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RFQ - L&L 89-1 Lighting Maintenance Services Project No. 2018-31 City of La Quinta LANDSCAPE & LIGHTING DISTRICT 89-1 LANDSCAPE LIGHTING MAINTENANCE SERVICES Project No 2018-31 2 | P a g e REQUEST FOR QUALIFICATIONS AND PROPOSALS LANDSCAPE & LIGHTING DISTRICT 89-1; PROJECT NO 2018-31 LANDSCAPE LIGHTING MAINTENANCE SERVICES The City of La Quinta (City) requests Qualifications and Proposals (RFQ/RFP) from Qualified Contractors to provide light maintenance services for Landscape & Lighting Assessment District 89-1 Project No 2018-31. A mandatory pre-proposal meeting and walk through is scheduled for, Tuesday, April 23, 2019, at 10:30 a.m. at La Quinta City Hall, 78495 Calle Tampico, La Quinta, CA 92253. PROPOSAL FORMAT AND CONTENT: The City is seeking a separate Qualification Work Proposal and a separate Cost Proposal. They should be submitted in separate envelopes clearly marked with the contractor’s name, address, phone number and email address. Given that this is a solicitation for maintenance services, the City will rank the proposals based upon qualifications and then consider cost. Only one proposal per contractor will be considered. All qualifications and proposals shall be enclosed in a sealed envelope with the words clearly written on the front: “LIGHT MAINTENANCE SERVICES PROJECT NO 2018-31 - DO NOT OPEN WITH REGULAR MAIL.” All proposals shall be firm offers subject to acceptance by the City and may not be withdrawn for a period of 180 calendar days following the last day to accept proposals. Proposals may not be amended after the due date except by consent of the City. All proposals must clearly address all of the requirements outlined in this RFP. Proposal packages are to be submitted to the City on/or before Wednesday, May 8, 2019, at/or before 5:00 p.m. Proposal packages received after the stated deadline will not be accepted. Proposal packages are to be delivered to James Lindsey Public Works Maintenance Manager City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 3 | P a g e Envelope 1; Qualification Work Proposals must include: (Submit four (4) copies and one (1) electronic PDF via USB drive) (1) Work Proposal Qualification Summary Sheets (pages 6-13); (2) Section 1200; Contract Documents (3) Section 1205; Examination of Contract Documents (4) Section 1210; Compliance Form; (5) Section 1220; Certification of Proposers Experience and Qualifications; (6) Section 1230; Non-Collusion Affidavit. Envelope 2; Cost Proposal must include: (Submit two (2) copies) (1) Section 1240; Proposed Subcontractors (3) Section 1245; Base Proposal items (4) Section 1300; Contract (pages 1 through 7) from Contract filled out completely. Qualification Work Proposals will be reviewed by a Selection Committee. Contractors will be selected for possible contract negotiations based upon the materials submitted within the Work Proposal. The Committee may choose to interview two or more closely-rated contractors. The City of La Quinta will open contract negotiations with the top-ranked proposer. The successful Contractor will be expected to enter into the City’s standard Contract. The tentative schedule is as follows: Request for Qualifications and Proposals Posted Thursday, April 11, 2019 Mandatory Pre-Proposal Meeting Tuesday, April 23, 2019 Questions Due Monday, April 29, 2019 Qualifications and Proposals Due Wednesday, May 8, 2019 City Council Approval Tuesday, May 21, 2019 Start Date for Services Monday, July 1, 2019 Thank you for your interest, James Lindsey, Public Works Maintenance Manager 4 | P a g e Pre-contractual Expenses: The City shall not be responsible for, under any circumstances, any claims of expenses necessary for the proposer to receive, evaluate, complete and deliver the proposal. The proposer should also not include any pre-contractual expenses or fees in the proposal. Conflicts of Interest: The proposer affirms that to the best of his or her knowledge, there exists no actual or potential conflict between the firm’s business or financial interests, under the Contract, or with any officer, employee, or agent of the City. For the duration