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HomeMy WebLinkAboutSpecifications Project 2020-03BID DOCUMENTS & SPECIFICATIONS CITY PROJECT NO. 2020-03 CITYWIDE PUBLIC SAFETY CAMERA SYSTEM CITY OF LA QUINTA, CALIFORNIA PREPARED FOR: CITY OF LA QUINTA DEPARTMENT OF DESIGN & DEVELOPMENT 78-495 CALLE TAMPICO LA QUINTA, CA 92253 (760) 777-7000 APPROVED BY: DATE: ______________________________________ BRYAN McKINNEY, P.E. PUBLIC WORKS DIRECTOR/ CITY ENGINEER R.C.E. No. 49418 Exp Date: 09/30/22 December 2020 'LJLWDOO\VLJQHGE\%U\DQ0F.LQQH\ '1FQ %U\DQ0F.LQQH\RRX HPDLO EPFNLQQH\#ODTXLQWDFDJRY F 86 'DWH   TABLE OF CONTENTS DIVISION 1 - BIDDING AND CONTRACT REQUIREMENTS PAGE 1100 Invitation to Bid 1100-1 1110 Instructions to Bidders 1110-1 1.0 Work to be Done 1110-1 2.0 Examination of Contract Documents 1110-1 3.0 Inspection of Site 1110-1 4.0 Interpretation of Contract Documents 1110-2 5.0 Postponement of Opening 1110-2 6.0 Opening of Bids 1110-2 7.0 Preparation of Bid Forms 1110-3 8.0 Bidder’s Signature and Authority 1110-3 9.0 Erasures 1110-4 10.0 Bid Irregularities 1110-4 11.0 Modification of Bid 1110-4 12.0 Withdrawal of Bids 1110-4 13.0 Addenda 1110-4 14.0 Bid Prices 1110-5 15.0 Bid Guaranty 1110-5 16.0 Qualification of Bidder 1110-5 17.0 Subcontractors 1110-6 18.0 Bidders Interested in More Than One Bid 1110-6 19.0 Sheeting, Shoring, and Bracing 1110-7 20.0 Wage Rates 1110-7 21.0 Offer of Assignment of Antitrust Actions 1110-7 22.0 Assignment of Contract 1110-7 23.0 Rejection of Bids 1110-8 24.0 Contract and Bonds 1110-8 25.0 Award of Contract 1110-8 26.0 Execution of Contract 1110-8 27.0 Construction Documents 1110-9 28.0 Bid Protest 1110-9 1200 Bid 1200-1 1210 Bid Schedule 1210-1 1220 Bid Guaranty Bond 1220-1 1230 Certification of Bidder's Experience and Qualifications 1230-1 1240 Proposed Subcontractors 1240-1 1250 Non-Collusion Affidavit 1250-1 1260 DIR Project Vendor Information 1260-1 1300 Contract 1300-1 1310 Performance Bond 1310-1 1320 Payment Bond 1320-1 1330 Workers' Compensation Insurance Certificate 1330-1 1340 Liability and Insurance Requirements 1340-1 1.0 Indemnification 1340-1 2.0 Insurance Requirements 1340-3 2.1 General 1340-3 2.2 Insurance 1340-3 2.3 Remedies 1340-5 2.4 General Conditions 1340-6 2.5 Change in Terms 1340-9 1400 General Conditions 1400-1 1.0 General 1400-1 1.1 Intent of Contract Documents 1400-1 1.2 Discrepancies and Omissions 1400-1 1.3 Headings 1400-2 1.4 Penalty for Collusion 1400-2 1.5 Successors and Assigns 1400-2 1.6 Assignment to City 1400-2 1.7 Rights and Remedies 1400-2 1.8 Definitions 1400-3 2.0 Administration 1400-8 2.1 Administration of the Contract 1400-8 2.2 City Engineer 1400-8 2.3 Consultants 1400-9 3.0 City 1400-9 3.1 General 1400-9 3.2 Attention to Work 1400-9 3.3 Inspection 1400-10 3.4 City's Right to Carry Out the Work 1400-10 3.5 City's Right to Perform Work and to 1400-10 Award Separate Contracts 4.0 Contractor 1400-11 4.1 Office 1400-11 4.2 Contractor's Representative 1400-11 4.3 Construction Procedures 1400-11 4.4 Contractor's Employees 1400-12 4.5 Subcontractors 1400-12 4.6 Contractor's Equipment and Facilities 1400-12 4.7 Public Safety and Convenience 1400-13 4.8 City-Contractor Coordination 1400-13 4.9 Permits 1400-14 4.10 Contractor's Responsibility for the Work and Material 1400-15 4.11 Laws to be Observed 1400-15 4.12 Safety 1400-18 5.0 Control of Work and Material 1400-19 5.1 Means and Method 1400-19 5.2 City-Furnished Materials 1400-20 5.3 Defective and Unauthorized Work 1400-21 5.4 Unnoticed Defects 1400-21 5.5 Right to Retain Imperfect Work 1400-21 6.0 Progress of the Work 1400-22 6.1 Beginning of Work 1400-22 6.2 Time of Completion 1400-22 6.3 Delays 1400-22 6.4 Time Extensions 1400-23 6.5 Temporary Suspension of Work 1400-25 6.6 Termination of Contract 1400-26 7.0 Changes in Scope of Work 1400-27 7.1 Change Orders 1400-27 7.2 Differing Site Conditions 1400-28 7.3 Resolution of Disputes 1400-28 8.0 Project Modifications Procedures 1400-33 8.1 Changes in Contract Price 1400-33 8.2 Negotiated Change Orders 1400-34 8.3 Force Account Payment 1400-35 8.4 Time Extensions for Change Orders 1400-37 9.0 Payment 1400-38 9.1 Scope of Payment 1400-38 9.2 Partial Payments 1400-39 9.3 Partial Payments - Inclusion of Material on Hand 1400-40 9.4 Right to Withhold Amounts 1400-40 9.5 Substantial Completion 1400-42 9.6 Final Inspection and Payment 1400-42 9.7 Warranty of Title 1400-43 1500 Supplemental General Conditions 1500-1 1.0 City Engineer 1500-1 2.0 Consultants 1500-1 2.1 Design Engineer 1500-1 2.2 Materials Testing 1500-1 2.3 Survey 1500-1 3.0 Liquidated Damages 1500-2 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 2000-3 4.0 Progress Schedules 2000-3 4.1 General 2000-3 4.2 Construction Schedule 2000-3 4.3 Time Impact Analysis 2000-4 4.4 Weekly Activities Plan 2000-4 4.5 Cash Flow Projection 2000-4 4.6 Lump Sum Price Breakdown 2000-4 5.0 Special Controls 2000-5 5.1 Dust Control 2000-5 5.2 Noise Abatement 2000-5 5.3 Working Hours 2000-5 5.4 Drainage Control 2000-5 5.5 Construction Cleaning 2000-6 5.6 Disposal of Material 2000-6 5.7 Parking and Storage Areas 2000-6 6.0 Protection and Restoration of 2000-6 Existing Improvements 7.0 Existing Utilities 2000-7 7.1 General 2000-7 7.2 Notification and Location 2000-7 7.3 Damage and Protection 2000-8 7.4 Utility Relocation and Rearrangement 2000-8 7.5 Underground Facilities 2000-9 DIVISION 3 - SPECIAL PROVISIONS SECTION 3000 1.0 General 3000-1 1.1 Scope of Services 3000-1 1.2 Project Description 3000-1 1.3 Project Plans 3000-1 1.4 Drawings of Record 3000-1 1.5 Cooperation with other Contractors 3000-2 1.6 Time Allowed for Construction 3000-2 2.0 Bid Items 3000-3 3.0 Materials 3000-3 3.1 General 3000-3 3.2 Substitutions 3000-3 3.3 Storage 3000-4 4.0 Work Details 3000-4 4.1 Traffic Control 3000-4 4.2 Dust Control 3000-8 4.3 Water 3000-9 4.4 Permits, Licenses and Inspection Fees 3000-9 4.5 Air Contaminants 3000-9 4.6 Notification 3000-9 DIVISION 4 – TECHNICAL SPECIFICATIONS SECTION 4000 1.0 General Requirements 4000-1 2.0 Mobilization 4000-10 3.0 Dust Control 4000-11 4.0 Traffic Control/Site Control 4000-11 5.0 Treated Soil, Subgrade Preparation, and 4000-11 Placement of Base Materials 6.0 Asphalt Concrete 4000-12 7.0 Concrete and Masonry 4000-14 8.0 Camera System 4000-15 Appendix A: Escrow Agreement for Security Deposits In lieu of Retention Appendix B: Record Drawings – City Signal Fiber Network Appendix C: Standard Plans Invitation to Bid 1100-1 SECTION 1100 INVITATION TO BID PROJECT NO. 2020-03 CITYWIDE PUBLIC SAFETY CAMERA SYSTEM 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, utilizing one of the following methods: 1.Mail in sealed bid package: The bid must be received by the City no later than the bid opening time, 10:00 A.M. on Wednesday, January 13, 2021. City will not be responsible for mail delays and will not accept bids after the bid opening time and date regardless of post-mark. 2.Drop sealed bid package off at City Hall prior to bid opening date: City Staff will accept bids on January 14, 2021 and January 15, 2021, from 8 a.m. to 5 p.m. Please note that City Hall is closed to the public due to the recent “Regional Stay At Home Order” from the California Department of Public Health. A sign will be posted at the main entrance lobby doors with instructions on how to contact City Staff when you arrive; once contacted City Staff will meet you at the door and accept the bid. 3.Drop sealed bid package off at City Hall at the official public opening at 10:00 A.M. on Wednesday, January 13, 2021. Bids will not be accepted after this time. The public opening will take place outside at City Hall’s courtyard. Bidders are required to wear a face covering to attend and practice social distancing at least six-feet apart. Proposed work is as follows: The proposed improvements include furnishing and installing a citywide camera network complete in place that connects to the City of La Quinta’s existing communication network. The work includes, but not limited to, furnishing and installing pull boxes, radios, fiber optic cable and conduit, ethernet cables, cameras, hangers, networking equipment (e.g. Ethernet switches, patch panel, server, software, work station with monitor, etc.), system integration, training, and a three (3) year maintenance period. 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 60 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”. Invitation to Bid 1100-2 A pre-bid conference is scheduled for 10:00 A.M., Monday, December 21, 2020. The pre-bid conference will be held at City of La Quinta, City Hall located at 78-495 Calle Tampico, La Quinta, California 92253. Prospective bidders will be required to wear a mask and to practice social distancing to attend. Bidders may also request a meeting with City Staff to enter City facilities. Please contact Mirta Lerma to schedule an appointment at 760.777.7071. When visiting the interior of Public Facilities for any purpose, everyone is required to comply with the following COVID-19 safety protocol: xUse south City Hall entrance xFace coverings are mandatory at all times while visiting Public Facilities xTemperature check (touch-free) is required upon your arrival xCompletion of the “COVID-19 Health Self Certification” form is required; either on your mobile device or City tablet. xSocial distancing of at least 6-feet apart Please note, that if you chose not to follow the City’s safety protocol, you will be asked to leave. Complete sets of the bidding documents may be purchased online at: www.planitplanroom.com IMPORTANT: If you are not on the plan holders list through Planit Planroom you will not receive addendums. It is the responsibility of the bidder to ensure that they are placed on the plan holders list. Bidding procedures are prescribed in the Project Specifications. Bids shall be executed upon the forms bound and made a part of said Specifications. Bid security in an amount not less than ten percent (10%) of the total bid dollar amount and conforming to the prescribed bidding procedures is required to be submitted with each bid, as a guaranty to be forfeited should the bidder, if awarded the contract, fail to enter into the same, or fails to furnish in a timely manner the bonds and/or proof of insurance. The City reserves the right to reject any or all bids, and to waive any irregularities in the bids. Bid log sheets can be found at http://www.laquintaca.gov/business/design- and-development/bid-on-jobs. Invitation to Bid 1100-3 Pursuant to the provisions of California Labor Code Section 6707, each bid submitted in response to this Invitation to Bid shall contain, as a bid item, adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life and limb in trenches and open excavation, which shall conform to applicable safety orders. By listing this sum, the bidder warrants that its action does not convey tort liability to the City, its consultants, and their employees, agents, and sub-consultants. Pursuant to Section 1770, et. seq., of the California Labor Code, the successful bidder shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. These wage rates are available from the California Department of Industrial Relations’ Internet website at http://www.dir.ca.gov. Pursuant to Section 1725.5 of the California Labor Code, no contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations at the time the contract is awarded. Contractors and subcontractors may find additional information for registering at the Department of Industrial Relations website at http://www.dir.ca.gov/Public-Works/PublicWorks.html . Pursuant to Labor Code section 1771.1, no contractor or subcontractor may be listed on a bid proposal for a public works project submitted on or after March 1, 2015 unless registered with the Department of Industrial Relations. Furthermore, all bidders and contractors are hereby notified that no contractor or subcontractor may be awarded, on or after April 1, 2015, a contract for public work on a public works project unless registered with the Department of Industrial Relations. Pursuant to Labor Code section 1771.4, all bidders are hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Pursuant to SB854, all contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement). All contractors and subcontractors must also provide a copy and proof to the City of online submittal within 2 days of online submission. Pursuant to Public Contract Code Section 22300, for monies earned by the Contractor and withheld by the City to ensure the performance of the Contract, the Contractor may, at its option, choose to substitute securities meeting the requirements of said Public Contract Code Section 22300. Invitation to Bid 1100-4 All bidders shall be licensed under the provisions of Chapter 9, Division 3 of the Business and Professions Code of the State of California to do the type of work contemplated in the project. In accordance with provisions of California Public Contract Code Section 3300, the City has determined that the General Contractor shall possess a valid Class A (General Contractor) and/or Class B (General Building Contractor) and/or C-7 (Low Voltage Systems Contractor) and/or C-10 (Electrical Contractor), at the time that the bid is submitted. Subcontractors shall possess valid, suitable licenses for the work they will perform, all electrical work shall be performed by a licensed C-10 (Electrical Contractor). Failure to possess the specified license(s) shall render the bid as non-responsive. The successful bidder will be required to furnish a Labor and Materials bond in the amount equal to one hundred percent (100%) of the Contract price, as well as a Faithful Performance Bond, in the amount equal to one hundred percent (100%) of the Contract price. Each bidder shall submit with its bid a statement setting forth its experience on the forms included in the Bid Proposal. Telephones will not be available to bidders. Bid forms received after the designated time will not be accepted. Bidders and their authorized agents are invited to attend. No bidder may withdraw its bid for a period of sixty (60) days after the date set for the opening of bids. Approved By: Date: Bryan McKinney, P.E. Public Works Director/ City Engineer Published By: Date: Monika Radeva City Clerk End of Section 'LJLWDOO\VLJQHGE\%U\DQ0F.LQQH\ '1FQ %U\DQ0F.LQQH\RRX HPDLO EPFNLQQH\#ODTXLQWDFDJRY F 86 'DWH   Works Director/ a Radeva 12/11/2020 Instruction to Bidders 1110-1 SECTION 1110 INSTRUCTIONS TO BIDDERS 1.0 WORK TO BE DONE It is the intention of the City to construct improvements as shown and set forth on the plans and detailed drawings, and in the particular locations shown on the drawings. All of the work is particularly set forth in the plans and specifications, and all of said work, together with all other work incidental thereto, is included. The work includes the furnishing of all labor, materials, incidentals and equipment necessary for Project No. 2020-03, Citywide Public Safety Camera System,and all appurtenant incidental items. The Contractor shall be required to provide, at its own cost and expense, all necessary insurance, as required by law or these specifications, and shall pay the cost and expense of any and all incidental matters herein required. 2.0 EXAMINATION OF CONTRACT DOCUMENTS Each bidder shall thoroughly examine and be familiar with those Contract documents contained in the Project Manual, drawings and addenda, if any. The submission of a bid shall constitute an acknowledgment upon which the City may rely that the bidder has thoroughly examined and is familiar with the Contract documents. The failure or neglect of a bidder to receive or examine any of the Contract documents shall in no way relieve him from any obligation with respect to its proposal or to the Contract. No claim for additional compensation will be allowed which is based upon a lack of knowledge of any Contract documents. 3.0 INSPECTION OF SITE Bidders are required to inspect the site of the work to satisfy themselves by personal examination or by such other means as they may prefer, of the location of the proposed work, and of the actual conditions of and at the site of work. If, during the course of its examination, a bidder finds facts or conditions which appear to be in conflict with the letter or spirit of the bidding documents, the Bidder may apply to the City, in writing, for additional information and explanation before submitting its bid. Submission of a bid by the bidder shall constitute acknowledgment that, if awarded the Contract, it has relied and is relying on its own examination of (1) the site of the work, (2) access to the site, and (3) all other data and matters requisite to the fulfillment of the work and on its own knowledge of existing facilities on and in the vicinity of the site of the work to be constructed under the Contract. The information provided by the City is not intended to be a substitute for, or a supplement to the independent verification by the bidder to the extent such independent investigation of site conditions is deemed necessary or desirable by the bidder. Instruction to Bidders 1110-2 4.0 INTERPRETATION OF CONTRACT DOCUMENTS No oral representations or interpretations will be made to any bidder as to the meaning of the Contract documents. Requests for an interpretation shall be made in writing and delivered by January 5, 2021: Ubaldo Ayón, Assistant Construction Manager City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 (760) 777-7096 – Phone uayon@laquintaca.gov –Email Requests to clarify the source of materials, equipment, suppliers or any other such matter which does not modify, change, increase, or decrease the scope of work requires no action by the City other than a response to the bidder requesting the clarification. Requests to clarify possible ambiguous or incomplete statements or designs, or any other such clarification which modifies, changes, increases or decreases the scope of work, requires issuance of an addendum by the City for the interpretation to become effective. 5.0 POSTPONEMENT OF OPENING The City reserves the right to postpone the date and time for receiving and/or opening of bids at any time prior to the date and time established in the Invitation to Bid. Postponement notices shall be mailed to plan holders of record in the form of addenda. 6.0 OPENING OF BIDS All bids, irrespective of any irregularities or informalities, if received on time, will be opened and publicly read aloud at the time and place set forth in the Invitation to Bid. Bidders, their representatives and other interested persons may be present at the opening and reading of bids. Any bids received after the time for receiving and opening bids as set forth in the Invitation to Bid or as postponed by addenda will be considered nonresponsive and will not be opened. Any such bids will be returned unopened to the Bidder. The public reading of each bid will include at least the following: A. Name and address of bidder. B. The total amount of bid. C. The nature and amount of the security furnished with the bid. Instruction to Bidders 1110-3 7.0 PREPARATION OF BID FORMS Bids shall be made on the blank forms in this manual and must be submitted at the time and place stated in the Invitation to Bid. All blanks in the bid forms must be appropriately filled in and all prices must be stated in figures. Unit prices in each and every case shall represent a true unit price used in preparing the bid schedule totals (Bid Form). Unit prices listed herein shall include material, installation and appurtenant work as is necessary to have the item complete and in place meeting the full intent of the plans and specifications. Unbalanced unit prices shall be sufficient cause for rejection of the bid. The purpose of the unit pricing is for bid evaluation and changes in the work during construction. The basis for award shall be the lowest combined price of the Base Bid Area plus all Additive Alternates. All bids must be submitted in a sealed envelope, addressed to the City Clerk, with the following annotation: It is the sole responsibility of the bidder to see that its bid is received in proper time. Any bid received after the scheduled closing time for receipt of bids will be returned to the bidder unopened. City shall not be responsible for errors or omissions in the bid. Bidders shall write their names on each bid form at the space provided. 8.0 BIDDER'S SIGNATURE AND AUTHORITY If the bid is made by an individual, his/her name, signature, and post office address must be shown; if made by a firm or partnership, the name and post office address of the firm or partnership, a list of the partners, and the signature of at least one of the general partners must be shown; if made by a corporation, the bid shall show the name of the state under the laws of which the corporation is chartered, the name and post office address of the corporation, and the title of the person who signs on behalf of the corporation. If the bid is made by the corporation, a certified copy of the bylaws or resolution of the Board of Directors of the corporation shall be furnished, upon request of the City Engineer or designee, showing the authority of the officer signing the bid to execute Contracts on behalf of the corporation. If the bid is made by a joint venture, the bid shall be signed by a representative of one of the joint venture firms. Additionally, the bid shall include a copy of the resolution or contract empowering the representative to execute the bid and bind the joint venture. BIDDER ____________________________ ADDRESS ____________________________ ____________________________ This envelope contains a SEALED BID for: Project No. 2020-03, CITYWIDE PUBLIC CAMERA SYSTEM CITY OF LA QUINTA, CALIFORNIA Envelope to be opened on: January 13 @ 10:00 A.M. Unless revised by Addendum. Instruction to Bidders 1110-4 9.0 ERASURES The bid submitted must not contain any erasure, interlineations, or other corrections unless each such correction is suitably authenticated by affixing in the margin immediately opposite the correction the signature or signatures of the person or persons submitting the bid. 10.0 BID IRREGULARITIES Changes in or additions to the bid form, recapitulations of the work bid upon, alternative bids, or any other modifications of the bid form which are not specifically called for in the Contract Documents may result in rejection of the bid by the City, as not being responsive to the Invitation to Bid.No oral or telephonic modification of any bid submitted will be considered. 11.0 MODIFICATION OF BID Modification of a bid already received will be considered only if the modification is received prior to the time established for receiving bids. Modifications shall be made in writing, executed, and submitted in the same form and manner as the original bid. 12.0 WITHDRAWAL OF BIDS In accordance with Public Contract Code 5103, within five days after the opening of bids, a bidder may withdraw its bid providing the bidder can establish to the City's satisfaction that a mistake was made in preparing the bid. A bidder desiring to withdraw shall give written notice to the City, specifying, in detail, how the mistake occurred and how the mistake made the bid materially different than it was intended to be. Withdrawal will not be permitted for mistakes resulting from errors in judgment or carelessness in inspecting the site of the work or in reading the Project Documents. 13.0 ADDENDA Addenda issued during the time of bidding shall become a part of the documents furnished bidders for the preparation of bids, shall be covered in the bids, and shall be made a part of the Contract. Each bid shall include specific acknowledgment in the space provided of receipt of all Addenda issued during the bidding period. Failure to so acknowledge may result in the bid being rejected as not responsive. Failure of any bidder to receive such Addenda shall not be grounds for non-compliance with the terms of the instructions. You must be on the plan holders list through Planit Planroom Enterprises or Plan Manager Pro in order to receive Addenda. Instruction to Bidders 1110-5 14.0 BID PRICES Bid prices shall include everything necessary for the completion of the work including but not limited to providing the materials, equipment, tools, plant and other facilities, and the management, superintendence, labor and services. Bid prices shall include allowance for all federal, state and local taxes. In the event of a difference between a price quoted in words and a price quoted in figures for the same quotation, the words shall be the amount bid. In the event that the product of a unit price and an estimated quantity does not equal the extended amount quoted, the unit price shall govern, and the correct product of the unit price and the estimated quantity shall be deemed to be the amount bid. If the sum of two or more items in a bidding schedule does not equal the total amount quoted, the individual item amounts shall govern and the correct total shall be deemed to be the amount bid. 15.0 BID GUARANITY The bid form shall be accompanied by a bid guaranty bond provided by a guaranty company authorized to carry on business in the State of California for payment to the City in the sum of at least ten (10) percent of the total amount of the bid price, or, alternatively, by a certified or cashier's check, payable to the City in the sum of at least ten (10) percent of the total amount of the bid price. The bid guarantee bond shall be provided on the form included in Section 1220, BID GUARANTY BOND, of this Project Document. The amount payable to the City under the bid guaranty bond, or the certified or cashier's check and the amount thereof, as the case may be, shall be forfeited to the City as liquidated damages in case of a failure or neglect of the bidder to furnish, execute, and deliver to the City the required performance and payment bonds evidences of insurance; and to enter into, execute, and deliver to the City the Contract on the form provided herewith, within ten (10) calendar days after receiving written notice from the City that the award has been made and the Contract is ready for execution. The City shall retain all bid security until a contract has been executed or until the City Council rejects all bids at which time all bid security not forfeited shall be returned to the appropriate bidders. 16.0 QUALIFICATION OF BIDDER Each bidder shall complete and submit with their bid Section 1230, CERTIFICATION OF BIDDER'S EXPERIENCE AND QUALIFICATIONS. Upon the request of City, any bidder whose bid is under consideration for the award of the Contract shall promptly submit satisfactory evidence showing the bidder's financial resources, its construction experience, and its organization's availability for the performance of the Contract. Instruction to Bidders 1110-6 The bidder may be required to establish to the satisfaction of the City the reliability and responsibility of the persons or entities proposed to furnish and perform the work described in the Documents. 17.0 SUBCONTRACTORS In accordance with California Public Contracting Code Section 4100, et. seq., each bid shall have listed in Section 1240, PROPOSED SUBCONTRACTORS, the name, portion of work to be performed, and location of the place of business of each subcontractor who will perform work or labor or render service to the bidder in or about the construction of the work or improvement, or of any subcontractor licensed by the State of California who, under subcontract to the bidder, will specially fabricate and install a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the bidder's total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of one percent of the bidder's total bid or Ten Thousand Dollars ($10,000.00), whichever is greater. The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price except that any designated “Specialty Items” may be performed by subcontract and the amount of any such “Specialty Items” so performed will be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. “Specialty Items” will be identified by the Agency in the Bid or in the Special Provisions. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from the information submitted by the Contractor, and subject to approval of the Engineer. Failure to list subcontractors may render the bid non-responsive and may be grounds for rejection of the bid. Failure to comply with the provisions of the California "Subletting and Subcontracting Fair Practices Act" shall make the Contractor subject to the sanctions as set forth in the Act. 18.0 BIDDERS INTERESTED IN MORE THAN ONE BID No person, firm, or corporation, under the same or different name, shall make, file, or be interested in more than one bid for the same work unless alternate bids are called for. A person, firm, or corporation may, however, submit sub-proposals or quote prices on materials to more than one bidder. The City may reject the bids of the known participants in such collusion. Pursuant to Public Contract Code Section 7106, bidders shall execute and furnish with their bids Section 1250, NON-COLLUSION AFFIDAVIT. Instruction to Bidders 1110-7 19.0 SHEETING, SHORING AND BRACING Pursuant to the provisions of California Labor Code Section 6707, each bid submitted shall contain, in the bid item indicated, the amount included in its bid for adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life and limb in trenches and open excavation, which shall conform to applicable safety orders. By listing this sum, the bidder warrants that its action does not convey tort liability to the City, its consultants, and their employees, agents, and sub-consultants. 20.0 WAGE RATES Pursuant to provisions of the Labor Code Section 1770, et. seq., of the State of California, the Director of the Department of Industrial Relations has ascertained the prevailing rate of per diem wages of the locality in which the Work is to be performed and applicable to the work to be done. These wage rates are available from the California Department of Industrial Relations’ Internet web site at: www.dir.ca.gov Bidders shall promptly notify the City, in writing, about all the classifications of labor not listed in the prevailing wage determinations but necessary for the performance of the Work before bids are submitted. 21.0 OFFER OF ASSIGNMENT OF ANTITRUST ACTIONS As provided by Sections 4551 and 4552 of the California Government Code, in submitting a bid to the City, the bidder offers and agrees that if the bid is accepted, it will assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the City pursuant to the bid. Such assignment shall be made and become effective at the time the City tenders final payment to the bidder. 22.0 ASSIGNMENT OF CONTRACT No assignment by the Contractor of any contract to be entered into hereunder, or any part thereof, or of funds to be received thereunder by the Contractor, will be recognized by City unless such assignment has had prior approval of City and the Surety has been given due notice of such assignment in writing and has consented thereto in writing. Instruction to Bidders 1110-8 23.0 REJECTION OF BIDS The City reserves the right to reject all bids for any reason. The City further reserves the right to reject any bid: which is non-responsive, incomplete, obscure, or irregular; which omits a bid on any one or more of the required bid items; which does not contain satisfactory documentation of the bidder's qualifications as required by Section 1110-16.0,QUALIFICATION OF BIDDER; which, in the City's opinion, the unit prices are unbalanced; which is accompanied by insufficient or irregular bid security; or, which is from a bidder who has previously failed, on a contract of any nature, to perform properly or to complete it on time. The City reserves the right to waive irregularities. 24.0 CONTRACT AND BONDS The successful bidder, simultaneously with the execution of the Contract, will be required to furnish a Payment Bond on forms provided by the City in an amount equal to one hundred percent (100%) of the Contract Price, a Faithful Performance Bond in an amount equal to one hundred (100%) of the Contract Price, and the WORKER'S COMPENSATION INSURANCE CERTIFICATE in Section 1330. Said bonds shall be secured from a surety company satisfactory to City. The form of Contract, as provided in Section 1300, which the successful bidder as Contractor will be required to execute, and the forms of bonds as provided in Sections 1310 and 1320, which it will be required to furnish, shall be carefully examined by the bidder. 25.0 AWARD OF CONTRACT Within sixty (60) days after the time of opening of the bids, the City will act either to accept a bid, to reject all bids or with the consent of the bidders and their sureties to extend the time in which the City may act. The acceptance of a bid will be evidenced by a notice of award of Contract in writing, delivered in person or by certified mail to the bidder whose bid is accepted. No other act of City will constitute acceptance of a bid. The award of Contract shall obligate the bidder whose bid is accepted to furnish performance and payment bonds and evidences of insurance, and to execute the Contract in the form set forth in the Contract documents. 26.0 EXECUTION OF CONTRACT The Contract Agreement shall be executed by the successful bidder and returned, together with the Contract bonds and evidences of insurance, within ten (10) days after receiving written notice of the award of the Contract. Time is of the essence in this regard. After execution by City, one copy shall be returned to Contractor. Instruction to Bidders 1110-9 27.0 CONSTRUCTION DOCUMENTS The City will furnish the Contractor five copies of the Specifications after the execution of the Contract. The Contractor may request up to three additional copies at no cost, for a total of eight (8) no cost copies. 28.0 BID PROTEST Any bid protest must be in writing and received by City at the Office of the City Clerk located at 78-495 Calle Tampico, La Quinta, California, 92253, before 5:00p.m., no later than two working days following bid opening (the "Bid Protest Deadline") and must comply with the following requirements: 28.1 General. Only a bidder who has actually submitted a Bid Proposal is eligible to submit a bid protest against another bidder. Subcontractors are not eligible to submit bid protests. A bidder may not rely on the bid protest submitted by another bidder but must timely pursue its own protest. The protesting bidder must submit a non-refundable fee in the amount of $725.00, based upon City's reasonable costs to administer the bid protest. Any such fee must be submitted to City no later than the Bid Protest Deadline, unless otherwise specified. For purposes of this Section 28, a "working day" means a day that City is open for normal business, and excludes weekends and holidays observed by City. 28.2 Protest Contents.The bid protest must contain a complete statement of the basis for the protest and all supporting documentation. Material submitted after the Bid Protest Deadline will not be considered.The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based. The protest must include the name, address, email address, and telephone number of the person representing the protesting bidder if different from the protesting bidder. 28.3 Copy to Protested Bidder.A copy of the protest and all supporting documents must be concurrently transmitted by fax or by email, by or before the Bid Protest Deadline, to the protested bidder and any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest. 28.4 Response to Protest. The protested bidder may submit a written response to the protest provided the response is received by City before 5:00p.m., within two working days after the Bid Protest Deadline or after actual receipt of the bid protest, whichever is sooner (the "Response Deadline").The response must include all supporting documentation. Material submitted after the Response Deadline will not be considered. The response must include the name, address, email address, and telephone number of the person representing the protested bidder if different from the protested bidder. Instruction to Bidders 1110-10 28.5 Copy to Protesting Bidder. A copy of the response and all supporting documents must be concurrently transmitted by fax or by email, by or before the Bid Protest Deadline, to the protesting bidder and any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest. 28.6 Exclusive Remedy.The procedure and time limits set forth in this section are mandatory and are the bidder's sole and exclusive remedy in the event of bid protest. A bidder's failure to comply with these procedures will constitute a waiver of any right to further pursue a bid protest, including filing a Government Code Claim or initiation of legal proceedings. 28.7 Right to Award.The City Council reserves the right to award the Contract to the bidder it has determined to be the responsible bidder submitting the lowest responsive bid, and to issue a notice to proceed with the Work notwithstanding any pending or continuing challenge to its determination. END OF SECTION Bid 1200-1 SECTION 1200 BID DATE: The undersigned, as bidder, declares it has received and examined the Contract Document entitled Project No. 2020-03, Citywide Public Safety Camera System,and will contract with the City, on the form of Contract provided herewith, to do everything required for the fulfillment of the contract for said work at the prices and on the terms and conditions herein contained. We have included the following items and agree that they shall form a part of this bid: SECTION TITLE 1200 Bid 1210 Bid Schedule 1220 Bid Guaranty Bond 1230 Certification of Bidder's Experience and Qualifications 1240 Proposed Subcontractors 1250 Non-Collusion Affidavit 1260 DIR Project Vendor Information We acknowledge that the following addenda have been received and have been examined as part of the Contract Documents. Bidders must be on the Plan Holders List with the City of La Quinta in order to receive addenda. Addendum # Date Received Initials Attached is a bid guaranty bond as required by Paragraph 1110-15.0, BID GUARANTY. Name of Bidder Bidder’s Telephone Number Bid 1200-2 If our bid is accepted, we agree to sign the contract without qualifications and to furnish the performance and payment bonds and the required evidence of insurance within 10 calendar days after receiving written notice of the award of the contract. We further agree, if our bid is accepted and a Contract for performance of the work is entered into with the City, to so plan work and to prosecute it with such diligence that the work shall be completed within the time stipulated. Name of Bidder Bidder’s Telephone Number Bidder’s Address Bidder’s Email Address Contractor’s License No. Contractor's Expiration Date State of Incorporation Signature of Bidder Witness Printed Name of Signatory Title of Witness Title of Signatory Bid Schedule 1210-1 SECTION 1210 BID SCHEDULE PROJECT NO. 2020-03 CITYWIDE PUBLIC SAFETY CAMERA SYSTEM 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 2020-03, Citywide Public Safety Camera System,in accordance with the plans and specifications therefore adopted and on file with the City within the time hereinafter set forth and at the prices named in this Bid. It is understood that the basis of award shall be the lowest total price of the Base Bid Area plus all Additive Alternates. Unit prices in each and every case represent the true unit price used in preparing the bid schedule totals (Bid Form). Unit prices listed herein include material, installation and appurtenant work as is necessary to have the item complete and in place meeting the full intent of the plans and specifications. We acknowledge that unbalanced unit prices shall be sufficient cause for the rejection of our bid. BASE BID – CITYWIDE PUBLIC SAFETY CAMERA SYSTEM Item No. Item Description Est. Qty. Unit Unit Price (in figures) Dollars Item Total (in figures) Dollars 1 Mobilization 1 LS $ $ 2 Dust Control 1 LS $ $ 3 Traffic Control 1 LS $ $ 4 Furnish and Install Camera System at Fritz Burns Park 1LS$ $ 5 Furnish and Install Camera System at La Quinta Park 1LS$ $ Bid Schedule 1210-2 Item No. Item Description Est. Qty. Unit Unit Price (in figures) Dollars Item Total (in figures) Dollars 6 Furnish and Install Camera System at City Hall 1LS$ $ 7 Furnish and Install Camera System at Intersections 1LS$ $ 8System Integration 1 LS$ $ 9As-Built Plans 1 LS$ $ 10 Maintenance Contract 1 LS $$ Total Amount of Bid Items 1 – 10 $ City may award all or none of the following additive alternates: ADDITIVE ALTERNATE NO. 1 – LA QUINTA WELLNESS CENTER 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 Furnish and Install Camera System at Wellness Center 1LS$ $ 4System Integration 1 LS$ $ 5As-Built Plans 1 LS$ $ 6 Maintenance Contract 1 LS $ $ Total Amount of Add Alt 01 Bid Items 1 - 6 $ Bid Schedule 1210-3 ADDITIVE ALTERNATE NO. 2 – LA QUINTA LIBRARY 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 Furnish and Install Camera System at Library 1LS$ $ 4System Integration 1 LS$ $ 5As-Built Plans 1 LS$ $ 6 Maintenance Contract 1 LS $ $ Total Amount of Add Alt 02 Bid Items 1 - 6 $ ADDITIVE ALTERNATE NO. 3 – LA QUINTA PARK Item No. Item Description Est. Qty. Unit Unit Price (in figures) Dollars Item Total (in figures) Dollars 1 Mobilization 1 LS $ $ 2Dust Control 1 LS$ $ 3 Traffic Control 1 LS $ $ 4 Furnish and Install Camera System at La Quinta Park for additional 360-Degree Exterior Camera with connection 1LS$ $ 5System Integration 1 LS$ $ 6As-Built Plans 1 LS$ $ 7 Maintenance Contract 1 LS $ $ Total Amount of Add Alt 03 Bid Items 1 - 7 $ Bid Schedule 1210-4 ADDITIVE ALTERNATE NO. 4 – LA QUINTA MUSEUM AND LUMBER YARD Item No. Item Description Est. Qty. Unit Unit Price (in figures) Dollars Item Total (in figures) Dollars 1 Mobilization 1 LS $ $ 2 Dust Control 1 LS $ $ 3 Traffic Control 1 LS $ $ 4 Furnish and Install Camera System at Museum and Lumber Yard 1LS$ $ 5System Integration 1 LS$ $ 6As-Built Plans 1 LS$ $ 7 Maintenance Contract 1 LS $ $ Total Amount of Add Alt 04 Bid Items 1 - 7 $ ADDITIVE ALTERNATE NO. 5 – SPORTS COMPLEX Item No. Item Description Est. Qty. Unit Unit Price (in figures) Dollars Item Total (in figures) Dollars 1 Mobilization 1 LS $ $ 2 Dust Control 1 LS $ $ 3 Traffic Control 1 LS $ $ 4 Furnish and Install Camera System at Sports Complex 1LS$ $ 5 System Integration 1 LS $ $ 6As-Built Plans 1 LS$ $ 7 Maintenance Contract 1 LS $ $ Total Amount of Add Alt 05 Bid Items 1 - 7 $ Bid Schedule 1210-5 ADDITIVE ALTERNATE NO. 6 – INTERSECTION Item No. Item Description Est. Qty. Unit Unit Price (in figures) Dollars Item Total (in figures) Dollars 1 Mobilization 1 LS $ $ 2 Dust Control 1 LS $ $ 3 Traffic Control 1 LS $ $ 4 Furnish and Install 360- Degree Combination Camera with Radio Connection to Camera System 1EA$ $ 5System Integration 1 LS$ $ 6As-Built Plans 1 LS$ $ 7 Maintenance Contract 1 LS $ $ Total Amount of Add Alt 06 Bid Items 1 - 7 $ GRAND TOTAL BASE BID PLUS ALL ADDITIVE ALTERNATES (Figures): $ GRAND TOTAL BASE BID PLUS ALL ADDITIVE ALTERNATES (Words): Bid Schedule 1210-6 Bid Amount of each of the above Bid Items must be filled in and completed. It is understood that the quantities shown hereon are but estimates and the bidder is responsible to verify quantities prior to submitting a bid. Final payment will be based upon actual work performed, subject to such adjustments and alterations as elsewhere provided herein. ___________________________________________________________ Signature of Bidder (Ink) ___________________________________________________________ Name of Bidder (Printed or Typed) ___________________________________________________________ Bidder Telephone Number ___________________________________________________________ Bidder Email Address Bid Guaranty Bond 1220-1 SECTION 1220 BID GUARANTY BOND PRINCIPAL, and , as SURETY, are held and firmly bound unto the City in the penal sum of TEN (10) PERCENT OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the City for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made to the City to which said bid was submitted, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the Principal has submitted the above-mentioned bid to the City, for certain construction specifically described as follows, for which bids are to be opened at La Quinta, California. PROJECT NO. 2020-03 CITYWIDE PUBIC SAFETY CAMERA SYSTEM 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 ,2021. Title of Signatory Title of Signatory Signature of Principal Signature of Surety Address Address Note: Signatures of those executing for the surety must be properly acknowledged. Bidders Experience & Qualifications 1230-1 SECTION 1230 CERTIFICATION OF BIDDER'S EXPERIENCE AND QUALIFICATIONS The undersigned Bidder certifies that he is, at the time of bidding, and shall be, throughout the period of the contract, licensed under the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California, to do the type of work contemplated in the Contract Documents. Bidder shall further certify that it is skilled and regularly engaged in the general class and type of work called for in the Contract Documents. The Bidder represents that it is competent, knowledgeable, and has special skills on the nature, extent, and inherent conditions of the work to be performed. Bidder further acknowledges that there are certain peculiar and inherent conditions existent in the construction of the particular facilities, which may create, during the construction program, unusual or peculiar unsafe conditions hazardous to persons and property. Bidder expressly acknowledges that it is aware of such peculiar risks and that it has the skill and experience to foresee and to adopt protective measures to adequately and safely perform the construction work with respect to such hazards. The Bidder shall list below four (4) projects completed in the last seven (7) years of similar size and complexity that indicate the Bidder's experience as a General Contractor. The bidder shall also fill out item 5 below as needed.Contractor/Sub- Contractor must hold any required certifications needed for specific components installed. 