lo
g
Hashmi Quazi
5
SUMMARY OF SUBSURFACE CONDITIONS
Dates Drilled:6/30/2022
BU
L
K
NOT ENCOUNTERED
Drawing No.
This log is part of the report prepared by Converse for this project and
should be read together with the report. This summary applies only at
the location of the boring and at the time of drilling. Subsurface
conditions may differ at other locations and may change at this
location with the passage of time. The data presented is a
simplification of actual conditions encountered.
Logged by:
Converse Consultants
5
Checked By:
Project No.Project Name
Converse Consultants
BL
O
W
S
/
6
"
DR
Y
U
N
I
T
W
T
.
(p
c
f
)
71
Stephen McPherson
DR
I
V
E
MO
I
S
T
U
R
E
(
%
)
Driving Weight and Drop:
LA
B
T
E
S
T
S
Project ID: 19-81-183-05 HWY 111.GPJ; Template: LOG
Appendix B
Laboratory Testing Program
Pavement Rehabilitation Report
Hwy 111 from the City’s Western Limits to Jefferson Street
City of La Quinta, Riverside County, California
August 23, 2022
Page B-1
Converse Consultants M:\JOBFILE\2010-2019\2019\81\19-81-183 City of La Quinta, On-Call Materials Testing Services\Report\05\19-81-183_GIR(05)roadwa
APPENDIX B
LABORATORY TESTING PROGRAM
Tests were conducted in our laboratory on representative soil samples for the purpose of
classification and evaluation of their relevant physical characteristics and engineering
properties. The amount and selection of tests were based on the geotechnical
requirements of the project. Test results are presented herein and on the Logs of Borings
in Appendix A, Field Exploration. The following is a summary of the various laboratory
tests conducted for this project.
Moisture Content and Dry Density
In-situ dry density and moisture content tests were performed on relatively undisturbed
ring samples in accordance with ASTM Standard D2216 and D2937 to aid in soils
classification and to provide qualitative information on strength and compressibility
characteristics of the site soils. For test results, see the Logs of Borings in Appendix A,
Field Exploration.
Expansion Index Test
One representative bulk soil sample was tested to evaluate the expansion potential. The
test was conducted in accordance with ASTM Standard D4829. The test result is
presented in the following table.
Table No. B-1, Expansion Index Test Result
Maximum Density and Optimum Moisture Content Tests
Laboratory maximum dry density-optimum moisture content relationship tests were
performed on four representative bulk samples in accordance with the ASTM Standard
D1557 test method. The test results are presented in Drawing No. B-1, Moisture-Density
Relationship Results, and are summarized in the following table.
Table No. B-2, Moisture-Density and Optimum Moisture Content Results
Boring
No.
Depth
(feet) Soil Description Optimum
Moisture (%)
Maximum
Density (lb/cu ft)
BH-01 1.0 – 6.5 Silty Sand (SM), fine to medium
grained, yellow brown 11.4 114.5
BH-05 1.0 – 6.5 Silty Sand (SM), fine to coarse
grained, dark brown 10.0 116.5
BH-09 1.0 – 6.5 Silty Sand (SM) fine to medium
grained, brown 14.1 109.1
BH-12 1.0 – 6.5 Silty Sand (SM) fine to coarse
grained, brown 12.4 117.2
Boring
No.
Depth
(feet) Soil Description Expansion
Index
Expansion
Potential
BH-06 1.0 – 6.5 Silty Sand (SM) fine to coarse
grained, brown 1 Very Low
Pavement Rehabilitation Report
Hwy 111 from the City’s Western Limits to Jefferson Street
City of La Quinta, Riverside County, California
August 23, 2022
Page B-2
Converse Consultants M:\JOBFILE\2010-2019\2019\81\19-81-183 City of La Quinta, On-Call Materials Testing Services\Report\05\19-81-183_GIR(05)roadwa
R-value Test
Three representative bulk soil samples were tested by AP Engineering and Testing, Inc.
for resistance value (R-value) in accordance with State of California Standard Method
CT-301. This test is designed to provide a relative measure of soil strength for use in
pavement design. The test results are presented in the following table.
Table No. B-3, R-value Test Results
Boring No. Depth (feet) Soil Classification Measured
R-value
BH-02 1.0 – 6.5 Silty Sand (SM), trace clay, fine to medium
grained, grey 62
BH-06 1.0 – 6.5 Silty Sand (SM) fine to coarse grained, brown 71
BH-07 1.0 – 6.5 Silty Sand (SM) fine to coarse grained, grey 69
Percent Finer Than Sieve No. 200
The percent finer than sieve No. 200 test was performed on three soil samples to aid in
the classification and to estimate other engineering parameters. Testing was performed
in general accordance with the ASTM Standard D1140 test method. The test results are
presented in the following table.
Table No. B-4, Percent Finer than Sieve No. 200 Results
Boring
No.
Depth
(feet) Soil Classification Percent Passing
Sieve No. 200
BH-03 1.0 – 6.5 Silty Sand (SM), fine to medium grained, light
grey 19.8
BH -06 1.0 – 6.5 Silty Sand (SM) fine to coarse grained, brown 45.6
BH-09 1.0 – 6.5 Silty Sand (SM) fine to medium grained, brown 14.2
Sample Storage
Soil samples currently stored in our laboratory will be discarded thirty days after the date
the final report is delivered, unless this office receives a specific request to retain the
samples for a longer period.
90
95
100
105
110
115
120
125
130
135
140
145
150
0 5 10 15 20 25 30
MAXIMUM DRY
DENSITY, pcfSYMBOL
11.4
14.1
12.4
1.0-6.5
1.0-6.5
1.0-6.5
1.0-6.5
114.5
116.5
109.1
117.2
DEPTH (ft)
DR
Y
D
E
N
S
I
T
Y
,
p
c
f
BORING NO.DESCRIPTION ASTM
TEST METHOD
D1557 Method B
D1557 Method B
D1557 Method B
D1557 Method B
OPTIMUM
WATER, %
BH-01
BH-05
BH-09
BH-12
Silty Sand (SM), yellow brown
Silty Sand (SM), brown
Silty Sand (SM), brown
Silty Sand (SM), brown
2.80
2.70
2.60
WATER CONTENT, %
MOISTURE-DENSITY RELATIONSHIP RESULTS
19-81-183-05
Project No. Drawing No.
B-1
Project Name
PAVEMENT REHABILITATION for
Highway (Hwy 111) from the City's Western Limits to Jefferson Street
City of La Quinta, Riverside County, California
For: City of La Quinta
Curves of 100% Saturation
for Specific Gravity Equal to:
Converse Consultants
Project ID: 19-81-183-05 HWY 111.GPJ; Template: COMPACTION
10.0
APPENDIX D
ENVIRONMENTAL COMMITMENTS RECORD (ECR)
Form revised May 2023 Page 1 of 1
Environmental Commitments Record (ECR)
DIST-CO-RTE: 08-RIV-La Quinta PM/PM: NA EA/Project ID.: HSIPL 5433(021)
Project Description: The City of La Quinta, in Riverside County, proposes to pulverize and replace the existing pavement on Highway 111 from approximately 1,500 feet west of Washington Street to Jefferson Street within the city limits.