of the Contract, the proposer shall refrain from undertaking any work for any individual, business, or legal entity, in which direct conflicts of interest regarding the services to be provided thereunder or herein may arise. RFP Addenda and Clarifications in Written Comments: All comments and questions from proposers must be submitted in writing and received no later than 5:00 P.M. on Monday, April 29, 2019 (“Addenda Due Date”), and must be submitted via the following approved written methods addressed to James Lindsey, Public Works Maintenance Manager, Facilities Department: • Via email to James Lindsey at jlindsey@laquintaca.gov or Dianne Hansen at dhansen@laquintaca.gov • Via mail, if the correspondence is received, and date stamped by the City on or prior to the Addenda Due Date. Any questions raised verbally shall not be addressed by the City. Submittal of written comments or questions shall not be considered by the City unless submitted in an approved method on or before the addenda due date. Written comments or questions received via approved method within the time prescribed herein will be addressed by the City’s issuance of an addendum to this RFP. Notwithstanding anything else herein, if it becomes necessary for the City to revise any part of this RFP, or to provide clarification or additional information after this RFP has been issued, a written addendum will be posted and published on the City’s website, http://www.laquintaca.gov. It is the responsibility of the proposer to check the City’s website for any changes or questions submitted. All addenda shall become part of the RFP. 5 | P a g e PROPOSAL EVALUATION AND CONTRACT AWARD: Selection Committee: A Selection Committee consisting of City staff will be responsible for reviewing, analyzing, and evaluating the proposals received. Interviews may be included in the evaluation process. The Committee may also conduct contract negotiations with the highest rated proposer. The evaluation panel will either select the successful proposer or make recommendations to the City Council regarding selection. Evaluation Criteria: Proposals will be evaluated by the Committee, considering the factors listed below and in no order of significance. • The Contractor's demonstrated competence in similar work and/or their demonstrated ability to take on, train, and retain personnel sufficient to do landscape work of this scope. • The Contractor's ability to provide adequate scheduling, supervision, and the distribution of work crews. • The Contractor's references. • The Contractor's ability to effectively show proof of implementing and managing a thorough quality control program. • Contract Labor Summary. • Facilities, equipment, on-site evaluations. Facilities equipment on-site evaluation: Upon selection of the most qualified proposers, the City may require the finalists to make an oral presentation to the Selection Committee and/or the City Council and/or City Manager. The City expressly reserves the right to reject any or all proposals, with or without providing a reason and to waive any irregularities or informalities in the offers received. In the event of any such rejection, or in the event a proposer’s offer is not rejected but does not result in contract award, the City shall not be liable for any costs incurred by the proposer in connection with the preparation and submittal of the proposal 6 | P a g e REQUEST FOR QUALIFICATIONS SUMMARY (Use additional pages if needed) Company Name:__________________________________________________________ Mission Statement:________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Statement of Values:_______________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 7 | P a g e Work Schedule (Use additional pages or an alternate format if needed) Provide a proposed detailed schedule of work. The proposed schedule should also include strategies to replace/repair and/or update the current lighting in the medians. Proposed weekly schedule of work: ______________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ 8 | P a g e LANDSCAPE LIGHTING MAINTENANCE PROPOSAL SCHEDULE FACILITY # Of Lights 1 Acacia Median (Seeley