1. Project Name: ______________________________________________________ Owner:______________________________________________________________ Construction Cost:$___________________________________________________ Construction Time:_____________________________Calendar Days Owner's Representative:______________________________________________ Owner's Telephone No.:_______________________________________________ Date of Substantial Completion:________________________________________ 2. Project Name: _______________________________________________________ Owner:______________________________________________________________ Construction Cost:$___________________________________________________ Construction Time:_____________________________Calendar Days Owner's Representative:______________________________________________ Owner's Telephone No.:_______________________________________________ Date of Substantial Completion:________________________________________ Bidders Experience & Qualifications 1230-2 3. Project Name: _______________________________________________________ Owner:______________________________________________________________ Construction Cost:$___________________________________________________ Construction Time:_____________________________Calendar Days Owner's Representative:______________________________________________ Owner's Telephone No.:_______________________________________________ Date of Substantial Completion:________________________________________ 4. Project Name: _______________________________________________________ Owner:______________________________________________________________ Construction Cost:$___________________________________________________ Construction Time:_____________________________Calendar Days Owner's Representative:______________________________________________ Owner's Telephone No.:_______________________________________________ Date of Substantial Completion:________________________________________ 5. Certification/Contractor: _____________________________________________ Certification/Contractor: _____________________________________________ Certification/Contractor: _____________________________________________ Certification/Contractor: _____________________________________________ Certification/Contractor: _____________________________________________ Certification/Contractor: _____________________________________________ Certification/Contractor: _____________________________________________ Signed this day of , 2021. Name of Bidder Contractor's License No. DIR Reg No. Signature of Bidder Expiration Date Printed Name of Bidder Title of Signatory Proposed Subcontractors 1240-1 SECTION 1240 PROPOSED SUBCONTRACTORS Pursuant to California Public Contracting Code, Section 4100 et. seq., the following list gives the name, business address, and portion of work (description of work to be done) for each subcontractor that will be used in the work if the bidder is awarded the Contract. (Additional supporting data may be attached to this page. Each page shall be sequentially numbered and headed "Proposed Subcontractors" and shall be signed.) The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price except that any designated “Specialty Items” may be performed by subcontract and the amount of any such “Specialty Items” so performed will be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. “Specialty Items” will be identified by the Agency in the Bid or in the Special Provisions. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. Subcontractor/Business Address/Description of Work/% of Work/License No./DIR Reg No. Signature of Bidder Name of Bidder Non-Collusion Affidavit 1250-1 SECTION 1250 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ) ss. County of ) , being first duly sworn, deposes and say that he or she is of , the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly sought by contract, agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Signature Name of Bidder Title Date DIR Project Vendor Information 1260-1 SECTION 1260 DIR Project Vendor Information Vendor Information: Name:_____________________________________________________________ Address:_______________________________ City:_______________ ST:____ Zip:________ Project Manager:________________________Email:________________________ Phone:_______________________ CSLB/Certification Number: ____________ Public Works Registration No.:_______________________________________ Classification: Asbestos ____Boilermaker ____Bricklayers ____Carpenter ____Carpet/Linoleum ____ Cement Masons ____Drywall Finisher ____Drywall/Lathers ____Electricians ____ Elevator Mechanic ____Glaziers ____Iron Workers ____Laborers ____Millwrights ____ Operating Eng ____Painters ____Pile Drivers ____Pipe Trades ____Plasterers ____ Roofer____SheetMetal____Sound/Com____Surveyor____Teamster____Tile Worker____ Prevailing Wages and Payroll: The project is subject to prevailing wage rates and enforcement by the Department of Industrial Relations (DIR). Prevailing wage rates can be obtained at: http://www.dir.ca.gov/Public-Works/Prevailing-Wage.html. Contractors and subcontractors on most public Works projects are required to submit certified payroll records to the Labor Commissioner using DIR’s electronic certified payroll reporting system. For your convenience, the link for reporting certified payroll is: http://www.dir.ca.gov/Public-Works/Certified-Payroll- Reporting.html. A copy of certified payroll, including the names and addresses of employees and/or subcontractors working on the job must be included with invoices submitted to the City of La Quinta. Contract 1300-1 SECTION 1300 CONTRACT THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal corporation, herein referred to as "City,” and _______________________________, herein referred to as, "Contractor." 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 Project No. 2020-03, Citywide Public Safety Camera System in the City of La Quinta, California pursuant to the Invitation to Bid, dated December 2020, the project Specifications, and Contractor's Bid, all of which documents shall be considered a part hereof as though fully set herein. Should any provisions of Contractor's Bid be in conflict with the Notice Inviting Bids, Specifications, or this Contract, then the provisions of said Contract, Specifications, and Invitation to Bid shall be controlling, in that order of precedence. The time frame for construction work shall be in accordance with that specified in the Invitation to Bid. 2. Contractor will comply with all Federal, State, County, and La Quinta Municipal Code, which are, as amended from time to time, incorporated herein by reference. 3. All work shall be done in a manner satisfactory to the City Engineer. 4. Contractor shall commence work after the issuance of a written Notice to Proceed and agrees to have all work completed within 60 working days from the date of Notification to Proceed. 5. In consideration of said work, City agrees to pay Contractor such sums as shall be approved by the City Engineer at lump sums and/or unit prices stated in the Contractor's Bid, the base consideration (Type in correct dollar amount using currency format)____________________________________________ ($_____,_____.00). All payments shall be subject to approval by the City Engineer and shall be in accordance with the terms, conditions, and procedures provided in the Specifications. 6. The Contractor shall not knowingly pay less than the general prevailing rate for per diem wages, as determined by the State of California Department of Industrial Relations and referred to in the Invitation to Bid, to any workman employed for the work to be performed under this contract; and the Contractor shall forfeit as a penalty to the City the sum of Twenty-Five Dollars ($25.00) for each calendar day, or fraction thereof, for such workman paid by him or by any subcontractor under him in violation of this provision (Sections 1770-1777, Labor Code of California). Contract 1300-2 Pursuant to Section 1770, et. seq., of the California Labor Code, the successful bidder shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. These wage rates are available from the California Department of Industrial Relations’ Internet website at http://www.dir.ca.gov. Pursuant to Section 1725.5 of the California Labor Code, no contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations at the time the contract is awarded. Contractors and subcontractors may find additional information for registering at the Department of Industrial Relations website at http://www.dir.ca.gov/Public-Works/PublicWorks.html. Pursuant to Labor Code section 1771.1, no contractor or subcontractor may be listed on a bid proposal for a public works project submitted on or after March 1, 2015 unless registered with the Department of Industrial Relations. Furthermore, all bidders and contractors are hereby notified that no contractor or subcontractor may be awarded, on or after April 1, 2015, a contract for public work on a public works project unless registered with the Department of Industrial Relations. Pursuant to Labor Code section 1771.4, all bidders are hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 7. Concurrently with the execution of this Contract, Contractor shall furnish bonds of a surety satisfactory to City, as provided in said Specifications or Invitation to Bid, the cost of which shall be paid by Contractor. 8. Except for the gross negligence or willful misconduct of an Indemnified Party (as hereinafter defined), the Contractor hereby assumes liability for and agrees to defend (at Indemnified Parties’ option), indemnify, protect and hold harmless City and its Project Consultants, and Engineers, officers, agents, and employees (“Indemnified Parties”) from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including counsel fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the Indemnified Parties arising out of or encountered in connection with this Contract or the performance of the Work including, but not limited to, death of or bodily or personal injury to persons or damage to property, including property owned by or under the care and custody of City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of Contractor, its officers, agents, employees or Subcontractors including, but not limited to, liability arising from: 1. Any dangerous, hazardous, unsafe or defective condition of, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors; Contract 1300-3 2. Any operation conducted upon or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors under or pursuant to the provisions of this contract or otherwise; 3. Any act, omission or negligence of Contractor, its officers, agents, employees, or Subcontractors; 4. Any failure of Contractor, its officers, agents or employees to comply with any of the terms or conditions of this Contract or any applicable federal, state, regional, or municipal law, ordinance, rule or regulation; and 5. The conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub-subsections (1), (2), (3), and (4), existing or conducted upon or arising from the use or occupation by Contractor on any other premises in the care, custody and control of City. The Contractor also agrees to indemnify City and pay for all damages or loss suffered by City including but not limited to damage to or loss of City property, to the extent not insured by City and loss of City revenue from any source, caused by or arising out of the conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub-subsections (1), (2), (3), (4) and (5). Contractor’s obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnified Party. However, without affecting the rights of City under any provision of this contract, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this contract. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this contract or this section. Contract 1300-4 This indemnity shall survive termination of the Contract or Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnified Parties may have under the law or under any other Contract Documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain or apply any monies to the Contractor under this Contract for the purpose of resolving such claims; provided, however, City may release such funds if the Contractor provides City with reasonable assurance of protection of the Indemnified Parties’ interests. City shall, in its sole discretion, determine whether such assurances are reasonable. Approval of any insurance contracts by the City does not relieve the Contractor or subcontractors from liability under Section 1340-1.0, Indemnification of the Specifications. The City will not be liable for any accident, loss, or damage to the work prior to its completion and acceptance. 9. Except as otherwise required, Contractor shall concurrently with the execution of this contract, furnish the City satisfactory evidence of insurance of the kinds and in the amounts provided in said Specifications, Section 1340-2.0, Insurance Requirements. This insurance shall be kept in full force and effect by Contractor during this entire contract and all premiums thereon shall be promptly paid by it. Each policy shall further state that it cannot be canceled without written notice to the City and shall name the City as an additional insured on the Commercial General Liability policy only. Contractor shall furnish evidence of having in effect, and shall maintain, Workers Compensation Insurance coverage of not less than the statutory amount or otherwise show a certificate of self-insurance, in accordance with the Workers Compensation laws of the State of California. Failure to maintain the required amounts and types of coverage throughout the duration of this Contract shall constitute a material breach of this Contract. 10. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or mechanic employed in the execution of this Contract by said Contractor, or any subcontractor under it, upon any of the work herein mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted to work at other than a rate of pay provided by law for more than 8 hours in any one calendar day and 40 hours in any one calendar week, in violation of the provisions of Sections 1810-1815 of the Labor Code of the State of California. 11. In accepting this Contract, Contractor certifies that in the conduct of its business it does not deny the right of any individual to seek, obtain and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age as provided in the California Fair Employment Practice Act (Government Code Sections 12900, et seq.) Contractor agrees that a finding by the State Fair Employment Practices Commission that Contractor has engaged during the term of this Contract in any unlawful employment practice shall be deemed a breach of this Contract and Contractor shall pay to City $1,607.00 liquidated damages for each such breach committed under this contract. Contract 1300-5 12.Contractor also agrees that for contracts in excess of $30,000 and more than 20 calendar days duration, that apprentices will be employed without discrimination in an approved program in a ratio established in the apprenticeship standards of the craft involved (Sections 1777.5 and 1777.6, Labor Code of California). Contractors who willfully fail to comply will be denied the right to bid on public projects for a period of six months in addition to other penalties provided by law. 13. This Contract shall not be assignable by Contractor without the written consent of City. 14. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is deemed completed. 15. In accepting this Contract, Contractor certifies that no member or officer of the firm or corporation is an officer or employee of the City except to the extent permitted by law. 16. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the above work. 17. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. 18. The Contractor shall maintain and preserve all such records for a period of at least three years after termination of the contract. 19. The Contractor shall maintain all such records in the City of La Quinta. If not, the Contractor shall, upon request, promptly deliver the records to the City or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than at City offices including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead. 20. The further terms, conditions, and covenants of the Contract are set forth in the Contract Documents, each of which is by this reference made a part hereof. Contract 1300-6 IN WITNESS WHEREOF, the parties have executed this Contract as of the dates stated below. "CITY" CITY OF LA QUINTA a California municipal corporation Dated: By: Jon McMillen, City Manager ATTEST: ________________________________Dated: Monika Radeva, City Clerk APPROVED AS TO FORM: Dated: City Attorney "CONTRACTOR" (If corporation, affix seal) Dated: By: Signature Name: Title: Print Name Address:____________________________________________________ Street Address City State Zip Code Dated: By: Signature Name: Title: Print Name Address:____________________________________________________ Street Address City State Zip Code Faithful Performance Bond 1310-1 SECTION 1310 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT the City of La Quinta, a municipal corporation, hereinafter designated the City, has, on , 2021, awarded to , hereinafter designated as the Principal, a Contract for Project No. 2020-03, Citywide Public Safety Camera System 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 , 2021, 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 , 2021, awarded to , hereinafter designated as the Principal, a Contract for Project No. 2020-03, Citywide Public Safety Camera System. 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 , 2021, 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) Liability and Insurance Requirements 1340-4 Personal Auto Declaration Page if applicable Workers’ Compensation (per statutory requirements) Must include the following endorsements: Workers Compensation Waiver of Subrogation Workers Compensation Declaration of Sole Proprietor if applicable Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party's acts or omissions rising out of or related to Contracting Party's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder. Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contracting Party's performance under this Agreement. If Contracting Party or Contracting Party’s employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such person. The term “automobile” includes, but is not limited to, a land motor vehicle, trailer or semi-trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. 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. Liability and Insurance Requirements 1340-5 Contracting Party shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer’s liability limits no less than $1,000,000 per accident or disease. If coverage is maintained on a claims-made basis, Contracting Party shall maintain such coverage for an additional period of three (3) years following termination of the contract. Contracting Party shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased. In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contracting Party’s obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 2.3 Remedies In addition to any other remedies City may have if Contracting Party fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contracting Party to stop work under this Agreement and/or withhold any payment(s) which become due to Contracting Party hereunder until Contracting Party demonstrates compliance with the requirements hereof. c. Terminate this Agreement. 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. Liability and Insurance Requirements 1340-6 2.4 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party: 1. Contracting Party agrees to have its insurer endorse the third-party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party’s employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contracting Party shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent. 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. Liability and Insurance Requirements 1340-7 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City. 9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Contracting Party agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contracting Party’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 11. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contracting Party ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contracting Party, the City will negotiate additional compensation proportional to the increased benefit to City. 12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 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. Liability and Insurance Requirements 1340-8 Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting Party’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 16. The provisions of any workers’ compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents. 17. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 18. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. 19. The requirements in this Exhibit supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 20. Contracting Party agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contracting Party for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 21. Contracting Party agrees to provide immediate notice to City of any claim or loss against Contracting Party arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 2.5 Change in Terms The Contractor shall provide immediate written notice to the City of any change in terms and conditions and/or reduction in the coverage of any nature to the insurance policies. The notice shall be sent to: Jon McMillen, City Manager City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 General Conditions 1400-1 SECTION 1400 GENERAL CONDITIONS 1.0 GENERAL 1.1 Intent of Contract Documents Where the Plans or Specifications describe portions of the Work in general terms but not in complete detail, it is understood that only the best general practice is to prevail and that only materials and workmanship of the first quality are to be used. Unless otherwise specified, the Contractor shall furnish tools, equipment, and incidentals, and do all the work involved in executing the Contract in a satisfactory and workmanlike manner. Unless specifically noted otherwise, all sections of the Specifications and the Plans shall be complimentary and applicable to each other. In the event the materials and/or equipment are to be furnished by the City, as designated in the Specific Project Requirements or as agreed on, this shall not relieve the Contractor of the above requirements to furnish all other labor, materials, and equipment to complete the Contract. Words and abbreviations which have well known technical or trade meaning are used in the Contract Documents in accordance with such recognized meanings. 1.2 Discrepancies and Omissions Any discrepancies or omissions found in the Contract Documents shall be immediately reported to the City Engineer who will clarify discrepancies or omissions, in writing, within a reasonable time. In resolving inconsistencies among two or more sections of the Contract Documents, precedence shall be given in the following order: 1. Contract a. Agreement b. Permits c. Change Orders 2. Instruction to Bidders 3. Permits issued by other agencies 4. Specific Project Requirements 5. General Project Requirements 6. Supplementary Conditions 7. General Conditions 8. Technical Specifications 9. Standard Specifications 10. Reference Specifications 11. Plans 12. Standard Plans General Conditions 1400-2 1.3 Headings Headings to parts, divisions, sections, articles, paragraphs, subparagraphs, and forms are inserted for convenience of reference only and shall not affect the interpretation of the Contract Documents. 1.4 Penalty for Collusion If, at any time, it is found that the person, firm, or corporation to whom the Contract has been awarded has, in presenting any bid or bids, colluded with any other party or parties, then the Contract shall be null and void, and the Contractor and its sureties shall be liable for loss or damage which the City may suffer thereby, and the City may advertise for new bids for said Work. 1.5 Successors and Assigns The City and the Contractor, respectively, bind themselves, their partners, successors, assigns, and legal representatives to the other party hereto and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants, contracts, agreements, and obligation contained in the Contract Documents. Neither party to the Contract shall assign the Contract or sublet it as a whole without the written consent of the other. 1.6 Assignment to the City Pursuant to Public Contract Code 4551, in entering into the Contract and all subcontracts, to supply goods, services, or materials pursuant to the Contract, the Contractor and its subcontractors offer and agree to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the Contract and subcontracts. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgment by the parties. 1.7 Rights and Remedies The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to, and not a limitation of, any duties, obligations, rights, and remedies otherwise imposed or available by law. No action or failure to act by the City and its representatives or the consultants, shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. General Conditions 1400-3 1.8 Definitions Unless otherwise stated, the words directed, required, permitted, ordered, instructed, designated, applicable, appropriate, sufficient, proper, desirable, necessary, prescribed, approved, acceptable, satisfactory or words of like import, refer to actions, expressions, and prerogatives of the City, the City Engineer. Masculine gender words include the feminine. References to gender, such as "workman" and "flagman" and the pronouns "he" or "his" referring to such titles, are abstract in the specifications, used for the sake of brevity are intended to refer to persons of either sex. Singular words include the plural and "person" includes firms, companies, and corporations. Where used in the Contract Documents, the following words and terms shall have the meanings indicated. The meanings shall be applicable to the singular, plural, masculine, and feminine of the words and terms. Acceptance - The formal written acceptance by the City of an entire Contract which has been completed in all respects in accordance with the Contract Documents and any modifications thereof previously approved. Act of God - An earthquake, flood, cyclone, or other cataclysmic phenomenon of nature. A rain, windstorm, high water, or other natural phenomenon, which might reasonably have been anticipated from historical records of the general locality of the work, shall not be construed as an Act of God. Addenda - Written or graphic instruments issued prior to the bid which modify or interpret the Contract Documents, drawings, and specifications, by additions, deletions, clarifications, or corrections. Architect - The Architect responsible for the preparation of plans and specifications for the City of La Quinta Bid - The offer or proposal of the Bidder submitted on the prescribed form setting forth the price for the work to be performed. Bond(s)- Bid, Performance, or Payment Bonds and other instruments of surety, furnished by the Contractor and Contractor's surety in accordance with the Contract Documents. Bidder - Any properly licensed and qualified individual, firm, partnership, corporation, joint venture, or combination thereof, submitting a proposal for the work contemplated, acting directly or through a duly authorized representative. Calendar Day - Any day including legal holidays, Saturdays and Sundays. General Conditions 1400-4 City - The City of La Quinta, a Municipal Corporation in the State of California. City Engineer - The person designated, in writing, by the City to act as its representative at the construction site and to perform construction inspection services and administrative functions relating to this Contract. Initial contact by the Contractor with the City shall be through the City Engineer. City Representative - The person designated in writing by the City to act as its agent on specified matters relating to this Contract. The City's Representative is not the City Engineer but is another individual who has been designated to represent the City. Contract - The written document covering the performance of the Work as more fully described in, but not limited to, the plans, standard specifications, special and technical provisions, Contract bonds, proposal, addenda, and Contract Change Orders. Contract Change Order - A written order to the Contractor, covering changes in the plans or quantities, or both, and establishing the basis of payment and time adjustments for the work affected by the changes. Also referred to as a Change Order. Contract Documents - The words "Contract Documents" shall mean any or all of, but not limited to, the following items, as applicable: Invitation to Bid Instructions to Bidders Bid Documents Designation of Subcontractors Bid Guaranty Bond Contract Acknowledgments Performance Bond Payment Bond General Conditions Supplementary General Conditions General Project Requirements Specific Project Requirements Standard Specifications State Standard Specifications Project Plans Standard Drawings Addenda, if any Executed Change Orders, if any Notice of Award Notice to Proceed Permits from other agencies Each of these items is to be considered by reference as part of the Contract Documents, also referred to as Contract. General Conditions 1400-5 Contract Price - The amount payable to the Contractor under the terms and conditions of the Contract based on the price given on the bidding schedule, with adjustments made in accordance with the Contract. The base amount given in the bidding schedule shall be either a lump sum bid or the summation of the unit price bids multiplied by the estimated quantities set forth in the bid form. Also referred to as Contract Amount or Contract Sum. Contract Time - Number of calendar days stated in the Contract for the completion of the Work. Contract Completion Date - The date on which the City accepts the work as being complete. Contractor - The person or persons, firms, partnership, corporation, or combination thereof, who have entered with the City, as party or parties of the second part of his or their legal representatives. Contractor's Plant and Equipment - Equipment, material, supplies, and all other items, except labor, brought onto the site by the Contractor to carry out the Work, but not to be incorporated in the Work. Consultant - Individuals and/or companies retained by the City to provide specific professional services. Day(s)- Calendar Day(s); unless contract time is indicated in working days. Direct - Action of the City or City Engineer by which the Contractor is ordered to perform or refrain from performing work under the Contract. Field Directive - Written documentation of the actions of the City or City Engineer in directing the Contractor. Also referred to as a Directive. Field Order - A written instruction given to the Contractor authorizing work that is a change to the scope of work carried out on a time and material basis. Furnish - To deliver to the job site or other specified location any item, equipment, or material. General Conditions - Part of the Contract Documents representing the general clauses that establishes how the project is to be administered. General Project Requirements - Part of the Contract Documents establishing general conditions or requirements peculiar to the way public works projects are performed in the City of La Quinta. Herein - Refers to information presented in the Project Manual. General Conditions 1400-6 Holidays - Legal holidays designated by the City or specifically identified in the Contract. Install - Placing, erecting, or constructing any item, equipment, or material. Laboratory - The designated materials testing laboratory authorized by the City to test materials and work involved in the Contract. Liquidated Damages - A fixed amount as prescribed in Paragraph 1500-3.0, to be paid to the City or to be deducted from any payments due, or to become due, to the Contractor as a result of the Contractor not completing the work in the time allowed in the specifications. Notice of Award - A written notice by the City to the Bidder informing him that the Contract has been awarded to him. Notice to Proceed - The written notice by the City to the Contractor authorizing him to proceed with the Work and establishing the date of commencement of the Work. Paragraph - For references or citation purposes, refers to the paragraph(s) in these Specifications, called out by paragraph number and alphanumeric designator. Person - Includes firms, companies, corporations, partnerships, and joint ventures. Plans - Refers to the project plans drawings, profiles, cross sections, elevations, details, and other working drawings and supplementary drawings, or reproductions thereof, approved by the City, and are referred to in the Contract Documents, which show the location, character, dimensions, and details of the work to be performed. The terms drawing, plan and plans have the same meaning as the term drawings unless otherwise stated or specified. Project - The undertaking to be performed under the provisions of the Contract. Project Manual - Those Contract Documents which are bound into one or more volumes prior to bidding. Provide - Furnish and install, complete in place. Punch List - List of incomplete items of work and of items of work which are not in conformance with the Contract. Shall - Refers to actions by either the Contractor or the City and means the Contractor or City has entered into a covenant with the other party to do or perform the action. General Conditions 1400-7 Shown - Refers to information presented on the Drawings, with or without reference to the Drawings. Site - The property as described in the General Conditions or as shown on the Drawings. Specific Project Requirements - Part of the Contract Documents establishing specific conditions or requirements peculiar to the work. Specifications - That part of the Contract Documents consisting of the General Conditions, Supplementary General Conditions, General Project Requirements, Specific Project Requirements, applicable portions of the Standard Specifications and State Standard Specifications, and Technical Specifications. Specify - Refers to information described, shown, noted or presented in any manner in any part of the Contract. Standard Specifications - Standard Specifications for Public Works Construction, latest edition, including all supplements, as written by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of the Associated General Contractors of California. State Standard Specifications - The State of California, Department of Transportation Agency's Standard Specifications in effect at the time of advertising the Work. Also referred to as State Standard Specifications and Caltrans Standard Specifications. Subcontractor - A subcontractor is a person or entity who has a direct contract with the Contractor to perform any of the Work at the Site. The term subcontractor means a subcontractor or subcontractor's authorized representative. The term subcontractor, does not include any separate contractor or any separate contractor's subcontractors. Submittals - The information which is specified for submission to the City Engineer in accordance with the Project Manual. Substantial Completion - Substantial Completion is the stage in the progress of the Work when the Work is sufficiently complete in accordance with the Contract Documents so the City can occupy or utilize the Work for its intended use. Sub-subcontractor - A sub-subcontractor is a person or entity who has a direct or indirect contract with a subcontractor to perform any of the Work at the Site. The term sub-subcontractor means a sub-subcontractor or an authorized representative thereof. General Conditions 1400-8 Supplier - Any person, firm, corporation, or organization who supplies materials or equipment for the Work, including that fabricated to a special design, and may also be a Subcontractor or a Sub-subcontractor. Surety - The person, firm, corporation, or organization that joins with the Contractor in assuming the liability for the faithful performance of the Work and for the payment of all obligations pertaining to the Work in accordance with the Contract Documents by issuing the Bonds required by the Contract Documents or by law. Will - Actions entered into by the Contractor or the City as a covenant with the other party to do or to perform the action. Work - The labor, materials, equipment, supplies, and other items necessary for the execution, completion, and fulfillment of the Contract. Working Day - Any day, other than a holiday, Saturday or Sunday, on which the Contractor may proceed with regular work on the current controlling operation as determined by the City Engineer toward the completion of the Contract. A working day is equivalent to 1.45 calendar days. 2.0 ADMINISTRATION 2.1 Administration of the Contract The City Engineer will provide administration of the Contract as hereinafter discussed. The duties, responsibilities and limitations of authority of City retained consultants and the City Engineer during the construction, as set forth in the Contract Documents, will not be modified or extended without written consent of the City. In case of the termination of the employment of a consultant or the City Engineer, the City will appoint a consultant or a City Engineer whose status under the Contract Documents shall be that of the former consultant or City Engineer, respectively. 2.2 City Engineer 2.2.1 General - The City Engineer has the authority to act on behalf of the City on change orders, progress payments, Contract decisions, acceptability of the Contractor's work, and early possession. 2.2.2 Change Orders - The City Engineer has the authority to accept or reject change orders and cost proposals submitted by the Contractor or as recommended by the City Engineer. 2.2.3 Progress Payments - The City Engineer has the authority to accept or reject requests for progress payments which have been submitted by the Contractor. General Conditions 1400-9 2.2.4 Contract Decisions - Should the Contractor disagree with decisions rendered under this Contract, the Contractor may appeal to the City Engineer in accordance with the provisions of the Contract. 2.2.5 Acceptability of Work - The City Engineer has the authority to make the final determination of the acceptability of the Work. 2.2.6 Construction Schedule - The City Engineer has the authority to review and recommend acceptance of the progress schedule submitted by the Contractor at the start of the Work and subsequent significant revisions for conformance to the specified sequence of work and logic. 2.2.7 Inspection - The City Engineer with the assistance of inspectors will observe the progress, quality, and quantity of the Work to determine, in general, if the Work is proceeding in accordance with the intent of the Contract Documents. The City Engineer shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work. In accordance with the provisions detailed elsewhere in these General Conditions, the City Engineer will make decisions relative to all matters of interpretation or execution of the Contract Documents. 2.3 Consultants 2.3.1 General - Consultants will have the authority to act on behalf of the City only to the extent provided in the Supplemental General Conditions. 3.0 City 3.1 General The City, acting through the City Engineer, shall have the authority to act as the sole judge of the Work and materials with respect to both quantity and quality as set forth in the Contract. 