Pulverized material may be used as base for the roadbed. New asphalt will be poured along the entire length of the project. Work will also include minor improvements at curb ramps to begin the process of bringing them into Americans Disabilities
Act (ADA) compliance. All work would be conducted within City right of way.
Date (Last modification): 10/29/2024
Environmental Planner: La Quinta Phone No.: La Quinta
Construction Liaison: La Quinta Phone No.: La Quinta
Resident Engineer: La Quinta Phone No.: La Quinta
PERMITS
Permit Agency Application
Submitted
Permit
Received
Permit
Expiration
Permit
Requirement
Completed by:
Permit
Requirement
Completed on:
Comments
NA - - - - - - -
ENVIRONMENTAL COMMITMENTS
PA&ED
Category Task and Brief Description Source
Included
in PS&E
package
Responsible
Branch/Staff Action to Comply Due Date
Task
Completed
by
Task
Completed
on
Remarks
Cultural Resources If buried cultural resources are encountered during Project
Activities, it is Caltrans policy that work stop within 60 feet of
the area until a qualified archaeologist can evaluate the nature
and significance of the find.
Standard on
Projects
Select a
response
RE/Contractor Contact Gary Jones,
DNAC: (909) 261-
8157 and Danny
Sosa Aguilar: (909)
925-7512
Enter date Enter Name Enter date Enter remarks
Cultural Resources In the event that human remains are found, the county coroner
shall be notified and ALL construction activities within 60 feet
of the discovery shall stop. Pursuant to Public Resources
Code Section 5097.98, if the remains are thought to be Native
American, the coroner will notify the Native American Heritage
Commission (NAHC) who will then notify the Most Likely
Descendent (MLD). The person who discovered the remains
will contact Gary Jones, DNAC: (909) 261-8157 and Danny
Sosa Aguilar: (909) 925-7512. Further provisions of PRC
5097.98 are to be followed as applicable.
Standard on
Projects
Select a
response
RE/Contractor Contact Gary Jones,
DNAC: (909) 261-
8157 and Danny
Sosa Aguilar: (909)
925-7512
Enter date Enter Name Enter date Enter remarks
APPENDIX E
17-F FORM - FINAL REPORT – UTILIZATION OF DISADVANTAGED
BUSINESS ENTERPRISES (DBE), FIRST – TIER SUBCONTRACTORS
17-O FORM – DISADVANTAGED BUSINESS ENTERPRISE (DBE)
CERTIFICATION STATUS CHANGE
(4 PAGES)
Local Assistance Procedures Manual Exhibit 17-F
Final Report-Utilization of Disadvantaged Business Enterprises (DBE) and First-Tier Subcontractors
Exhibit 17-F: Final Report-Utilization of Disadvantaged Business Enterprises (DBE) and First-Tier Subcontractors
1. Local Agency Contract Number 2. Federal-Aid Project Number 3. Local Agency 4. Contract Acceptance Date
5. Contractor/Consultant 6. Business Address 7. Final Contract Amount
8. Contract
Item
Number
9. Description of Work, Service, or
Materials Supplied
10. Company Name and
Business Address
11. DBE
Certification
Number
12. Contract Payments 13. Date
Work
Completed
14. Date of
Final
Payment Non-DBE DBE
15. ORIGINAL DBE COMMITMENT AMOUNT $ 16. TOTAL
List all first-tier subcontractors/subconsultants and DBEs regardless of tier whether or not the firms were originally listed for goal credit. If actual DBE utilization (or item of work) was different than that approved at the time of
award, provide comments on an additional page. List actual amount paid to each entity. If no subcontractors/subconsultants were used on the contract, indicate on the form.
I CERTIFY THAT THE ABOVE INFORMATION IS COMPLETE AND CORRECT
17. Contractor/Consultant Representative’s Signature 18. Contractor/Consultant Representative’s Name 19. Phone 20. Date
I CERTIFY THAT THE CONTRACTING RECORDS AND ON-SITE PERFORMANCE OF THE DBE(S) HAVE BEEN MONITORED
21. Local Agency Representative’s Signature 22. Local Agency Representative’s Name 23. Phone 24. Date
DISTRIBUTION: Original – Local Agency, Copy – Caltrans District Local Assistance Engineer. Include with Final Report of Expenditures
Page 1 of 2
January 2023
Local Assistance Procedures Manual Exhibit 17-F
Final Report-Utilization of Disadvantaged Business Enterprises (DBE)
and First-Tier Subcontractors
INSTRUCTIONS – FINAL REPORT-UTILIZATION OF DISADVANTAGED BUSINESS ENTERPRISES (DBE) AND
FIRST-TIER SUBCONTRACTORS
1. Local Agency Contract Number -Enter the Local Agency contract number or identifier.
2. Federal-Aid Project Number -Enter the Federal-Aid Project Number.
3. Local Agency -Enter the name of the local or regional agency that is funding the contract.
4. Contract Acceptance Date -Enter the date the contract was accepted by the Local Agency.
5. Contractor/Consultant -Enter the contractor/consultant’s firm name.
6. Business Address -Enter the contractor/consultant’s business address.
7. Final Contract Amount -Enter the total final amount for the contract.
8. Contract Item Number -Enter contract item for work, services, or materials supplied provided. Not
applicable for consultant contracts.
9. Description of Work, Services, or Materials Supplied -Enter description of work, services, or materials
provided. Indicate all work to be performed by DBEs including work performed by the prime
contractor/consultant’s own forces, if the prime is a DBE. If 100% of the item is not to be performed or
furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM
Chapter 9 to determine how to count the participation of DBE firms.
10. Company Name and Business Address -Enter the name, address, and phone number of all
subcontracted contractors/consultants. Also, enter the prime contractor/consultant’s name and phone
number, if the prime is a DBE.
11. DBE Certification Number -Enter the DBE’s Certification Identification Number. Leave blank if
subcontractor is not a DBE.
12. Contract Payments -Enter the subcontracted dollar amount of the work performed or service provided.
Include the prime contractor/consultant if the prime is a DBE. If the materials or supplies are obtained from a
DBE manufacturer, count 100% of the cost of the materials or supplies toward DBE goals. If the materials or
supplies are purchased from a DBE regular dealer/supplier, count 60% of the cost of the materials or
supplies toward DBE goals. The Non-DBE column is used to enter the dollar value of work performed by
firms that are not certified DBE or for work after a DBE becomes decertified.
13. Date Work Completed -Enter the date the subcontractor/subconsultant’s item work was completed.
14. Date of Final Payment -Enter the date when the prime contractor/consultant made the final payment to
the subcontractor/subconsultant for the portion of work listed as being completed.