Dr) 20 2 Acacia Perimeter (Miles Ave) 4 3 Adams - BRIDGE 40 4 Adams St Median (Ave 48-Hwy 111) 17 5 Airport Blvd/ Ave 56 Median (Madison St to Monroe) 28 6 Auto Center Dr Median/Round-A-Bout 6 7 Ave 50 Median (Eisenhower Dr-Washington St) 68 8 Ave 50 Median (Evac Channel- Jefferson St.) 24 9 Ave 52/Calle Sinaloa Median (Eisenhower Dr to Desert Club Dr.) 24 10 Ave 52 Median (Washington St to Jefferson St.) 150 11 Ave 54 Median (Jefferson St-Madison St) 69 12 Avenida Bermudas (Ave 52- Main St.) 34 13 Avenida Bermudas Median (Montezuma to Tampico) 4 14 Avenida La Fonda Median (Avenida Bermudas-Desert Club Dr) 40 15 Avenida Montezuma at Avenida Navarro ( Round- A -Bout) 8 16 Avenida Montezuna/Bermudas City Parking Lot 15 17 Cactus Flower Entrances (Dune Palms Rd) 16 18 Cactus Flower Perimeter (Fred Waring Dr & Dune Palms Rd) 54 19 Calle Estado Median (Avenida Bermudas-Desert Club Dr) 49 20 Calle Tampico Median (Eisenhower Dr-Washington St) 48 21 Civic Center Perimeter (Calle Tampico/Washington St) 96 22 Del Rey L.Q. Norte Perimeter (Miles Ave) 4 23 Desert Club (Ave 52 to Calle Tampico) 13 24 Desert Club Manor/Saguaro (Saguaro Park) 6 25 Eisenhower Dr Median (Avenida Bermudas-Calle Madrid) 14 26 Eisenhower Dr Median (Calle Madrid-Calle Colima) 15 27 Eisenhower Dr Median (Calle Colima to Nogales) 15 28 Eisenhower Dr Median (Calle Nogales-Calle Tampico) 50 29 Eisenhower Dr Median (Calle Tampico to Ave 50) 15 30 Eisenhower Dr. Median ( Fernando Dr to Coachella Dr) 25 31 Eisenhower Dr. Mediam (Coachella DR to Washington St.) 75 32 Entrance Monument (Home Depot) Hwy 111/ Jefferson 17 33 Entrance Monument (Hwy 111/ Plaza La Quinta) 15 34 Fire Station - #93 (Adams St. N of Miles Ave) 9 9 | P a g e 35 Fire Station #70 - P.G.A. West Perimeter (Ave 54/Madison St) 30 36 Fire Station #32 (Ave 52 @ Desert Club) 15 37 Village Medians (Estado & Bermudas) 4 38 Village (Estado & Desert Club)) 4 39 Village (La Fonda & Bermudas) 4 40 Village (La Fonda &Desert Club) 4 41 Fountain (Hwy 111 & Washington) LG's 8 42 APP Dancing Fairies & Electrical System (78495 Tampico) City Hall 4 43 Fredwaring Dr. (Palm Royal to Jefferson St) 133 44 Hwy 111 (West of Adams ST. to Jefferson St.) 120 45 Jefferson St Median (Hwy 111-Ave 54) 164 46 Jefferson St Median (Hwy 111-Westward Ho) 37 47 Jefferson St Bridge 40 48 Library Parking lot & Perimeter 75 49 L.Q. Del Oro Perimeter & Median (Via Sevilla) 20 50 L.Q. Del Oro Perimeter (Washington St) 12 51 L.Q. Highlands Perimeter & Median (Las Vistas Dr) 23 52 L.Q. Highlands Perimeter (Fred Waring Dr) 4 53 Maintenance Yard Parking Lot 60 54 Madison St Median (Airport Blvd-Avenue 58) 46 55 Madison St, Ave 54 to Ave 56 53 56 Madison St, Ave 52 to Ave 54 65 57 Marbella Perimeter (Miles Ave/Adams St) 3 58 Quinterra Perimeter (Miles Ave & Adams Street) 28 59 Rancho Ocotillo Perimeter (Adams St) 32 60 Rancho Ocotillo Perimeter (Fred Waring Dr) 16 61 Wellness Center Parking Facilities (Avenida La Fonda/Calle Guatemala) 34 62 Wellness Center Perimeter (Avenida La Fonda/Calle Guatemala) 53 63 Topaz Perimeter (Dune Palms Rd/Miles Ave) 3 64 Washington St Median (Ave 50 to Ave 52) 45 65 Washington St Median (Ave 48 to Ave 50) 75 66 Washington St Median (Ave Ave 47 to Ave 48) 41 67 Washington St Median (Fred Waring Dr-Miles Ave) 61 68 YMCA & Parking Lot (Moon River) 10 Total 2,413 10 | P a g e EQUIPMENT TO BE USED (Use additional pages or an alternate format if needed) List equipment to be used on this project and include any specialized equipment, do you have a preventative maintenance program, and how often maintenance is performed. Equipment List:______________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ 11 | P a g e CERTIFICATIONS List any certifications that apply to this project held by your company and/or staff and how many staff members have those certifications. Certification:____________________________________________________ Certification:____________________________________________________ Certification:____________________________________________________ Certification:____________________________________________________ Certification:____________________________________________________ Certification:____________________________________________________ Certification:____________________________________________________ Certification:____________________________________________________ Certification:____________________________________________________ Certification:____________________________________________________ Certification:____________________________________________________ Additional Comments:___________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 12 | P a g e PROPOSED PERSONNEL Provide a list of proposed personnel for this project, include any details as to what would make your staff more qualified than anyone else. Include the size of the assigned Supervisor’s and Foreman’s territory and other Munis, Businesses, and HOA’s. Occupation/Title:____________________________________________________ Occupation/Title:____________________________________________________ Occupation/Title:____________________________________________________ Occupation/Title:____________________________________________________ Occupation/Title:____________________________________________________ Occupation/Title:____________________________________________________ Occupation/Title:____________________________________________________ Occupation/Title:____________________________________________________ Occupation/Title:____________________________________________________ Occupation/Title:____________________________________________________ Occupation/Title:____________________________________________________ Additional Comments:________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ 13 | P a g e TRAFFIC CONTROL MEASURES/PROCEDURES Provide a detailed explanation of the traffic control measures and procedures utilized by your company. Include a list of the equipment used for traffic control. Procedures:_________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ Equipment:_________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ REQUEST FOR QUALIFICATIONS AND PROPOSALS CONTRACT SPECIFICATIONS CITY PROJECT NO. 2018-31 Landscape Lighting Maintenance Services For Landscaping & Lighting District 89-1 CITY OF LA QUINTA, CALIFORNIA PREPARED FOR: DATE: April 11, 2019 __________________________________________________ CITY OF LA QUINTA FACILITIES DEPARTMENT 78495 CALLE TAMPICO LA QUINTA, CA 92253 (760) 777-7075 APPROVED BY: __________________________________________________ Steve Howlett, Facilities Director APRIL, 2019 TABLE OF CONTENTS PROJECT NO 2018-31 DIVISION 1 - PROPOSAL AND CONTRACT REQUIREMENTS PAGE 1100 Request for Qualifications and Proposal 100-1 1110 Instructions to Proposers 1110-1 1200 Contract Documents 1200-1 1205 Examination of Contract Documents 1220-1 1210 Compliance Form 1220-2 1220 Certification of Proposer’s Experience/Qualifications 1220-4 1230 Non-Collusion Affidavit 1230-1 1240 Proposed Subcontractors 1240-1 1245 Base Proposal Items 1245-3 1250 Notice to Contractor to Enter into Contract 1250-1 1300 Contract 1300-1 1310 Performance Bond 1310-1 1320 Payment Bond 1320-1 1330 Workers' Compensation Insurance Certificate 1330-1 1340 Liability and Insurance Requirements 1340-1 1.0 Indemnification 1340-1 2.0 Insurance Requirements 1340-2 3.0 Change in Terms 1340-7 1400 General Conditions 1400-1 DIVISION 2 - GENERAL PROJECT REQUIREMENTS 2000 General 2000-1 1.0 Contract Location 2000-1 2.0 Contract Terms 2000-1 3.0 Permits and Licenses 2000-1 4.0 Workman’s Compensation Coverage 2000-1 5.0 Insurance Compliance Requirements 2000-1 6.0 Working Hours 2000-2 7.0 Holidays 2000-2 8.0 Performance Deficiencies and Reduction in Payment 2000-2 9.0 Termination 2000-3 10.0 Labor Charges 2000-3 11.0 Damages 2000-3 12.0 Acceptance 2000-3 13.0 Complaints Received by the City 2000-4 14.0 Communications 2000-4 15.0 Contractors Employees 2000-5 16.0 Quality Control/Quality Assurance/Safety 2000-5 16.1 Quality Control 2000-5 16.2 Performance Requirements Summary Report 2000-5 16.3 Safety 2000-5 16.4 Weekly Schedule 2000-5 16.5 Authorization 2000-5 16.6 Required Form Delivery 2000-5 17.0 Special Requests 2000-6 18.0 Project Inspections 2000-6 19.0 Traffic Control 2000-6 20.0 The City’s Right to do Work 