3.2 Attention to Work The City shall notify the Contractor in writing of the name of individuals designated as representatives of the City Engineer. The representative will normally be at the Site of the Work. During the representative's absences, the Contractor may contact the City Engineer or a previously designated representative. General Conditions 1400-10 3.3 Inspection The City will employ one or more inspectors to observe the Work and to act in matters of construction under this Contract. An inspector is not authorized to revoke, alter, or waive any requirements of the specifications. The inspector is authorized to call the attention of the Contractor to any failure of the Work or materials to conform to the Contract Documents. The inspector shall have the authority to reject material or, in any emergency, suspend the Work. The Contractor may appeal any such issue which it disagrees with to the City Engineer. Contractor shall call in daily for inspections, unless otherwise approved by the City, at Public Works Inspection Hotline 760-777-7097. Concrete inspections will be required separately for all stages of the work: subgrade; forming; and pouring. Separate and independent from the inspection above, the project may be inspected by Building Officials for code compliance. Such inspectors shall have the authority provided to them by local jurisdiction. 3.4 City's Right to Carry Out the Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within seven (7) days after receipt of written notice from the City to commence and continue correction of such default or neglect with diligence and promptness, the City may, after seven (7) days following receipt by the Contractor of an additional written notice and without prejudice to any other remedy make good such deficiencies. The City also reserves the right to perform any portion of the work due to an emergency threatening the safety of the Work, public, City, and any property or equipment. In either case an appropriate Change Order shall be issued unilaterally deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies and/or for performing such work, including compensation for consultants and City's additional services made necessary by such default, neglect, failure or emergency. 3.5 City's Right to Perform Work and to Award Separate Contracts The City reserves the right to perform the work related to the Project with the City's own forces, and to award separate Contracts in connection with other portions of the Project or other work on the Site under these or similar Conditions of the Contract. If the Contractor claims that delay, damage, or additional cost is involved because of such action by the City, the Contractor shall make such claim as provided elsewhere in the Contract Documents. General Conditions 1400-11 When separate Contracts are awarded for different portions of the Project or other work on the Site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Contract. The City will provide for the coordination of the work of the City's own forces and of each separate Contractor with the Work of the Contractor, who shall cooperate therewith as provided in Paragraph 1400-4.8.3, Cooperation. 4.0 CONTRACTOR 4.1 Office The Contractor's address stated in the Bid is hereby designated as the legal address of the Contractor for the receipt of documents, samples, notices, letters, and other Articles of communication. 4.2 Contractor's Representative The Contractor shall notify the City in writing of the name of the person who will act as the Contractor's representative and shall have the authority to act in matters relating to this Contract. The Contractor, acting through its representative, shall give personal attention to, and shall manage the Work, so that it shall be prosecuted faithfully. The Contractor's representative shall be an employee of the Contractor. Upon written request of the Contractor, this requirement may be waived by the City. The City's waiver, if granted will be in writing. There is no obligation by the City to waive this provision regardless of the effect on the Contractor's operations. At all times during the progress of the Work, the Contractor's representative shall be personally present at the Project site, or a designated alternate shall be available who has the authority to act in matters relating to the Contract. The Contractor's representative or designated alternate shall have the authority to carry out the provisions of the Contract and to supply materials, equipment, tools, and labor without delay for the performance of the Work. Before initial work is begun on the Contract, the Contractor shall file with the City Engineer addresses and telephone numbers where the Contractor's and all subcontractors' representatives can be reached during all hours, including nights and weekends when work is not in progress. 4.3 Construction Procedures The Contractor will supervise and direct the work. The Contractor has the authority to determine the means, methods, techniques, sequences, and procedures of construction, except in those instances where the City, to define the quality of an item of work, specifies in the Contract, a means, method, technique, sequence, or procedure for construction of that item of Work. General Conditions 1400-12 4.4 Contractor's Employees The Contractor shall be responsible for the adequacy, efficiency, and sufficiency of its employees. Workers shall have sufficient knowledge, skill, and experience to perform properly the work assigned to them. The Contractor shall employ only competent, skillful workers to perform the Work. If any subcontractor or person employed by the Contractor or its subcontractors, appear to the City Engineer to be incompetent or act in a disorderly or improper manner, such person or subcontractor shall be discharged from the site immediately by the Contractor upon written direction of the City Engineer, and such person shall not again be employed on the Project. 4.5 Subcontractors Subcontractors will not be recognized as having a direct relationship with the City. The persons engaged in the Work, including employees of subcontractors and suppliers, will be considered employees of the Contractor. The Contractor will be responsible for their work and their work shall be subject to the provisions of the Contract. The Contractor is as fully responsible to the City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by them as the Contractor is for the acts and omissions of persons directly employed by the Contractor. Nothing contained in the Contract Documents shall create any contractual relation between any subcontractor and the City. References in the Contract Document to actions required of subcontractors, manufacturers, suppliers, or any party other than the Contractor, the City, the City Engineer, its consultants shall be interpreted as requiring that the Contractor shall require such subcontractor, manufacturer, supplier, utility company, or party to perform the specified action, unless the Contract Documents specifically state that the Work is not included in the Contract. The Contractor shall not employ any subcontractors that are not properly licensed in accordance with State law. Prior to commencement of any work by a subcontractor, the Contractor shall submit verification to the City Engineer that the subcontractor is properly licensed for the work it will perform. Changes to subcontractors listed in the Bid in accordance with Public Contract Code 4100 et. seq., shall be made only with the approval of the City. 4.6 Contractor's Equipment and Facilities The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws. General Conditions 1400-13 4.7 Public Safety and Convenience The Contractor shall conduct its work so as to insure the least possible obstruction to traffic and inconvenience to the general public and the residents in the vicinity of the Work and to insure the protection of persons and property at no extra cost to the City. The Contractor shall have under construction no greater length or amount of work than he can prosecute properly with due regard to the rights of the public. 4.8 City-Contractor Coordination 4.8.1 Service of Notice - Notice, order, direction, request, or other communication given by the City or the City Engineer to the Contractor shall be deemed to be well and sufficiently given to the Contractor if delivered to the Contractor's Representative designated in Paragraph 1400-4.2, Contractor's Representative, to the Contractor's office designated in Paragraph 1400-4.1, Office, or to the Contractor's address provided in the Bid Proposal. 4.8.2 Suggestions to Contractor - Plans or methods of work suggested by the City, City Engineer or authorized representatives to the Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor. The City, City Engineer, or authorized representatives assume no responsibility therefor, and in no way will be held liable for any defects in the Work which may result from or be caused by use of such plan or method of work. 4.8.3 Cooperation - The Contractor shall afford the City, the City Engineer and separate Contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work and shall coordinate the Work with theirs as required by the Contract Documents. If any part of the Contractor's Work depends for proper execution or results upon the work of the City or any separate Contractor, the Contractor shall, prior to proceeding with the Work, promptly report to the City Engineer any apparent discrepancies or defects in such other work that render it unsuitable for such proper execution and results. Failure of the Contractor to so report shall constitute an acceptance of the City's or separate Contractor's work as fit and proper to receive the Work, except as to defects which may subsequently become apparent in such work by others. If requested by the Contractor, the City shall arrange meetings with other contractors performing work on behalf of the City to plan coordination of construction activities. The City shall keep the Contractor informed of the planned activities of other contractors. General Conditions 1400-14 Any costs caused by defective or ill-timed work shall be borne by the responsible party. Differences and conflicts arising between the Contractor and other contractors employed by the City or between the Contractor and the workers of the City with regard to their work, shall be submitted to the City for its decision in the matter. If such separate contractor sues the City on account of any delay or damage alleged to have been caused by the Contractor, the City shall notify the Contractor who shall, at the City's election, defend such proceedings at the Contractor's expense. If any judgement or award against the City arises from any such litigation whether defended by City or by Contractor, the Contractor shall pay or satisfy said judgement or award and shall reimburse the City for all attorney's fees and court costs which the City has incurred or for which it is liable. 4.9 Permits Unless specifically stated to be provided by the City, Contractor shall apply for, obtain, and comply with all the terms, conditions and requirements attached to all permits, bonds and licenses required by local, state, or federal agencies to perform work, construct, erect, test and startup of any equipment or facility for this Contract. Where operating permits are required, the Contractor shall apply for and obtain such operating permits in the name of the City and provide the permit in an appropriate frame or file holder when the City accepts substantial completion of the equipment or facility. The Contractor shall give all notices necessary or incidental to the due and lawful prosecution of the work. Any permits, bonds, licenses and fees therefore required for the performance of work under this Contract and not specifically mentioned herein as having been obtained and paid by the City shall be included in the Contractor's bid price. The Contractor shall apply for and obtain in its name the necessary building, plumbing and electrical permits and shall be responsible for satisfying all code requirements, calling for inspections, and obtaining final approvals. Code inspections will be coordinated by the City Engineer. The Contractor shall comply with all construction conditions stipulated in the permits. The Contractor shall include in its bid the fees for any permits required. The Contractor shall apply for and obtain all safety permits for excavations, tunneling, trenches, construction (building structure, scaffolding, or falsework) and demolition required by CAL/OSHA including but not limited to, the permits required by Labor Code Section 6500. General Conditions 1400-15 4.10 Contractor's Responsibility for the Work and Materials Until acceptance of the Work, the Contractor shall have the charge and care of the Work and of the materials to be used therein and shall bear the risk of injury, loss, or damage, to any part thereof (regardless of whether partial payments have been made on such damaged portions of the Work) by the action of the elements or from any other cause, whether arising from the non-execution of the Work. The Contractor shall rebuild, repair, restore, and make good all injuries, losses, or damages to any portion of the Work or the materials occasioned by any cause before its completion and acceptance and shall bear the expense thereof, except for such injuries, losses, or damages as are directly and approximately caused by acts of the City. 4.11 Laws to be Observed The Contractor shall keep himself fully informed of all existing and future County, State, and National laws and regulations and all municipal ordinances and regulations of the City which in any manner affect those engaged or employed in the Work and of all such orders and decrees of bodies having any jurisdiction or authority over the same; and shall protect and indemnify the City and all of its officers, agents, and servants against any claim or liability arising from or based on the violation of any such laws, ordinances, regulations, orders, or decrees whether by himself or its employees. If any discrepancy or inconsistency is discovered in the plans, drawings, specifications or Contract for the Work in relation to any such law, ordinance, regulations, order or decree, the Contractor shall immediately report the same to the City Engineer in writing. 4.11.1 Construction Registration with California Department of Industrial Relations - A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public works, as defined in Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 the Labor Code, unless currently registered and qualified to perform public works pursuant to Section 1725.5 of the Labor Code. Prior to March 1, 2015, it is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public works pursuant to Section 1725.5 of the Labor Code prior to April 1, 2015. Effective March 1, 2015, only contractors and subcontractors that are registered to perform public works pursuant to Section 1725.5 of the Labor Code may submit a bid for a public works project. Effective April 1, 2015, contractors and subcontractors not registered to perform public works pursuant to Section 1725.5 of the Labor Code may not engage in the performance of a public works project awarded after April 1, 2015. General Conditions 1400-16 4.11.2 Prevailing Wage - In accordance with Section 1770 of the Labor Code, the City has ascertained and does hereby specify that the prevailing wage rates shall be those provided in Article 1110-20.0, WAGE RATES. The said rates shall include all employer payments that are required by Section 1773.1 of the Labor Code. The City will furnish to the Contractor, upon request, a copy of such prevailing rates. It shall be the duty of the Contractor to post a copy of such prevailing wages at the job site. For each worker paid less than the stipulated rate in the execution of the Contract by the Contractor, or any subcontractor under him, in violation of the provisions of the Labor Code, and in particular, Section 1770 to Section 1780, inclusive, the Contractor shall be subject to the provisions and penalties of Section 1775 of the Labor Code. In addition to said penalty, and pursuant to said Section 1775, the difference between such stipulated prevailing wage rates and the amounts paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the stipulated prevailing rate shall be paid to each worker by the Contractor. The wage rates set forth are the minimum that may be paid by the Contractor. Nothing herein contained shall be construed as preventing the Contractor from paying more than the minimum set forth. No extra compensation whatever shall be allowed by the City due to the inability of the Contractor to hire labor at the minimum rate nor for any necessity for payment by the Contractor for subsistence, travel time, overtime, or other added compensation, all of which possibilities are elements to be considered and ascertained to the Contractor's own satisfaction in preparing the bid. If it becomes necessary to employ a craft other than those listed, the Contractor shall notify the City immediately and the City will determine the additional prevailing rate from the Director of the Department of Industrial Relations and the rate thus determined shall be applicable as a minimum at the time of initial employment. The Contractor shall pay travel and subsistence payments to workers needed to execute the work as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed with the Department of Industrial Relations pursuant to Labor Code Section 1773.8. Pursuant to Labor Code section 1771.1, no contractor or subcontractor may be listed on a bid proposal for a public works project submitted on or after March 1, 2015 unless registered with the California Department of Industrial Relations. Furthermore, all bidders and contractors are hereby notified that no contractor or subcontractor may be awarded, on or after April 1, 2015, a contract for public work on a public works project unless registered with the Department of Industrial Relations. General Conditions 1400-17 Pursuant to Labor Code section 1771.4, all bidders and contractors are hereby notified that this project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations. 4.11.3 Certified Payrolls - In accordance with Section 1776 of the Labor Code, each Contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time, and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the project. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis: a.Pursuant to SB854, all contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement). All contractors and subcontractors must also provide a copy and proof to the City of online submittal within 2 days of online submission. b. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request. c. A certified copy of all payroll records shall be made available for inspection or furnished upon request to a representative of the City, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations. d. A certified copy of all payroll records shall be made available upon request by the public in accordance with Section 1776 of the Labor Code. The Contractor is responsible for its and its subcontractors compliance with the provisions of Section 1776 of the Labor Code. 4.11.4 Overtime Requirements - The Contractor shall forfeit, as a penalty to the City, the penalty as provided in Section 1813 of the Labor Code for each worker employed in the execution of the Contract by the Contractor, or any subcontractor under the Contractor, for each day during which such worker is required or permitted to work more than eight (8) hours in any one day and forty (40) hours in any one week, in violation of the provisions of the Labor Code, and in particular, Section 1810 to Section 1815 thereof, inclusive, except that work performed by employees of Contractors in excess of eight (8) hours a day and forty (40) hours during one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day, at not less than one and a half (1½) times the basic rate of pay as provided for in Section 1815 of the Labor Code. General Conditions 1400-18 4.11.5 Apprentice and Trainee - Attention is directed to the provisions in Section 1777.5 of the Labor Code and in accordance with the regulations of the California Apprenticeship Council concerning the employment of apprentices by the Contractor or any subcontractor under the Contractor. Section 1777.5 requires the Contractor or subcontractors employing tradespersons in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the project and which administers the apprenticeship program in that trade for a certificate of approval. The Contractor and subcontractors are required to submit contract award information to the applicable joint apprenticeship committee. As provided for in Section 1777.5 of the Labor Code, the Contractor is required to make contributions to funds established for the administration of apprenticeship programs. It shall be the responsibility of the Contractor to abide by the provisions of Section 1777.5 (except 1777.5(b)) of the Labor Code and to require all subcontractors employed by or contracting with the Contractor to abide by said provisions. The Contractor shall furnish the City any and all evidence of compliance with this code section when requested by the City. For failure to comply with Section 1777.5 (except 1777.5(b)) of the Labor Code, the Contractor shall be subject to the penalties in Section 1777.7 of the Labor Code. 4.11.6 Workers' Compensation Insurance - The Contractor is required to secure the payment of compensation to its employees in accordance with the provisions of Sections 1860 and 3700 of the Labor Code and Paragraph 1340-2.4 Workers' Compensation Insurance 4.12 Safety The Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. Safety provisions shall conform to U.S. Department of Labor (OSHA), the California Occupational Safety and Health Act, and all other applicable Federal, State, County, and local laws, ordinances, codes, the requirements set forth below, and any regulations that may be detailed in other parts of these Documents. Where any of these are in conflict, the more stringent requirement shall be followed. The completed Work shall include all necessary permanent safety devices, such as machinery guards and similar ordinary safety items, required by the State and Federal (OSHA) industrial authorities and applicable local and national codes. Further, any features of the Work, including City-selected equipment, subject to such safety regulations shall be fabricated, furnished, and installed in compliance with these requirements. All equipment furnished shall be grounded and provided with guards and protection as required by safety codes. General Conditions 1400-19 Where vapor-tight or explosion-proof electrical installation is required by safety codes, this shall be provided. Contractors and manufacturers of equipment shall be held responsible for compliance with the requirements included herein. The Contractor shall notify all equipment suppliers and subcontractors of the provisions of this paragraph. Before proceeding with any construction work, the Contractor shall take the necessary action to comply with all provisions for safety and accident prevention. The Contractor shall develop and maintain for the duration of this Contract, a safety program that will effectively incorporate and implement all required safety provisions. The Contractor shall appoint an employee as safety supervisor who is qualified and authorized to supervise and enforce compliance with the safety program. The Contractor, as a part of his safety program, shall maintain at his office or other well-known place at the Site, safety equipment applicable to the Work as prescribed by the aforementioned authorities, all items necessary for giving first aid to the injured, and shall establish the procedure for the immediate removal to a hospital or a doctor's care of persons who may be injured on the job site. In accordance with the provisions of Section 6705 of the Labor Code, the Contractor shall submit, in advance of excavation 5 feet or more in depth, detailed plans showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from hazard of caving ground during such excavation. If such Plans vary from the shoring system standards set forth in the Construction Safety Orders in Title 8, California Code of Regulations, Article 6, the Plans shall be prepared and signed by a registered civil or structural engineer. Shoring, bracing, sloping, or other protective system shall not be less effective than required by the California Construction Safety orders. If death or serious injuries or serious damages are caused, the accident shall be reported immediately by telephone or messenger to the City. In addition, the Contractor must promptly report in writing to the City Engineer all accidents whatsoever arising out of, or in connection with, the performance of the Work whether on, or adjacent to, the Site, giving full details and statements of witnesses. The Contractor shall make all reports as are, or may be, required by any authority having jurisdiction, and permit all safety inspections of the work being performed under this Contract. If a claim is made by anyone against the Contractor or any subcontractor on account of any accident, the Contractor shall promptly report the facts in writing to the City Engineer, giving full details of the claim. 5.0 CONTROL OF WORK AND MATERIALS 5.1 Means and Methods It is expressly stipulated that the drawings, specifications and other Contract Documents set forth the requirements as to the nature of the completed Work and do not purport to control the method of performing work except in those instances where the nature of the completed Work is dependent on the method of performance. General Conditions 1400-20 Except as provided elsewhere in the Contract Documents, neither the City, its consultants, or the City Engineer will be responsible for or have control or charge of construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work. Except as provided elsewhere in the Contract Documents, neither the City, its consultants, or the City Engineer will be responsible for or have control or charge over the acts or omissions of the Contractor, or any of their subcontractors, agents or employees, or any other persons performing any of the Work. Any general control of the Work exercised by the City or its authorized representatives shall not make the Contractor an agent of the City, and the liability of the Contractor for all damages to persons and/or to public or private property arising from the Contractor's execution of the Work shall not be lessened because of such general control. Neither the inspection by the City, its consultants, or the City Engineer, nor any order, measurement, approved modification, or payment of monies, nor acceptance of any part or whole of the Work by the City, the City Engineer or the consultant, or their agents, shall operate as a waiver of any provision of the Contract. Acceptance by the City, it consultants, or the City Engineer of any drawings, methods of work, or any information regarding materials and equipment the Contractor proposes to furnish in the Work shall not be regarded as an assumption of risks or liability by the City, its consultants, or the City Engineer, or any officer or employee thereof, and the Contractor shall have no claim under the Contract on account of the failure or partial failure or inefficiency or insufficiency of any plan or method of work or material and equipment so accepted. Such acceptance shall be considered to mean merely that the City, its consultants, or the City Engineer has no objection to the Contractor using, upon its own full responsibility, the plan or method of work proposed, or furnishing the materials and equipment proposed. 5.2 City-Furnished Materials Materials, if furnished by the City, will be made available as designated in the Specific Project Requirements. The cost of loading, unloading, hauling and handling, and placing City-furnished materials shall be considered as included in the price bid for the Contract item involving such City-furnished material. Contractor shall inspect and assure himself of the amount and soundness of such materials. The Contractor will be held responsible for all materials furnished to it and shall pay all demurrage and storage charges. City-furnished materials lost or damaged from any cause whatsoever shall be replaced by the Contractor. The Contractor will be liable to the City for the cost of replacing City-furnished material and such costs may be deducted from any monies due or to become due the Contractor. General Conditions 1400-21 5.3 Defective and Unauthorized Work Materials and workmanship not conforming to the requirements of the Contract Documents shall be considered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the Site by the Contractor, at its expense, when so directed by the City Engineer. Any work done beyond the limits of work, lines, and grades shown on any approved plans or established by the City Engineer, or any extra work done without written authority, will be considered as unauthorized and will not be paid for. Upon failure on the part of the Contractor to comply with any order of the City Engineer made under the provisions of this section, the City Engineer shall have authority to cause defective work to be remedied, or removed and replaced, and unauthorized work to be removed, and to deduct the costs thereof from any monies due or to become due the Contractor. The time, cost and compliance requirements stipulated in Paragraph 1400-3.4, City's Right to Carry Out the Work, shall apply for this paragraph also. 5.4 Unnoticed Defects Any defective work or material that may be discovered by the City, its consultants, or the City Engineer before the final acceptance of the Work, or before final payment has been made, or during the warranty period, shall be removed and replaced by work and materials which shall conform to the provisions of the Contract Documents. Failure on the part of the City, its consultants, or the City Engineer to condemn or reject bad or inferior work or materials shall not be construed to imply acceptance of such work or materials. 5.5 Right to Retain Imperfect Work If any part or portion of the work performed or material furnished under this Contract shall prove defective and not in accordance with the Drawings and Specifications, and if the imperfection in the same shall not be of sufficient magnitude or importance as to make the work dangerous or unsuitable, or if the removal of such work will create conditions which are dangerous or undesirable, the City shall have the right and authority to retain such work but shall make such deductions in the final payment therefor as may be just and reasonable. General Conditions 1400-22 6.0PROGRESS OF THE WORK 6.1 Beginning of Work The Contractor shall begin work within ten (10) days after receiving Notice to Proceed and shall diligently prosecute the same to completion within the time limit. Should the Contractor begin work in advance of receiving Notice to Proceed, any work performed in advance of the said date of approval shall be considered as having been done by the Contractor at its own risk and as a volunteer. 6.2 Time of Completion Time shall be of the essence of the Contract. The Contractor shall prosecute the work so that the various portions of the project shall be complete and ready for use within the time specified in Paragraph 3000-1.6 TIME ALLOWED FOR COMPLETION. It is expressly understood and agreed by and between the Contractor and the City that the Contract time for completion of the work described herein is a reasonable time taking into consideration the average climatic and economic conditions and other factors prevailing in the locality and the nature of the work. 6.3 Delays 6.3.1 Notice of Delays - When the Contractor foresees a delay in the prosecution of the Work and, in any event, immediately upon the occurrence of a delay, the Contractor shall notify the City Engineer in writing of the probability of the occurrence and the estimated extent of the delay, and its cause. The Contractor shall take immediate steps to prevent, if possible the occurrence or continuance of the delay. The Contractor agrees that no claim shall be made for delays which are not called to the attention of the City Engineer at the time of their occurrence. 6.3.2 Avoidable Delays - Avoidable delays in the prosecution of the Work shall include delays which could have been avoided by the exercise of care, prudence, foresight, and diligence on the part of the Contractor or its subcontractors, at any tier level, or suppliers. 6.3.3 Unavoidable Delays - Unavoidable delays in the prosecution or completion of the Work shall include delays which result from causes beyond the control of the Contractor and which could not have been avoided by the exercise of care, prudence, foresight, and diligence on the part of the Contractor or his subcontractors, at any tier level, or suppliers. Delays in completion of the Work of other Contractors employed by the City will be considered unavoidable delays insofar as they interfere with the Contractor's completion of the current critical activity item of the Work. General Conditions 1400-23 6.3.3.1 Abnormal Delays - Delays caused by acts of god, fire, unusual storms, floods, tidal waves, earthquakes, strikes, labor disputes, freight embargoes, and shortages of materials shall be considered as unavoidable delays insofar as they prevent the Contractor from proceeding with at least seventy-five (75) percent of the normal labor and equipment force for at least five (5) hours per day toward completion of the current critical activity item on the favorably reviewed progress schedule. 6.3.3.2 Material Shortages - Upon the submission of satisfactory proof to the City Engineer by the Contractor, shortages of material will be acceptable as grounds for granting a time extension. In order that such proof may be satisfactory and acceptable to the City Engineer, it must be demonstrated by the Contractor that the Contractor has made every effort to obtain such materials from all known sources within reasonable reach of the proposed Work. Only the physical shortage of material, caused by unusual circumstances, will be considered under these provisions as a cause for extension of time, and no consideration will be given to any claim that material could not be obtained at a reasonable, practical, or economical cost or price, unless it is shown to the satisfaction of the City Engineer that such material could have been obtained only at exorbitant prices entirely out of line with current rates, taking into account the quantities involved and usual practices in obtaining such quantities. A time extension for shortage of material will not be considered for material ordered or delivered late or whose availability is affected by virtue of the mishandling of procurement. The above provisions apply equally to equipment to be installed in the work. 6.4 Time Extensions 6.4.1 Avoidable Delay - The City may grant an extension of time for avoidable delays if the City deems it is in its best interest. If the City grants an extension of time for avoidable delays, the Contractor agrees to pay the City's actual costs, including charges for engineering, inspection and administration incurred during the extension. 6.4.2 Unavoidable Delay - If the Contractor is delayed in the performance of its work by an act of the City or if the Contractor is delayed in the performance of its work by an unavoidable delay, then the Contract completion date may be extended by the City for such time that, in the City's and City Engineer's opinion, the Contractor's completion date will be unavoidably delayed, provided that the Contractor strictly fulfills the following: a. The Contractor shall provide notification, in accordance with Paragraph 1400-6.3.1, Notice of Delays and submit in writing a request for an extension of time to the City Engineer stating at a minimum the probable cause of the delay and the number of days being requested. The time extension request shall be submitted in accordance with the requirements of Paragraph 2000-4.3, TIME IMPACT ANALYSIS. General Conditions 1400-24 b. If requested by the City Engineer, the Contractor shall promptly provide sufficient information to the City Engineer to assess the cause or effect of the alleged delay, or to determine if other concurrent delays affected the work. c. Weather Delays. The Contractor will be granted a non-compensable time extension for weather caused delays. Should the Contractor fail to fulfill any of the foregoing, which are considered conditions precedent to the right to receive a time extension, the Contractor waives the right to receive a time extension. Should the Contractor fail to complete the work within the time specified in the contract, as extended in accordance with this clause if appropriate, the Contractor shall pay to the City liquidated damages in accordance with Section 1500, Paragraph 1500- 2.1, Liquidated Damages. During such extension of time, neither extra compensation for engineering, inspection and administration nor damages for delay will be charged to the Contractor. It is understood and agreed by the Contractor and City that time extensions due to unavoidable delays will be granted only if such unavoidable delays involve controlling operations which would prevent completion of the whole Work within the specified Contract time. 6.4.3 Indirect Overhead - The Contractor shall be reimbursed for indirect overhead expenses for periods of time when the Work is stopped due to delays as defined in Paragraph 1400-6.3.3, Unavoidable Delay. However, no reimbursement for indirect overhead shall be made for delays as defined in Paragraphs 1400-6.3.3.1, Abnormal Delays; 1400-6.4.2c, Weather Delays; or 1400-6.3.3.3, Material Shortages. As a condition precedent to any reimbursement, the Contractor must fulfill all conditions as provided in Paragraph 1400-6.4.2, Unavoidable Delay. The reimbursement of indirect overhead is limited to those delay conditions defined above when the Contractor is prevented from proceeding with seventy-five (75) percent of the normal labor and equipment force for at least five (5) hours per day toward completion of the current critical activity item(s) on the current favorably reviewed progress schedule. 6.4.3.1 Indirect Field Overhead - For those allowable delay periods as defined in Paragraph 1400-6.4.3, Indirect Overhead, the Contractor shall be reimbursed for its indirect field overhead based on: a. Invoices for all field office equipment. b. Actual salary for field office staff. General Conditions 1400-25 c. Fair rental values acceptable to the City Engineer as described in Paragraph 1400-8.3, Force Account Payment for construction equipment idled due to the delay. 6.4.3.2 Home Office Overhead - For those allowable delay periods as defined in Paragraph 1400-6.4.3, Indirect Overhead, the Contractor shall be reimbursed for its home office overhead based on the following formula: Contract Bid Price divided by Contract Period Days x $0.03 = Daily Home Office Overhead ($/Day) Such reimbursement shall be mutually agreed between the City and Contractor to encompass full payment for any home office overhead expenses for such periods of time for the Contractor and all subcontractors. The Contractor agrees to hold the City harmless for any indirect overhead claims from its subcontractors. 6.5 Temporary Suspension of Work 6.5.1 If the Contractor fails to correct defective work as required by Paragraph 1400-5.3, Defective and Unauthorized Work, or fails to carry out the Work in accordance with the Contract Documents or any other applicable rules and regulations, the City, by a written order of the City Engineer or a representative specifically empowered to do so, may order the Contractor to stop the work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the City to stop the Work shall not give rise to any duty on the part of the City to exercise this right for the benefit of the Contractor or any other person or entity. All delays in the Work occasioned by such stoppage shall not relieve the Contractor of any duty to perform the Work or serve to extend the time for its completion. Any and all necessary corrective work done in order to comply with the Contract Documents shall be performed at no cost to the City. 6.5.2 In the event that a suspension of Work is ordered, as provided in this paragraph, the Contractor, at its expense, shall perform all work necessary to provide a safe, smooth, and unobstructed passageway through construction for use by public, pedestrian, and vehicular traffic, during the period of such use by suspension. Should the Contractor fail to perform the Work as specified, the City may perform such work and the cost thereof may be deducted from monies due the Contractor under the Contract. 6.5.3 The City shall also have authority to suspend the Work wholly or in part, for such period as the City may deem necessary, due to unsuitable weather, or to such other conditions as are considered unfavorable for the suitable prosecution of the Work. Such temporary suspension of the Work will be considered justification for time extensions to the Contract in an amount equal to the period of such suspension. General Conditions 1400-26 The Contractor as directed by the City shall provide the provisions as stipulated in Paragraph 1400-6.6.2 above. Such additional work shall be compensated as provided for in Paragraph 1400-7.0, CHANGES IN SCOPE OF WORK. 6.6 Termination of Contract If at any time the Contractor is determined to be in material breach of the Contract, notice thereof in writing will be served upon the Contractor and its sureties, and should the Contractor neglect or refuse to provide means for a satisfactory compliance with the Contract, as directed by the City Engineer, within the time specified in such notice, the City shall have the authority to terminate the operation of the Contract. Upon such termination, the Contractor shall discontinue the Work, or such parts of it as the City may designate. Upon such termination, the Contractor's control shall terminate and thereupon the City or its fully authorized representative may take possession of all or any part of the Contractor's materials, tools, equipment, and appliances upon the premises and use the same for the purposes of completing the Work and hire such force and buy or rent such additional machinery, tools, appliances, and equipment, and buy such additional materials and supplies at the Contractor's expense as may be necessary for the proper conduct of the Work and for the completion thereof; or the City may employ other parties to carry the Contract to completion, employ the necessary workers, substitute other machinery or materials and purchase the materials contracted for, in such manner as the City may deem proper; or the City may annul and cancel the Contract and relet the Work or any part thereof. Any excess of cost arising there from over and above the Contract price will be charged against the Contractor and its sureties, who will be liable therefore. In the event of such termination, all monies due the Contractor or retained under the terms of this Contract shall be held by the City in an escrow account; however, such holdings will not release the Contractor or its sureties from liability for failure to fulfill the Contract. Any excess cost over and above the Contract Amount incurred by the City arising from the termination of the operations of the Contract and the completion of the Work by the City as above provided shall be paid for by any available funds in the escrow account. The Contractor will be so credited with any surplus remaining after all just claims for such completion have been paid. General Conditions 1400-27 7.0CHANGES IN THE SCOPE OF WORK 7.1 Change Orders 7.1.1 Without invalidating the Contract and without notice to sureties or insurers, the City, through the City Engineer, may at any time or from time to time, order additions, deletions, or revisions in the Work; these will be authorized by Field Directive, Field Order, or Change Order. A Change Order will not be issued for a Field Directive unless the City Engineer concurs with an appeal by the Contractor that such Field Directive is a change in the scope of the Contract. The Contractor shall comply promptly with the requirements for all Change Orders, Field Orders, or Field Directives. The work involved in Change Orders shall be executed under the applicable conditions and requirements of the Contract Documents. If any Field Order causes an increase or decrease in the Contract Amount or an extension or shortening of the Contract Time, an equitable adjustment will be made by issuing a Change Order. If the Contractor accepts a Change Order that does not include a time extension, the Contractor waives any claim for additional time for the work covered by that Change Order. Additional or extra work performed by the Contractor without written authorization of a Field Order or Change Order will not entitle the Contractor to an increase in the Contract Amount or an extension of the Contract Time. 7.1.2 Extra work shall be that work not shown or detailed on the Contract Drawings and not specified. Such work shall be governed by all applicable provisions of the Contract Documents. In giving instructions, the City Engineer shall have authority to make minor changes in the work, not involving extra cost, and not inconsistent with the purposes of the work; but otherwise, except in an emergency endangering life or property, no extra work or change shall be made unless in pursuance of a written order by the City through the City Engineer, and no claim for an addition to the total amount of the Contract shall be valid unless so ordered. 