15. Original DBE Commitment Amount -Enter the “Total Claimed DBE Participation Dollars” from Exhibits
15-G or 10-O2 for the contract.
16. Total -Enter the sum of the “Contract Payments” Non-DBE and DBE columns.
17. Contractor/Consultant Representative’s Signature -The person completing the form on behalf of the
contractor/consultant’s firm must sign their name.
18. Contractor/Consultant Representative’s Name -Enter the name of the person preparing and signing
the form.
19. Phone -Enter the area code and telephone number of the person signing the form.
20. Date -Enter the date the form is signed by the contractor’s preparer.
21. Local Agency Representative’s Signature -A Local Agency Representative must sign their name to
certify that the contracting records and on-site performance of the DBE(s) has been monitored.
22. Local Agency Representative’s Name -Enter the name of the Local Agency Representative signing
the form.
23. Phone -Enter the area code and telephone number of the person signing the form.
24. Date -Enter the date the form is signed by the Local Agency Representative.
Page 2 of 2
January 2023
I I I
I I
I I I
I I I
Local Assistance Procedures Manual Exhibit 17-O
Disadvantaged Business Enterprises (DBE) Certification Status Change
EXHIBIT 17-O DISADVANTAGED BUSINESS ENTERPRISES (DBE) CERTIFICATION STATUS CHANGE
1. Local Agency Contract Number 2. Federal-Aid Project Number 3. Local Agency 4. Contract Completion Date
5. Contractor/Consultant 6. Business Address 7. Final Contract Amount
8. Contract
Item
Number
9. DBE Contact Information
10. DBE
Certification
Number
11. Amount Paid
While Certified
12. Certification/
Decertification
Date
(Letter Attached)
13. Comments
If there were no changes in the DBE certification of subcontractors/subconsultants, indicate on the form.
I CERTIFY THAT THE ABOVE INFORMATION IS COMPLETE AND CORRECT
14. Contractor/Consultant Representative’s Signature 15. Contractor/Consultant Representative’s Name 16. Phone 17. Date
I CERTIFY THAT THE CONTRACTING RECORDS AND ON-SITE PERFORMANCE OF THE DBE(S) HAS BEEN MONITORED
18. Local Agency Representative’s Signature 19. Local Agency Representative’s Name 20. Phone 21. Date
DISTRIBUTION: Original – Local Agency, Copy – Caltrans District Local Assistance Engineer. Include with Final Report of Expenditures
ADA NOTICE: For individuals with sensory disabilities, this document is available in alternate formats. For information, call (916) 445-1233, Local Assistance Procedures Manual TTY 711, or write to Records and Forms
Management, 1120 N Street, MS-89, Sacramento, CA 95814.
Page 1 of 2
July 23, 2015
Local Assistance Procedures Manual Exhibit 17-O
Disadvantaged Business Enterprises (DBE) Certification Status Change
INSTRUCTIONS –DISADVANTAGED BUSINESS ENTERPRISES (DBE)
CERTIFICATION STATUS CHANGE
1. Local Agency Contract Number - Enter the Local Agency contract number or identifier.
2. Federal-Aid Project Number - Enter the Federal-Aid Project Number.
3. Local Agency - Enter the name of the local or regional agency that is funding the contract.
4. Contract Completion Date - Enter the date the contract was completed.
5. Contractor/Consultant -Enter the contractor/consultant’s firm name.
6. Business Address -Enter the contractor/consultant’s business address.
7. Final Contract Amount - Enter the total final amount for the contract.
8. Contract Item Number - Enter contract item for work, services, or materials supplied provided. Not
applicable for consultant contracts.
9. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted
contractors/consultants.
10. DBE Certification Number - Enter the DBE’s Certification Identification Number.
11. Amount Paid While Certified - Enter the actual dollar value of the work performed by those
subcontractors/subconsultants during the time period they are certified as a DBE.
12. Certification/Decertification Date (Letter Attached) - Enter either the date of the Decertification Letter
sent out by the Office of Business and Economic Opportunity (OBEO) or the date of the Certification
Certificate mailed out by OBEO.
13. Comments - If needed, provide any additional information in this section regarding any of the above
certification status changes.
14. Contractor/Consultant Representative’s Signature - The person completing the form on behalf of the
contractor/consultant’s firm must sign their name.
15. Contractor/Consultant Representative’s Name - Enter the name of the person preparing and signing the
form.
16. Phone - Enter the area code and telephone number of the person signing the form.
17. Date - Enter the date the form is signed by the contractor’s preparer.
18. Local Agency Representative’s Signature - A Local Agency Representative must sign their name to
certify
that the contracting records and on-site performance of the DBE(s) has been monitored.
19. Local Agency Representative’s Name - Enter the name of the Local Agency Representative signing the
form.
20. Phone - Enter the area code and telephone number of the person signing the form.
21. Date - Enter the date the form is signed by the Local Agency Representative.
Page 2 of 2
July 23, 2015
APPENDIX F
QUALITY ASSURANCE PROGRAM (QAP)
CALIFORNIA STATE TRANSPORTATION AGENCY Gavin Newsom, Governor
DEPARTMENT OF TRANSPORTATION
DIVISION OF ENGINEERING SERVICES
MATERIALS ENGINEERING TESTING SERVICES AND GEOTECHNICAL SERVICES
OFFICE OF MATERIALS MANAGEMENT AND INDEPENDENT ASSURANCE
TRANSPORTATION LABORATORY-MS 5 Making Conservation
5900 FOLSOM BLVD.A California Way of Life!
SACRAMENTO, CA 95819-4612
Status:
DATE:02/11/2021
Name of Agency:City of La Quinta
Address:78-495 Calle Tampico, La Quinta, CA 92253
Telephone Number:(760) 777-7045 Fax:(760) 777-7155
Name and Title of Bryan McKinney, RCE# 49418, Exp. 09/30/2022
person In Charge:Public Works Direetor/City Engineer, City of La Quinta
The document will be reviewed for compliance to California Department of Transportation, Quality Assurance (QAP) Manual
for Use by Local Agencies (Jan. 20, 2011 revision) and Federal Highway Administration, 23 CFR 637.
A. Document Reviewed
ITEM NO.
1
2
3
B. Conditions of acceptance
ITEM NO.
1
2
2.1
2.2 Material testing and sampling frequency table: see Appendix B (also attached to this QAP)
2.3 Test Method (when use): CTM - only Caltrans certified laboratory & tester will perform Acceptance Testing (AT), a secondary
Independent Assurance Program (IAP) is not required.
2.4 Test Method (when use): AASHTO/ASTM - qualified laboratory & tester to perform Acceptance Testing (AT) and a separate
laboratory and tester with similar or higher qualification to perform Independent Assurance
Program (IAP) must be hired through local agency and conform to Section 5 of QAP Manual,
Rev. Jan 20, 2011
2.5 Project on NHS/SHS will conform to testing program per item B.2.3 and AASHTO where CTM is not available.
2.6 Agency will use certified private materials laboratory. Check https://sia.dot.ca.gov/ for most update certifications.