2000-6 21.0 Cooperation/Collateral Work 2000-6 22.0 Protection of Existing Facilities and Structure 2000-6 23.0 City Liaison 2000-7 24.0 Method of Payment 2000-7 25.0 Contractor Neglect 2000-7 26.0 Administration 2000-7 DIVISION 3 - SPECIAL PROJECT REQUIREMENTS 3000 Scope of Work 3000-1 1.0 Scope of Work 3000-1 2.0 Scheduling of Work 3000-1 3.0 Services to Be Performed 3000-1 3.1 General 3000-1 DIVISION 4 - REPORTS AND SCHEDULES SECTION 4000 4000-1 DIVISION 5 - FORMS SECTION 5000 5000-1 APPENDIX SUMMARY OF LANDSCAPE LIGHTING MAINTENANCE AREAS P a g e | 1 Request for Qualifications and Proposal SECTION 1100 REQUEST FOR PROPOSAL Project No. 2018-31 LANDSCAPE LIGHTING MAINTENANCE SERVICES FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 SEALED REQUEST FOR QUALIFICATIONS ANDPROPOSALS will be received by the City of La Quinta (City) located at 78495 Calle Tampico, La Quinta, California, 92253 at/or before 5:00 P.M. on Wednesday, May 8, 2019 for performing work as follows: Furnish all necessary equipment, labor, and incidentals as required to perform landscape lighting maintenance duties for median islands, parkways, retention basins, fountains and civic facilities. The work involved is in the Landscape and Lighting Assessment District 89-1 consisting of maintenance and repair of all fountain facilitie s, landscape lighting, electrical systems and irrigation electrical. A listing of sites and plans for each landscape lighting maintenance area has been included in the Appendix section of this Specification. Initial Annual Contract period will be for twelve (12) months from July 1, 2019 to June 30, 2020 prior to May 8, 2019. IMPORTANT: It is the responsibility of the proposer to check the City’s website for any changes or questions submitted. Proposal procedures are prescribed in the Project Specifications. Proposals shall be executed upon the forms bound and made a part of said Specifications. The City reserves the right to reject any or all proposals, and to waive any irregularities in the proposals. All proposers shall be licensed under the provisions of Chapter 9, Division 3 of the Business and Professions Code of the State of California to do the type of work contemplated in the project. In accordance with provisions of California Public Contract Code Section 3300, the City has determined that the Contractor shall possess a valid Class C-10 License at the time that the proposal is submitted. Subcontractors shall possess valid, suitable licenses for the work they will perform. Failure to possess the specified license(s) shall render the proposal as non-responsive. This project is subject to Prevailing Wage. The Contractor shall not knowingly pay less than the general prevailing rate for per diem wages, as determined by the State of California Department of Industrial Relations and referred to in the Request for Proposal, to any workman employed for the work to be performed under this contract; and the Contractor shall forfeit as a penalty to the City the sum of Twenty -Five Dollars ($25.00) for each calendar day, or fraction thereof, for such workman paid by him or by any subcontractor under him in violation of this provision (Sections 1770 -1777, Labor Code of California). Pursuant to Section 1770, et. seq., of the California Labor Code, the successful proposer shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. These wage rates are P a g e | 2 Request for Qualifications and Proposal available from the California Department of Industrial Relations’ Internet web site at http://www.dir.ca.gov. Pursuant to Section 1725.5 of the California Labor Code, no contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations at the time the contract is awar ded. Contractors and subcontractors may find additional information for registering at the Department of Industrial Relations website at http://www.dir.ca.gov/Public- Works/PublicWorks.html. Pursuant to Labor Code section 1771.1, no contractor or subcontractor may be listed on a proposal for a public works project submitted on or after March 1, 2015 unless registered with the Department of Industrial Relations. Furthermore, all proposers and contractors