7.1.3 In case any change increases or decreases the work shown, the Contractor shall be paid for the work actually done at a mutually agreed upon adjustment to the Contract price, based upon the provisions of Paragraph 1400-8.0 PROJECT MODIFICATION PROCEDURES 7.1.4 If the Contractor refuses to accept a Change Order, the City may issue it unilaterally. The Contractor shall comply with the requirements of the Change Order. The City shall provide for an equitable adjustment to the Contract and compensate the Contractor accordingly. If the Contractor does not agree that the adjustment is equitable, it may submit a claim in accordance with Paragraph 1400-7.3.2, Claims. General Conditions 1400-28 7.2 Differing Site Conditions Pursuant to Public Contract Code Section 7104, the Contractor shall promptly, and before such conditions are disturbed, notify the City Engineer in writing, of any: a. Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. b. Subsurface or latent physical conditions at the site differing from those indicated. c. Unknown physical conditions at the site of any unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract. The City shall promptly, investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor's cost of, or the time required for, performance of any part of the work the City shall cause to be issued a change order under the procedures provided in Paragraph 1400-7.1, Change Orders. In the event that a dispute arises between the City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all work to be performed under the Contract. The Contractor shall retain any and all rights provided either by Contract or by law which pertain to the resolution of disputes and protests between the contracting parties, Paragraph 1400-7.3, Resolution of Disputes. No claim of the Contractor under this clause shall be allowed unless the Contractor has given the notice required. 7.3 Resolution of Disputes 7.3.1 Contract Interpretation by the City Engineer -Questions regarding the meaning and intent of the Contract Documents shall be referred in writing by the Contractor to the City Engineer. The City Engineer shall respond to the Contractor in writing with a decision. 7.3.2 Claims - Submission of a claim, properly certified, with all required supporting documentation, and written rejection or denial of all or part of the claim by the City, is a condition precedent to any action, proceeding, litigation, suit or demand for arbitration by the Contractor. General Conditions 1400-29 7.3.2.1 Notice - If the Contractor disagrees with the City Engineer's decision in Paragraph 1400-7.3.1, Contract Interpretation by the City Engineer, or in any case where the Contractor deems additional compensation or a time extension to the Contract period is due him for work or materials not covered in the Contract or which the City Engineer has not recognized as extra work, the Contractor shall notify the City Engineer, in writing, of his intention to make claim. Claims pertaining to decisions provided in Paragraph 1400-7.3.1 shall be filed in writing to the City Engineer within five (5) days of receipt of such decision. All other claims notices for extra work shall be filed in writing to the City Engineer prior to the commencement of such work. Written notice shall use the words "Notice of Potential Claim". Such Notice of Potential Claim shall state the circumstances and the reasons for the claim but need not state the amount. Additionally, no claim for additional compensation or extension of time for a delay will be considered unless the provisions of Paragraphs 1400-6.3, Delays,and 6.4, Time Extensions, are complied with. No claim filed after the date of final payment will be considered. It is agreed that unless notice is properly given, the Contractor shall not recover costs incurred by him as a result of the alleged extra work, changed work or other situation which had proper notice been given would have given rise to a right for additional compensation. The Contractor should understand that timely notice of potential claim is of great importance to the City and is not merely a formality. Such notice allows the City to consider preventative action, to monitor the Contractor's increased costs resulting from the situation, to marshal facts, and to plan its affairs. Such notice by the Contractor, and the fact that the City Engineer has kept account of the cost as aforesaid, shall not in any way be construed as proving the validity of the claim. 7.3.2.2 Submission of claim costs - Within 30 days after the last cost of work for which the Contractor contends additional compensation is due, but if costs are incurred over a span of more than 30 days, then within 15 days after the thirtieth day and every month thereafter, the Contractor shall submit to the City Engineer the costs incurred for the claimed matter. Claims shall be made in itemized detail satisfactory to the City Engineer in content, detail and format of presentation. If the additional costs are in any respect not knowable with certainty, they shall be estimated. If the claim is found to be just, it shall be allowed and paid for as provided in Section 1400-8.0, PROJECT MODIFICATION PROCEDURES. 7.3.2.3 Affidavit required - All claims submitted to the City shall be accompanied with a type written affidavit containing the following language; it must be signed, dated, and notarized on the Contractor's letterhead: General Conditions 1400-30 I, (must be an officer) , being the (title) of (contractor's name) , declare under penalty of perjury under the laws of the state of California, and do personally certify and attest that: I have thoroughly reviewed the attached claim for additional compensation and/or extension of time, and know its contents, and said claim is made in good faith; the supporting data is truthful and accurate; the amount requested accurately reflects the contract adjustment for which the contractor believes the City of La Quinta is liable; and further, that I am familiar with California Penal Code Section 72 and California Government Code Section 12560, Et Seq, pertaining to false claims, and further know and understand that submission or certification of a false claim may lead to fines, imprisonment and/or other severe legal consequences. 7.3.2.4 Claim meetings - From time to time the City Engineer may call special meetings to discuss outstanding claims. The Contractor shall cooperate and attend, prepared to discuss outstanding claims, making available the personnel necessary for claim resolution, and providing documents reasonably requested by the City Engineer. 7.3.3 Resolution of Claims - For all contracts awarded during the effective dates of Public Contract Code Section 20104, where claims cannot be resolved between the parties, claims for three hundred and seventy-five thousand dollars ($375,000) or less shall be resolved pursuant to the provisions of that code section, which is summarized in Paragraphs 1400- 7.3.3.1 to 1400-7.3.3.5. For claims greater than three hundred and seventy-five thousand dollars ($375,000) Paragraphs 1400-7.3.3.2 to 1400-7.3.3.4 are applicable; however, Paragraph 1400-7.3.3.5, Civil Actions for claims less than $375,000, is not applicable. 7.3.3.1 Claims Less Than $50,000 a. For claims of less than fifty thousand dollars ($50,000), the City Engineer shall respond in writing to written claims within 45 days of receipt of the claim in Paragraph 1400-7.3.2, Claims, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. b. If additional information is thereafter required, it shall be requested and provided pursuant to this section, upon mutual agreement of the City and the Contractor. c. The City Engineer's written response to the claim, as further documented, shall be submitted to the Contractor within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the Contractor in producing the additional information, whichever is greater. General Conditions 1400-31 7.3.3.2 Claims Greater Than $50,000 a. For claims of over fifty thousand dollars ($50,000), the City Engineer shall respond in writing to all written claims within 60 days of receipt of the claim in Paragraph 1400-7.3.2, Claims, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. b. If additional information is thereafter required, it shall be requested and provided pursuant to this paragraph, upon mutual agreement of the City and the Contractor. c. The City Engineer's written response to the claim, as further documented, shall be submitted to the Contractor within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater. 7.3.3.3 Claim Conference - If the Contractor disputes the City Engineer's written response, or if the City Engineer fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City Engineer's response or within 15 days of the City Engineer's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the City shall schedule a meet and conference within 30 days for settlement of the dispute. 7.3.3.4 Claim Filing - If the claim or any portion remains in dispute after the claim conference noted in Paragraph 1400-7.3.3.4, Claim Conference, the Contractor may file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to Paragraph 1400-7.3.2, Claims, until the time the claim is denied, including any period of time utilized in the meet and confer process. 7.3.3.5 Civil Actions for Claims Less Than $375,000 - The following procedures are established for all civil actions filed to resolve claims for less than three hundred seventy-five thousand dollars ($375,000): General Conditions 1400-32 a. Within 60 days, but no earlier than 30 days, following the filing or responsive pleading, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court. b. If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that Code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. c. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgement shall, in addition to payment of costs and fees under the chapter, also pay the attorney's fees on appeal of the other party. 7.3.3.6 Unresolved Issues - Unless this Contract provides otherwise, all claims, counterclaims, disputes, and other matters in question between the City and the Contractor that are not resolved between the City and the Contractor and are not governed by Public Contract Code 20104 shall be decided by a court of competent jurisdiction. Arbitration shall not be used for resolution of these disputes. Should either party to this Contract bring legal action against the other, the case shall be handled in the California county where the work is being performed. 7.3.4 Records of Disputed Work - In proceeding with a disputed portion of the Work, the Contractor shall keep accurate records of its costs and shall make available, to the City Engineer, a daily summary of the hours and classification of equipment and labor utilized on the disputed work, as well as a summary of any materials or any specialized services which are used. Such information shall be submitted to the City Engineer on a monthly basis, receipt of which shall not be construed as an authorization for or acceptance of the disputed work. General Conditions 1400-33 8.0PROJECT MODIFICATION PROCEDURES 8.1 Changes in Contract Price Whenever corrections, alterations, or modifications of the work under this Contract are ordered by the City Engineer and approved by the City and increase the amount of work to be done, such added work shall be known as extra work; and when such corrections, alterations, or modifications decrease the amount of work to be done, such subtracted work shall be known as work omitted. The difference in cost of the work affected by such change will be added to or deducted from the amount of said Contract price, as the case may be, by a fair and reasonable valuation, which shall be determined in one or more of the following ways as directed by the City Engineer: a. By unit prices subsequently fixed by agreement between the parties; b. By an acceptable lump sum proposal from the Contractor; or c. By Force Account (as described in Paragraph 1400-8.3, Force Account Payment), when directed in writing and administered by the City through its agents. When required by the City Engineer, the Contractor shall submit, in the form prescribed by the City Engineer, an itemized breakdown with supporting data of the quantities and prices used in computing the value of any change that may be ordered. The City Engineer will review the Contractor's proposal for the change and negotiate an equitable adjustment with the Contractor. After there is an agreement the City Engineer will prepare and process the Change Order and make a recommendation for action by the City. All Change Orders must be approved by the City in writing before the work can be authorized and the Change Order executed. The prices agreed upon and any agreed upon adjustment in Contract Time shall be incorporated in the written order issued by the City, which shall be written so as to indicate an acceptance on the part of the Contractor as evidenced by its signature. By signature of the Change Order, the Contractor acknowledges that the adjustments to cost and time contained in the Change Order are in full satisfaction and accord, payment in full, and so waives any right to claim further cost and time impacts at any time during and after completion of the Contract for the changes encompassed by the Change Order. General Conditions 1400-34 8.2 Negotiated Change Orders Under the methods described in Paragraph 1400-8.1b and 8.1c above, the Contractor shall submit substantiating documentation with an itemized breakdown of Contractor and subcontractor direct costs, including labor, material, equipment rentals, and approved services, pertaining to such ordered work in the form and detail acceptable to the City Engineer. The direct costs shall include only the payroll cost for workers and foremen, including wages, fringe benefits as established by negotiated labor agreements or state prevailing wages, workers' compensation and labor insurance, and labor taxes as established by law. No other fixed labor burdens will be considered, unless approved in writing by the City Engineer; the cost of materials used and equipment delivered and installed in such work as substantiated by appropriate documents; the cost of construction machinery and equipment based on fair rental or ownership values acceptable to the City Engineer as described in Paragraph 1400-8.3, Force Account Payment;and the cost of incidentals directly related to such work. The direct costs shall not include any labor or office costs pertaining to the Contractor's managers or superintendents, his office and engineering staff and office facilities, or anyone not directly employed on such work, nor the cost of rental of small tools as all such indirect costs form a part of the Contractor's overhead expense. Under the method described in Paragraph 1400-8.1b and 8.1c the maximum percentage which will be allowed for the Contractor's combined overhead and profit will be: a. For work by its own organization, the Contractor may add the following percentages: x Direct Labor 25 percent x Materials 15 percent x Equipment (owned or rented) 15 percent b. For all such work done by subcontractors, such subcontractor may add the same percentages as the Contractor as listed in (1) above to its actual net increase in costs for combined overhead and profit and the Contractor may add up to ten (10) percent of the subcontractor's total for its combined overhead and profit. c. For all such work done by subtier-subcontractors, such sub-subcontractors may add the same percentages as the Contractor as listed in (1) above to its actual net increase in costs for combined overhead and profit and the subcontractor may add up to ten (10) percent of the sub-subcontractor's total for his combined overhead and profit. The Contractor may add up to five (5) percent of the subcontractor's total for its combined overhead and profit. General Conditions 1400-35 d. To the total of the actual costs and fees allowed hereinunder, not more than two (2) percent shall be added for additional bond and insurance other than labor insurance. The above fees represent the maximum limits which will be allowed, and they include the Contractor's and all subcontractors' indirect home office expenses and all costs for cost proposal preparation. When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any, for each area of work, i.e. direct labor, materials, equipment, and subcontractors. The amount of credit to be allowed by the Contractor to the City for any such change which results in a net decrease in cost will be the amount of the actual net decrease and a credit in accordance with the markups allowed under the use of the method described in Paragraph 1400-8.3, Force Account Payment. The Contractor shall not claim for anticipated profits on work that may be omitted. 8.3 Force Account Payment If either the amount of work or payment for a Change Order cannot be determined or agreed upon beforehand, the City may direct by written Change Order or Field Order that the work be done on a force account basis. The term "force account" shall be understood to mean that payment for the work will be done on a time and expense basis, that is, on an accounting of the Contractor's forces, materials, equipment, and other items of cost as required and used to do the work. For the work performed, payment will be made for the documented actual cost of the following: a. Direct labor cost for workers, including foremen, who are directly assigned to the force account work: Direct labor cost is the actual payroll cost, including wages, fringe benefits as established by negotiated labor agreements or state prevailing wages, workers' compensation and labor insurance, and labor taxes as established by law. No other fixed labor burdens will be considered, unless approved in writing by the City. b. Material delivered and used on the designated work, including sales tax, if paid for by the Contractor or its subcontractor. c. Equipment rental, including necessary transportation for items having a value in excess of One Thousand Dollars ($1,000.00). d. Additional bond. e. Additional insurance, other than labor insurance. To the preceding costs, there shall be added the following fees for the Contractor, subcontractor, or sub-subcontractor actually performing the work: x A fixed fee not to exceed fifteen (15) percent of the costs of Items a, b, and c above. General Conditions 1400-36 x To the total of the actual costs and fees allowed hereunder, not more than two (2) percent shall be added for additional bond and insurance as the cost of Items d and e above. For work performed by an approved subcontractor, the Contractor may add to the total of the actual costs and fixed fees allowed under the preceding paragraph an additional fixed fee of five (5) percent of said total. No further compensation will be allowed for the Contractor's administration of the work performed by the subcontractor. For work performed by a sub tier-subcontractor, the subcontractor may add to the total of the actual costs and fixed fees allowed under the preceding paragraph an additional fixed fee of five (5) percent of said total. No further compensation will be allowed for the subcontractor's administration of the work performed by the sub tier-subcontractor. The Contractor may add to the total of the actual costs and fixed fees allowed under this paragraph an additional fixed fee of five (5) percent of said total. No further compensation will be allowed for the Contractor's administration of the work performed by the subcontractor. The added fixed fees shall be considered to be full compensation, covering the cost of general supervision, overhead, profit, and any other general expense. The above fixed fees represent the maximum limits which will be allowed, and they include the Contractor's and all subcontractors' indirect home office expenses and all costs for cost proposal preparation and record keeping. The City reserves the right to furnish such materials and equipment as it deems expedient, and the Contractor shall have no claim for profit or added fees on the cost of such materials and equipment. For equipment under Item c above, rental or equivalent rental cost will be allowed for only those days or hours during which the equipment is in actual use. Payment shall be based on actual rental and transportation invoices but shall not exceed the monthly rate in the Rental Rate Blue Book. Owner-operated equipment rates shall not exceed the monthly rate in the Rental Rate Blue Book plus the labor costs as provided in Item a. above. The rental cost allowed for equipment will, in all cases, be understood to cover all fuel, supplies, repairs, ownership, and incidental costs and no further allowances will be made for those items, unless specific agreement to that effect is made. For Contractor owned equipment, the rental rate shall be as listed for such equipment in the California Department of Transportation publication entitled "Labor Surcharge and Equipment Rental Rates", which is in effect on the date the work is accomplished. When equipment is not listed in said publication, a suitable rental rate for such equipment will be established by the City Engineer. General Conditions 1400-37 Prior to the commencement of force account work, the Contractor shall notify the City Engineer of its intent to begin work. Labor, equipment and materials furnished on force account work shall be recorded daily by the Contractor upon report sheets furnished by the City Engineer to the Contractor. The reports, if found to be correct, shall be signed by both the Contractor and City Engineer, or inspector, and a copy of which shall be furnished to the City Engineer no later than the working day following the performance of said work. The daily report sheet shall thereafter be considered the true record of force account work provided. The Contractor shall maintain its records in such a manner as to provide a clear distinction between the direct costs of work paid for on a force account basis and the costs of other operations. To receive partial payments and final payment for force account work, the Contractor shall submit, in a manner approved by the City Engineer, detailed and complete documented verification of the Contractor's and any of its subcontractor's actual costs involved in the force account pursuant to the pertinent Change Order or Field Order. Such costs shall be submitted within thirty (30) days after said work has been performed. No payments will be made for work billed and submitted to the City Engineer after the thirty (30) day period has expired. The force account invoice shall itemize the materials used and shall cover the direct costs of labor and the charges for equipment rental, whether furnished by the Contractor, subcontractor, or other forces. The invoice shall be in a form acceptable to the City Engineer and shall provide names or identifications and classifications of workers, the hourly rate of pay and hours worked, and also the size, type, and identification number of equipment and hours operated. Material charges shall be substantiated by valid copies of vendor's invoices. When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any. The amount of credit to be allowed by the Contractor to the City for any such change which results in a net decrease in cost will be the amount of the actual net decrease and a credit in accordance with the markups allowed under the use of the method described in this Paragraph. The Contractor shall not claim for anticipated profits on work that may be omitted. 8.4 Time Extensions for Change Orders If the Contractor requests a time extension for the extra work necessitated by a proposed Change Order, the request must comply with the applicable requirements within Section 2000, Special Provisions, Paragraph 4.3 Time Impact Analysis. General Conditions 1400-38 9.0PAYMENT 9.1 Scope of Payment 9.1.1 General - The Contractor shall accept the compensation, as herein provided, as full payment for furnishing all labor, materials, tools, equipment, and incidentals necessary for completing the Work according to the Contract Documents, and no additional compensation will be allowed therefor. Neither the payment of any partial payment estimate nor of any retained percentage shall relieve the Contractor of any obligation to make good any defective work or material. 9.1.2 Payment for Patents and Patent Infringement - All fees or claims for any patented invention, article, or arrangement that may be used upon, or in, any manner connected with the performance of the work or any part thereof shall be included in the price bid for doing the work, and the Contractor and its sureties shall defend, protect, and hold the City, its consultants, the City Engineer, together with all their officers, agents, and employees harmless against liability of any nature or kind for any and all costs, legal expenses, and damages made for such fees or claims and against any and all suits and claims brought or made by the holder of any invention or patent, or on account of any patented or unpatented invention, process, article, or appliance manufactured for or used in the performance of the Contract, including its use by the City, unless otherwise specifically stipulated in the Contract. Before final payment is made on the Contract, the Contractor shall furnish an affidavit to the City regarding patent rights for the project. The affidavit shall state that all fees and payments due as a result of the work incorporated into the project or methods utilized during construction have been paid in full. The Contractor shall certify in the affidavit that no other fees or claims exist for work in this project. 9.1.3 Payment of Taxes - The Contractor shall pay and shall assume exclusive liability for all taxes levied or assessed on or in connection with the Contractor's performance of this Contract, including, but not limited to, State and local sales and use taxes, Federal and State payroll taxes or assessments, and excise taxes, and no separate allowance will be made therefor, and all costs in connection therewith shall be included in the total amount of the Contract price. General Conditions 1400-39 9.1.4 Payment for Labor and Materials - The Contractor shall pay and require its subcontractors to pay any and all accounts for labor including worker's compensation premiums, state unemployment and federal social security payments and other wage and salary deductions required by law. The Contractor also shall pay and cause its subcontractors to pay any and all accounts for services, equipment, and materials used by the Contractor and its subcontractors during the performance of work under this Contract. Such accounts shall be paid as they become due and payable. If requested by the City, the Contractor shall furnish proof of payment of such accounts to the City. 9.2 Partial Payments In consideration of the faithful performance of the work prosecuted in accordance with the provisions of these Specifications and the Contract, the City will pay the Contractor for all such work installed on the basis of percentage completion. Payments will be made by the City to the Contractor on estimates duly certified and approved by the City Engineer, based on the value of equipment installed and tested, labor and materials incorporated into said permanent work by the Contractor during the preceding month. Payments will not be made for temporary construction unless specifically provided for in the Contract Documents. Partial payments will be made monthly based on work accomplished as of a day mutually agreed to by the City and the Contractor. The Contractor shall submit his estimate of the work completed during the prior month and the work completed to date in a format corresponding to the accepted cost breakdown. The City Engineer shall review the submitted estimate, and upon approval, the Contractor may submit a detailed invoice for those amounts approved by the City Engineer. If requested, the Contractor shall provide such additional data as may be reasonably required to support the partial payment request. If the City Engineer does not agree with the Contractor's estimate of amount earned, the partial payment request will be returned for revision. The City Engineer will be available to meet to discuss the partial payment request prior to its re-submittal. When the Contractor's estimate of amount earned conforms with the City Engineer's evaluation, the City Engineer will calculate the amount due the Contractor, prepare the progress payment request for signature by the Contractor, and submit the recommended progress payment request for the City's approval and processing. Payment will be made by the City to the Contractor in accordance with City's normal accounts payable procedures; the City shall retain amounts in accordance with Paragraph 1400-9.4, Right to Withhold Amounts. General Conditions 1400-40 No such estimate or payment shall be required to be made, when in the judgement of the City Engineer, the Work is not proceeding in accordance with the provisions of the Contract, or when in the City Engineer's judgement, the total value of the Work done since the last estimate amounts to less than One Thousand Dollars ($1,000.00). 9.3 Partial Payments - Inclusion of Materials on Hand No payment will be made for materials delivered to the site that are not yet incorporated into the work. 9.4 Right to Withhold Amounts 9.4.1 Retention - The City will deduct from each partial payment and retain as part security, five (5) percent of the amount earned until the final payment. Pursuant to Public Contract Code Section 22300, for monies earned by the Contractor and withheld by the City to ensure the performance of the Contract, the Contractor, may, at his or her option, choose to substitute securities meeting the requirements of said Section 22300. In the event the Contractor desires to choose this option, the Contractor shall enter into an escrow agreement with the City, and the escrow agent, a qualified bank to be chosen by City, in the form of the contract included in the project specifications. The costs of such escrow shall be paid by the Contractor. The securities to be deposited in said escrow account shall be equivalent, in fair market value, to the amount to be withheld as performance retention. The securities shall be held in accordance with the provisions of Public Contract Code Section 22300, and the implementing contract. Contractor shall have the obligation of ensuring that such securities deposited are sufficient so as to maintain, in total fair market value, an amount equal to the cash amount of the sums to be withheld under the Contract. If, upon written notice from the City, or from the appropriate escrow agent, indicating that the fair market value of the securities has dropped below the dollar amount of monies to be withheld by the City to ensure performance, Contractor shall, within five days of the date of such notice, post additional securities as necessary to ensure that the total fair market value of all such securities held by the City, or in escrow, is equivalent to the amount of money to be withheld by the City under the Contract. Any Contractor that desires to exercise this option shall give notice in writing to City and shall thereafter execute the escrow agreement form provided in Appendix A of these Specifications. General Conditions 1400-41 9.4.2 Other Withholds - In addition to the amount which the City may otherwise retain under the Contract, the City may withhold a sufficient amount or amounts of any payment or payments otherwise due the Contractor, as in its judgement may be necessary to cover: a. Payments which may be past due and payable for just claims against the Contractor or any subcontractor for labor or materials furnished for the performance of this Contract. b. For defective work not remedied. c. For failure of the Contractor to make proper payments to its subcontractors or suppliers. d. A reasonable doubt that the Contract can be completed for the balance then unpaid. e. Damage to another Contractor or third party, or to property. f. Failure of the Contractor to keep its work progressing in accordance with its progress schedule or maintaining current "As-Built" record drawings. g. The City's costs for the Contractor's failure to complete within the allowed time. h. Cost of insurance arranged by the City due to cancellation or reduction of the Contractor's insurance. i. Failure of the Contractor to make proper submissions, as herein specified. j. Failure to submit, revise, resubmit, or otherwise conform to the requirements herein for preparing and maintaining a construction schedule. k. Payments due the City from the Contractor. l. Reduction of Contract Amount because of modifications. m. The Contractor's neglect or unsatisfactory prosecution of the work including failure to clean up. n. Provisions of law that enable or require the City to withhold such payments in whole or in part. General Conditions 1400-42 When the above reasons for withhold amounts are removed, payment may be made to the Contractor for amounts withheld. The City in its discretion may apply any withheld amount or amounts to the payment of valid claims. In so doing, the City shall be deemed the agent of the Contractor, and any payment so made by the City shall be considered as a payment made under the Contract by the City to the Contractor, and the City shall not be liable to the Contractor for such payment made in good faith. Such payments may be made without prior judicial determination of the claim or claims. The City will render to the Contractor a proper accounting of such funds disbursed in behalf of the Contractor. 9.5 Substantial Completion When the Contractor considers that the Work is substantially complete, the Contractor shall notify the City Engineer in writing. Upon receipt of the notification, the City and/or its authorized representatives will make inspection, to determine if the Work is sufficiently complete in accordance with the Contract Documents so the City can occupy or utilize the Work for its intended use. If items are found which prevent such use or occupancy, the City Engineer shall notify the Contractor in writing of such items. Upon the completion of such corrective work, the Contractor shall so notify the City Engineer in writing. The City Engineer shall inspect the Work to determine its acceptability for Substantial Completion and for determination of other items which do not meet the terms of the Contract. Upon verification that the project is substantially complete the City Engineer shall prepare a Certificate of Substantial Completion. The Certificate shall establish the date of Substantial Completion and the responsibilities of the City and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time, not to exceed 60 days, within which the Contractor shall finish all items on the punch list accompanying the Certificate. When the preceding provisions have been approved by both the City and the Contractor, they shall sign the Certificate to acknowledge their written acceptance of the responsibilities assigned to them in such Certificate. By such acknowledgment, the Contractor agrees to pay the City's actual costs including, but not limited to, charges for engineering, inspection and administration incurred due to the failure to complete the punch list within the time period provided in the Certificate of Substantial Completion. 9.6 Final Inspection and Payment Upon completion of the Work, and upon completion of final cleaning, the Contractor shall so notify the City Engineer in writing. Upon receipt of the notification, the City and/or its authorized representatives, will make the final inspection, to determine the actual status of the Work in accordance with the terms of the Contract. If materials, equipment, or workmanship are found which do not meet the terms of the Contract, the City Engineer shall prepare a punch list of such items and submit it to the Contractor. General Conditions 1400-43 Following completion of the corrective work by the Contractor, the City Engineer shall notify the City that the Work has been completed in accordance with the Contract. Final determination of the acceptability of the Work shall be made by the City. After completion of the work, but prior to its acceptance by the City, the last partial payment will be made to the Contractor in accordance with Paragraph 1400-9.2, Partial Payments. After receipt of the last partial payment, but prior to acceptance of the Work by the City, the Contractor shall send a letter to the City Engineer. The letter, pursuant to California Public Contract Code Section 7100, shall state that acceptance of the final payment described below shall operate as and shall be, a release to the City, its consultants, the City Engineer, and their duly authorized agents, from all claim of and/or liability to the Contract arising by virtue of the Contract related to those amounts. Disputed Contract claims in stated amounts previously filed as provided in Paragraph 1400-7.3.2, Claims, may be specifically excluded by the Contractor from the operation of the release. Following receipt of all required Submittals and the City Engineer's written statement that construction is complete and recommendation that the City accept the project, the City will take formal action on acceptance. Within ten (10) days of the acceptance by the City of the completed work embraced in the Contract, the City will cause to be recorded in the office of the County Recorder a Notice of Completion. After thirty-five (35) days after recording Notice of Completion of the work involved in the Contract, the City will pay the Contractor in lawful money such sums of money as may be due the Contractor including all sums retained but excluding such sums as have previously been paid the Contractor. This payment will constitute the final payment to the Contractor under this Contract. 9.7 Warranty of Title No material, supplies, or equipment for the work under this Contract shall be purchased subject to any chattel mortgage, security agreement, or under a conditional sale or other agreement by which an interest therein or any part thereof is retained by the seller or supplier. The Contractor warrants good title to all material, supplies, and equipment installed or incorporated in the work and agrees upon completion of all work to deliver the premises, together with all improvements and appurtenances constructed or placed thereon by the Contractor, free from any claim, liens, security interest, or charges, and further agrees that neither the Contractor nor any person, firm, or corporation furnishing any materials or labor for any work covered by this Contract shall have any right to a lien upon the premises or any improvement or appurtenances thereon. END OF SECTION Supplemental General Conditions 1500-1 SECTION 1500 SUPPLEMENTAL GENERAL CONDITIONS 1.0 CITY ENGINEER The City Engineer for the City of La Quinta is: Bryan McKinney, P.E. Public Works Director/City Engineer 78-495 Calle Tampico La Quinta, CA 92253 Phone: (760) 777-7045 2.0 CONSULTANTS 2.1 Design Engineer Convergint Technologies 1667 N. Batavia Street Orange, CA 92867 (714) 546-2780 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). Supplemental General Conditions 1500-2 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 $2,500 per work day. The damages described above will be deducted from any money due the Contractor under this Contract; the Contractor and his sureties shall be liable for any such excess cost. 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. Supplemental General Conditions 1500-3 E. Other Submittals: Technical data, test reports, calculations, surveys, certifications, special warranties and guarantees, operation and maintenance data, extra stock and other submitted information and products shall also not be considered to Contract Documents but shall be information from Contractor to Engineer to illustrate a potion of the Work for confirmation of understanding of design intent. 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/Site Control B. Schedule C. Lump Sum Break-down D. Concrete Mix E. Conduit F. Pull Box G. Splice Vault H. Ethernet Switch Shop Drawing I. Auxiliary Equipment (Patch Panels, Fiber Distribution Unit, etc.) J. Camera Equipment END OF SECTION General Project Requirements 2000-1 SECTION 2000 DIVISION 2 - GENERAL PROJECT REQUIREMENTS 1.0 STANDARD SPECIFICATIONS The "Standard Specifications" of the City of La Quinta are contained in the latest edition of the Standard Specifications for Public Works Construction, including all supplements, popularly known as the Green Book, as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of the Associated General Contractors of California. Copies of the Standard Specifications are available from the publisher, Building News Inc., as follows: Bookstore Locations: see website for Southern California locations Website: www.bnibooks.com The Standard Specifications shall prevail in all cases except where a Contract Document of a higher order, as defined in Section 1400-1.2 Discrepancies and Omissions, provides a different requirement on a given topic or topic aspect. All language in the Standard Specifications that is not in conflict with the language in the prevailing Contract Documents on a given topic or topic aspect shall remain in full force and effect, unless the language in the prevailing Contract Document specifically cites the section number in the Standard Specification and says said provision is in lieu that Standard Specification section. 