3
4
by Oversight Engineer and/or FHWA.
C. Reviewed by
Caltrans, METS/OMM&IA SOUTH - (916) 708-7152
CERTIFIED Independent Assurance Engineer DATE.
CONDITIONS OF COMPLIANCE accepted as part of this QAP:
This QAP is applicable to all projects on NHS, SHS, and non-NHS
02/11/2021
Provide a signed hard copy to District 8 area engineer and/or DLAE for archive.
Rabiul Hyder. - rabiul.hyder@dot.ca.gov
This document(letter) shall be a part of QAP, to be attached to project construction document to be reviewed
Compliance
Document was reviewed and found to be in COMPLIANCE to our requirements
DESCRIPTION
DESCRIPTION
City of La Quinta Quality Assurance Program (QAP) dated : 08/27/2020
Local Assistance area engineer - Sean Yeung, Email: sean.yeung@dot.ca.gov, Phone: (909) 383.4030
Quality Assurance Program REVIEW/ACCEPTANCE LETTER
Caltrans Local Assistance District: District 8
This program is supplemental to the Caltrans Quality
Assurance Program (QAP) as well as Chapter 16 of the Local Assistance Procedures Manual (LAPM) which need
to be followed. During the duration of this program the forms attached to this program might be superseded by
more recent versions from the LAPM.
.
when performing CT Methods, or a separate
o
o
Section 16.3
The RE must obtain test data and results from the lab in a timely manner and keep records of all samples
and test in the project files.
The RE must keep a test results
summary log for each test method performed more than once. Use Exhibit 16-Z2 “Acceptance Testing
Results Summary Log”or a similar form. See Attachment #7 for a copy (a similar version can be found
as Attachment “H” to the Caltrans Sample Quality Assurance Program [QAP] Manual).
Local Assistance Procedures Manual Exhibit 16-R
Sampling and Testing Frequency
Exhibit 16-R Sampling and Testing Frequency Table
for projects OFF the SHS
Sample for Local Agency QAPs
Sampling and Testing Frequency Table
for projects OFF the SHS.
HOT MIX ASPHALT (HMA) / ASPHALT CONCRETE (AC)
Quality Characteristic Test Method Minimum Sampling and Testing Frequency Location/Time of Sampling
Aggregate Gradation (Sieve) CT 202 1 Per 1000 Tons or Part Thereof ; Minimum 1 per day during At Plant Per CT 125 (a) Sand Equivalent CT 217
Asphalt Binder Content CT 382 production/placement of at least 300 tons per day. Loose Mix Behind Paver Per CT 125
In-Place Density and Relative Nuclear (b) 1 Per 1000 Tons or Part Thereof ; Minimum 1 per day during
production/placement of at least 300 tons per day. (b) Random Locations Per CT 375 (c Compaction (Nuclear ) CT 375 or ASTM D2950 (
Theoretical Maximum Specific Gravity
and Density (Rice) CT 309
1 Per Day During Production/Placement of At Least 300 Tons Per Day Loose Mix Behind Paver Per CT 125 HMA Moisture Content CT 226 or CT 370
Stabilometer Value (d) CT 366
Asphalt Binder Sample per Section 92 Sample 1 min. per day for production over 300 tons per day; See
(f) regarding testing. At Plant Per CT 125
Smoothness 12-foot Straightedge As necessary to confirm contract compliance. Final Pavement Surface
(a) Exact tonnage of sample location to be determined by Random Sampling Plans
(b) Compaction determined by Neclear Density Device. Core testing required if compaction fails the neclear test
(c) Correlation between core densities and nuclear device required only if compaction fails the nuclear test
(d) Report the average of 3 tested briquettes from a single split source
(e) Use CT 309 to determine maximum theoretical density in lieu of CT 367 calculated maximum theoretical density
(f) No testing required unless warranted by concern ; sample and store until completion of project
January 2018
Page 1 of 3
Local Assistance Procedures Manual Exhibit 16-R
Sampling and Testing Frequency
SUBGRADE (DISTURBED BASEMENT SOIL) OR EMBANKMENT
Quality Characteristic Test Method Minimum Sampling and Testing Frequency Location/Time of Sampling
Maximum Density and Relative
Compaction CT 216/CT 231 1 Min. Test per 5000 sq ft under vehicle traveled way and shoulder
1 Min. Test Per 300 linear foot under sidewalk
Random locations as determined by
the Engineer in place after
compaction.
AGGREGATE BASES AND SUBBASES, IMPORTED BORROW
Quality Characteristic Test Method Minimum Sampling and Testing Frequency Location/Time of Sampling
Sample from site stockpile/plant prior
to placement.
Sieve Analysis CT 202
1 Min. Test Per Material Source R-Value CT 301
Sand Equivalent CT 217
Maximum Density and Relative
Compaction CT 216/CT 231 1 Min. Test per 5000 sq ft
Random locations as determined by
the Engineer in place after
compaction.
STRUCTURE BACKFILL, SELECT BACKFILL
Quality Characteristic Test Method Minimum Sampling and Testing Frequency Location/Time of Sampling
Sieve Analysis CT 202
1 Min. Test Per Material Source Sample from site stockpile/plant prior
to placement R-Value CT 301
Sand Equivalent CT 217
Maximum Density and Relative
Compaction CT 216/CT 231 1 Min. Test Per 2 Vertical Lifts of Placement
Random locations as determined by
the Engineer in place after
compaction.
January 2018
Page 2 of 3
Local Assistance Procedures Manual Exhibit 16-R
Sampling and Testing Frequency
Quality Characteristic Minimum Sampling and Testing Frequency
Quality Characteristic Minimum Sampling and Testing Frequency
Test Method Location/Time of Sampling
Test Method Location/Time of Sampling
Quality Characteristic Minimum Sampling and Testing Frequency
PORTLAND CEMENT CONCRETE (PCC) - STRUCTURAL AND SIGNAL/LIGHTING FOUNDATIONS
COARSE AGGREGATE
Sieve Analysis CT 202 Sample from site stockpile/plant prior 1 min. test per 500 cu yds and per each material source ; 1 min. test on
to placement smaller projects; If bridge, 1 min. set per separate pour per Cleanness Value CT 227 abutment/pier/deck.
FINE AGGREGATE
Sieve Analysis CT 202 Sample from site stockpile/plant prior 1 min. test per 500 cu yds and per each material source ; 1 min. test on
to placement smaller projects; If bridge, 1 min. set per separate pour per Sand Equivalent CT 217 abutment/pier/deck.
WET MIX
Test Method Location/Time of Sampling
Slump/Penetration CT 533 2 per day
Sample from truck/work site 1 min. set of 3 per day; If bridge, 1 min. set per separate pour of Cylinders CT 539/540 abutment/pier/deck.