1.1 Alternative Specifications – The Standard Specifications shall apply to this project unless specifically referenced otherwise in the Contract Documents. Wherever “State Standard Specifications”are referenced, it shall mean the Standard Specifications, 2010, edition, published by the State of California Department of Transportation, and wherever the “State Standard Plans”are referenced in the Contract Documents, it shall mean the Standard Plans, 2010, edition, published by the State of California Department of Transportation. The Contractor may request bound copies of these documents from Caltrans at: California Department of Transportation Publication Distribution Unit 1900 Royal Oaks Drive Sacramento, CA 95815-3800 (916) 263-0822, (916) 263-0865 Or, download these documents at no cost from the Caltrans website: http://www.dot.ca.gov/hq/esc/oe/construction_contract_standards/std_specs/2010_StdS pecs/2010_StdSpecs.pdf General Project Requirements 2000-2 Wherever the State Standard Specifications reference, Section 4-1.03d “Extra Work,” it shall mean Paragraph 1400-7.0 Changes in the Scope of Work of these project Specifications. 2.0 STANDARD PLANS The Standard Plans of the City of La Quinta adopted by the City Council on August 21, 2001, shall apply to this project unless specifically stated otherwise in the Contract Documents. 2.1 Alternative Guidance 2.1.1 California Manual on Uniform Traffic Control Devices (CA MUTCD) The Standard Plans shall apply to this project unless specifically referenced otherwise in the Contract Documents. Wherever “CA MUTCD”is referenced, it shall mean the 2014 edition of the California Manual on Uniform Traffic Control Devices, published by the State of California. The Contractor may download these documents at no cost from the Caltrans website: http://www.dot.ca.gov/hq/traffops/engineering/mutcd/ca_mutcd2014.htm 2.1.2 California Building Code, Part 2 (CBC) The Contractor may download these documents at no cost from the California Building Standards Commission website: https://codes.iccsafe.org/content/CBC2019P2 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.nfpa.org/codes-and-standards/all-codes-and-standards/codes-and- standards/free-access?mode=view 3.0 PRE-CONSTRUCTION CONFERENCE 3.1 Attendees The City and its consultants, and the Contractor and its superintendent, invited subcontractors, and other concerned parties shall each be represented at the conference by persons familiar with and authorized to conclude matters relating to the work. General Project Requirements 2000-3 3.2 Agenda The City Engineer will prepare an agenda for discussion of significant items relative to contract requirements, procedures, coordination and construction. 4.0 PROGRESS SCHEDULES 4.1 General Prior to commencing work, the Contractor shall provide a Construction Schedule and Cash Flow Projection. During the course of construction, the Contractor shall provide a Weekly Activities Plan. 4.2 Construction Schedule 4.2.1 The schedule shall be submitted within five (5) days of Notice to Proceed and accepted by the City Engineer before the first partial payment can be made. 4.2.2 The Contractor shall submit the schedule based on the Critical Path Method (CPM). The schedule shall indicate preceding activity relationships and/or restraints where applicable and a controlling path shall be indicated. The schedule shall be time scaled and shall be drafted to show a continuous flow from left to right. The construction schedule shall clearly show the sequence of construction operations and specifically list: a. The start and completion dates of all work items. b. The dates of submittals, procurement, delivery, installation and completion of each major equipment and material requirement. c. Progress milestone events or other significant stages of completion. d. The lead time required for testing, inspection and other procedures required prior to acceptance of the work. Activities shall be no longer than 10 workdays, except for submittals and delivery items. If an activity takes longer, it shall be broken into appropriate segments of work for measurement of progress. This limitation may be waived, upon approval of the City Engineer, for repetitious activities of longer durations for which progress can be easily monitored. 4.2.3 Any activity that cannot be completed by its original completion date shall be considered to be "behind schedule." General Project Requirements 2000-4 4.2.4 At not less than monthly intervals and when requested by the City Engineer, the Contractor shall submit a revised schedule for all work remaining. If, at any time, the City Engineer considers the project completion date to be in jeopardy because of activities "behind schedule," the Contractor shall submit additional schedules and diagrams indicating how the Contractor intends to accomplish the remaining work to meet the Contract completion date. 4.2.5 All change orders, regardless of origin, shall be reflected in the schedule. 4.3 Time Impact Analysis 4.3.1 When change orders are initiated, delays are experienced, or the Contractor desires to revise the schedule logic, the Contractor shall submit to the City Engineer a written Time Impact Analysis illustrating the influence of each change, delay, or Contractor request on the current contract schedule completion date. 4.4 Weekly Activities Plan On the last working day of every week the Contractor shall submit to the City Engineer the Contractor's Plan of Activities for the following two weeks. The Plan of Activities shall describe the activity and location of the activity. 4.5 Cash Flow Projection A cash flow projection shall be submitted with the Construction Schedule. This cash flow projection shall be revised and resubmitted when revisions of the Construction Schedule will result in changes to the projected cash flow. 4.6 Lump Sum Price Breakdown For work to be performed for a lump sum price, the Contractor shall submit a price breakdown to the City Engineer prior to the first payment and within twenty (20) calendar days after award of the Contract. The price breakdown, as agreed upon by the Contractor and the City Engineer, shall be used for preparing future estimates for partial payments to the Contractor, and shall list the major items of work with a price fairly apportioned to each item. Mobilization, overhead, bond, insurance, other general costs and profit shall be prorated to each item so that the total of the prices for all items equal the lump sum price. At the discretion of the City Engineer, mobilization, bond and insurance costs may be provided for separately if accompanied by invoices to verify actual expenses. The price breakdown will be subject to the approval of the City Engineer, and upon request, the Contractor shall substantiate the price for any or all items and provide additional level of detail, including quantities of work. The price breakdown shall be sufficiently detailed to permit its use by the City Engineer as one of the bases for evaluating requests for payments. The City Engineer shall be the sole judge of the adequacy of the price breakdown. General Project Requirements 2000-5 5.0 SPECIAL CONTROLS The Contractor shall take all reasonable means to minimize inconvenience and injury to the public by dust, noise, diversion of storm water, or other operations under its control. 5.1 Dust Control The Contractor at its expense shall take whatever steps, procedures, or means as are required to comply with Section 3000-4.2 and prevent abnormal dust conditions being caused by its operations in connection with the execution of the Work. 5.2 Noise Abatement Operations shall be performed so as to minimize unnecessary noise. Special measures shall be taken to suppress noise during night hours. Noise levels due to construction activity shall not exceed the levels specified by local ordinance. Internal combustion engines used on the Work shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated without said muffler. 5.3 Working Hours Construction operations and maintenance of equipment within one half mile of human occupancy shall be performed only during the time periods as follows, unless otherwise approved by the City: Monday - Friday 8:00 AM to 5:30 P.M. The Contractor shall be responsible for any inspection and additional administration costs incurred by the City for work by the Contractor after the hours defined above on weekdays, or any work on weekends or holidays recognized by the City. Such costs shall be withheld from the succeeding monthly progress payment. Any work in Section 3000, SPECIFIC PROJECT REQUIREMENTS, specifically required to be performed outside the normal working hours are excluded from the provisions of this paragraph. 5.4 Drainage Control In all construction operations, care shall be taken not to disturb the existing drainage pattern whenever possible. Particular care shall be taken not to direct drainage water onto private property. Drainage water shall not be diverted to streets or drainage ways inadequate for the increased flow. Drainage means shall be provided to protect the Work and adjacent facilities from damage to water from the site or due to altered drainage patterns from construction operations. General Project Requirements 2000-6 Contractor shall provide, 48 hours in advance of an significant forecast of any likely precipitation rainfall event of 0.5 inches or more, a Rainfall Event Action Plan (REAP) specific for that event which, when implemented, is designed to protect all expose construction portions of the site. Temporary provisions shall be made by the Contractor to insure the proper functioning of gutters, storm drain inlets, drainage ditches, culverts, irrigation ditches, and natural water courses. 5.5 Construction Cleaning The Contractor shall, at all times, keep property on which work is in progress and the adjacent property free from accumulations of waste material or rubbish caused by employees or by the work. All surplus material shall be removed from the site immediately after completion of the work causing the surplus materials. Upon completion of the construction, the Contractor shall remove all temporary structures, rubbish, and waste materials resulting from his operations. 5.6 Disposal of Material The Contractor shall make arrangements for disposing of materials outside the right- of-way and the Contractor shall pay all costs involved. The Contractor shall first obtain permission from the property owner on whose property the disposal is to be made and absolve the City from any and all responsibility in connection with the disposal of material on said property. When material is disposed of as above provided, the Contractor shall conform to all required codes pertaining to grading, hauling, and filling of earth. 5.7 Parking and Storage Areas All stockpiled materials and parked equipment at the job site shall be located to avoid interference with private property and to prevent hazards to the public. Locations of stockpiles, parking areas, and equipment storage must be approved by the City Engineer. 6.0 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS AND PUBLIC The Contractor shall be responsible for the protection of public and private property at and adjacent to the Work and shall exercise due caution to avoid damage to such property, persons, or public in general. Contractor shall install fencing, open trench signs, cones, or other protective devices as directed by the City. Site protection shall be to the satisfaction of the City Engineer. General Project Requirements 2000-7 The Contractor shall repair or replace all existing improvements within the right-of-way, which are not designated for removal (e.g., electrical, lighting, curbs, sidewalks, survey points, fences, walls, signs, utility installations, pavements, structures, etc.) which are damaged or removed as a result of its operations. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension. Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed because of the Contractor's operations, they shall be restored or replaced in as nearly the original conditions and location as is reasonably possible. Lawns shall be covered with sod seeded to the applicable season, to the satisfaction of City. The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, irrigation, sprinklers, and other improvements within the right-of-way which are designated for removal and would be destroyed because of the work. 7.0 EXISTING UTILITIES 7.1 General None of the existing utilities are shown on the drawings; however, the Contractor is responsible to verify exact location of all utilities prior to the start of construction. Pursuant to Government Code Section 4216, et. seq., the Contractor shall notify the appropriate required notification center. The notification center for La Quinta can be reached by contacting UNDERGROUND SERVICE ALERT (USA) at 1-800-422-4133 or dial 811. USA member utilities will provide the Contractor with the precise locations of their substructures in the construction area when the Contractor gives at least 48 hours of notice. 7.2 Notification and Location At least two (2) working days before performing any excavation work, the Contractor shall request the utility owners to mark or otherwise indicate the location of their service. It shall be the Contractor's responsibility to determine the exact location and depth of all utilities, including service connections, which have been marked by the respective owners and which he believes may affect or be affected by his operations. If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work. The Contractor shall notify the following agencies at least 48 hours in advance of excavating around any of their structures. The following utility companies provide service to the La Quinta area and can be contacted via the USA telephone number or the number list below. General Project Requirements 2000-8 1. Southern California Gas Company, (909) 335-7851 2. Imperial Irrigation District, (760) 398-5823 3. Frontier Communications, (760) 778-3621 4. Coachella Valley Water District, (760) 398-2651 5. Spectrum, (760) 674-5451 7.3 Damage and Protection The Contractor shall immediately notify the City Engineer and utility owner of any damage to a utility. 7.4 Utility Relocation and Rearrangement The right is reserved to the City and the owners of utilities or their authorized agents to enter upon the Work area for the purpose of making such changes as are necessary for the rearrangement of their facilities or for making necessary connections or repairs to their properties. The Contractor shall cooperate with forces engaged in such work and shall conduct his operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by such forces and shall allow the respective utilities time to relocate their facility. The Contractor assumes responsibility for the removal, relocation, or protection of existing facilities wherein said facilities are identified by the Plans, field located by a utility company, or as provided for in the General Requirements. The Contractor shall coordinate with the owner of utility facilities for the rearrangement of said facilities. In the event that underground utilities are found that are not shown in the Contract Documents or are found to exist in a different location than shown in the Contract Documents, the Contractor shall: (1) notify the City Engineer of the existence of said facilities immediately; and (2) take steps to ascertain the exact location of all underground facilities prior to doing work that may damage such facilities. Requests for extensions of time arising out of utility rearrangement delays shall be determined by City Engineer. In accordance with Government Code Section 4215 the Contractor shall not be assessed liquidated damages for delay in completion of the project, when such delay is caused by the failure of the City or utility company to provide for the removal or relocation of facilities for which they are the responsible party as defined in Paragraph 2000-7.3, Damage and Protection. Where it is determined by the City Engineer that the rearrangement of an underground main, the existence of which is not shown on the Plans, Specifications, or in the General Requirements, is essential in order to accommodate the contemplated improvement, the City Engineer will provide for the rearrangement of such facility by other forces or by the Contractor in accordance with the provisions of Paragraph 1400- 7.1, Change Orders. General Project Requirements 2000-9 When the General Requirements, Specifications, or Plans indicate that a utility is to be relocated, altered or constructed by others, the City will conduct all negotiations with the utility company and the work will be done at no cost to the Contractor. Temporary or permanent relocation or alteration of utilities desired by the Contractor for its own convenience shall be the Contractor's responsibility and it shall make arrangements and bear all costs. 7.5 Underground Facilities The Contractor is responsible for coordinating all project documentation, including but not necessarily limited to, the Contract Documents and existing record drawings for the determination of the location of all underground facilities. The Contractor shall exercise care in all excavations to avoid damage to existing underground facilities. This shall include potholing or hand digging in those areas where underground facilities are known to exist until they have been sufficiently located to avoid damage to the facilities. Prior to fabrication, the Contractor shall verify the location and elevations of existing underground facilities, which the Contractor is connecting to. No additional compensation shall be provided the Contractor for compliance with the provisions of this section or for the damage and repair of facilities due to the lack of such care. The California Public Utilities Commission mandates that, in the interest of public safety, main line gas valves be maintained in a manner to be readily accessible and in good operating condition. The Contractor shall notify The Gas Company's Headquarters Planning Office at least 2 working days prior to the start of construction. END OF SECTION Special Provisions 3000-1 SECTION 3000 DIVISION 3 SPECIAL PROVISIONS 1.0 GENERAL 1.1 Scope of Services It shall be the contractor’s responsibility to provide and furnish all materials, tools, labor and incidentals to complete the work as outlined in the Project Description and as shown in the Project Specifications and Contract Bid Documents for Project No. 2020-03, Citywide Public Safety Camera System. 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 improvements include furnishing and installing a citywide camera network complete in place that connects to the City of La Quinta’s existing communication network. The work includes, but not limited to, furnishing and installing pull boxes, radios, fiber optic cable and conduit, ethernet cables, cameras, hangers, networking equipment (e.g. Ethernet switches, patch panel, server, software, work station with monitor, etc.), system integration, training, and a three (3) year maintenance period. All project work and incidental items to complete the project shall be performed in accordance with the plans, specifications, and other provisions of the contract. All the above improvements are to be constructed in a workmanlike manner, leaving the entire project in a neat and presentable condition.Refer to Section 4000 for more information. 1.3 Project Plans The area of work is shown on the attached plans titled “Project No. 2020-03, Citywide Public Safety Camera System.” The plan set consists of 20 sheets. Contractor shall examine all maps, lists and these specifications, in a manner to be fully cognizant of all work required, and all existing conditions. Bidders are required to visit the site and verify existing conditions. Make adjustments and allowances for all necessary equipment to complete all parts of the required work. 1.4 Drawings of Record Provide and keep up-to-date, a complete record set of blue line prints. Correct these prints daily and show every change from the original drawings. Keep this set of prints on the job site and use only as a record set. Special Provisions 3000-2 Do not construe this as authorization to make changes in the layout without definite instruction in each case. Incorporate all changes as noted on the record set of prints thereon with black ink in a neat, legible, understandable and professional manner. Deliver this set to the City upon completion and acceptance of work. 1.5 Cooperation with Other Contractors Section 7-7 of the Standard Specifications is amended by the addition of the following provisions: Should the Contractor foresee any interference or believe project delays or problems might occur due to any action of any other contractor, or if the Contractor determines his own work may cause a delay to the work of the other contractors, the Contractor shall bring this to the attention of the Engineer as soon as possible so that the potential problems or delays may be worked out before problems arise. It is the intention of these Specifications that the Contractor shall cooperate as needed to affect this purpose, and shall be prepared to make short delays, to redeploy its work force to other parts of the work or project, to temporarily reschedule work, and take other reasonable actions to minimize interference and maximize cooperation with all other parties working within the project area. If the Contractor maintains that he is unable to reasonably cooperate with others, then the Contractor shall be prepared to verify to the satisfaction of the Engineer that there are no reasonable actions which he could take to cooperate with others, and that if he did, such actions would cause serious financial harm or unreasonable delay to the Contractor. If the Engineer finds that such evidence is unsatisfactory, the Engineer may order the Contractor to take whatever reasonable actions the Engineer determines are necessary to provide the needed cooperation in order to meet the intent of these Specifications. The contractor shall have no claim for extra compensation for any delay or costs if his work is held up, delayed or interrupted by the City’s having to order cooperative work measures or schedule priorities as outlined above. An extension of contract time shall be the only compensation granted. 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 60 working days from the date specified in the Notice to Proceed. Special Provisions 3000-3 2.0 BID ITEMS The bid items presented in the bidders schedule are intended to indicate major categories of the work for purposes of comparative bid analysis and payment breakdown for monthly progress payments. Bid items are not intended to be exclusive descriptions of work categories. The Contractor shall determine and include in its pricing, all materials, labor, and equipment necessary to complete each bid item associated appurtenant work. Those items for which there is no estimated quantity and/or specific pay item shall be completed in workmanship like manner to the satisfaction of the City Engineer. Work that is specified for which there is no bid item shall be considered incidental to work associated with bid items; therefore, the payment for these items shall be considered included in the various items of work for which a specific bid item has been provided. The bid items shown in the bidder’s schedule with "F" designates a final pay quantity. Quantity of any bid item in excess of the final pay quantity shown on the bidder's schedule estimated by the City Engineer will not be paid for. The final pay quantity can only be adjusted to reflect any change orders, extra work, or additional work authorized by the City Engineer. 3.0 MATERIALS 3.1 General Whenever a material, article or piece of equipment is identified on the drawings or specified by reference to brand name or catalog number, it shall be understood that this is referenced for the purpose of defining the performance or other salient requirements and that other products of equal capacities, quality and function shall be considered. 3.2 Substitutions The Contractor may recommend the substitution of a material, article, or piece of equipment of equal substance and function for those referred to in the Contract Documents by reference to the brand name or catalog number and, if in the opinion of the City Engineer, such material, article, or piece of equipment is of equal substance and function to that specified, the City Engineer may approve its substitution and use by the Contractor. Any cost differential shall be deductible from the Contract Price and the Contract Documents shall be appropriately modified by Change Order. The Contractor warrants that if substitutes are approved, no major changes in the function or general design of the project will result. Incidental changes or extra component parts required to accommodate substitute will be made by the Contractor without a change in the Contract Price or Contract time. Special Provisions 3000-4 3.3 Storage Materials and equipment shall be so stored as not to create a public nuisance and to insure the preservation of their quality and fitness for the work. 4.0 WORK DETAILS 4.1 Traffic Control The Contractor shall provide a traffic control plan, signed by a PE or TE, for acceptance by the City no later than five (5) working days after issuance of the Notice of Award. Subsequently, comments and corrections shall be returned to the Contractor within ten (10) working days. The traffic control plan shall conform to the following requirements listed in this section: Traffic controls, including but not limited to, vehicular and pedestrian traffic controls, maintenance of vehicular and pedestrian access, detours, and street closures shall be in accordance with Subsection 7-10 of the latest edition of the “Standard Specifications for Public Works Construction,” including all its subsequent amendments and the latest edition of the “Work Area Traffic Control Handbook.” 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. Special Provisions 3000-5 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. Except as otherwise directed, as shown in the approved traffic control plan, and/or authorized by the City Engineer, two-way vehicular traffic shall be maintained at all times within a minimum of two, 12-foot-wide lanes. At no time shall the Contractor be allowed to reduce the traveled way to one-way vehicular traffic. No reduction of the traveled way width shall be permitted between the hours of 8:30 a.m. and 3:30 p.m., unless otherwise shown in the approved traffic control plans, or prior authorization to do so is granted by the City Engineer. No lane closures shall be permitted or allowed on any City street before 8:30 a.m. and after 3:30 p.m., unless otherwise shown in the approved traffic control plans, or unless authorization to do so is granted by the City Engineer. No reduction of traveled way width shall be permitted on any City street before 8:30 a.m. or after 3:30 p.m., on weekends or holidays, or when active work is not being done, unless otherwise shown in the approved traffic control plans, or unless prior authorization to do so is granted by the City Engineer. Special Provisions 3000-6 Except as shown in the approved traffic control plans, if traffic lanes are not kept open for public use on the days, at the times, and in the manner specified, damage will be sustained by the City and its residents. Since it is and will be impracticable to determine the actual damage which the City and its residents will sustain by reason of Contractor’s failure to comply with the special provisions outlined herein, the City and Contractor agree that Contractor will pay to the City the sum of $200 per hour for each and every hour that any traffic lane is not kept open for public use as required by these special provisions, not as a penalty, but as predetermined liquidated damages.The Contractor agrees to pay such liquidated damages as are provided for in this paragraph, and in case the same are not paid, Contractor agrees that City may deduct the amount of such liquidated damages from any money that is due or that may be due the Contractor under the contract. g. 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. h. 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. i. 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. j. When entering or leaving roadways carrying public traffic, the Contractor’s equipment, whether empty or loaded, shall yield to said public traffic at all times, except where the traffic is being controlled by police officers, fire officers or traffic signalized intersections. Special Provisions 3000-7 k. 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. l. 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. m. 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. n. 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. o. The Contract item “Traffic Control” shall include labor lights, barricades, signs, materials, fencing, and equipment necessary to ensure that the vehicular traffic conforms to requirements as set forth in this section and as shown on the drawings. Special Provisions 3000-8 p. The compensation for furnishing, placing, maintaining and removing traffic cones, telescoping tree flags, advance warning signs, electronic changeable message signs, barricades, temporary striping, and other safety devices as required for public safety or as directed by the City Engineer, shall be considered full compensation for all labor and materials for complying with these requirements, and no additional compensation will be made therefore. 4.2 Dust Control The Contractor must comply with the City of La Quinta’s Municipal Code, Chapter 6.16, “Fugitive Dust Control” Ordinance. Dust generated by traffic, Contractor’s operations, or wind are all included in the definition of dust. The Contractor will be responsible for watering the work area where dust is generated from traffic, contractor’s operations and wind. Contractor’s area of operations includes areas outside of roadbed or trench limits where excavation, fill, or stockpiling of dirt or debris has taken place. The Contractor is responsible for monitoring all of the above-described areas in the project area during the life of the project, including holidays and weekends. The Contractor shall prepare for review and approval by the City, the required PM-10 plan. The plan shall be prepared in accordance with South Coast Air Quality Management District guidelines. The Contractor shall have a designated person Certified by the SCAQMD to prepare the PM-10 plan and oversee the approved dust control measures. Dust control shall include, but is not limited to the following: 1) Maintain dust control at all times by watering, including developing a water supply, and furnishing and placing all water required for work done in the contract. 2) Provide means to prevent track out onto public streets. 3) Provide street sweeping of material tracked onto public streets. 4.3 Water The Contractor shall make arrangements with the Coachella Valley Water District to obtain water from designated fire hydrants at or near the project for use in dust control. It shall be the responsibility of the contractor to pay for the water and any deposits required. The cost to furnish and apply water shall be included in the unit prices for the various items bid and no additional payment will be allowed therefore. Special Provisions 3000-9 4.4 Permits, Licenses and Inspection Fees The Contractor shall obtain and pay for all costs incurred for permits, licenses and inspection fees required by other agencies because his operations. Prior to starting any work, the Contractor shall be required to have a City of La Quinta Business License for the life of the contract; his subcontractors shall also have Business Licenses for the time they are engaged in work.The Contractor will also be required to obtain a no-cost encroachment permit from the City of La Quinta. 4.5 Air Contaminants The Contractor shall not discharge smoke, dust or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. 4.6 Notification The Contractor shall notify the City, local authorities, and utility companies, of his intent to begin work at least five days before work is to begin. The Contractor shall cooperate with local authorities relative to handling traffic through the area including coordinating with trash collection, school bus schedules, public transportation and emergency activities. Three days before work is to begin, the Contractor shall provide written notice of intent to begin work to all adjacent properties, per Section 4000. The written notice will be approved by the City prior to issuance and shall include at least the following information: brief description of the improvements, the name, address and phone number of the Contractor, and the date and time work is to begin and finish. Contractor shall update and repost the information in the event the work is rescheduled. END OF SECTION  dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐʹ,^/W/ŶƚĞƌĐŽŶŶĞĐƚ/ŵƉƌŽǀĞŵĞŶƚƐϰϬϬϬͲϭ       Section 4000 – General TECHNICAL SPECIFICATIONS 1.0 GENERAL REQUIREMENTS 1.1 Description of Work The work to be done consists of furnishing all labor, materials, tools, equipment, appurtenances, supervision, performing all operations, traffic control and all other necessary work including utility and transportation services required for the construction of the new citywide camera system. The new camera system shall be fully installed, configured, integrated, tested and commissioned to the manufacturer's specifications, these Technical Specifications, and the project plans. The work includes, but not limited to, furnishing and installing pull boxes, radios, conduit, ethernet cables, cameras, hangers, networking equipment (e.g. Ethernet switches, patch panel, server, software, work-stations with monitor, etc.), and system integration in accordance with the Plans, Standard Drawings, Specifications, and other provisions of this Contract. All work and payment shall conform to the provisions in Section 86, “Signals and Lighting”, of the State Standard Specifications and State Standard Plans (latest edition), the City of La Quinta Standard Plans and these Technical Specifications. The proposed project will create a citywide camera system utilizing the City’s existing fiber optic communications network. The camera system will be placed at both facilities and at the majority of main street intersections. The cameras will be a combination of 360-degree and fixed dome. The Contractor will be responsible for furnishing and installing the functional system complete in place with a 3-year maintenance period. The City will not supply any materials. Where there is a gap to connect the cameras to the network, it will be the responsibility of the Contractor to reconcile and get approval by the City.All work, either explicitly shown or not shown, to furnish and install a fully functional and connected camera system shall be considered as included in the bid schedule and no other compensation will be allowed. The citywide camera system includes, but is not limited to, the following locations and scopes: Base Bid x Fritz Burns Park o Four (4) 360-degree exterior cameras o Two (2) Radios o New Conduit both above ground and under-ground o Trenching in landscaping, concrete sidewalk, and asphalt (as needed) o Junction boxes o Ethernet cable in both new conduit and existing conduit  dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐʹ,^/W/ŶƚĞƌĐŽŶŶĞĐƚ/ŵƉƌŽǀĞŵĞŶƚƐϰϬϬϬͲϮ       o Device power cable and sourcing 120V AC power from nearest existing source o 2-strand fiber jumper o 12-strand single mode o Fiber Patch-panel o Network Switch (Patch Panel and Power Supply as needed) o All required harnesses to fix proposed equipment to locations on plans x La Quinta Park o Five (5) 360-degree exterior cameras o Six (6) Radios o Salvaging existing cameras to City Yard o Ethernet cable in existing conduit o Device power cable and sourcing 120V AC power from nearest existing source, if power is not functional a new source will be required o Network Switch (Patch Panel and Power Supply as needed) o Commercial grade exterior enclosures o All required harnesses to fix proposed equipment to locations on plans x City Hall o Five (5) 360-degree exterior cameras o Eight (8) fixed dome cameras o Salvaging existing cameras to City Yard o New conduit above ground o Ethernet cable/multi-modal 12-strand fiber in new and existing conduit o Device power cable and sourcing 120V AC power from nearest existing source o Patch Panel o Network Switch o Power Supply o All required harnesses to fix proposed equipment to locations on plans o Server and software (Paid under System Integration) o Two (2) PC-based work-station with monitor (Paid under System Integration) x Intersections o 49 signalized intersections o Six (6) roundabouts o Four (4) Radios o One (1) Hard drive for video storage o 58 multi-directional 360-degree combination cameras o New conduit both above ground and under-ground (as-needed) o Ethernet cable in new and existing conduit o Device power cable and sourcing 110V AC power from nearest existing source o Midspan (that is supplied with camera) o All required harnesses to fix proposed equipment to locations on plans  dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐʹ,^/W/ŶƚĞƌĐŽŶŶĞĐƚ/ŵƉƌŽǀĞŵĞŶƚƐϰϬϬϬͲϯ       Additive Alternate Bid x Wellness Center o Four (4) 360-degree exterior cameras o Two (2) fixed dome cameras o Salvaging existing cameras to City Yard o New conduit above ground o Ethernet cable in new and existing conduit o Device power cable and sourcing 120V AC power from nearest existing source o Network Switch (Patch Panel and Power Supply as needed) o All required harnesses to fix proposed equipment to locations on plans x Library o Two (2) 360-degree exterior cameras o Three (3) fixed dome cameras o New conduit above ground o Ethernet cable in new and existing conduit o Device power cable and sourcing 120V AC power from nearest existing source o Network Switch o All required harnesses to fix proposed equipment to locations on plans x La Quinta Park o One (1) 360-degree exterior camera o Minimum of one (1) radio to connect system o New conduit above ground and under-ground o Ethernet cable in new conduit o Device power cable and sourcing 120V AC power from nearest existing source. Existing power is 240/440V o All required harnesses to fix proposed equipment to locations on plans x Museum and Lumber Yard o Six (6) 360-degree exterior cameras o Two (2) fixed dome cameras o Three (3) Radios (one (1) to be placed at Library and tied with fiber network connection) o Salvaging existing cameras to City Yard o New conduit above ground and under-ground o Trenching in landscaping, concrete sidewalk, and asphalt (as needed) o Junction boxes o Ethernet cable in new and existing conduit o Device power cable and sourcing 120V AC power from nearest existing source o Two (2) Network Switches (Patch Panel and Power Supply as needed) o All required harnesses to fix proposed equipment to locations on plans  dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐʹ,^/W/ŶƚĞƌĐŽŶŶĞĐƚ/ŵƉƌŽǀĞŵĞŶƚƐϰϬϬϬͲϰ       x Sports Complex o Three (3) 360-degree exterior cameras o One (1) fixed dome camera o Two (2) Radios (one (1) to be placed at Avenue 50/Washington Street Intersection and tied with fiber network connection) o New Conduit both above ground and under-ground o Trenching in concrete sidewalk, o Ethernet cable in new and existing conduit o Device power cable and sourcing 120V AC power from nearest existing source o Network Switch (Patch Panel and Power Supply as needed) o All required harnesses to fix proposed equipment to locations on plans x Intersection o One (1) roundabout o One (1) Radio (to be pointed at Calle Tampico and Eisenhower) o One (1) multi-directional 360-degree combination camera o New conduit both above ground and under-ground (as-needed) o Ethernet cable in new and existing conduit o Device power cable and sourcing 110V AC power from nearest existing source o All required harnesses to fix proposed equipment to locations on plans 1.2 Drawings and Specifications The Standard Specifications as defined in Section 2000 shall govern the work for this project. All language in the Standard Specifications or State Standard Specifications shall remain in full force and effect, unless the language in the prevailing Contract Document specifically cities the section number and Standard Specification section or State Standard Specifications section. Applicable State Standard Plans are provided in the Attachments Section of these Technical Specifications. The project drawings and details are considered as part of these specifications, and any work or materials shown on the drawings not mentioned in the specifications, or vise-versa are executed as if specifically mentioned in both. The work to be done under this Contract requires the completion of all work in accordance with the General Conditions, the Special Provisions and these Technical Specifications herein, and the Standard Specifications and Standard Drawings or the State Standard Specifications and State Standard Plans, as modified herein. x In the case of conflict between the Standard Specifications/Standard Drawings and the Special Provisions/Technical Specifications/Construction Drawings;the Special Provisions and Technical Specifications shall take precedence over all of the following referenced Standard Specifications/Standard Drawings, in all areas.  dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐʹ,^/W/ŶƚĞƌĐŽŶŶĞĐƚ/ŵƉƌŽǀĞŵĞŶƚƐϰϬϬϬͲϱ       1.3 Accuracy of Plans Accuracy of Plans shall comply with Section 2000-7.0 “Existing Utilities”. The drawings were prepared on record drawing maps. Contractor will be responsible to field review project prior to start of work to confirm exact locations of existing improvements and proposed improvements. 1.3.1 Utility Coordination Utility Coordination shall comply with Section 2000-7.0 “Existing Utilities”. Existing utilities are NOT shown on the drawings. The fiber-network record drawings are provided in the appendix. The Contractor shall verify exact location of all utilities prior to the start of construction. 