January 2018
Page 3 of 3
________________________________________
Local Assistance Procedures Manual Exhibit 16-T1
Materials Requiring a Certificate of Compliance per Caltrans Standard Specifications
Exhibit 16-T1 Materials Requiring a Certificate of Compliance per Caltrans Standard Specifications
Table 6-2.3 Materials Accepted by Certificate of Compliance (1 of 7)
Material/Product Remarks (Including Requirements for Additional Back-Up Information
Required with Certificate of Compliance)
Asphalt
Asphaltic emulsion
Certificate of compliance must include the following:
1. Shipment number and shipment date.
2. Source refinery, consignee, and destination.
3. Type and description of material with specific gravity and quantity.
4. Contract or purchase order number.
5. Signature by the manufacturer of the material and a statement that the
material complies with the contract.
Asbestos cement pipe
Asbestos sheet packing
Asphalt modifier Test results required with each truck load.
Asphalt rubber joint sealant A certified test report of the results for the required tests performed within 12
months before the proposed use.
Backer rods Must include manufacturer’s statement of compatibility with the joint sealant to be
used.
Barbed Wire
Blast cleaning material
Bonding Material
Brick
Cable-type restrainers
Lock nuts
Certificate of compliance must be submitted with a copy of each required test
report.
Cast iron pipe
Cast iron manhole rings and covers
Chemical adhesive for bonding tie
bars and dowel bars in concrete
pavement
Chemical adhesive for structures Certificate of compliance must state compliance with ICBO AC 58 and
Caltrans. Augmentation/Revisions to ICBO AC 58.
Concrete
Admixture
Certificate of compliance from the manufacturer must certify that the
admixture furnished is the same as that previously authorized or the
authorized materials list.
Concrete Cementitious
material
Certificate of compliance must include the source name and location.
If the cementitious material is delivered directly to the job site, the certificate of
compliance must be signed by the cementitious material supplier.
If the cementitious material is used in ready-mixed concrete, the certificate of
compliance must be signed by the concrete manufacturer.
If blended cement is used, the certificate of compliance must include a
statement signed by the blended cement supplier that shows the actual
percentage of SCM, by weight, in the blend.
Concrete
Curing compound
Certificate of compliance must include:
1. Test results for the tests specified in Section 90-1.01D(6) [90-7.01B] of the
Standard Specifications.
2. Certification that the material was tested within 12 months before use.
Concrete Minor
concrete
Before placing minor concrete from a source not previously used on the
contract, a certificate of compliance stating that the minor concrete to be
furnished complies with the contract requirements, including the specified
minimum cementitious material content.
Ceramic tile
Chain link fencing and railing Certificate required for protective coating system.
Concrete anchorage devices
Page 1 of 7
January 2020
Local Assistance Procedures Manual Exhibit 16-T1
Materials Requiring a Certificate of Compliance per Caltrans Standard Specifications
Table 6-2.3 Materials Accepted by Certificate of Compliance (2 of 7)
Material/Product Remarks (Including Requirements for Additional Back-Up
Information Required with Certificate of Compliance)
Concrete pipe
Circular reinforced direct design
method
Certificate of compliance must:
1. Be signed by the manufacturer's quality control representative.
2. State that all materials and workmanship comply with the
specifications and authorized shop drawings.
Copper pipe
Corrugated metal pipe
Crack sealant
Certificate of compliance must include:
1. Manufacturer's name
2. Production location
3. Product brand or trade name
4. Product designation
5. Batch or lot number
6. Crack treatment material type
7. Contractor or subcontractor name
8. Contract number
9. Lot size
10. Shipment date
11. Manufacturer's signature
Crash cushions
Crumb rubber modifier Test results required with each truck load.
Culvert markers
Delineators
Certificate of compliance required for:
1. Metal target plates
2. Enamel coating
3. Retroreflective sheeting
Dowel bar baskets
Drop inlet grates and frames
Drain tile
Drip irrigation line
Elastomeric Bearing Pads
Plain
Certified test results for the elastomer.
Elastomeric Bearing Pads
Steel-reinforced
Certified test results.
Electrical
Battery back-up system
Certificates of compliance is required for:
External cabinet
Batteries
Electrical
Conductor
Electrical
Conduit (galvanized and plastic)
Electrical
Equipment
Electrical
Pull boxes (concrete and plastic)
Electrical Service
cabinets
Page 2 of 7
January 2020
Local Assistance Procedures Manual Exhibit 16-T1
Materials Requiring a Certificate of Compliance per Caltrans Standard Specifications
Table 6-2.3 Materials Accepted by Certificate of Compliance (3 of 7)
Material/Product Remarks (Including Requirements for Additional Back-Up
Information Required with Certificate of Compliance)
Erosion control
Certificate of compliance is required for:
Straw
Fiber
RECP
Fasteners
Certificate of compliance with attachments are required for:
Tackifier
Bonded fiber matrix
Polymer-stabilized fiber matrix
Certificates of compliance attachments include:
1. Material Safety Data Sheet.
2. Product label.
3. List of applicable nonvisible pollutant indicators for soil amendment
and stabilization products as shown in the table titled "Pollutant
Testing Guidance Table" in the Caltrans Construction Site Monitoring
Program Guidance Manual.
4. Report of acute and chronic toxicity tests on aquatic organisms
conforming to EPA methods.
5. List of ingredients, including chemical formulation.
6. Properties of polyacrylamide in tackifier including (1) percent purity by
weight, (2) percent active content, (3) average molecular weight, and
(4) charge density.
Epoxy
Epoxy powder coating for dowel bars
and tie bars
Expansion joint filler
Fiberglass pipe Certificate of compliance must be submitted with laboratory test results.
Gabions
If PVC coating is shown, a suitable UV resistance additive must be blended
with the PVC and the additive must be shown on the certificate of
compliance.
Geocomposite drain
Certificate of compliance must certify that the drain produces the specified
flow rate. The certificate must be accompanied by a flow capability graph for
the geocomposite drain showing flow rates and the externally applied
pressures and hydraulic gradients. Verification must be by an authorized
laboratory for the flow capability graph.
Geosynthetics Test sample representing each lot and minimum average roll value.
Glass beads
Glue laminated timbers and decking
Guide markers
Irrigation hose
Irrigation pipe
Certificate of compliance required for:
Polyethylene pipe.
Plastic pipe supply line for pipe with wall thickness of the bell less than
the specified minimum wall thickness of the pipe.
Joint filler material
Joint seals (Type A and AL) Certified test report for each batch of sealant.
Page 3 of 7
January 2020
Local Assistance Procedures Manual Exhibit 16-T1
Materials Requiring a Certificate of Compliance per Caltrans Standard Specifications
Table 6-2.3 Materials Accepted by Certificate of Compliance (4 of 7)
Material/Product Remarks (Including Requirements for Additional Back-Up
Information Required with Certificate of Compliance)
Joint seal (Type B) Certificate of compliance required for:
Elastomeric joint seal
Lubricant-adhesive
Certificate of compliance must be submitted with certified test report for each
lot of elastomeric joint seal and lubricant-adhesive. Test reports must include
the seal movement rating, the manufacturer's minimum uncompressed width,
and test results.
Joint seal assemblies with a movement
rating of 4 inches or less
For alternative joint seal assemblies, a certificate of compliance must be
submitted for each shipment of joint seal materials. The certificate must state
that the materials and fabrication involved comply with the specifications and the
data submitted in obtaining the authorization for the alternative joint seal
assembly.
Joint seal assemblies with a
movement rating over 4 inches
Lime Certificate of compliance must include a statement certifying the lime
furnished is the same as on the authorized material source list.
Machine spiral wound PVC
pipeliners
Certificate of compliance for each reel of PVC strip must include:
1. Name of manufacturer
2. Plant location
3. Date of manufacture and shift
4. Cell classification
5. Unit mass
6. Average pipeliner stiffness and profile type
Markers
Certificate of compliance required for:
1. Metal target plates
2. Enamel coating
3. Retroreflective sheeting
Masonry block
Certificate of compliance required for:
1. Concrete masonry units
2. Aggregate for grout
3. Grout
Micro surfacing emulsion
Mulch
Open steel flooring and grating
Overside drains Certificate of compliance based on steel materials, aluminum materials or
plastic materials.
Parking area seal material
Pavement markers
Pavement marking Paint
or thermoplastic
Plastic lumber Laboratory test report.
Plastic traffic drums
Plastic pipe for drainage
Certificate of compliance must include average pipe stiffness, resin
material cell classification, and date of manufacture.
For corrugated polyethylene pipe, manufacturer’s copy of plant audits
and test results from the National Transportation Products Evaluation Program
for the current cycle of testing for each pipe diameter furnished.
Portable changeable message sign
Precast concrete Cementitious
material used in precast concrete
products
Certificate of compliance must be signed by the precast concrete product
manufacturer.
Page 4 of 7
January 2020
Local Assistance Procedures Manual Exhibit 16-T1
Materials Requiring a Certificate of Compliance per Caltrans Standard Specifications
Table 6-2.3 Materials Accepted by Certificate of Compliance (5 of 7)
Material/Product Remarks (Including Requirements for Additional Back-Up
Information Required with Certificate of Compliance)
Precast concrete
Box culverts
Certificate of compliance must be signed by the manufacturer's QC
representative for each shipment.
Precast raised traffic bars
Preformed compression seal for
concrete pavement
Preformed membrane sheet Must include type of sheet and the conditioner or primer application rates.
Rapid strength concrete
Certificate of compliance is required for each delivery of aggregate,
cementitious material, and admixtures used for calibration tests.
The certificate of compliance must state that the source of the materials used
for the calibration tests is the same source as to be used for the planned work.
Reinforcement
You may request that the contractor submits with certificate of
compliance:
1. Copy of the certified mill test report for each heat and size of
reinforcing steel showing physical and chemical analysis.
2. Two copies of a list of all reinforcement before starting reinforcement
placement.
Reinforcement
Epoxy-coated
Certificate of compliance for each shipment of epoxy-coated
reinforcement must be submitted with:
1. Certification that the coated reinforcement complies with ASTM A 775/A
775M for bar reinforcement or ASTM A 884/A 884M, Class A, Type 1, for
wire reinforcement
2. All certifications specified in ASTM A 775/A 775M for bar
reinforcement or ASTM A 884/A 884M for wire reinforcement.
Reinforcement
Epoxy-coated prefabricated
reinforcement
Certificate of compliance for each shipment of epoxy-coated prefabricated
reinforcement must be submitted with:
1. Certification that the coated reinforcement complies with ASTM A 934/A
934M for bar reinforcement or ASTM A 884/A 884M Class A, Type 2 for
wire reinforcement.
2. All certifications specified in ASTM A 934/A 934M for bar
reinforcement or ASTM A 884/A 884M for wire reinforcement.
Reinforcement
Epoxy-coating patching materials
Certificate of compliance for the patching material must include
certification that the patching material is compatible with the epoxy
powder to be used.
Reinforcement
Headed bar
Certificate of compliance for each shipment of headed bar reinforcement must
be submitted with:
1. Mill test reports for the:
1.1. Bar reinforcement
1.2. Head material
2. Production test reports
3. Daily production logs
Reinforcement
Splicing
Certificate of compliance for each shipment of splice material must be
submitted with:
1. Type or series identification of the splice material, including tracking
information for traceability.
2. Grade and size number of reinforcement to be spliced.
3. Statement that the splice material complies with the type of
mechanical splice on the authorized material list.
4. For resistance-butt-welded material:
4.1. Heat number
4.2. Lot number
4.3. Mill certificates
Page 5 of 7
January 2020
Local Assistance Procedures Manual Exhibit 16-T1
Materials Requiring a Certificate of Compliance per Caltrans Standard Specifications
Table 6-2.3 Materials Accepted by Certificate of Compliance (6 of 7)
Material/Product Remarks (Including Requirements for Additional Back-Up Information
Required with Certificate of Compliance)
Sheet metal
Sign panels
Certificates of compliance required for:
1. Aluminum sheeting
2. Retroreflective sheeting
3. Screened-process colors
4. Nonreflective, opaque, black film
5. Protective-overlay film
Silicone joint sealant A certified test report of the results for the required tests performed within 12
months before the proposed use.
Slotted edge drain
Snow poles
Snow plow deflectors polyethylene
material
Soil amendment
Steel crib wall
Sheet metal
Sign panels
Certificates of compliance required for:
1. Aluminum sheeting
2. Retroreflective sheeting
3. Screened-process colors
4. Nonreflective, opaque, black film
5. Protective-overlay film
Silicone joint sealant A certified test report of the results for the required tests performed within 12
months before the proposed use.
Slotted edge drain
Snow poles
Snow plow deflectors polyethylene
material
Soil amendment
Steel crib wall
Steel pipe piles
The certificate of compliance must be signed by the plant's QC representative.
The QC representative must be on record with the Department's Office of
Structural Materials. certificate of compliance must include:
1. Statement that all materials and workmanship incorporated in the work and all
required tests and inspections of this work have been performed as described.
2. Certified mill test reports for each heat number of steel pipe piles being
furnished.
3, Test reports for tensile, chemical, and any specified non-destructive test
(NDT).
4. Test reports must be based on test samples taken from the base metal, steel,
coil or from the manufactured or fabricated piles.
5. Calculated carbon equivalent. The carbon equivalent may be shown on the
mill test report.