1.3.2 Field Locating Existing Underground Utilities At least two working days (48 hours) prior to any potholing or excavating, the Contractor shall contact Underground Service Alert of Southern California at 811 for a Dig Alert I.D. Number. Section 4216/4217 of the Government Code requires a Dig Alert Identification number be issued before a "Permit to Excavate" will be valid. The Contractor shall pothole all underground utilities which are shown on the Plans, or marked in the field by utility owners as being within 5 feet horizontal distance from the edge of any planned underground conduit alignment, and which are at or above the planned project facility. The Contractor shall pothole all utility crossings on public streets. The Contractor shall verify depth of all service utility crossings under sidewalk at a minimum of one hundred (100) foot intervals along each utility. The potholing shall be done ahead of the directional borings or trench excavation and conduit laying such that the information on horizontal location and depth shall be given to the Agency’s Authorized Representative at least 3 days ahead of construction but not greater than 21 days ahead of construction in that area. The Contractor shall refill these potholes immediately after establishing those locations. The refilling shall conform to the relative compaction requirements for trenches per City Standard Plan 600. In the event obstructions are encountered during the progress of the Work which will require alterations to the Plans, or if potholing indicates utilities are located other than as shown on the Plans, the Agency’s Authorized Representative shall have the authority to change the Plans and order the necessary deviation from the project planned line and grade.  dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐʹ,^/W/ŶƚĞƌĐŽŶŶĞĐƚ/ŵƉƌŽǀĞŵĞŶƚƐϰϬϬϬͲϲ       The Contractor shall not make any deviation from the specified line and grade without approval by the Agency’s Authorized Representative. Should any deviations in the line and grade be permitted by the Agency’s Authorized Representative at the request of the Contractor, any additional costs for pavement restoration, or other additional costs shall be borne by the Contractor. Full compensation for potholing and refilling shall be considered as included in the price bid for other items of work and no additional compensation will be allowed therefor. 1.4 Verifying Drawing and Job Conditions Contractor shall examine all project plans and specifications, record drawings in a manner to fully understand all work required, and all existing conditions. Contractor shall visit the project site and verify existing conditions. If necessary, the Contractor shall make adjustments and allowance for all necessary equipment to complete all parts of the work shown per the project plans and specifications. 1.5 Drawing of Records (As-Built Drawings) See Section 3000-1.4 “Drawings of Record’ for details. See below, Section 4000-9.2.18 “As-Built Plans” for additional details and payment. 1.6 Permits and Licenses In lieu of Section 7-5, "Permits", of the Standard Specifications, the Contractor shall obtain permits for all work within the City public right-of-way, and the project area and will maintain proper safety and regulatory signs for such work. The City will waive the permit fee. The Contractor shall obtain and pay all costs incurred for licenses necessitated by their operations. Prior to starting any work, the Contractor and all sub- contractors, shall be required to have a City of La Quinta Business License valid for the time they are engaged in work. The Contractor shall be responsible to obtain encroachment permits required by agencies other than the City of La Quinta necessitated by his operations for this project. This includes fees required within the right-of-way of these other agencies and other public right-of-way. The cost of these fees shall be considered as included in the various contract bid items or included in the lump sum price paid for various contract items of, and no additional compensation will be made therefor.  dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐʹ,^/W/ŶƚĞƌĐŽŶŶĞĐƚ/ŵƉƌŽǀĞŵĞŶƚƐϰϬϬϬͲϳ       1.7 Guarantee The Contractor shall guarantee the entire work constructed by him under this contract and will fully meet all requirements as to quality of workmanship and materials furnished by him. The Contractor shall make, at his own expense, any repairs or replacements made necessary by defects in workmanship or materials furnished by him that becomes evident within one (1) year after filing of the Notice of Completion of the work and to restore to full compliance with the requirements of these specifications, and part of the work which during the one (1) year period is found to be deficient with respect to any provision of the plans and specifications. The Contractor shall make all repairs and replacements promptly upon receipt of written orders from the Engineer. If the Contractor fails to make the repairs and replacements promptly, the City may do the work and the Contractor and his surety shall be liable to the City for the cost. 1.8 Construction Schedule Construction Schedule shall comply with Section 2000-4.2 and the following: In addition, the Contractor shall prepare a construction schedule in conformance with the Provisions in Section 6-1, "Construction Schedule and Commencement of Work," of the Standard Specifications, which shall include but not be limited to the removal of existing signal interconnect and installation of fiber optic cable and conduit within the limits as shown on the project plans. This schedule shall be reviewed and approved by the Engineer before any of these processes begin. Where areas of additional removal are found to be needed during the course of this work, the Engineer may provide for such work to be performed by other forces or direct that it may be performed by the Contractor as a change in the work. 1.9 Order of Work Order of work shall conform to the provisions in Section 5-1.05, “Order of Work", of the State Standard Specifications and these Technical Specifications. The Contractor shall provide shop drawings to the Engineer, for the City’s review and approval prior to ordering materials and equipment. This includes, but not limited to: Ethernet switches, ethernet radios, power supplies, cameras, patch panels, server, work-stations with monitor, storage drive, ethernet cable, portland cement concrete mix, galvanized rigid conduit, HDPE conduit, PVC conduit, fiber optic cable, pull tape, bare bond wire, warning tape, pull boxes, junction boxes/splice vaults, and splice connectors. See below, Section 4000-1.10 “Shop Drawings” section for additional details. The Contractor shall furnish the City or his/her assigned representative with a statement from the vendor that the orders for the various equipment have been received and accepted by the vendor.  dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐʹ,^/W/ŶƚĞƌĐŽŶŶĞĐƚ/ŵƉƌŽǀĞŵĞŶƚƐϰϬϬϬͲϴ       The Contractor shall perform sub-surface work, consisting of the verifying condition of existing conduit, pull boxes, and cabinets prior to receipt of all electrical materials and equipment, and shall begin said work on the date specified in the Notice to Proceed. The Contractor shall notify local authorities and utility companies of his intent to begin work at least two (2) days before work is begun. The Contractor shall cooperate with local authorities in handling traffic through the area. As part of the first order of work, the Contractor shall fully test and document the existing fiber optic network backbone to verify its functionality and identify any unknown breaks in the line(s) prior to work on the new project improvements. See below, Section 4000-9.2.16.1 for testing requirements, and Section 4000-9.2.16.1a(4)A for location and coordination requirements. Above ground work (such as: connections to traffic signals, work within traffic signal controller cabinets, and communication hub installations) shall not commence until such time that the Contractor notifies the Engineer, in writing, of the date that all electrical materials and equipment are received, and said work shall start within 15 days after said date. No materials or equipment shall be stored at the job site until receipt of said notification by the Engineer. The job sites shall be maintained in neat and orderly condition at all times. Materials and equipment shall be stored so as not to create a public nuisance and to insure the preservation of their quality and suitability for the work. No materials or equipment shall be stored at the project site unless its use is imminent. 1.10 Shop Drawings Submittals shall comply with Section 1500-4.0 and the following: Shop drawings are drawings, diagrams, illustrations, schedules, performance charts, brochures, product sheets, and other data which are prepared by the Contractor or any Subcontractor, manufacturer, supplier or distributor, and which illustrate some portion of the work. The Contractor shall review, stamp with its approval, and submit for review by the Engineer, electronic copies (PDF format is preferred) of shop drawings for the following items including, but not limited to: 1. Portland Cement Concrete 2. Asphalt Concrete 3. HDPE Conduit 4. PVC Conduit 5. Galvanized Rigid Conduit 6. Tracer Wire  dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐʹ,^/W/ŶƚĞƌĐŽŶŶĞĐƚ/ŵƉƌŽǀĞŵĞŶƚƐϰϬϬϬͲϵ       7. Pull Tape 8. Fiber Optic Cables 9. Conductors 10.Pull/Junction Boxes 11.Connectors 12.Ethernet Switches 13.Ethernet Radios 14.Power Supply 15.Power Cable 16.Patch Panel 17.Compatible Ethernet Cables (Outdoor Rated) 18.Server 19.Hard Drive 20.PC-based work-stations 21.24” monitor 22.360-degree camera 23.Fixed-dome camera 24.Multi-directional 360-degree combination camera Drawings shall show the name of the project, project number, the name of the Contractor, and, if any, the name of suppliers, manufacturers, and subcontractors. Show drawings shall be submitted with promptness and in orderly sequence so as to cause no delay in prosecution of the work. Drawings shall be submitted electronically (PDF format is preferred) on 8-1/2” by 11” or 11” by 17” sheets. By submitting shop drawings, the Contractor represents that materials, equipment, and other work shown thereon conform to the plans and specifications, except for the deviations set forth in the letter of transmittal. Within twenty (20) days after receipt of said drawings or sooner, the Engineer or his/her assigned representative will return electronic drawings to the Contractor with its comments noted thereon. If so noted by the Engineer or his/her assigned representative, the Contractor shall correct the drawings and resubmit them in the same manner as specified for the original submittal. The Contractor shall direct specific attention in the letter of transmittal accompanying resubmitted shop drawings to revisions other than the corrections requested by the Engineer or his/her assigned representative on previous submittals. No portion of the work requiring a shop drawing submittal shall be commenced until the submittal has been reviewed by the City’s representative and returned to the Contractor with a notation indicating that resubmittal is not required.  dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐʹ,^/W/ŶƚĞƌĐŽŶŶĞĐƚ/ŵƉƌŽǀĞŵĞŶƚƐϰϬϬϬͲϭϬ       The review by the Engineer or his/her assigned representative is only of general conformance with the design concept of the project and general compliance with the plans and specifications, and shall not be construed as relieving the Contractor of the full responsibility for providing materials, equipment, and work required by the Contract; the proper fitting and construction of the work; the accuracy and completeness of the shop drawings; selecting fabrication processes and techniques of construction; and performing the work in a safe manner. These items represent the minimum and additional may be requested by the Engineer or his/her assigned representative as required. Full compensation for this work shall be included in the various bid items and no additional compensation will be allowed therefor. Bid Item 1: MOBILIZATION 2.0 MOBILIZATION Mobilization shall conform to the provisions in Section 9-3.4, “Mobilization” of the Standard Specifications. Mobilization includes expenditures for all preparation of work in operations, including but not limited to, those costs necessary for the movement of personnel, equipment, supplies and incidentals to the project site, for the establishment of all facilities necessary for work on the project, and for all other work and operations which must be performed, and costs incurred prior to the beginning of work on the various contract items on the project site including the related demobilization costs anticipated at completion of the project. Payment 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, as defined and approved by City Staff. The remaining fifty percent (50%) shall be paid after the Contractor is completely the demobilized, all project sites have been restored satisfactorily by the Engineer, and the project cleanup is completed. Bid Item 2: DUST CONTROL 3.0 DUST CONTROL Dust control shall comply with Section 3000-4.2 of these specifications. Payment All costs associated dust control shall be included in the contract lump sum price and shall include full compensation for all labor, material, equipment, tools and incidentals as necessary, and as required by the Engineer, no additional compensation will be allowed therefor.  dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐʹ,^/W/ŶƚĞƌĐŽŶŶĞĐƚ/ŵƉƌŽǀĞŵĞŶƚƐϰϬϬϬͲϭϭ       3.1 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. 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. Bid Item 3: TRAFFIC CONTROL 4.0 TRAFFIC CONTROL/SITE CONTROL Delete the provisions of sections 2015 Greenbook Sections 600-601. Traffic Control shall comply with Section 3000-4.1 of these specifications. Payment All costs associated with traffic control, traffic handling and staging, traffic maintenance, safety protection, sidewalk closures, detours (vehicles, bicyclists, and pedestrians), signing, striping, cones, delineators, barricades, and construction phasing shall be included in the contract lump sum price for traffic control and shall include full compensation for all labor, material, equipment, tools and incidentals as necessary, and as required by the Engineer, no additional compensation will be allowed therefor. 5.0 TREATED SOILS, SUBGRADE PREPARATION, AND PLACEMENT OF BASE MATERIALS (NO BID ITEM) Preparation of the pavement subgrade shall conform to the provisions of Section 301-1 of the Standard Specifications, and these Technical Specifications. 301-1.3 Relative Compaction. [Add the following]: Relative compaction shall be modified to require 95% relative compaction of the top 12” of the subgrade in lieu of 90% allowed under base material. 301-1.7 Payment. [Add the following]: Full compensation for subgrade preparation including furnishing all labor, material, equipment and incidentals necessary to perform the items of work shall be included in the various bid items for installation of new conduit and pull boxes, and no additional compensation will be allowed therefor.  dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐʹ,^/W/ŶƚĞƌĐŽŶŶĞĐƚ/ŵƉƌŽǀĞŵĞŶƚƐϰϬϬϬͲϭϮ       301-2 UNTREATED BASE 301-2.1 General. [Replace with the following]: Untreated base shall be Crushed Aggregate Base and shall conform to the Provisions of the Subsection 200-2, “Untreated Base Materials”, of the Standard Specifications. 301-2.4 Measurement and Payment. [Add the following]: Full compensation for Crushed Aggregate Base (CAB) including furnishing all labor, material, equipment and incidentals necessary to perform the items of work shall be included in the various bid items for installation of new conduit and pull boxes, and no additional compensation will be allowed therefor. 6.0 ASPHALT CONCRETE (NO BID ITEM) Asphalt Concrete shall be included full depth sections and conform to the requirements of Subsection 203-6 and Section 302-5 of the Standard Specifications, and these Technical Specifications. 203-6 ASPHALT CONCRETE 203-6.1 General. [Add the following to the end of the Subsection]: Asphalt Concrete shall conform to the provisions of Subsection 400-1, “Rock Products”, and Subsection 400-4, “Asphalt Concrete”. The viscosity grade of paving asphalt shall be PG 70-10. The following aggregate size shall be used: Finish Course ½” Max. Medium Aggregate The Contractor shall submit final asphalt mix design to the City for review prior to paving. 6.1 Asphalt Concrete Pavement 1. Asphalt concrete material shall conform to class B-PG 70-10, as specified in Section 203-6, “Asphalt Concrete Pavement”, 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 on lift.  dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐʹ,^/W/ŶƚĞƌĐŽŶŶĞĐƚ/ŵƉƌŽǀĞŵĞŶƚƐϰϬϬϬͲϭϯ       5. No roller shall be permitted to stand motionless on any portion of the work before it has 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]: The finish course shall be PG 70-10 with a maximum ½” maximum medium aggregate. 302-5.9 Measurement and Payment. [Add the following]: Full compensation for Asphalt Concrete including furnishing all labor, material, equipment and incidentals necessary to perform the items of work shall be included in the various bid items for installation of new conduit and no additional compensation will be allowed therefor. 6.2 Sawcutting Existing asphalt concrete pavement that is to match proposed asphalt concrete surfacing shall be sawcut to a neat vertical surface. Existing asphalt concrete pavement that is unsound, as determined by the City Inspector or Engineer shall be removed to the limits of work as required. Full compensation for Sawcutting including furnishing all labor, material, equipment and incidentals necessary to perform the items of work shall be included in the various bid items for installation of new conduit and no additional compensation will be allowed therefor. 6.3 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. 6.4 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. 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.  dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐʹ,^/W/ŶƚĞƌĐŽŶŶĞĐƚ/ŵƉƌŽǀĞŵĞŶƚƐϰϬϬϬͲϭϰ       3. Damaged areas of pavement shall immediately be repaired to protect the subgrade from surface waters. 4. The pavement thickness shall support repeated loading from heavy construction equipment. 6.5 Warranty The Contractor shall furnish an unqualified warranty 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 work by the City. 7.0 CONCRETE AND MASONRY CONSTRUCTION (NO BID ITEM) Concrete construction shall conform with Section 201 “Concrete Mortar, and Related Material” and Section 303, “Concrete and Masonry Construction”, of the Standard Specifications, and these Technical Specifications. Curing compound shall be Type 2-Clear pigmented only for all concrete. Curing Compound must be applied to all concrete surfaces at the application rate required in Section 201-4 of the Standard Specifications. Preparation of existing native subgrade in areas where Portland cement concrete improvement will be constructed shall conform with Section 301-1, “Subgrade Preparation”, of the Standard Specifications. 201-1 PORTLAND CEMENT CONCRETE 201-1.1 Requirements 201-1.1.2 Concrete Specified by Class [Add the following]: Construction Class Sump Sidewalks, Curb and Gutters, Pavement, Catch Basins 560-C-3250 3” Concrete surrounding manhole, cleanouts, and vault frames 560-C-3250 4” Cabinet Foundations 560-C-3250 3” 201-1.2 Materials 201-1.2.1 Portland Cement [Delete the first paragraph and add the following]: The cement to be used or furnished shall be Type V Portland Cement conforming to ASTM C150, unless otherwise specified.  dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐʹ,^/W/ŶƚĞƌĐŽŶŶĞĐƚ/ŵƉƌŽǀĞŵĞŶƚƐϰϬϬϬͲϭϱ       7.1 Concrete Curb and Gutter, Sidewalks, Access Ramps, and Driveways Concrete curbs, walks, access ramps, and driveways shall conform to the provisions of Section 303-5 of the Standard Specifications, and these Technical Specifications. 303-5.1.1 General. [Add the following paragraph]: Concrete curbs, walks, gutters and access ramps shall conform to the Standard Specifications as modified herein. Immediately after finishing operations are completed, Type II concrete curing compound shall be applied at the rate of 1 gallon per 150 ft². All pull boxes, manholes, water meter boxes, valve boxes, and other utilities indicated on the plans shall be adjusted to the proposed finished grade and approved by the City prior to the placement of concrete. 303-5.5.2 Curb. [Add the following paragraph]: New curb/gutter shall be constructed to match, as appropriate, the existing curb/gutter. 302-5.9 Measurement and Payment. [Add the following]: Full compensation for work related to Concrete Curb and Gutter, Sidewalks, Access Ramps, and Driveways including furnishing all labor, material, equipment and incidentals necessary to perform the items of work shall be included in the various bid items for installation of new conduit and pull boxes, and no additional compensation will be allowed therefor. Bid Item 4 through Bid Item 6 8.0 CAMERA SYSTEM Work in this section shall conform to Section 86, “Signals, Lighting and Electrical Systems”, of the State Standard Specifications and State Standard Plans, and these Technical Specifications, unless specified otherwise. 86-1.01A Brand Name Equal [Add the following to Section 86-1 “General" of the State Standard Specifications]: On the Plans or in the Specifications, certain articles or materials to be incorporated in the Project may be designated under a brand name/manufacturer or the equal thereof. Such designations are intended to be descriptive, but not restrictive, and are to indicate the quality and characteristics of articles and materials that shall be satisfactory. The use of alternative articles or materials which are of equal quality and of the required characteristics for the purposes intended will be permitted, subject to the requirements listed below.  dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐʹ,^/W/ŶƚĞƌĐŽŶŶĞĐƚ/ŵƉƌŽǀĞŵĞŶƚƐϰϬϬϬͲϭϲ       Unless the Contractor clearly indicates in the submitted bid that it is proposing to use an "equal" product, the bid shall be considered as offering a product referred to by brand name in these Specifications. The brand name, if any, of the proposed substitute product shall be listed on an attachment to the bid and shall indicate the product referred to by brand name in these Specifications that it is proposed to be substituting. The awarding of a contract to a Contractor who has indicated in the bid that it is proposing to use an "equal" product shall not constitute an admission by the City of the equality of said product. The Contractor understands and agrees that in so awarding a contract, the City reserves the right to reject any such proposed substituted product. The Contractor further understands and agrees that in the event the City rejects a proposed "equal" product, the Contractor shall then supply either a product designated by brand name in the Specifications or a substitute which meets project requirements, and with the approval of the City. With respect to all proposed substitutions of "equal" products, the Contractor shall submit all pertinent and appropriate data substantiating the request for said substitutions within thirty (30) days after the award of a Contract. In this regard, the Contractor shall note that the City is not responsible for locating or securing any information which is not included in said substantiating data. The burden of proof as to the equality or suitability of the proposed alternative products is borne entirely by the Contractor. The Engineer shall be the sole judge as to the equality and/or suitability of proposed alternative articles or materials, and the decision of the Engineer shall be final and conclusive. Unless extended by mutual agreement of the parties, the Engineer shall notify the Contractor of the decision concerning the proposed substitution of "equal" items within thirty (30) days after submission of the substantiating data. All such decisions by the Engineer shall be in writing, and no proposed alternative product shall be deemed approved unless the Engineer has so indicated in writing. COST BREAKDOWN Cost breakdowns shall conform to the provisions in Section 86-1.03, “Cost Breakdown”, of the State Standard Specifications, and these Technical Specifications. The City shall be furnished a cost breakdown for each bid item of work. The cost breakdown shall be submitted to the Engineer for approval within 15 days after the contract has been approved. The cost breakdown shall be approved, in writing, by the Engineer before any partial payment for the items of work will be made.  dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐʹ,^/W/ŶƚĞƌĐŽŶŶĞĐƚ/ŵƉƌŽǀĞŵĞŶƚƐϰϬϬϬͲϭϳ       8.1 General 8.1.1 Equipment List and Drawings Section 86-1.04 Equipment List and Drawings of the State Standard Specifications shall be modified to include the following: The Contractor shall submit materials list, manufacturers data, product sheets, brochures, and technical data, etc., which shall be labeled and identified, and submitted in bound booklet form 8½” by 11” minimum and submitted electronically (PDF format is preferred). The Contractor shall provide a copy to the City the Equipment List within ten (10) working days after the date of the “Notice of Contract Award”. The Contractor shall retain one (1) copy of all approved material lists and samples at the job site, readily accessible for inspection by the Engineer. The materials list and samples shall be the basis for approval or rejection of work. Each field cabinet which is connected to the communication system shall be updated to include the following: x The wiring diagram for the communication elements at that site x The system schematic diagram 8.1.2 Warranty The supplier of equipment shall warranty their product to be free from defect in design and operation and that it meets all the requirements of the project and these Technical Specifications. The term of the warranty for all system equipment including, but not limited to, Ethernet switches, ethernet cable, cameras, etc. shall be at minimum through the Maintenance Period. 8.2 Materials and Installation 8.2.1 Conduit a. Material Rigid non-metallic conduits conforming to the requirements in UL Publication 651 for Rigid Non-metallic Conduit (2” or 3" PVC Schedule 80) shall be used, except where High Density Polyethylene (HDPE) conduit is required per plan. HDPE shall be the smooth wall type packaged in continuous lengths for fast installation with minimal joints. HDPE conduit shall conform to ASTM D1248, D3035 and NEMA standards publication TC- 2, TC-7.  dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐʹ,^/W/ŶƚĞƌĐŽŶŶĞĐƚ/ŵƉƌŽǀĞŵĞŶƚƐϰϬϬϬͲϭϴ       Galvanized rigid steel conduit shall be used for conduit entering foundations only, as shown on project plans. Galvanized rigid steel conduit shall be the rigid metallic type with zinc coating meeting the testing requirements established by ASTM Designation: A239. HDPE conduit shall have the following characteristics: 2” diameter, Schedule 80 HDPE, Grey in color Manufactured from flexible HDPE, makes gradual bends without special equipment Continuous lengths reduce joining costs Smoothwall, NEMA TC-7 Outstanding long term cable protection from shifting ground, rock and root impingement Provides a permanent pathway, simplifies future cable repairs or replacement UL Listing Available from ½” - 6” for SDR 13.5, SCH 40 and SCH 80 Kevlar High Strength Conduit Measuring Tape, 3/4” tape 2,500lb tensile strength (or approved equivalent), shall be included within all HDPE, PVC and Galvanized Rigid conduits at the time of installation. A bare #10 ground wire shall be included in all new conduit. The bare #10 ground wire spliced together and connected to the “equipment ground bus” bar inside the controller cabinet. New conduit runs shall be of the same size and material throughout the run. Empty HDPE or PVC conduit shall include a bare #10 ground wire and a Kevlar High Strength Conduit Measuring Tape, 3/4” tape with 2,500lb tensile strength. Existing underground conduit being incorporated into a new system shall be cleaned with a mandrel or cylindrical wire brush and blown out with compressed air. All new conduit runs shall be 2” or 3” in diameter. When existing conduit runs are to be modified, or extended, the material and size of the new conduit shall be the same as the existing conduit. b. Installation All conduits shall be installed to have a minimum of 36-inch of cover under roadway surfaces.  dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐʹ,^/W/ŶƚĞƌĐŽŶŶĞĐƚ/ŵƉƌŽǀĞŵĞŶƚƐϰϬϬϬͲϭϵ       For directional bore method, North American Society of Trenchless Technology (NASTT) Horizontal Directional Drilling (HDD) Good Practices Guidelines shall be used in all HDD operations. While performing Directional Drilling and Trenching Operations for the avoidance of existing utilities and below ground structures Common Ground Alliance (CGA) Best Practices shall be followed. Utilities have not been shown on the plans. Specific locations and field conditions are anticipated to change as these utilities are physically identified. It is the Contractors responsibility to use best practices when drilling for drilling fluid containment, clean up and disposal in accordance with all local and state laws and environmental practices. Daily clean-up of fluids and mud is expected during the project. All bore pits, trench dimension and backfill shall comply with the trench compaction requirements per City of La Quinta Standard Drawing No. 600 “Trench Detail”. c. Open Trench All open trench and excavation operation shall conform to the City of La Quinta Standard Drawing No. 600 “Trench Detail”, including the trench details shown on plans, and these Technical Specifications. All conduit runs shall be installed by approved boring, jacking or drilling methods. Trenching shall only be allowed as authorized by the Engineer. PVC conduit shall be installed in open trenches and in pavement trenches whose edges have been sawcut, except in the vicinity of pull boxes where it may be bored in pre-drilled, augured or air-blown holes. Generally, trenches should be a minimum four inches wide. Where trenching occurs within Portland Cement Concrete, a 24-inch wide section of roadbed whose edges have been sawcut shall be removed. d. Installation in Roadways Conduit shall be installed at a consistent depth throughout a block with minimum cover of 36 inches, unless otherwise approved by the City. Where there is no gutter, the trench shall be at 36 inches from the existing or future curb face (which will accommodate the construction of a 24-inch wide gutter in the future), or as shown otherwise on the project plans. Removal and replacement of all pavement between the trench and the edge of the existing pavement shall be done at the discretion of the Engineer. Asphalt concrete pavement resurfacing shall conform to section 4000.6 of these specifications and City of La Quinta Standard Drawing No. 600 “Trench Detail” and the Standard Specifications for Public Works Construction. It is desirable to maintain a straight alignment. Routing of a conduit at a bus pad or at any other protrusions beyond the gutter edge must be approved by the Engineer. It should be noted that some installations might require locations in back of the curb.  dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐʹ,^/W/ŶƚĞƌĐŽŶŶĞĐƚ/ŵƉƌŽǀĞŵĞŶƚƐϰϬϬϬͲϮϬ       Locations where conduits are within one foot vertically and two feet horizontally from, or otherwise in conflict with, existing utilities will not be permitted. e. Installation in Parkways/Sidewalks All conduit installations in parkways either open trench or directional bore, shall have a minimum depth of 24-inch. All existing improvements in parkways, including landscaping and sprinklers, shall be protected from damage or restored to pre-construction condition. Full compensation for this work shall be considered as included in the price bid for other items of work and no additional compensation will be allowed therefor. f. Backfill Backfill in pipe zone and bore pits shall be clean sand or pea gravel. The remaining backfill may be a one-sack sand-Portland Cement slurry mix or 3/4" crushed miscellaneous base (CMB) at the discretion of the Engineer. All backfill shall comply with the City of La Quinta Standard Drawing No. 600 “Trench Detail” and the Standard Specifications for Public Works Construction. g. Measurement The measurement for conduit shall be in length feet on horizontal plane only, between two structures (such as foundations, pull boxes, splice vaults, etc), and shall take into account of the bending radii and all additional length required within each structure. No additional payment is allowed for conduit bends (bending radii). Payment Full compensation for this work shall be considered as included in the price bid for other items of work and no additional compensation will be allowed therefor. 8.2.2 Conduit Sealing Plugs Except as otherwise noted, all conduits shall have their ends sealed with commercial preformed plugs which prevent the passage of gas, dust, and water into these conduits. Sealing plugs shall be installed within each splice vault, pull box, cabinet, or building. Conduits shall also be sealed for firestopping per latest building codes. Sealing plugs shall be removable and reusable. Plugs sealing conductors or cables shall be the split type that permits installation or removal without removing conductors or cables. Sealing plugs used to seal fiber optic conduits shall be capable of withstanding a pressure of 5 PSI.  dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐʹ,^/W/ŶƚĞƌĐŽŶŶĞĐƚ/ŵƉƌŽǀĞŵĞŶƚƐϰϬϬϬͲϮϭ       A sealing plug that seals an empty conduit shall have an eye or other type of capturing device (on the side of the plug that enters the conduit) to attach onto the pull rope, so the pull rope will be easily accessible when the plug is removed. Payment Full compensation for furnishing and installing conduit sealing plugs shall considered included in the various bid items and no additional compensation will be allowed therefor. 8.2.3 Pull Tape Pull tape shall be a flat woven lubricated soft fiber polyester tape with a minimum tensile strength of 2,500lb and have printed sequential measurement markings every 3 feet. At least 2 feet of pull tape must be doubled back into the conduit at each end. Contractor’s personnel shall be stationed at each end through which the cable is to be pulled to lubricate and prevent kinking or other damage. One pull tape shall be provided end to end per conduit run. Pull tape shall be placed in the new conduits at Fritz burns Park Only. Payment Full compensation for furnishing and installing pull tape (3/4” tape 2,500lb) in new conduit shall be considered as included in the various bid items (one pull tape end to end per conduit run), and no additional compensation will be allowed therefor. 8.2.4 Pull Boxes (No. 6E Pull Box) Pull boxes shall conform to the provisions of Section 86-2.06 "Pull Boxes" of the State Standard Specifications and these Special Provisions. Pull boxes, pull box covers and pull box extensions shall be Fiberlyte type. All pull box lids shall be inscribed "FIBER OPTIC". Pull box lids shall be Fibrelyte type. No. 6 pull boxes shall be installed at all locations, unless otherwise approved by the City. If a service pull box is installed it shall be separated from the intersection and communication cable wiring whenever possible, with the service pull box lid labeled, “ELECTRIC”. The tops of pull boxes installed in the sidewalk areas shall be flush with the surrounding grade or the top of the adjacent curb. Where practical, pull boxes adjacent to standard poles (traffic signal or street light) shall be placed with a clearance of three (3) feet from the side of foundations.  dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐʹ,^/W/ŶƚĞƌĐŽŶŶĞĐƚ/ŵƉƌŽǀĞŵĞŶƚƐϰϬϬϬͲϮϮ       Pull boxes shall not be placed in curb ramp areas or driveways. Pull boxes shall be located beyond the door opening paths of traffic signal controller cabinets, and communication hub cabinets. Unless physically impractical, pull boxes shall be installed at least six (6) inches from any substructure or back of curb. This is to allow for rock under and cement around the pull box. For proposed conduit runs, the spacing between the pull boxes shall be at intervals not to exceed 500 feet. For all other runs (such as electrical service conductors), pull boxes shall be spaced at intervals not to exceed 300 feet. Within the pull box, the conduit shall be placed in a manner that the lowest portion of the opening shall be a minimum of 2” above the bottom of the pull box; the top portion of the opening shall be not less than 8” from the top of the pull box. The conduit shall be placed in a manner to allow the cable/wire to be pulled in a straight line and clear the side of the pull box by at least 2”. All pull boxes shall provide 6” clean crushed rock sump below the pull box, and ground rod. All metal conduits shall be bonded & grounded. If an existing pull box is damaged prior to construction, the contractor shall be required to replace the pull box and to be compensated under the replacement pull box bid item. If an existing pull box is damaged during construction due to Contractor’s operation, the Contractor shall be required to replace the pull boxes at its own expense. Replacement of pull boxes shall be per details shown on project plans. PCC Sidewalk PCC restoration shall comply with section 4000-7.0 for sidewalk construction and replacement for utility potholing, pull box, splice vault, conduit installation and bore locations shall be sawcut and replaced from joint to joint to match existing and comply with City of La Quinta standard plans. Payment Full compensation for furnishing and installing No. 6 pull boxes/ Fiber Optic Splice Vaults (No. 6E pull boxes) shall be considered as included in the various bid items, and no additional compensation will be allowed therefor. Full compensation for construction of PCC sidewalk shall be considered be considered as included in the various bid items, and no additional compensation will be allowed therefor. 8.2.5 Remove Existing Camera and cable The Contractor shall remove existing cameras and associated cables at each facility as called out in the plans. The existing cable shall become the property of the Contractor. The camera shall be returned the City Yard.  dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐʹ,^/W/ŶƚĞƌĐŽŶŶĞĐƚ/ŵƉƌŽǀĞŵĞŶƚƐϰϬϬϬͲϮϯ       The Contractor shall NOT remove the camera without written approval from the City.The Contractor shall contact Kris Gunterson at (760) 636-8170 or email kgunterson@laquintaca.gov, two weeks prior to removal of the existing cameras. Payment Full compensation for removing the existing camera conduit and salvaging the camera to the City Yard shall be considered be considered as included in the various bid items, and no additional compensation will be allowed therefor. 8.2.6 Conductors, Cables, and Fiber The Contractor shall provide wire and cable as specified, or as recommended by the manufacturer. Wiring shall meet NFPA 70 standards. Cable shall be rated and approved for the intended use. a. Data Cable for Cameras: The plans show CAT-6 cable. Contractor shall confirm if this cable is compatible with the camera system. Contractor shall alert City if alternate needs to be used for system functionality. A. General Specifications ϭ͘Compliance: All conductive cabling and associated components must comply with the appropriate electrical code. Ϯ͘The cable shall be an accepted product of the United States Department of Agriculture Rural Utilities Service (RUS) 7 CFR 1755.900 (PE-90). ϯ͘The cable shall be rated for specific application use: i. For Plenum Applications: Listed for use in air-handling spaces. Features are as specified for cables, conductors, and UTP workstation cable. Plenum rated cable shall meet applicable requirements of ANSI/ICEA S-80-576, and shall be UL certified to conform to UL910, CMP and shall be marked as such. ii. Underground Applications: Cables to be installed in underground conduits shall be constructed with a water block material to prevent moisture to penetrate to the core of the cable and shall meet the requirements of ICEA S-99-569. ϰ͘Coordinate color with the City prior to ordering product. ϱ͘Camera Power Wiring (Non-POE Applications): Contractor shall ensure power wiring is sufficient to deliver required power to cameras, regardless of distance from the power supply. Provide larger gauge wire where required to compensate for voltage drop. ϲ͘Exposed Camera Wiring: Wiring between camera enclosures and their respective ‘J’ Box shall be in “Sealtite” flexible conduit. Sealtite shall be firmly affixed to ‘J’ Box cover plate and camera enclosure.  dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐʹ,^/W/ŶƚĞƌĐŽŶŶĞĐƚ/ŵƉƌŽǀĞŵĞŶƚƐϰϬϬϬͲϮϰ       B. Cable Installation ϭ͘Wires shall be installed in conduit or in another approved raceway, unless otherwise noted or excepted. Where a wire run is above a suspended ceiling, its conduit or raceway shall be tied up or clamped to the supports and not left to sit on top of the ceiling panels. Ϯ͘Conduit Verification: Verify that conduit has been installed, de- burred and properly joined, routed and terminated prior to pulling of cables. ϯ͘Wire Pulling: Apply a chemically inert conduit lubricant to wire and cable prior to pulling. Do not subject wire and cable to tension greater than recommended by the manufacturer. ϰ͘Wire Routing: Secure wire and cable runs vertically in conduit for continuous distances greater than 30 feet at the vertical run terminations. Non-coaxial cables shall be secured by screw-flange nylon cable ties or similar devices. Symmetrical clamping devices with split, circular or other wire conforming, non-metallic bushings shall be provided for other cables. ϱ͘Cable Pathways i. In suspended ceiling and raised floor areas where duct, cable trays or conduit are not available, the Contractor shall bundle, in bundles of 50 or less, station wiring with half inch Velcro strips, but not deforming the cable geometry. Cable bundles shall be supported via “J” hooks attached to the existing building structure and framework at a maximum of five (5) foot intervals. Plenum rated Velcro will be used in all appropriate areas. In areas where two (2) or more bundles are traveling in close proximity, utilize a Chatsworth Rapidtrak Cable support system. The contractor shall adhere to the manufacturers’ requirements for bending radius and pulling tension of all cables. ii. Cables shall not be attached to lift out ceiling grid supports or laid directly on the ceiling grid. iii. Cables shall not be attached to or supported by fire sprinkler heads or delivery systems or any environmental sensor located in the ceiling air space. ϲ͘Sealing of openings between floors, through rated fire and smoke walls, existing or created by the contractor for cable pass through shall be the responsibility of the contractor. Sealing material and application of this material shall be accomplished in such a manner that is acceptable to/in compliance with the AHJ requirements, the current edition of National Fire Protection Association (NFPA) or other prevailing code and must be a system listed by Underwriter’s Laboratory (U.L.). Creation of such openings as are necessary for cable passage between locations as shown on the drawings shall be the responsibility of the contractor unless otherwise noted. Any openings created by or for the contractor and left unused shall also be sealed as part of this work.  dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐʹ,^/W/ŶƚĞƌĐŽŶŶĞĐƚ/ŵƉƌŽǀĞŵĞŶƚƐϰϬϬϬͲϮϱ       ϳ͘The contractor shall be responsible for damage to any surfaces or work disrupted as a result of his work. Repair of surfaces, including painting, shall be included as necessary. ϴ͘Verification of Continuity: After installation, and before termination, wiring shall be checked and tested to insure there are no grounds, opens, or shorts on any conductors or shields. In addition, wiring between buildings or underground and coax cables shall have insulation tested with a 25egohmmeter and a reading of greater than 20 megohms shall be required to successfully complete the test. ϵ͘Splicing i. Run wires continuously from termination to termination without splices. ii. Splices at certain junction box locations may be allowed at the discretion of City. Locations which may require spliced wires should first be established with City. Contractor shall obtain written approval before proceeding with splices. iii. If splices are required and approved by the City, the wire shall be joined with solder, then taped or otherwise protected in an approved manner so as to provide mechanical and electrical integrity. Wire nuts and/or electrical tape connections shall not be acceptable. Final connections shall be made at terminal boards with full tagging, labeling and documentation. ϭϬ͘Water Protection i. Water-resistant protection shall be continuous throughout the cable in surface conduit, poles, in-slab pull-boxes, in-slab conduit, and underground conduit and pull-boxes, and in any areas subject to moisture and/or water infiltration. ii. Splices/Junctions: Provide water-proof protection of splices and junctions in surface conduit and boxes, in-slab conduit and pull-boxes, underground conduit, and underground pull- boxes, to prevent the entry of moisture or water into cables, splices or connections. iii. Cable Entries: Provide water-blocking sealants at conduit entries into pull-boxes, junction boxes, back-boxes, cabinets, etc., to prevent the entry of moisture or water into the conduit and cable system. ϭϭ͘Boxes: Provide a box loop for wire and cable routed through pull boxes or distribution panels. Cable loops and bends shall not be at a radius less than that recommended by the manufacturer. ϭϮ͘Wire Labeling: Identify wire and cable clearly with permanent labels wrapped around the full circumference within one-inch of each connection. Locate the label so that it is visible, and so that wire does not need to be undressed or disassembled for clarity. Correlate the label with the number designated on the associated Shop and Field Drawings. Assign wire or cable designations consistently throughout a given system. Each wire or cable shall carry the same labeled designation over its entire run, regardless of intermediate  dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐʹ,^/W/ŶƚĞƌĐŽŶŶĞĐƚ/ŵƉƌŽǀĞŵĞŶƚƐϰϬϬϬͲϮϲ       terminations. Cables within pull boxes and underground vaults shall be labeled with the origination and destination of each cable. ϭϯ͘Wire Lacing and Dressing: Dress, lace, tie or harness wire and cable vertically, horizontally and at right angles to the enclosure surfaces to prevent mechanical stress on electrical connections as required herein and in accordance with accepted professional practice. No wire or cable shall be supported by a connection point. Use the specified cable management guides within enclosures and cabinets to ensure a neat wiring scheme. ϭϰ͘Class Mixing: i. Class 1 circuits shall not be mixed with Class 2. ii. Wiring in the same conduit or wireway shall not contain wiring of multiple types where voltage differences exceed 20 dbv. ϭϱ͘Non-Coaxial Terminations: Make non-coaxial connections and splices (except line level) to screw-connection terminal blocks with insulated crimp-type spade lugs or under terminal block pressure plates. Size terminal blocks and lugs properly to assure high electrical integrity. Connect only one wire per spade lug and not more than two lugs per screw terminal. ϭϲ͘Shielded Cables: Shielded cables shall be insulated. Do not permit shields to contact conduit, raceway, boxes, terminal cabinets or equipment enclosures. Tin terminated shield drain wires and insulate with heat shrinkable tubing. ϭϳ͘Unacceptable Conditions: Correct all unacceptable wiring conditions immediately upon receiving notice to correct. ϭϴ͘Grounding procedures for wire shall be in strict accordance with manufacturers’ recommendations and standard installation practices. ϭϵ͘Contractor shall provide enough slack in the line to facilitate appropriate testing and as recommended by the Manufacturer. b. Singlemode and Multimode Optical Fiber A. General Specifications ϭ͘All fiber shall be manufactured using the Outside Vapor Deposition (OVD) process to ensure bandwidth consistency. Approved manufacturer or equal: i. ALTOS (all-dielectric) ii. ALTOS Lite (armored) – Only as approved by the City B. Design Specification The fiber type utilized in the cabling infrastructure shall be of those listed below. Specific requirements for use OS2 shall be defined in project scope. ϭ͘SMF-28e+® OS2 C. Single-mode fiber shall meet the specifications listed in Table 1 (below) D. Single-mode fiber shall meet ITU G.652 (Table D), ITU G.657 (Table A1), IEC Specification 60793-2-50 Type B1.3 dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐʹ,^/W/ŶƚĞƌĐŽŶŶĞĐƚ/ŵƉƌŽǀĞŵĞŶƚƐϰϬϬϬͲϮϳ  Table 1: Single-mode OS2 Fiber Geometry and Optical Performance  dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐʹ,^/W/ŶƚĞƌĐŽŶŶĞĐƚ/ŵƉƌŽǀĞŵĞŶƚƐϰϬϬϬͲϮϴ       E. Fiber Optic Cable Installation ϭ͘All Fiber Optic Cable installations shall include fiber optic cables and pull tape to remain for future to all conduits as defined on the plans and per these technical specifications, and a solid bare No. 10 green bond wire. Ϯ͘Fiber Optic Cable shall be continuous and unspliced between cabinets, with splicing permitted only at designated splice cabinet locations. ϯ͘During cable installation, the bend radius shall be maintained at a minimum of twenty times the outside diameter. In no case, shall the cable exceed the minimum bending radius of the cable for installation. At each intermediate pull box, provide at least two turns of slack of the fiber optic cable neatly coiled and secured. This slack could be used in the future for emergency cable repairs. ϰ͘Fiber optic cable shall be installed using a cable pulling lubricant recommended by the fiber optic cable and/or the innerduct manufacturer. ϱ͘Pull conductors into conduit by hand, using pull tape as specified herein. Do not use winches or other power actuated pulling equipment. If adding new conductors or removing existing conductors; the Contractor shall remove all conductors, clean the conduit under Section 86-2.05C, of the State Standard Specifications and pull all conductors in the conduit as 1 unit. ϲ͘Any damaged or broken optical fiber cable shall be replaced at the Contractor’s expense and at no additional compensation. Damaged SMFO shall not be repaired, reused or spliced on this project. ϳ͘Fiber optic cable shall be installed without splices except where specifically allowed on the drawings and identified herein. Splices shall be permitted only as authorized in writing by the Engineer. Any midspan access splice or FDU termination shall involve only those fibers being spliced as shown on the drawings. Cable splices shall be located in splice closures within identified cabinets. ϴ͘A minimum of 50 feet of slack shall be provided for each fiber optic cable at within a No. 6E pull box splice vault without a splice closure. A minimum of 30 feet of slack for each fiber optic cable shall be provided on each side of the fiber optic splice closure within No. 6E pull box splice vault. A minimum of 15 feet of slack shall be coiled in each cabinet and other pull box locations. ϵ͘The project limit SMFO cable shall be tested end to end via Optical Time-Domain Reflectometer (OTDR), Power Meter and Light Source, in accordance with EIA Optical Test Procedure 171, and wavelengths specified for the OTDR tests. The differential in test results shall not exceed 0.5 dB. Should the link loss exceed the calculated link loss, the SMFO shall be removed and replaced only between the two stipulated splice points at contractor’s expense.  dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐʹ,^/W/ŶƚĞƌĐŽŶŶĞĐƚ/ŵƉƌŽǀĞŵĞŶƚƐϰϬϬϬͲϮϵ       Removal of small sections of cable and or additional splices shall not be permitted. See below, Section “Fiber Optic Cable and Equipment Testing and Process” for details. c. Payment Full compensation for furnishing and installing conductors, cables, and fiber shall be considered be considered as included in the various bid items, and no additional compensation will be allowed therefor. 8.2.7 Fiber Termination Hardware a. Fiber Optic Pigtails and Jumpers A. General: To maintain channel integrity, optical fiber patch cords and pigtails shall be fabricated to meet the performance parameters corresponding to the optical fiber cable approved product type specified below. Patch cord and pigtail plug connectors shall be equipped with boots, and shall have same colors as related optical fiber backbone cables, unless specified or indicated otherwise. Optical fiber patch cords and pigtails shall be available with the following options as specified or indicated: 1. Termination types: LC/SC (unless otherwise specified) 2. Connector/cable configuration: Simplex and Duplex 3. Fire ratings: Riser or Plenum 4. Simplex patch cord outside diameters: 2.0 millimeters (0.079 inches) 5. Pigtails: Tight-buffered optical fiber, 0.9 millimeters (0.035 inches) outside diameter 6. Connectors for both pigtails and jumpers shall be factory polished and meet the following parameters: Singlemode Connectors Connector Type Typical Insertion loss (dB) Maximum Insertion loss (dB) Typical Reflectance (dB)Ferrule Housing LC UPC 0.15 0.4 < -55 Ceramic Composite SC UPC 0.15 0.4 < -55 Ceramic Composite 7. Standard Jumpers shall comply with the following: ƒThe jumper shall be a 2-fiber cable assembly terminated with LC duplex connectors on both ends. Jumpers shall also be available with LC duplex at one end and SC Duplex at the other end. ƒJumper shall be available in riser and plenum. Plenum or riser requirements shall be defined in scope of work. ƒThe jumper shall be constructed with a single 2 mm zip cord cable ƒJacket color shall be yellow for single-mode assemblies.  dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐʹ,^/W/ŶƚĞƌĐŽŶŶĞĐƚ/ŵƉƌŽǀĞŵĞŶƚƐϰϬϬϬͲϯϬ       Full compensation for Fiber Optic Pigtails and Jumpers including furnishing all labor, material, equipment and incidentals necessary to perform the items of work shall be included in the various bid items and no additional compensation will be allowed therefor. b. Fiber Optic Splice Cassettes A. General Specifications 1. Rack mountable housings shall accept an interchangeable splice cassette. A splice cassette is defined as a removable module that is capable of holding a connector panel and splice organizer for pigtail and through splicing applications. 2. Fiber optic splice cassettes shall meet all requirements in this specification B. Design Specifications: LANscape CCH Splice Cassettes C. Physical Specifications 1. The splice cassette shall consist of a base constructed from injection- molded black plastic and a removable hinged lid or cover constructed from injection-molded tinted translucent plastic. 2. The splice cassette shall be available with pre-installed connector pigtails and panels. 3. The splice cassette shall allow one connector panel (as described in 2.3) to be installed into the base. 4. The splice cassette shall be able to hold and contain at least one meter of pigtail fiber slack on the interior floor of the base. 5. The splice cassette shall be able to hold and contain up to one meter of 2.0-3.0 mm buffer tube slack or jacketed pigtail slack (up to 24 fiber) on the exterior bottom of the base. 6. The splice cassette shall contain a pivoting (and removable) splice tray above the base in a horizontal position that rotates up into a vertical position at least 90 degrees relative to the base allowing access to the base. a. The splice tray shall contain one interchangeable splice organizer capable of holding up to (24) splice heat-shrinks, routing tabs and provisions for holding a total of two meters of 250 or 900 micron fiber slack, or 12-fiber ribbon slack (includes both incoming and outgoing fiber slack) and contain slots and provisions for installing cable ties ("ty-wraps") for securing incoming and outgoing buffer tubes and/or jacketed optical fibers. 7. The splice cassette shall contain relief slots for holding up to two buffer tube transition ("fan-out") kits on either side of the base. 8. The splice cassette shall contain two fiber retention tabs behind the connector panel location to maintain fiber below the connections and adapters in an installed connector panel.  dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐʹ,^/W/ŶƚĞƌĐŽŶŶĞĐƚ/ŵƉƌŽǀĞŵĞŶƚƐϰϬϬϬͲϯϭ       2. The splice cassette shall contain two flexible curved tabs for grasping the cassette during installation and removal from the main connector housings. 3. The splice cassette shall contain integral slots on both sides of the cassette to hold and guide the cassette along tracks in the main connector housings. 4. The splice cassette lid/cover shall contain two retention tabs that snap onto the base and also provide slots for securing in a closed position with cable ties ("ty-wraps"). 5. The splice cassette shall have a permanent U.L. label affixed that contains the following information: U.L. Listing number 41s4 (Communication Circuit Accessory), Country of Origin (for assembly) and Date and Lot number for manufacturing traceability. 6. The splice cassette shall have a permanent Part Number label affixed that contains the following information: Product description, Product part number (manufacturer's catalog number), Product serial number, Country of manufacturer, and U.S. Patent number. Full compensation for Fiber Optic Splice Cassettes including furnishing all labor, material, equipment and incidentals necessary to perform the items of work shall be included in the various bid items and no additional compensation will be allowed therefor. c. Fiber Optic Housings A. General Specifications 1. Fiber Optic housings shall provide a means for securing, strain-relieving, protecting, and labeling of fiber optic cable terminations. Housings shall be available in both rack-mount and wall-mount configurations, and accept one standard adapter panel footprint for all housings. 2. Fiber optic housings shall meet all requirements in this specification B. Design Specifications 1. Closet Connector Housing (CCH), rack-mount C. Rack-Mount Housing Specifications 1. Housings shall be designed for rack-mounted or frame-mounted applications that support conventional cross-connection and interconnection schemes as well as splicing applications. 2. Housings shall be available in 1U and 3U. One industry standard (EIA compliant) rack unit or panel height (denoted as 1U) is defined as being 44.45 mm (1.75“) in height in compliance with EIA-310-D (“Cabinets, Racks, Panels, and Associated Equipment”). 3. The housings shall have capacity specifications as listed below in Table 2:  dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐʹ,^/W/ŶƚĞƌĐŽŶŶĞĐƚ/ŵƉƌŽǀĞŵĞŶƚƐϰϬϬϬͲϯϮ       Table 2: Rack Mount Housing Fiber Capacity 4. The housings shall meet the design requirements of ANSI/TIA/EIA-598 and the plastics flammability requirements of UL 94 V-0. 5. The connector housings shall have a labeling scheme that complies with ANSI/TIA/EIA- 606. 6. The housings shall be mountable in an EIA-310 compatible 465 or 592 mm rack. a. The housings shall be mounted with a 12 cm frontal projection with the option to flush mount. b. The mounting brackets shall incorporate tear-drop shaped slots that allow pre-installation of the mounting screws prior to attachment of the mounting brackets to the rack or frame, by symmetric and of the same design for either side of the housing, attach to the side of the housing via screws or fasteners for the 1U, 2U, and 3U, slide into the side of the housing and attach in a “snap-on” manner via flexible retention tabs or buttons for the 4U. c. The 4U housing rear assembly shall be removable from the mounting brackets through depressing internal buttons on both sides of the housing and sliding the housing off of the mounting brackets. 7. The housings shall support cross-connection, inter-connection and/or splicing applications and routing schemes in the same housing. a. The housings shall accommodate direct connectorization via connector panels as specified in 2.3. b. The housings shall accommodate pigtail splicing and through splicing via interchangeable splice cassettes, as specified in 2.3. 8. 1U/3U Housing a. The housings shall have removable top covers, front and rear doors, and a slide-our drawer or tray, and be fully accessible from the top, rear and front sides. b. The housing’s slide-out tray shall provide jumper routing guides in the front to protect and manage jumpers. 1) The slide-out tray shall incorporate and allow interchangeable attachment of three (3) jumper routing guides. They shall attach to either panel clip retention blocks or stackable rails. The routing guide shall incorporate an indentation on the top surface for grasping to manually assist with pulling out the sliding tray. c. The front of the housing and interior slide-out tray shall be accessible via a tinted translucent door. It shall also contain jumper egress openings on both sides. Unit Size Panel Capacity Housing Fiber Capacity, using: 6f / panel 12f / panel 24f / panel 1U2 122448 4U6 3672144  dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐʹ,^/W/ŶƚĞƌĐŽŶŶĞĐƚ/ŵƉƌŽǀĞŵĞŶƚƐϰϬϬϬͲϯϯ       1) The door shall be removable from metal hinges by removing a single screw on each side of the door. d. The rear of the housings and interior slide-out tray shall be accessible via a metal door. The rear door shall incorporate pre-stamped punch-out openings that will allow fiber optic cable to enter the housing perpendicular to the rear of the housing. 1) The rear door shall be removable from metal hinges by removing a single screw on each side of the door e. The top of the housings shall be accessible via two slide-out top covers that converge and interface in the center of the housings via two alternating support tabs. 1) The top covers shall be made from tinted translucent injection- molded plastic and incorporate pockets or slots for containing two labels cards. f. The housing shall provide means for strain-relieving fiber optic cables. g. External strain-relief shall be achieved through attachment of an external strain-relief bracket that attaches onto either side of the housing via two fasteners. 1) The external strain-relief bracket shall be of a two-piece design that allows disassembly and reassembly such that it can be used in a universal fashion on either side of the housing and with either top or bottom cable entry into the housing. h. Internal strain-relief shall be achieved through attachment of an internal strain relief bracket that mounts on the floor of the rear of the housing via retention studs and a spring-loaded plunger. 1) The internal strain-relief bracket be installable on either side of the rear of the housing and of a singular design for either side and be removable and its support plate shall not interfere with removal or sliding action of the interior tray. i. The housing's interior tray shall contain provisions for routing and maintaining fiber optic cable components, including cable sub-units and buffer tuber, 900 um optical fiber, and buffer tube transition kits. 1) The sliding tray of the housing shall provide holes or slots for the installation (and removal) of fiber retention or slack management clips. 2) The sliding tray of the housing shall provide holes or slots for the installation (and removal) of transitional strain-relief clips 3) The sliding tray shall contain an embossed pattern that conveys the routing path that optical fiber and cable sub-units should follow in routing from cable entry to the fiber optic panels contain within the housing. Full compensation for Fiber Optic Housings including furnishing all labor, material, equipment and incidentals necessary to perform the items of work shall be included in the various bid and no additional compensation will be allowed therefor.  dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐʹ,^/W/ŶƚĞƌĐŽŶŶĞĐƚ/ŵƉƌŽǀĞŵĞŶƚƐϰϬϬϬͲϯϰ       d. Underground Splice Enclosure Contractor shall install underground splice enclosure with mechanical end cap designed for splicing fibers in aerial, duct and buried applications. The sealed canister closures shall be available in configurations that can accommodate from 72 to 576 single fiber splices, or from a 288- to 1296-fiber capacity if splicing ribbons. Allowing reel-end to reel-end splicing in the open ribbon system, the splice closures offer split end caps for convenient installation of uncut cables. The QUICKSEAL Mechanical Seal drop cable ports allow quick and easy installation during the initial build or for future expansion. The consolidation of multiport tails for up to 24 flat cables is accomplished with optional add-a-cable kits. ƒModular fiber management system ƒAerial, wall, pole, direct-buried applications ƒSealed butt-style closure ƒRibbon reel-end to reel-end splicing ƒSplit end caps Approval and Listings Telcordia GR-771 tested. Full compensation for Underground Splice Enclosure including furnishing all labor, material, equipment and incidentals necessary to perform the items of work shall be included in the various bid items and no additional compensation will be allowed therefor. 8.2.8 Splicing of Fiber Optic Cable Splicing shall be performed by the fusion technique. Cables shall be prepared and spliced in accordance with the cable manufacturer’s recommendations. Completed splices shall be protected by heat shrinkable tubing conforming to Section 209-3.8.3 Heat-Shrink Tubing of the Standard Specifications. Completed splices shall be enclosed in re-enterable splice enclosures that seal to form a moisture resistant enclosure. The splice case or enclosure shall contain a removable splice organizer or crib that shall secure the individual fibers and protect the splices. The splice organizer or crib shall be attached to the steel strength members in the fiber optic cable and shall be bonded to a ground stud on the exterior of the splice case or enclosure. There shall be adequate space inside the enclosure to hold at least 3 feet (1m) of cable. Fiber optic cable shall only be spliced at the locations shown on the Plans or specified in these Technical Specifications.  dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐʹ,^/W/ŶƚĞƌĐŽŶŶĞĐƚ/ŵƉƌŽǀĞŵĞŶƚƐϰϬϬϬͲϯϱ       The individual fibers shall be looped one full turn within the splice tray to avoid micro bending. A 45 mm minimum bend radius shall be maintained during installation and after final assembly in the optical fiber splice tray. Each bare fiber shall be individually restrained in a splice tray. The optical fibers in buffer tubes and the placement of the bare optical fibers in the splice tray shall be such that there is no discernible tensile force on the optical fiber. All cables, panels, jumpers, ports and termination points shall be neatly labeled for use and direction by use of permanent label material. Hand-written labels shall not be allowed. Contractor shall provide industry best terminations and fusion splices of fiber optic cable as depicted on the plans, as required in these Technical Specifications, and as directed by the Engineer. Optical Fiber Connections and Requirements – Singlemode (SM) Fiber Optic Connections A. Adhere to all manufacturer installation guidelines. B. Connector shall be installed with less than 0.5 dB of attenuation per mated pair. C. SM Connectors must be fusion-spliced utilizing factory polished pigtails with a maximum loss of 0.10 dB per splice. Payment Full compensation for Splicing Fiber Optic Cable including furnishing all labor, material, equipment and incidentals necessary to perform the items of work shall be included in the various bid items and no additional compensation will be allowed therefor. 8.2.9 IP Networking Equipment All proposed camera equipment shall be connected to and be compatible with the City’s existing Ethernet IP communications network system. Field installed switches shall be under shelf mounted or din-rail mounted and 19" rack mounted at the discretion of the City. All field switches shall be securely mounted against vibration and shock. Assemblies shall be plug compatible and interchangeable such that technicians can quickly exchange assemblies in the field. Prototype, rebuilt, or reconditioned equipment will not be allowed. It is the contractor’s responsibility to obtain all appropriate equipment and assure full compatibility with the existing field and TMC components. The proposed IP networking hardware (e.g. managed Ethernet switches) supplied by the Contractor shall be fully installed, configured, integrated, tested and commissioned to the manufacturer's specifications, these Technical Specifications, and the project plans. See below, “System Integration” for IP addressing and VLAN assignments.  dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐʹ,^/W/ŶƚĞƌĐŽŶŶĞĐƚ/ŵƉƌŽǀĞŵĞŶƚƐϰϬϬϬͲϯϲ       Contractor and equipment manufacturer shall instruct those involved in City operation and maintenance on how to set data rates, make configuration changes or provide for operations and maintenance. Managed, hardened networking equipment is described below as these products/models have been pre-selected by the City through a thorough ITS technology assessment that ultimately meets the goals and objectives of the City. Approved equal specification networking equipment shall not be provided on this project. Only available updates to existing product lines/models may be considered and approved by the City. Pre-approved managed, hardened networking equipment is as follows: a. Industrial Ethernet Edge Switch - HIRSCHMANN RSP SERIES Model # RSP35-08033O6TTTK9T9HME2A07.0. (Edge) Managed, Industrial Switch DIN Rail, fanless design Enhanced Redundancy (PRP, Fast MRP, HSR) 8-port 10/100BASE-TX + 3-port 1000BASE-FX Hardened Managed Ethernet Switch Certified by NEMA TS2 Environmental requirements for Traffic control equipment Line - / star topology any Operating voltage 2 x 12/24 VDC (9.6 -32 VDC), 88-265 VAC Switching Independent VLAN Learning; Fast Aging; Static Unicast/Multicast Address Entries; QoS / Port Prioritization (802.1D/p) Operating temperature -40 ºC ... 70 ºC Dimensions (W x H x D) 98 mm x 164 mm x 120 mm Mounting DIN Rail Weight 1500 g Protection class IP30 b. Existing Layer 3 Core Switch – CISCO CATALYST 9300 SERIES (Installed inside the City’s communication room) Model # C9300-24T-A (Core) Full Layer 3 Gigabit Ethernet Switch managed, industrial switch for 19“ rack 24 Gigabit Ethernet Ports (1 Expansion port) Model # PWR-C1-350WAC Power supply Model # C9300-NM-4M Expansion module DNA License # C1A1TCAT93001-3Y Operating temperature 0° to +60°C  dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐʹ,^/W/ŶƚĞƌĐŽŶŶĞĐƚ/ŵƉƌŽǀĞŵĞŶƚƐϰϬϬϬͲϯϳ       All networking hardware shall be supplied with appropriate rated power supply for use within a hardened environment. Industry standard SFP’s (Small Form-Factor Pluggable) shall be included in all switches to the extent that the required data communication can occur. All SFP's shall be supplied by the same manufacturer of the switch. All fiber network switch SFPs shall all be rated for single mode 1310nm duplex operation with 10km operational distance rating, hardened type. I. SFPs transmitting between all Core and Aggregate locations shall be 2.5 Gigabit Ethernet rated. Hirschmann model # M-SFP-2.5-SM/LC EEC – 20km II. SFPs transmitting between all Aggregate and Edge locations shall be 1000base Gigabit Ethernet rated. Hirschmann model # M-SFP-LX/LC EEC Bid Item 4 through 7 and Additive Alternates. CAMERA SYSTEM 8.2.10 Cameras and Equipment Camera, radios, and other equipment is described below as these products/models have been pre-selected by the City through a thorough ITS technology assessment that ultimately meets the goals and objectives of the City. Approved equal specification networking equipment shall not be provided on this project. Only available updates to existing product lines/models may be considered and approved by the City. The contractor or designated subcontractor shall submit credentials of completed manufacturer certification, verified by a third-party organization, as proof of the knowledge. The main unit shall be manufactured by a company that have signed and support the UN Global Compact initiative as defined by United Nations www.unglobalcompact.org/ Pre-approved equipment is as follows: a. 360-Degree Exterior Camera (Used at Facilities) Model # AXIS P3717-PLE 8 MP, 360° multidirectional camera, one IP address 360° IR illumination and remote zoom and focus Axis Lightfinder and Forensic WDR Flexible positioning of four varifocal camera heads Video Compression: H.264 (MPEG-4 Part 10/AVC) Baseline, Main and High Profiles Motion JPEG  dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐʹ,^/W/ŶƚĞƌĐŽŶŶĞĐƚ/ŵƉƌŽǀĞŵĞŶƚƐϰϬϬϬͲϯϴ       Resolution: 4 x 1920x1080 (4 x HDTV 1080p) to 160x90 Frame rate: Up to 25/30 fps (50/60 Hz) PVC free Power over Ethernet (PoE) IEEE 802.3at Type 2 Class 4 Operating conditions -30 °C to 50 °C (-22 °F to 122 °F) Warranty: 5-year warranty b. Fixed Dome Camera (Used at Facilities) Model # AXIS P3228-LVE Progressive scan RGB CMOS 1/2.5” Varifocal, 3.5–10 mm, F1.7; Horizontal field of view: 100°-38°; Vertical field of view: 51°–22°; Remote zoom and focus, P-Iris control, IR corrected Video compression : H.264 (MPEG-4 Part 10/AVC) Baseline, Main and High Profiles Motion JPEG Resolution: 3840x2160 to 160x90 Frame rate: Up to 25/30 fps (50/60 Hz) PVC free Power over Ethernet (PoE) IEEE 802.3af/802.3at Type 1 Class 3, max 11.5 W, typical 8.6 W Warranty: 5-year warranty c. Multi-directional 360-degree Combination Camera (Used at Intersection) Model # AXIS Q6010-E / Q6128-E Q6010-E Image sensor 4 x 5 MP progressive scan RGB CMOS 1/2.5” Q6010-E Lens Autofocus lenses, Fixed iris, F2.0, Focal length: 2.8 mm; Horizontal field of view: 360°; Vertical field of view: 84° Q6010-E Video compression: H.264 (MPEG-4 Part 10/AVC) Baseline, Main and High Profiles Motion JPEG Q6010-E Resolution: 4 x 2592x1944 to 320x240 Q6010-E Resolution Frame rate: Up to 20 fps (50/60 Hz) Q6128-E Image sensor 1/2.3” Progressive scan CMOS Q6128-E Lens 3.9–46.8 mm, F1.8–2.0; Horizontal field of view: Û–Û9HUWLFDOILHOGRIYLHZÛ–Û$XWRIRFXVDXWR-iris Q6128-E Video compression: H.264 (MPEG-4 Part 10/AVC) Baseline, Main and High Profiles Motion JPEG Q6128-E Resolution: 3840x2160 UltraHD 4K to 640x360 Q6128-E Resolution Frame rate: Up to 50/60 fps (50/60Hz) @1080p; Up to 25/30 fps (50/60Hz) @4K PVC free Warranty: 5-year warranty  dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐʹ,^/W/ŶƚĞƌĐŽŶŶĞĐƚ/ŵƉƌŽǀĞŵĞŶƚƐϰϬϬϬͲϯϵ       d. Ethernet Radio (Used at Facilities and Intersections) Model # SIKLU MULTIHAUL (Series to be determined by Contractor dependent on distance required) 90-degree sector Base Unit (BU) with integrated beam steering antenna and 3 ports Up to 8 Terminal Units, TU or cTU, per each BU Sector capacity of 2.3Gbps over the air (1.8Gbps net throughput) to TUs or cTUs Distance 1310ft. (400m) auto-aligned range Beamforming antenna Warranty: Shall be extended to last at minimum the maintenance period e. Data Storage (Used at Isolated Intersection) Model shall be compatible with camera and easily integrated into signal cabinet 30-day retention at 15 fps Accessible using remote storage transfer device Warranty: Shall be extended to last at minimum the maintenance period Payment Payment for furnishing and installing equipment shall be considered in the unit contract price paid per each site location including full compensation for furnishing all labor, material, equipment and incidentals necessary to perform the items of work and no additional compensation will be allowed therefor. Bid Item 8 System Integration 8.2.11 Network Software and Server The Contractor shall furnish and install a complete control suite that includes software, server, and work-stations. The network management software shall be Genetec-Omnicast-Enterprise Edition. The server shall be compatible with software and include storage for 1-year retention with 60-days at 15 f/s and 305-day at 3 f/s. Contractor will be responsible to calculate the required storage required. The Contractor shall furnish and install one (1) compatible work-station to be located in the traffic operation room at City Hall and one (1) compatible work- station to be located in the police substation at City Hall.  dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐʹ,^/W/ŶƚĞƌĐŽŶŶĞĐƚ/ŵƉƌŽǀĞŵĞŶƚƐϰϬϬϬͲϰϬ       The work station shall be PC-based. The Contractor shall furnish one (1) 24- inch monitor for each work-station for a total of two (2) monitors. All cables and incidental equipment and software shall be furnished and installed by Contractor for a fully functional work-station that connects to the video surveillance system. The Contractor shall provide adequate licensing, configure, commission and test the proposed Network Monitoring Software for all cameras installed in the system. Payment Payment for furnishing and installing Network Software, Server, and Work- Station shall be considered in the unit contract price paid for System Integration work including full compensation for furnishing all labor, material, equipment and incidentals necessary to perform the items of work and integration work, no additional compensation will be allowed therefor. 8.2.11.1 Database Preparation, Checking, and Activation Contractor shall provide City with the appropriate forms necessary to organize the system database inputs. Guidance shall also be provided to City in a timely manner to insure their understanding of database format requirements and constraints. It is essential that the above activities be clearly identified on the Project Schedule so database preparation is accomplished in sufficient time to permit orderly and on time system activation. The forms and guidance shall be presented to City not less than 60 days prior to scheduled central system activation. It shall be the responsibility of City to ensure the accuracy of the database information entered on forms by thoroughly checking all completed data entry forms. It shall be the responsibility of Contractor to ensure that database formatting is correct prior to entry into the system and system activation. The Contractor shall be responsible for the initial database entry into the system prior to activation. The database shall consist of hardware and function-related information, i.e., system configuration, cameras, software parameters for system management, graphical maps and user profiles. A printout of the final database shall be provided to City for review and approval prior to system activation. The contractor shall coordinate with the City to make sure all the existing time zones and access levels are configured as required. The contractor shall coordinate with the City to print out any programming parameters on the existing systems for reference for verifying the database conversion or manual programming of the Genetec system to match current operation.  dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐʹ,^/W/ŶƚĞƌĐŽŶŶĞĐƚ/ŵƉƌŽǀĞŵĞŶƚƐϰϬϬϬͲϰϭ       System activation shall be the responsibility of Contractor. Once the system and database have been demonstrated to be functioning properly according to manufacturer's guidelines and the system design, all further database entries and upgrades shall be the responsibility of City, unless otherwise noted. If later versions of the operating system or application software are made available to, or requested by City, these updated versions shall be installed and checked out by Contractor. Before installing upgrade software, Contractor shall insure that existing database information is properly "backed-up" prior to any installation action. The contractor shall coordinate with the City's IT Department and network equipment manufacturer for integration of new camera network. Start-up Responsibility Contractor shall initiate System Operation. Competent start-up personnel shall be provided by Contractor on each consecutive working day until the System is functional and ready to start the acceptance test phase. If in City’s judgment Contractor is not demonstrating progress in solving any technical problems, Contractor shall supply Manufacturer's factory technical representation and diagnostic equipment at no cost to City, until resolution of those defined problems. Use a start-up sequence that incrementally brings each portion of the system on-line in a logical order that incorporates checking individual elements before proceeding to subsequent elements until the entire system is operational. Preliminary Inspection and Testing Contractor shall be responsible to perform a preliminary Inspection and Test to determine the operating status of components and systems prior to Final Acceptance Testing. Verification: Prior to performing Preliminary Testing, perform inspection and/or testing procedures to insure the following: ϭ͘Safe and proper operation of all components, devices or equipment, and the absence of extraneous or interfering signals. Ϯ͘Proper grounding of devices and equipment. ϯ͘Integrity of signal and electrical system ground connections. ϰ͘Proper powering of devices and equipment. ϱ͘Integrity of all insulation, shield terminations and connections. ϲ͘Integrity of soldered connections and absence of solder splatter, solder bridges, and debris of any kind. ϳ͘Proper dressing of wire and cable. ϴ͘"Wire-checking" of all circuitry, including phase and continuity.  dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐʹ,^/W/ŶƚĞƌĐŽŶŶĞĐƚ/ŵƉƌŽǀĞŵĞŶƚƐϰϬϬϬͲϰϮ       ϵ͘Preliminary targeting, back focus, and setup of video camera assemblies. ϭϬ͘Mechanical integrity of all support and positioning provisions, i.e.: as provided for video cameras, monitors and any other equipment. ϭϭ͘Sequencing: If applicable, determine and record the sequence of energizing systems to minimize the risk of damage from improper start-up. ϭϮ͘Operation of all systems in accordance with specified performance requirements. Adjustments and Documentation: After successfully energizing the systems, make all preliminary adjustments and document the setting of all controls, parameters of all corrective networks, voltages at key system interconnection points, gains and losses as applicable. Tabulate all data along with an inventory of test equipment, a description of testing conditions and a list of test personnel. Copies of preliminary test data shall accompany copies of performance testing data as part of the Operating and Maintenance submittal. Preparation for acceptance (Prior to Final Inspection) 1. All Network switch configurations shall be provided to the City. 2. It is the Contractors responsibility to determine the appropriate devices required for the intended service and compatibility with existing field and TMC equipment. The contractor shall install all communications equipment in a neat and orderly fashion utilizing cable ties and connector labels. The contractor shall coordinate with the Engineer on the placement and mounting of equipment within the cabinets. 3. Switches, optical connectors, power supplies, rack and associated hardware including fiber splice enclosures, and associated hardware shall be furnished, installed and integrated within the existing equipment rack(s) complete. Length of fiber jumpers shall be determined after installation of patch panels and equipment. Jumper cables shall be yellow in color. Any switch configuration settings or testing of the fiber cable system for proper data transmission is the responsibility of the Contractor. 4. The contractor shall implement Rapid Spanning Tree Protocol (IEEE 802.1w) on all Ethernet switches within the network and shall demonstrate proper operation by creating breaks at different points within the network and verifying that the network re-converges in less than 10 seconds. 5. Temporary facilities and utilities shall be properly disconnected, removed, and disposed of off-site. 6. Systems, equipment, and devices shall be in full and proper adjustment and operation, and properly labeled and identified. 7. Materials shall be neat, clean and unmarred, and parts securely attached.  dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐʹ,^/W/ŶƚĞƌĐŽŶŶĞĐƚ/ŵƉƌŽǀĞŵĞŶƚƐϰϬϬϬͲϰϯ       8. Broken work, including glass, raised flooring and supports, ceiling tiles and supports, walls, doors, etc., shall be replaced or properly repaired, and debris cleaned up and appropriately discarded. 9. Extra materials as specified shall be delivered and stored at the premises as directed. 10.The contractor shall have completed a pre-test of the system to confirm all devices and programming parameters are functions as required before requesting an acceptance test date. The contractor shall provide documentation that all device shave been test and shall be signed by the contractor’s project manager to attest that all pre-testing has been completed. 11.Test reports of each system and each system component, and project record documents shall be complete and available for inspection and delivery as directed by City. Acceptance Testing and Adjusting Procedures 1. Purpose: Conduct testing and adjusting procedures to realize and verify the performance criteria specified herein. Successfully demonstrate the acceptable performance of whole camera system in the presence of the City. 2. Scope: Conduct all performance testing, adjustment and documentation procedures to verify and realize compliance with the performance specifications herein. Make available at least one engineer familiar with this work, additional staff as required to conduct the testing, and all required test equipment for the duration of performance testing verification, at the convenience of City. 3. Acceptance Testing Readiness: Acceptance testing will be performed after the system is installed and pre-tested completely. a. The contractor shall have successfully tested the system prior to scheduling formal acceptance testing. Contractor shall correct any and all deficiencies found at that time. The Contractor shall provide pre-test documentation showing the entire system has been tested with signature of the project manager attesting the pre-test work has been completed. b. Acceptance testing will be conducted in accordance with the approved Acceptance Testing Plan. c. Deliver all equipment, devices and materials required for the security system(s) work to the site at least fourteen working days prior to the scheduled Completion Date. d. Install, test and ready all of the camera system work for final Acceptance Testing of the Installation to start ten working days prior to the Completion Date. 4. Acceptance Testing Schedule: Contractor shall confirm in writing to City when the system is ready for acceptance testing. Contractor shall then schedule a complete Acceptance Test at the convenience of City.  dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐʹ,^/W/ŶƚĞƌĐŽŶŶĞĐƚ/ŵƉƌŽǀĞŵĞŶƚƐϰϬϬϬͲϰϰ       5. Acceptance Testing: Contractor shall test and verify the performance of all equipment, systems, interfaces and peripheral equipment in the presence of the City. Tests shall be performed in accordance with the requirements of individual systems as specified herein and in related specification sections to include sections on Integration. 