Steel sheet piling
Structural plate culverts
Certificate of compliance required for:
1. Structural metal plate pipe
2. Arches
3. Pipe arches
4. Metal liner plate pipe
Page 6 of 7
January 2020
Local Assistance Procedures Manual Exhibit 16-T1
Materials Requiring a Certificate of Compliance per Caltrans Standard Specifications
Table 6-2.3 Materials Accepted by Certificate of Compliance (7 of 7)
Material/Product Remarks (Including Requirements for Additional Back-Up Information
Required with Certificate of Compliance)
Structural shape steel piles
Certificate of compliance must include:
1. Test reports for tensile, chemical, and any specified NDT. Test samples must
be taken from the base metal, steel, or from the manufactured or fabricated
pile.
2. A statement that all materials and workmanship incorporated in the work
and all required tests and inspections of this work have been performed
as described.
Structural composite lumber used in
falsework
Structural steel thermal spray coat
Wire feedstock
Styrofoam filler
Subsurface drain
Temporary concrete washout Certificate of compliance required for:
Gravel-filled bag
Plastic liner
Temporary fence (Type ESA) Certificate of compliance required for:
High visibility fabric
Safety caps for metal posts
Temporary linear sediment barrier
Certificate of compliance required for:
Fiber roll
Safety cap for metal posts
Silt fence fabric
Sediment filter bag
Foam barrier
Gravel-filled bag fabric
Temporary railing (Type K)
Thermoplastic
Tie bars
Tie bar baskets
Timber products (treated and
untreated)
Certificate of compliance for timber and lumber must state the species of the
material to be shipped and include a certified grading report. If treated, certified
treating report.
Threaded tie bar splice couplers
Traffic stripe
Paint or thermoplastic
Turf sod
Underdrains
Certificate of compliance required for:
Type of pipe
Tubing
Fitting
Waterproofing fabric
Waterstop Certificate of compliance for waterstop material must state compliance with
paragraph 6 of Army Corps of Engineers CRD-C 572.
Welded wire fabric
Wire mesh fencing
Page 7 of 7
January 2020
Local Assistance Procedures Manual Exhibit 16-T2
Materials Requiring a Certificate of Compliance per the Greenbook
Greenbook 2018
Materials Requiring a Certificate of Compliance or Certified Test Reports
Material Section # Section Title Additional Comments
1 4-5 Certificate of Compliance General Requirements
2 Weighing and Metering Equip. 4-7 Weighing and Metering Equipment Engineer to "approve" prior to operation.
3 Cement 201-1.21 Cement
4 Fly Ash 201-1.2.5.3 Fly Ash Specific language/info required on the COC.
Must also submit test data upon request.
5 Pozzolans 201-1.2.5.4 Class N Pozzolans Specific language/info required on the COC.
Must also submit test data upon request.
6 Joint Sealant , Type E 201-3.9 Test Report and Certification Specific language/info required on certified test reports.
7 Curing Compound 201--4.3 Test Report and Certification Must submit certified test report upon request.
8 Paving Asphalt 203-1.3 Test Report and Certification Specific language/info required on certified test reports.
9 Liquid Asphalt 203-2.2 Test Report and Certification Specific language/info required on certified test reports.
10 Microsurfacing Emulsion (MSE) 203-3.5 Certificate of Compliance With each load. Must also submit test data upon request.
11 Latex 203-10.2.2 Latex Specific language/info required on the COC.
12 Asphalt Rubber Hot Mix (ARHM) 203-11.2 Materials Must also submit test reports with the COC.
13 Crumb Rubber Modifier (CRM) 203-11.2.3.1 General (Crumb Rubber Modifier) Specific language/info required on the COC.
14 Treated Wood 204-2.4 Quality Control Specific language/info required on the COC.
15
Structural Steel , Rivets, Bolts, Pins
206-1.1.2 Certification Specific language/info required on certified test reports.
16 Gray Iron and Ductile Iron Castings 206-3.4.2.1 General (Tensile Testing) Must also submit test reports with the COC.
17 Gray Cast Iron Castings 206-3.4.2.2 Gray Cast Iron Castings Specific language/info required on the COC and must submit
certified test results.
18 Ductile Iron Castings 206-3.4.2.3 Ductile Iron Castings Specific language/info required on the COC and must submit
certified test results.
19 Corrugated Steel Pipe, pipe arches. 207-11.2.1 General (Materials)
Page 1 of 2
January 2020
Local Assistance Procedures Manual Exhibit 16-T2
Materials Requiring a Certificate of Compliance per the Greenbook
20 Structural Steel Products 207-12.2.1 General (Materials) Specific language/info required on the COC.
21 Structural Aluminum Products 207-14.2.1 General (Materials) Specific language/info required on the COC.
22 PVC Pipe 207-17.4.1 General (Test Requirements)
23 PolyPropylene Pipe 207-25.6.1 General (Man. Facility Testing)
24 Materials used in Sewers 211-2 Chemical Resistance (Pickle Jar) Test Specific language/info required on the COC.
25 Viscometer Calibration 211-4.2 Calibration
26 Engineering Geosynthetics 213-1 General (Engineering Geosynthetics) Specific language/info required on the COC.
27 Traffic Paint, Thermo and Markers 214-2 Test Reports And Cert. of Compliance Specific language/info required on certified test reports OR
COC
28 Precast Reinforced Concrete Box 216-8 Basis of Acceptance
29 Fiberglass Standards 700-3.3.4 Fiberglass Standards Specific language/info required on the COC and test reports.
30 Conductors for Series Circuits, 5000V 700-4.2.2 Conductors for Series Circuits
31 Conductors and Cable 700-5.3.1 General (Conductors and Cable)
32 Lamp Receptable Conductors 700-5.5.7 Electrical Components COC Required if required information is not marked on the
insulation.
33 LED Signal Modules 700-5.5.11.8 Certificate of Compliance
34 LED Pedestrian Signal Module 700-5.6.6.7 Certificate of Compliance
Page 2 of 2
January 2020
Appendix J.1 - Example of a Vendor’s Certificate of Compliance
Appendix J.2 - Example of a Certificate of Compliance for
Portland Cement (continued)
Albert Howakowa
Local Assistance Procedures Manual Chapter 16
Administer Construction Contracts
surveyors, however, the local agency must provide a full-time public employee to be the person
who is in responsible charge.
Document the Project Staff
List the names, titles and contact number of all staff (Agency and consultants hired by the
agency) assigned to the project performing contract administration duties, including engineers,
inspectors, lab testers, office help or others. This list should not include any contractors’ staff or
consultants hired by the prime contractor. Place a copy in the project files. This documentation
is essential for auditors to determine the adequacy of the local agency’s staffing.
Obtain the Designation of the Contractor’s Authorized Representative
Prime contractors, including those operating in joint venture, must be required by the project
specifications to designate in writing a person authorized to supervise the work and to act for
the contractor on the project. The representative must be present at the jobsite while work is in
progress. Both the Caltrans Standard Specifications, as well as the Greenbook, includes this
requirement. Place a copy of the authorization in the project file, providing the address and after
hours contact information of the person authorized to supervise.
16.3 MAINTAINING PROJECT RECORDS
A local agency must establish a separate record file for each federal-aid highway project. The
project file must contain all data pertinent to the work and to the requirements of the
specifications.