6. Correction of Jobsite Observation Report Items: Perform any and all remedial work to correct inadequate performance or unacceptable conditions of, or relating to any of this work, as determined by City prior to the completion date. Corrective work shall be performed at no additional cost to the City. 7. Test Documentation: Document all acceptance testing, calibration and correction procedures described herein with the following information: a. Performance date of the procedure. b. The names of personnel conducting the procedure. c. The equipment used to conduct the procedure. d. Type of procedure and description. e. Condition during performance of procedure. f. Parameters measured and their values, including values measured prior to calibration or correction as applicable. g. Parameters associated with calibration or corrective networks, components or devices. 8. Fiber Optic Cable and Equipment Testing and Process: a. The City reserves the right to be present during any or all of testing. b. Testing shall be of the optical link. An optical fiber link is defined as the passive cabling network between two optical cross- connects (patch panels or outlets). This includes cable, connectors and splices but does not include active components. The link test contains the representative connector loss at the patch panel associated with the mating of patch cables but does not include the performance of the connector at the equipment interface. c. All cabling not tested strictly in accordance with these procedures shall be retested at no additional cost to the City. d. 100% of the installed cabling must be tested. All tests must pass acceptance criteria defined in this test specification. e. Either the test equipment shall be fully charged prior to each day’s testing or a fresh set of batteries shall be brought to the job site. x General Testing shall include the tests on elements of the passive fiber optic components: (1)At the factory,  dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐʹ,^/W/ŶƚĞƌĐŽŶŶĞĐƚ/ŵƉƌŽǀĞŵĞŶƚƐϰϬϬϬͲϰϱ       (2)After delivery to the project site but prior to installation and, (3)After installation. The Contractor shall provide all personnel, equipment, instrumentation and materials necessary to perform all testing. The Engineer or his/her assigned representative shall be notified two working days prior to all field tests. The notification shall include the exact location or portion of the system to be tested. A minimum of 15 working days prior to arrival of the cable at the site, the Contractor shall provide detailed test procedures for all field- testing for the Engineer or his/her assigned representative’s review and approval. The procedures shall identify the tests to be performed and how the tests are to be conducted. Included in the test procedures shall be the model, manufacturer, configuration, calibration and alignment procedures for all proposed test equipment. Documentation of all test results shall be provided to the Engineer or his/her assigned representative within 5 working days after the test is completed. x Factory Testing Documentation of compliance with the fiber specifications as listed in the fiber characteristics table shall be supplied by the original fiber manufacturer. Before shipment, but while on the shipping reel, 100 percent of all fibers shall be tested for attenuation. Copies of the results shall be attached to the cable reel in a waterproof pouch and submitted to the Contractor and to the Engineer or his/her assigned representative. x Arrival On-Site The cable and reel shall be physically inspected on delivery and the attenuation shall be measured for 100 percent of the fibers. The failure of any single fiber in the cable to comply with these Technical Specifications provisions is cause for rejection of the entire reel. Test results shall be recorded, dated, compared and filed with the copy accompanying the shipping reel in a weather proof envelope. Attenuation deviations from the shipping records of greater than 5 percent shall be brought to the attention of the Engineer or his/her assigned representative. The cable shall not be installed until completion of this test sequence and the Engineer or his/her assigned representative provides written approval. Copies of traces and test results shall be submitted to the Engineer or his/her assigned representative. If the test results are unsatisfactory, the reel of fiber optic cable shall be considered unacceptable and all records corresponding to that reel of cable shall be marked  dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐʹ,^/W/ŶƚĞƌĐŽŶŶĞĐƚ/ŵƉƌŽǀĞŵĞŶƚƐϰϬϬϬͲϰϲ       accordingly. The unsatisfactory reels of cable shall be replaced with new reels of cable at the Contractor’s expense. The new reels of cable shall then be tested to demonstrate acceptability. Copies of the test results shall be submitted to the Engineer or his/her assigned representative. x After Cable Installation After the fiber optic cable has been pulled but before breakout and termination, 100 percent of all the fibers shall be tested with an Optical Time-Domain Reflectometer (OTDR) for attenuation. Test results shall be recorded, dated, compared and filed with the previous copies of these tests. Copies of traces and test results shall be submitted to the Engineer or his/her assigned representative. If the OTDR test results are unsatisfactory, the F/O cable segment will be unacceptable. The unsatisfactory segment of cable shall be replaced with a new segment, without additional splices, at the Contractor’s expense. The new segment of cable shall then be tested to demonstrate acceptability. Copies of the test results shall be submitted to the Engineer or his/her assigned representative. Singlemode fibers shall be tested at 1310 nm and 1550 nm. Attenuation readings for each direction shall be recorded on the cable data sheet. x Outdoor Splices At the conclusion of all outdoor splices at one location, and before they are enclosed and sealed, all splices shall be tested with the OTDR, in both directions. Splices in segments shall be tested at 1310 nm and at 1550 nm. Individual fusion splice losses shall not exceed 0.07 dB. Measurement results shall be recorded, dated, validated by the OTDR trace printout and filed with the records of the respective cable runs. Copies of traces and test results shall be submitted to the Engineer or his/her assigned representative. If the OTDR test results are unsatisfactory, the splice shall be unacceptable. The unsatisfactory splice shall be replaced at the Contractor’s expense. The new splice shall then be tested to demonstrate acceptability. Copies of the test results shall be submitted to the Engineer or his/her assigned representative.  dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐʹ,^/W/ŶƚĞƌĐŽŶŶĞĐƚ/ŵƉƌŽǀĞŵĞŶƚƐϰϬϬϬͲϰϳ       x Distribution Interconnect Package Testing and Documentation All the components of the passive interconnect package (FDUs, pigtails, jumpers, couplers and splice trays) as shown on the plans and in these Technical Specifications shall comprise a unit from a manufacturer who is regularly engaged in the production of the fiber optic components. In developing the distribution interconnect package, each SC or LC termination (pigtail or jumper) shall be tested for insertion attenuation loss with the use of an optical power meter and light source. In addition, all single mode terminations shall be tested for return reflection loss. These values shall meet the loss requirements specified earlier and shall be recorded on a tag attached to the pigtail or jumper. Once assembly is complete, the manufacturer shall visually verify that all tagging, including loss values, is complete. Then as a final quality control measure, the manufacturer shall do an “end to end” optical power meter/light source test from pigtail end to jumper lead end to assure continuity and overall attenuation loss values. The final test results shall be recorded, along with previous individual component values, on a special form assigned to each FDU. The completed form shall be dated and signed by the Manufacturer’s Quality control supervisor. One copy of this form will be attached in a plastic envelope to the assembled FDU unit. Copies will be provided separately to the Contractor and to the Engineer or his/her assigned representative, and shall be also be maintained on file by the manufacturer or supplier. x System Verification at Completion Optical Time-Domain Reflectometer (OTDR) Testing. Once the passive cabling system has been installed and is ready for activation, 100 percent of the fiber links shall be tested with the OTDR for attenuation. Print out shall include at least link number, fiber color, buffer color and cable number. Test results shall be recorded, dated, compared and filed with previous copies. A hard copy printout and an electronic copy of the traces and test results along with a licensed copy of the associated software on a DOS based 89 mm disk shall be submitted to the Engineer or his/her assigned representative. If the OTDR test results are unsatisfactory the link shall be replaced at the Contractor’s expense. The new link shall then be tested to demonstrate acceptability. Copies of the test results shall be submitted to the Engineer or his/her assigned representative.  dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐʹ,^/W/ŶƚĞƌĐŽŶŶĞĐƚ/ŵƉƌŽǀĞŵĞŶƚƐϰϬϬϬͲϰϴ       Power Meter and Light Source. At the conclusion of the final OTDR testing, 100 percent of all fiber links shall be tested end to end with a power meter and light source, in accordance with EIA Optical Test Procedure 171 and in the same wavelengths specified for the OTDR tests. These tests shall be conducted in both directions. Test results shall be recorded, compared and proven to be within the design link loss budgets, and filed with the other recordings of the same links. Test results shall be submitted to the Engineer or his/her assigned representative. Cable Verification Worksheet. The Contractor shall provide Cable Verification Worksheets for 100 percent of all links in the fiber optic system, using the data gathered during cable verification. The completed worksheets shall be included as part of the system documentation. Test Failures.If the link loss measured from the power meter and light source exceeds the calculated link loss, or the actual location of the fiber ends does not agree with the expected location of the fiber ends (as would occur with a broken fiber), the fiber optic link will not be accepted. The unsatisfactory segments of cable, or splices shall be replaced with a new segment of cable or splice at the Contractor’s expense. The OTDR Testing, power meter and light source testing and Cable Verification Worksheet shall be completed for the repaired link to determine acceptability. Copies of the test results shall be submitted to the Engineer or his/her assigned representative. The removal and replacement of a segment of cable shall be interpreted as the removal and replacement of a single contiguous length of cable connecting two splices, two connectors or one splice and one connector. The removal of only the small section containing the failure and therefore introducing new unplanned splices will not be allowed. x Standards Compliance and Test Requirements ϭ͘Unless otherwise specified, fiber cable must meet the transmission performance parameters as specified in ANSI/TIA- 568-C.3, unless specified in these Technical Specifications. Singlemode fiber shall be Class IVa dispersion-unshifted fiber.  dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐʹ,^/W/ŶƚĞƌĐŽŶŶĞĐƚ/ŵƉƌŽǀĞŵĞŶƚƐϰϬϬϬͲϰϵ       Ϯ͘Testing of installed fiber cable a. Link attenuation shall be tested in accordance with ANSI/TIA- 568-C.0. Reference measurements shall be made in accordance with one jumper reference method or equivalent. Optical Loss shall be measured on each fiber at 1310 nm. b. Link length shall be optically measured or calculated using cable sheath length markings. c. Cabling shall meet the following loss and length criteria. Single-mode fiber is typically used in backbone cabling between telecommunications rooms, entrance facilities, and equipment rooms within or between buildings. It includes the cross connect connectors and splices (if any). d. Singlemode Link criteria: 1) Attenuation 1310 nm: fiber length (km) x .5 dB/km + number connector pairs x 0.5 dB + number of splices x 0.10 dB 2) Length: less than 5000 m (16,400 ft) 3) Attenuation 1550 nm: fiber length (km) x .5 dB/km + number connector pairs x 0.5 dB + number of splices x 0.10 dB 4) Length: less than 5000 m (16,400 ft) x Documentation ϭ͘Test reports shall be submitted in electronic format. Ϯ͘Electronic reports are to be submitted in PDF and one hard copy (bound or binder format). PDF and hard copy shall contain the software required to view test results. Electronic reports must be accompanied by a Certificate signed by an authorized representative of the Cabling Contractor warranting the truth and accuracy of the electronic report. Certificate must reference traceable circuit numbers that match the electronic record. ϯ͘Test reports shall include the following information for each cabling element tested: a. Actual measured and maximum allowable attenuation (loss) at the specified wavelengths per section above, and the margin. An individual test that fails the link criteria shall be marked as FAIL. b. Reference method. c. Number of mated connectors and number of splices (if any). d. Actual length and maximum allowable length per Section above. Any individual test that fails the link length criteria shall be marked as FAIL. e. Group refractive index (GRI) for the type of fiber tested, if length was optically measured. f. Tester manufacturer, model, serial number and software version.  dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐʹ,^/W/ŶƚĞƌĐŽŶŶĞĐƚ/ŵƉƌŽǀĞŵĞŶƚƐϰϬϬϬͲϱϬ       g. Circuit ID number and project/job name. The patch panel / cable label identifier shall be used to designate the circuit I.D. h. Link criteria (Autotest) used. i. Overall pass/fail indication. j. Project number, date, and time of test. ϰ͘Test reports shall be submitted within 5 business days of completion of testing. x Test Equipment ϭ͘Test equipment used under this contract shall be from manufacturers that have a minimum of 5 years of experience in producing field test equipment. Manufacturers must be ISO 9001 certified. Ϯ͘All test tools of a given type shall be from the same manufacturer, and have compatible electronic results output. ϯ͘All testing equipment shall be calibrated to manufacturers specifications within last 2 years. ϰ͘Test equipment shall be capable of measuring relative or absolute optical power in accordance with TIA-568-C.0. ϱ͘Test equipment shall not include the loss or length of the test jumpers in the cable plant measurements. ϲ͘Singlemode test equipment shall incorporate both 1310 nm and 1550 nm sources in same unit. ϳ͘Sources and meters shall automatically synchronize wavelengths to prevent calibration-related errors. ϴ͘Test equipment shall store at least 100 tests in internal memory. ϵ͘Test equipment shall employ a serial port to facilitate uploading of saved information from tester to PC. ϭϬ͘The time-of-flight methodology (“Characterized to a certain degree with one single scan along its length with two probes.”) shall be employed when optically measuring fiber length. ϭϭ͘Test equipment capable of measuring a Tx/Rx fiber pair simultaneously is recommended to enhance productivity. x Acceptance ϭ͘Once all work has been completed, test documentation has been submitted, and the City is satisfied that all work is in accordance with contract documents, the City shall notify Cabling Contractor in writing of formal acceptance of the system. x Acceptance Requirements ϭ͘The Contractor must warrant in writing that 100% of the installation meets the requirements as specified in this test specification.  dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐʹ,^/W/ŶƚĞƌĐŽŶŶĞĐƚ/ŵƉƌŽǀĞŵĞŶƚƐϰϬϬϬͲϱϭ       Ϯ͘The City reserves the right to conduct, using Contractor equipment and labor, a random retest of up to five (5) percent of the cable plant to confirm documented results. Any failing cabling shall be retested and restored to a passing condition. In the event more than two (2) percent of the retested cable plant fails during retest, the entire cable plant shall be retested and restored to a passing condition at no additional cost to the City. ϯ͘Acceptance shall be subject to completion of all work, successful post installation testing which yields 100% PASS rating, and receipt of full documentation as specified in this test specification. 9. Final Acceptance The system will not be accepted until all of the following conditions have been met as follows: x Physical and performance acceptance tests have been completed and the results are approved by the Engineer or his/her assigned representative x All documentation has been completed and submitted to the Engineer or his/her assigned representative x All connections that were changed to perform acceptance tests are restored and tested x Commissioning tests have been performed and approved by the City 8.2.11.2 Training a. Description A Training Course shall be developed by the Contractor and shall be given to the City and designated personnel prior to the installation of the camera system. A training facility will be provided by the City. The training course shall provide training for technical personnel, and shall follow a training outline prepared by the Contractor. The Contractor shall provide all materials and instructors for the training course. The training course shall be not less than one eight-hour (excluding lunch and breaks) day in duration. No more than 10 employees with technical backgrounds will attend this training course. Each person shall receive a training manual. The training manual shall be written especially for the camera system, and field elements. In addition, the training manual shall provide complete procedures for operating, maintaining, and trouble-shooting the camera system, and all associated equipment (hardware and software). The maintenance section of the training course shall cover preventative, routine and emergency maintenance procedures. The emergency maintenance discussion shall provide recommendations for the provisioning and use of an emergency repair kit to assist maintenance crews.  dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐʹ,^/W/ŶƚĞƌĐŽŶŶĞĐƚ/ŵƉƌŽǀĞŵĞŶƚƐϰϬϬϬͲϱϮ       The directory of recommended suppliers with correspondence address, telephone and fax numbers. The training course shall also include “hands on” field training using operational equipment. The information for this training course shall be separated into appropriately titled sections such as: A. Camera System Functionality B. Operating Camera System C. Troubleshooting Software D. Troubleshooting Camera Equipment E. Adding Additional Cameras to System F. Maintenance The Contractor shall provide an evaluation sheet to be completed by the attendees. The evaluation sheets will be turned in to the City or his assigned representative and a copy will be provided to the Contractor. The evaluation sheets need not be signed by the attendees. One copy of the manual for this training course shall be delivered to the City or his assigned representative for approval at least 4 weeks prior to the scheduled class time. The City or his assigned representative will notify the Contractor of the number of personnel who are schedule to attend. Course documentation shall be delivered to the Engineer or his assigned representative one week before the scheduled class. Payment Payment for System Integration shall be considered in the lump sum contract price paid for including full compensation for furnishing all labor, material, equipment and incidentals necessary to perform the items of work including server, software, work-stations, monitors, testing, and training and no additional compensation will be allowed therefor. NOTE: Ten percent (10%) retention will be held on all payments under Test Network Equipment and System Documentation pay items and released after all tests have been accepted by the City (in addition to standard project retention). Payment will be made on the basis detailed for the system integration in the Contractor provided Lump Sum breakdown.  dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐʹ,^/W/ŶƚĞƌĐŽŶŶĞĐƚ/ŵƉƌŽǀĞŵĞŶƚƐϰϬϬϬͲϱϯ       Bid Item 9. AS-BUILT PLANS 8.2.12 As-Built Plans The Contractor shall maintain on the job site, a set of full-size red-line prints (half-sized may be used as well), to which the City shall have access at all times. The Plans, Specifications, and other Contract Documents will govern the project. The Contract Documents are intended to be complementary and cooperative and to describe and provide for a complete project. Anything in the Specifications and not on the Plans, or on the Plans and not in the Specifications, shall be as though shown or mentioned in both. While it is believed that much of the project will be shown on the Plans or indicated in the Specifications, this does not warrant the completeness or accuracy of such information. The Contractor is required to submit to the Engineer "as-built" prints, prior to the City’s accepting the installations. The prints shall indicate in red all deviations from the contract plans such as location number of fiber optic cable, pull boxes and runs, depths of conduit, number of conductors and other appurtenant work for future references. The Contractor shall ascertain the existence of any conditions affecting the cost of the project which would have been disclosed by a reasonable examination of the site. On these plans the Contractor shall mark all as-built conditions, locations, configurations, and other details which may vary from the details represented on the original drawings. This master record of as-built conditions, including all revisions made necessary by Addenda, Change Orders, and the like, shall be maintained up to date during the progress of the work. In the case of those drawings which are superseded by final shop drawings, the as-built drawings shall be updated by indicating how those portions are superseded. Upon completion of the work and prior to final acceptance, legible, as-built drawings shall be turned over to the Engineer. Payment Payment for As-Built Plans shall be considered in the lump sum contract price paid for including full compensation for furnishing all labor, material, equipment and incidentals to provide a complete set of As-Built Plans as required in these Technical Specifications, and as directed by the Engineer, and no additional compensation will be made therefor.  dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐʹ,^/W/ŶƚĞƌĐŽŶŶĞĐƚ/ŵƉƌŽǀĞŵĞŶƚƐϰϬϬϬͲϱϰ       Bid Item 10. MAINTENANCE CONTRACT 8.2.13 Maintenance Contract The Contractor shall maintain on the job site, a set of full-size red-line prints (half-sized may be used as well), to which the City shall have access at all times. A. Maintenance Contract Terms 1. The term of this agreement will be for two years, with three (3), one- year options to extend. 2. Payment or prevailing wages is required. 3. A Non-Disclosure Agreement (NDA) will be required from the awarded contractor. B. General 1. The Contractor is required to perform all ongoing maintenance, repair, support services, preventive maintenance including “Moves, Adds, and Changes” (MAC) for the Camera System to ensure that the systems, associated hardware, Interfaces and all their subcomponents are fully functional 24-hours per day, 7 days a week, throughout the term of the Contract for the sole purpose of providing proper, safe and reliable operations. 2. The Services consist generally of furnishing all labor, materials, appliances, tools, equipment, services, and supervision required to perform all maintenance and repair / replacement services, preventive maintenance, programming, configuration, related interfaces, testing, troubleshooting, modifications, or installing new components as necessary, updating all documentation to reflect related components repairs, moves, adds and changes and maintaining an on-site spare parts inventory for all Camera System equipment at City facilities. 3. Contractor is required to provide repair and preventive maintenance services for systems and associated hardware, including signaling devices, relays, switches and other ancillary equipment. Contractor is also required to provide repair and preventive maintenance for interfaces to City databases. Contractor shall provide updates to the programs, servers, desktop clients, and install new clients as needed. Additional equipment, software, and components, referenced throughout this Scope of Services and its attachments are all part of the repair, preventive maintenance, and support services under this Contract. 4. The Camera System is a critical security component required to function in support of City’s Facility Security Plan. The Contractor must ensure the scalability and maintainability of the system. 5. Prior to performing service contractor is required to submit a letter certifying the technician is Genetec certified, and has passed proper background checks. Letter must be submitted to the City before technician is assigned to work at any the City sites. Contractor shall be responsible for backgrounds checks.  dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐʹ,^/W/ŶƚĞƌĐŽŶŶĞĐƚ/ŵƉƌŽǀĞŵĞŶƚƐϰϬϬϬͲϱϱ       6. The Contractor shall communicate with the Information Technology Department to coordinate schedule and staffing at each site prior to commencing any maintenance or repair work. 7. The Contractor shall be required to maintain, at all times, a record of the services provided by type of service including MACs, repairs, and preventive maintenance. The record must include, at a minimum, date, time, employee name, activity or problem descriptions, actions or resolutions, and City personnel referring the service call. The Contractor shall provide this information in a report format approved by City. The Contractor shall submit the report on a monthly basis to City and ensure that real time reports are available to City on an “as needed” basis. C. Updating Existing Documentation 1. The City will provide the contractor with as-built documentation of the existing system. 2. The Contractor shall keep as-built documents updated throughout the term of this Service Contract. Every six months, Contractor will submit such updated records/documentation for City’s review. 3. Thirty days prior to the end-date of this Service Contract, Contractor is required to submit for City’s final review all currently updated records and documentation that reflect the latest move, adds and changes to date. D. On-call Service Requirements 1. The Contractor shall perform repair work on an as needed basis, only after obtaining prior approval. 2. The Contractor response time to a call for repair from an authorized City representative shall be as follows: i. The Contractor shall respond by call back or email within one hour of receiving a call for service. ii. The Contractor shall have service personnel on-site within four hours for a normal service call from the time the service call is placed. iii. The Contractor shall have service personnel on-site within two hours for an emergency service call from the time the service call is placed. City shall determine which types of failures are Emergency related failures and shall notify the Contractor of that designation at the time the call is placed. 3. The Contractor shall provide a quote to the authorized City employee, and receive approval to proceed, prior to the start of repair work. 4. The Contractor shall require verbal approval from an authorized City employee, providing the Contractor with a PO number prior to the start of any emergency work.  dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐʹ,^/W/ŶƚĞƌĐŽŶŶĞĐƚ/ŵƉƌŽǀĞŵĞŶƚƐϰϬϬϬͲϱϲ       5. City personnel must be provided with Contractor work tickets upon completion of work. City will provide the Contractor with information regarding the asset tracking system and asset ID tags upon award of contract. A list of approved City personnel will be provided the Contractor upon award of the contract. 6. The Contractor shall be responsible for callbacks on all prior work regardless if the work is considered emergency in nature. 7. City will not compensate the Contractor for travel time to or from any job regardless of the nature of the call. 8. The Contractor shall maintain a spare parts inventory on-site. The City will provide a list of existing spare parts at the start of the contract to assist the Contractor in determining spare parts they are required to provide. Minimum spare parts requirements are: i. Cameras – 2 of each type ii. Switch – 2 iii. Radio – 2 E. Preventative Maintenance Requirements 1. General: The Contractor shall coordinate with the City IT department for all Microsoft Windows updates to be completed within City’s normal patch update schedule. Any work on EACS servers that will take the server off-line for any period of time shall be coordinated with the City. Servers shall not be taken off- line without prior approval from the City. 2. Contractor shall have service personnel on the site on a monthly basis. Contractor shall set up a schedule with the City for times personnel shall be on-site. Some maintenance items shall be completed on a quarterly, semi-annual or annual basis. For maintenance of those items the contractor shall divide the number of devices by the scheduled maintenance interval and then complete the work on that number of devices every month. The information described above is a guideline. The Contactor shall provide a schedule of monthly maintenance to be conducted based on the information provided herein. 3. Camera System i. The Contractor shall coordinate with Genetec for any patches or software updates that are recommended to be implemented since the last maintenance visit and implement those updates as required. ii. The contractor shall coordinate with Genetec to ensure the Service Maintenance Agreement (SMA) is current. The cost of the SMA shall be included in the maintenance cost proposal. The Contractor shall include renewal of the SMA to be maintained through the period of the maintenance agreement. iii. Coordinate with City to confirm application and database files are backed up on a daily basis. Set system alert if there is a problem with the daily backup.  dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐʹ,^/W/ŶƚĞƌĐŽŶŶĞĐƚ/ŵƉƌŽǀĞŵĞŶƚƐϰϬϬϬͲϱϳ       iv. The Contractor shall run system reports on a monthly basis to review system status. At the completion of the upgrade project the Contractor shall run system reports to determine the base- line for system operation. The Contractor shall then run the reports on a monthly basis for the duration of the maintenance contract to identify any system anomalies or system errors. The following reports shall be run at a minimum: x System Status x Health History x Health Statistics x Archiver Statistics x Archiver Storage Details x Access Control Health History v. The system shall be configured to provide email alerts when system elements exceed trigger thresholds. The contractor shall coordinate with City to determine which system elements to provide alerts for and where they should be reported. F. Quality of Work, Cleanliness, Appearance and Decorum 1. Contractor and subcontractors shall abide by the highest professional standards within the industry. All work and quality assurance shall be in accordance with current criteria and guidelines established by the City and regulatory agencies. 2. Contractor shall, at all times, while providing services, keep the immediate and surrounding service area clean and free of debris, trash, and other hazards that would impair operations of the City properties as determined by the City. 3. While performing Services, Contractor’s personnel shall at all times present a professional appearance wearing neat, clean uniforms with Contractor’s company name displayed on uniform shirt, jacket, and safety vest and all required personal protective equipment (PPE). Contractor personnel shall maintain the highest level of professional standards in attire, decorum, and interaction with the public and the City personnel. Contractor shall ensure that all personnel providing Services conduct themselves at all times in a professional manner that reflects well on the City. The City reserves the right to request removal of any Contractor personnel deemed inappropriate for assignment to duty on the City properties. In the event the City is dissatisfied with Contractor’s personnel, Contractor shall replace said personnel within one (1) day of receiving written or verbal notification of such from the City.  dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐʹ,^/W/ŶƚĞƌĐŽŶŶĞĐƚ/ŵƉƌŽǀĞŵĞŶƚƐϰϬϬϬͲϱϴ       Payment Full compensation for Maintenance Contract including furnishing all labor, material, equipment and incidentals necessary to perform the items of work shall be included in the lump sum bid price for Maintenance Contract and no additional compensation will be allowed therefor. Payment will be made on the basis detailed for the Maintenance Contract in the Contractor provided Lump Sum breakdown. ***END OF SECTION*** APPENDIX A ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION (3 PAGES) Appendix A Page 1 ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of La Quinta whose address is 78-495 Calle Tampico, La Quinta, California, 92253, hereinafter called City, and , hereinafter called Contractor whose address is , and hereinafter called Escrow Agent whose address is: . For the consideration hereinafter set forth, the City, Contractor, and Escrow Agent agree as follows: 1. Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities which meet the requirements set forth in said Section 22300, with Escrow Agent, as a substitute for retention earnings required to be withheld by City pursuant to the Construction Contract entered into between City and Contractor for Project No. 2020-03, Citywide Public Safety Camera System,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 RECORD DRAWINGS – CITY SIGNAL FIBER NETWORK CITY OF LA QUINTA CITY OF PALM DESERT CITY OF LA QUINTACITY OF INDIOCITY OF LA QUINTACITY OF INDIO CITY OF LA QUINTACITY OF INDIO CITY OF LA QUINTACITY OF INDIOCITY OF LA QUINTACITY OF INDIOCITY OF LA QUINTACITY OF INDIO CITY OF LA Q U I N T ACITY OF INDIO CITY OF LA QUINTACITY OF INDIOCITY OF LA QUINTACITY OF INDIO CITY OFLA QUINTACITY OFINDIO CITY OFLA QUINTACITY OFINDIO CITY OFLA QUINTACITY OFINDIO CITY OF LA QUINTA CITY OF PALM DESERTCITY OF LA QUINTACITY OF PALM DESERT CITYOFLAQUINTACITYOF INDIANWELLS CITY OFLAQUINTACITYOFINDIANWELLS CITYOFLAQUINTACITY OF INDIANWELLSCITY OFLAQUINTACITY OF INDIAN WELLS CITYOFLA QUINTA CITYOFINDIANWELLS fo fo fo fo fofofofofo TITLE SHEET01HSIP INTERCONNECT IMPROVEMENTSCITY OF LA QUINTACITY PROJECT NO. 2016-02 MMMMMMMMMMMMMFEDERAL PROJECT NO. HSIPL-5433(017) HSIP INTERCONNECT IMPROVEMENTS45AS-BUILT PLANS NOTES, LEGEND & ABBREVIATIONS02SHSIP INTERCONNECT IMPROVEMENTS45AS-BUILT PLANSMNOTICE TO CONTRACTOR: ADAMS STREETAVENUE 48 TO CORPORATE CENTER DRIVE 03HSIP INTERCONNECT IMPROVEMENTS45AS-BUILT PLANS ADAMS STREETBLACK HAWK WAY TO VICTORIA DR 04HSIP INTERCONNECT IMPROVEMENTS45AS-BUILT PLANS CITY OFLA QUINTACITY OFINDIOADAMS STREETMILES AVE TO FRED WARING DR 05HSIP INTERCONNECT IMPROVEMENTS45AS-BUILT PLANS DUNE PALMS ROADAVENUE 48 TO HIGHWAY 111 06HSIP INTERCONNECT IMPROVEMENTS45AS-BUILT PLANS CITY OF LA QUINTACITY OF INDIOCITY OF LA QUINTACITY OF INDIODUNE PALMS ROADWESTWARD HO DR TO DESERT CREST DR 07HSIP INTERCONNECT IMPROVEMENTS45AS-BUILT PLANS CITY OFLA QUINTACITY OFINDIOCITY OFLA QUINTACITY OFINDIODUNE PALMS ROADMILES AVE TO FRED WARING DR 08HSIP INTERCONNECT IMPROVEMENTS45AS-BUILT PLANS CITY OF LA QUINTACITY OF INDIOCITY OF LA QUINTACITY OF INDIOJEFFERSON STREETPOMELO TO DEREK ALAN DR 09HSIP INTERCONNECT IMPROVEMENTS45AS-BUILT PLANS CITY OF LA QUINTACITY OF INDIOCITY OF LA QUINTACITY OF INDIOCITY OF LA QUINTACITY OF INDIOJEFFERSON STREETAVENUE 49 TO AVENUE 48 10HSIP INTERCONNECT IMPROVEMENTS45AS-BUILT PLANSM CITY OF LA QUINTACITY OF INDIOCITY OF LA QUINTA CITY OF INDIO JEFFERSON STREETHIGHWAY 111 TO VISTA GRANDE 11HSIP INTERCONNECT IMPROVEMENTS45AS-BUILT PLANS EISENHOWER DRIVECALLE TAMPICO TO AVENUE 50 12HSIP INTERCONNECT IMPROVEMENTS45AS-BUILT PLANSM EISENHOWER DRIVEAVENIDA FERNANDO TO COACHELLA DRIVE 13HSIP INTERCONNECT IMPROVEMENTS45AS-BUILT PLANS WASHINGTON STREETAVENUE 52 TO AVENUE 50 14HSIP INTERCONNECT IMPROVEMENTS45AS-BUILT PLANS WASHINGTON STREETAVENUE 50 TO VIA BOLERO 15HSIP INTERCONNECT IMPROVEMENTS45AS-BUILT PLANS WASHINGTON STREETEISENHOWER ST TO AVENUE 48 16HSIP INTERCONNECT IMPROVEMENTS45AS-BUILT PLANSM fofoWASHINGTON STREETLAKE LA QUINTA DR TO AVENUE 47 17HSIP INTERCONNECT IMPROVEMENTS45AS-BUILT PLANS CITY OF LA QUINTACITY OF INDIAN WELLSCITY OF LA QUINTACITY OF INDIAN WELLSfofoWASHINGTON STREETSIMON DR TO CHANNEL DR 18HSIP INTERCONNECT IMPROVEMENTS45AS-BUILT PLANSM CITY OF LA QUINTACITY OF INDIAN WELLSCITY OF LA QUINTACITY OF INDIAN WELLSWASHINGTON STREETMILES AVE TO VIA SEVILLA 19HSIP INTERCONNECT IMPROVEMENTS45AS-BUILT PLANS CITY OF LA QUINTACITY OF PALM DESERTCITY OF LA QUINTACITY OF PALM DESERTCITY OF LA QUINTACITY OF INDIAN WELLSCITY OF LA QUINTACITY OF PALM DESERTWASHINGTON STREETFRED WARING DR TO PALM ROYALE DR 20HSIP INTERCONNECT IMPROVEMENTS45AS-BUILT PLANS AVENUE 48DUNE PALMS ROAD TO JEFFERSON STREET 21HSIP INTERCONNECT IMPROVEMENTS45AS-BUILT PLANS AVENUE 52AVENIDA BERMUDAS TO WASHINGTON ST 22HSIP INTERCONNECT IMPROVEMENTS45AS-BUILT PLANSM AVENUE 52WASHINGTON ST TO CETRINO 23HSIP INTERCONNECT IMPROVEMENTS45AS-BUILT PLANS CALLE TAMPICOEISENHOWER DR TO WASHINGTON ST 24HSIP INTERCONNECT IMPROVEMENTS45AS-BUILT PLANS fofofofoHIGHWAY 111PLAZA LA QUINTA TO SIMON DR 25HSIP INTERCONNECT IMPROVEMENTS45AS-BUILT PLANS HIGHWAY 111SIMON DRIVE TO AUTO CENTER WAY 26HSIP INTERCONNECT IMPROVEMENTS45AS-BUILT PLANS CITY OF LA QUINTACITY OF INDIOHIGHWAY 111AUTO CENTER WAY TO JEFFERSON ST 27HSIP INTERCONNECT IMPROVEMENTS45AS-BUILT PLANS MILES AVENUEWASHINGTON ST TO ADAMS ST 28HSIP INTERCONNECT IMPROVEMENTS45AS-BUILT PLANS CITY OFLA QUINTACITY OFINDIOMILES AVENUEADAMS ST TO PED CROSSING 29HSIP INTERCONNECT IMPROVEMENTS45AS-BUILT PLANSM FRED WARING DRIVEWASHINGTON ST TO PALM ROYALE DR 30HSIP INTERCONNECT IMPROVEMENTS45AS-BUILT PLANS COMMUNICATION SCHEMATICDETAIL SHEET 31HSIP INTERCONNECT IMPROVEMENTS45AS-BUILT PLANSLEGEND: (THIS SHEET)HUB CHUB BHUB AHIGHWAY 111WASHINGTON STMILES AVEAVENUE 52CALLEADAMS STJEFFERSON STDUNE PALMSFRED WARING DREISENHOWER DRMMMMMMMTAMPICOWASHINGTON STADAMS STDUNE PALMS(CITY OF PALM DESERT) @ DESERT CLUBAVENUE 52@ AVENUE 52WASHINGTON ST78495 CALLE TAMPICO, LA QUINTA CA@ AVENIDA BERMUDASAVENUE 52@ CETRINOAVENUE 52CITY HALLFIBER SPLICE ASSIGNMENTSWASHINGTON ST / AVENUE 52 32HSIP INTERCONNECT IMPROVEMENTS45AS-BUILT PLANSLEGEND: (THIS SHEET)NOTICE TO CONTRACTOR:HUB A @ VILLAGE SHOPPING CTRWASHINGTON ST@ CALLE TAMPICOWASHINGTON ST@ AVENUE 50WASHINGTON ST@ SAGEBRUSHWASHINGTON ST@ EISENHOWERWASHINGTON ST@ AVENUE 48WASHINGTON ST@ AVENUE 47WASHINGTON STFIBER SPLICE ASSIGNMENTSWASHINGTON ST 33HSIP INTERCONNECT IMPROVEMENTS45AS-BUILT PLANSNOTICE TO CONTRACTOR:LEGEND: (THIS SHEET) @ HIGHWAY 111WASHINGTON ST@ PALM ROYALEFRED WARING DR@ SIMON DRWASHINGTON ST@ CHANNEL DRWASHINGTON ST@ MILES AVEWASHINGTON ST@ VIA SEVILLAWASHINGTON ST@ FRED WARINGWASHINGTON ST@ PALM ROYALEWASHINGTON STTS CAB (P.D.)34HSIP INTERCONNECT IMPROVEMENTS45AS-BUILT PLANSNOTICE TO CONTRACTOR:HUB BFIBER SPLICE ASSIGNMENTSWASHINGTON STLEGEND: (THIS SHEET) @ DESERT CLUBCALLE TAMPICO@ BERMUDASCALLE TAMPICO@ EISENHOWERCALLE TAMPICO@ AVENUE 50EISENHOWER DR@ AVENIDA FERNANDOEISENHOWER DR@ COACHELLAEISENHOWER DRFIBER SPLICE ASSIGNMENTSCALLE TAMPICO / EISENHOWER DR 35HSIP INTERCONNECT IMPROVEMENTS45AS-BUILT PLANSNOTICE TO CONTRACTOR:LEGEND: (THIS SHEET) @ SEELEYMILES AVE@ ADAMS STMILES AVE@ PED XINGMILES AVE@ DUNE PALMSMILES AVEFIBER SPLICE ASSIGNMENTSMILES AVE 36HSIP INTERCONNECT IMPROVEMENTS45AS-BUILT PLANSNOTICE TO CONTRACTOR:HUB CLEGEND: (THIS SHEET) @ FRED WARINGADAMS ST@ ADAMS STMILES AVE@ CORPORATE CTRADAMS ST@ AVENUE 47ADAMS ST@ AVENUE 48ADAMS ST@ BLACKHAWK WYADAMS STFIBER SPLICE ASSIGNMENTSADAMS STREET 37HSIP INTERCONNECT IMPROVEMENTS45AS-BUILT PLANSNOTICE TO CONTRACTOR:HUB CLEGEND: (THIS SHEET) @ BLACKHAWK WYDUNE PALMS RD@ DESERT CRESTDUNE PALMS RD@ FRED WARINGDUNE PALMS RD@ VISTA CORALINADUNE PALMS RD@ AVENUE 48DUNE PALMS RD@ DUNE PALMS MILES AVEFIBER SPLICE ASSIGNMENTSDUNE PALMS ROAD 38HSIP INTERCONNECT IMPROVEMENTS45AS-BUILT PLANSNOTICE TO CONTRACTOR:LEGEND: (THIS SHEET) @ HIGHWAY 111WASHINGTON ST@ PLAZA LA QUINTAHIGHWAY 111@ SIMON DRHIGHWAY 111@ LA QUINTA CENTERHIGHWAY 111@ ADAMS STHIGHWAY 111HIGHWAY 111@ LA QUINTA DRIVE @ DUNE PALMS RDHIGHWAY 11139HSIP INTERCONNECT IMPROVEMENTS45AS-BUILT PLANSNOTICE TO CONTRACTOR:HUB BFIBER SPLICE ASSIGNMENTSHIGHWAY 111LEGEND: (THIS SHEET) @ DEPOT DRIVEHIGHWAY 111@ JEFFERSONHIGHWAY 111@ VISTA GRANDEJEFFERSON ST40HSIP INTERCONNECT IMPROVEMENTS45AS-BUILT PLANSNOTICE TO CONTRACTOR:FIBER SPLICE ASSIGNMENTSHIGHWAY 111 / JEFFERSON STLEGEND: (THIS SHEET) @ POMELOJEFFERSON ST@ AVENUE 50JEFFERSON ST@ AVENUE 49JEFFERSON ST@ AVENUE 48JEFFERSON STFIBER SPLICE ASSIGNMENTSJEFFERSON ST 41HSIP INTERCONNECT IMPROVEMENTS45AS-BUILT PLANSNOTICE TO CONTRACTOR:LEGEND: (THIS SHEET) CONSTRUCTION DETAILSFIBER OPTIC / CABINET LAYOUT DETAIL 42HSIP INTERCONNECT IMPROVEMENTS45AS-BUILT PLANSCOMMUNICATION HUB CABINET (TYPE 334L) LAYOUT DETAILCONTROLLER CABINET LAYOUT DETAIL, TYPICAL LOCAL INTERSECTIONCONTROLLER CABINET INTERFACE AND EQUIPMENT LAYOUT DETAILCONTROLLER CABINET EDGE SWITCH DETAIL CONSTRUCTION DETAILS43HSIP INTERCONNECT IMPROVEMENTS45AS-BUILT PLANSTYPICAL CONDUIT INSTALLATION ON BRIDGESTRUCTURE DETAILSECTION A-ABRIDGE DETAILSDETAIL A - PLAN VIEWEND OF RAIL WITH END BLOCK CONSTRUCTION DETAILSPULL BOX/ SPLICE VAULT/ TRENCH DETAILS 44HSIP INTERCONNECT IMPROVEMENTS45AS-BUILT PLANSTYPICAL TRENCH DETAIL°SIDE VIEW - TYPICAL CONDUIT ENTERING SPLICE VAULT OR PULL BOXNo. 06 PULL BOX DETAILNo. 6E SPLICE VAULT DETAILTYPICAL CONDUIT RADIUSTYPICAL CONDUIT ENTERING PULL BOX CONSTRUCTION DETAILSTMC DETAIL 45HSIP INTERCONNECT IMPROVEMENTS45AS-BUILT PLANS APPENDIX C STANDARD PLANS