In general, project records must support the adequacy of the field supervision, inspection and
testing; conformance to contract specifications; and payments to the contractor. Generally,
whenever the local agency is unable to produce requested records, it shall be assumed by
reviewing personnel the required actions were never performed. Organized project files can
minimize these negative assumptions.
During the construction phase, Caltrans Construction Oversight Engineers periodically perform
reviews and inspection of the local agency project files for compliance with federal and state
requirements. Organization and content of the project file is one indicator of the effective and
efficient management of the project by the RE. It also minimizes resources necessary for
conducting process reviews.
Organization of Project Records
Each agency must develop or adopt a filing index to be used on all federal-aid projects
administered by the agency off the SHS. An agency is only required to use the CT filing index
for projects on the SHS. The files must be complete and well organized and should include, at a
minimum, even on relatively simple projects, the topics indicated below.
Project Record Filing System - Locally Administered Federal-Aid Projects
1. Award Package
a. Exhibit 15-A: Local Agency Construction Contract Administration Checklist
b. Exhibit 15-B: Resident Engineer’s Construction Contract Administration Checklist
c. Exhibit 15-M: Detail Estimate
d. LAPM 3-A: Project Authorization/Adjustment Request
Page 4 of 61
January 2020
Local Assistance Procedures Manual Chapter 16
Administer Construction Contracts
2. Project Personnel
a. Local Agency Project Personnel Sheet (names, titles and phone number)
b. Local Agency and Contractor’s Emergency Contact Information Sheet
c. Contractor’s letter designating representative authorized to act for the contractor
3. Correspondence
a. To contractor
b. From contractor
c. General
4. Exhibit 16-A: Weekly Statement of Working Days
5. Quality Assurance:
a. Copy of Quality Assurance Plan
b. Independent Assurance
i. Exhibit 16-D: Certificate of Proficiency
ii. Certification of Accreditation of Testing Lab (TL-0113)
iii. Equipment Calibration Verifications (Nuclear Gauge)
c. Exhibit 16-I: Notice of Material to be Used (Form CEM-3101)
d. Acceptance Testing Results and Initial Tests (Make a Category 6d for each
material such as, 6d1.i, Cl 2 Base Test Summary Log, 6d2.ii Cl 2 Base Test
Results- 6d2.i AC Test Results Log etc. Include items below for each):
i. Test Result Summary Log
ii. Test Results
e. Exhibit 16-T: Materials Typically Accepted by Certificate of Compliance
f. Exhibit 16-K: Report of Inspection of Material (Form MR-0029)
g. Buy America Certifications
h. Exhibit 16-G: Corroboration Report
6. Engineer’s Daily Reports
a. Resident Engineer’s Daily Report (Exhibit 16-C, or similar)
b. Assistant Engineer’s Daily Report (Exhibit 16-C, or similar)
c. Structures Engineer
7. Photographs
8. Contract Item Pay Quantity Documents
Page 5 of 61
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Local Assistance Procedures Manual Chapter 16
Administer Construction Contracts
9. Exhibit 16-Y: Monthly Progress Payment Item Quantity Calculation Sheet, or similar
10. Change Orders (CO)
a. CO 1
i. Approved CO or equivalent (agencies may use their own form or use State form
CEM-4900)
ii. CO Memorandum/Transmittal Letter or equivalent (agencies may use their own
form or use State form CEM-4903)
iii. Written Prior Approval to Proceed
iv. Independent Supporting Force Account Cost Calculations (if Agreed Price)
v. Justification of time extension
vi. Extra Work Reports
b. CO 2 etc.
11. Progress Pay Estimates and Status of Funds
12. Labor Compliance and Equal Employment Opportunity (EEO) records
a. Certified Payrolls
b. Exhibit 16-B: Subcontracting Request
c. Photo Documentation of all required posters:
www.fhwa.dot.gov/programadmin/contracts/poster.cfm
d. Labor Compliance Interviews
e. Exhibit 16-O: Federal-Aid Highway Contractors Annual EEO Report
13. Disadvantaged Business Enterprise (DBE) Records
a. Exhibit 15-G: Construction Contract DBE Information
b. Exhibit 15-H: DBE Information - Good Faith Efforts
c. Exhibit 16-Z1: Monthly DBE Trucking Verification
d. DBE Substitution Supporting Documentation (if applicable)
e. Exhibit 17-F: Final Report –Utilization of DBE and First –Tier Subcontractor
Other sections of this chapter explain the content of the above listed file categories.
A large and complex project usually requires a more detailed record-keeping system. The
record-keeping system described in Caltrans Construction Manual, Section 5-102, Organization
of Project Documents is suggested for large projects.
Page 6 of 61
January 2020
Local Assistance Procedures Manual Chapter 16
Administer Construction Contracts
Availability of Records for Review or Audit
The record retention period for the non-Federal entities for financial purposes is 3 years and
begins when the final voucher is submitted in FMIS and required documentation is submitted to
FHWA per the stewardship and oversight agreement. The files must be available at a single
location for these reviews and audits. Use of a uniform project record-keeping system, together
with diligent maintenance of the system, greatly facilitates a process review and minimizes
negative findings. Good records of all construction activities clearly demonstrate to those
concerned that project supervision and control were attained on the project.
16.4 PRE-CONSTRUCTION CONFERENCE
For all construction projects, the local agency must schedule a pre-construction conference with
the contractor.
Required Attendees:
Local Agency Representative
Resident Engineer (if this is not the same person as above)
Contractor
Possible/Recommended Attendees:
Local Agency Labor Compliance Officer
Local Agency Safety Officer
Other Affected Agencies (Fish and Wildlife, Parks and Rec, etc.)
Emergency Services (Fire, Police, Ambulance, etc.)
Public Utilities (if relocation or temporary shut downs are required)
FHWA Project Oversight Manager
The size, duration, and complexity of the project should be considered when determining who to
invite. When an invitation is extended to Caltrans, representation will be up to the DLAE as
resources allow. The local agency representatives should discuss important contract issues,
submittals, as well as sanctions for non-compliance with local, state, and federal requirements.
Required Topics:
Safety
Equal Employment Opportunity
Labor Compliance
Subcontracting (including required submittal of the Exhibit 16-B: Subcontracting
Request)
DBE
NEPA, Permits and Environmental Mitigation Commitment requirements
Potential Traffic or Pedestrian Handling Issues
Page 7 of 61
January 2020
Exhibit 16-Z2 Acceptance Testing Results Summary Log
Project Name: __________________________________________________________ Test Method Name: ___________________ Test Method Number: ___________________
Contract Number: _______________________________________________________
Test
Number Date Sampled Name of Sampler or Tester Production Test Results Remarks
Tester Certification on file? Location (Stations, depths, etc) Production Quantity
Represented Required Result Actual Result Pass/Fail Include action taken for any failing test result;
note test number of any retest.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Page 1 of 1
January 2018