are hereby notified that no contractor or subcontractor may be awarded, on or after April 1, 2015, a contract for public work on a public works project unless registered with the Department of Industrial Relations. Pursuant to Labor Code section 1771.4, all proposers are hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The successful proposer will be required to furnish a Performance Bond in the amount equal to One Hundred (100%) of the Contract annual amount and a Payment bond in the amount equal to Twenty-five percent (25%) of the Contract annual amount. Proposal forms received after the designated time will not be accepted. No proposer may withdraw its proposal for a period of 180 (6180) days after the date set for the opening of proposals. Proposals shall be submitted only in sealed envelopes. Approved By: Date: Steve Howlett, Facilities Director P a g e | 1 Instruction to Proposers SECTION 1110 INSTRUCTIONS TO PROPOSERS 1.0 WORK TO BE DONE It is the intention of the City to maintain the landscape lighting and electrica l construct as identified in the specifications contained herein. All of the work is particularly set forth in the plans and specifications, and all of said work, together with all other work incidental thereto, is included. The work includes the furnishing of all labor, materials, incidentals , and equipment necessary for the perpetual bi-weekly maintenance of all lighting areas identified in Landscape and Lighting Assessment District 89-1 and all appurtenant incidental items. The Contractor shall be required to provide, at its own cost and expense, all necessary insurance, as required by law or these specifications, and shall pay the cost a nd expense of any and all incidental matters herein required. 2.0 EXAMINATION OF CONTRACT DOCUMENTS Each proposer shall thoroughly examine and be familiar with the Contract documents contained in the Project Manual, drawings and addenda, if any. The submi ssion of a proposal shall constitute an acknowledgment upon which the City may rely that the proposer has thoroughly examined and is familiar with the Contract documents. The failure or neglect of a proposer to receive or examine any of the Contract documents shall in no way relieve him from any obligation with respect to its proposal or to the Contract. No claim for additional compensation will be allowed which is based upon a lack of knowledge of any Contract documents. 3.0 INSPECTION OF SITE Proposers are required to inspect all sites of the work to satisfy themselves by personal examination, or, by such other means as they may prefer, of the location of the proposed work and of the actual conditions of and at the site of work. If during the course of its examination, a proposer finds facts or conditions which appear to be in conflict with the letter or spirit of the request for proposal (RFP) documents, the Proposer may apply to the City, in writing, for additional information and explanation before submitting its proposal. Submission of a proposal by the proposer shall constitute acknowledgment that, if awarded the Contract, it has relied and is relying on its own examination of the following: (a) All sites of the work; (b) Access to the sites; and (c) All other data and matters requisite to the fulfillment of the work and on its own knowledge of existing facilities on and in the vicinity of the site of the work to be maintained under the Contract. The information provided by the City is not intended to be a substitute for, or a supplement to the independent verification by the proposer to the extent such independent investigation of site conditions is deemed necessary or desirable by the proposer. P a g e | 2 Instruction to Proposers 4.0 INTERPRETATION OF CONTRACT DOCUMENTS No oral representations or interpretations will be made to any proposer as to the meaning of the Contract documents. Requests for an interpretation shall be made in writing and delivered at least five (5) days prior to the proposal due date: James Lindsey, Public Works Manager City of La Quinta Facilities Department 78495 Calle Tampico La Quinta, CA 92253 jlindsey@laquintaca.gov Requests to clarify the source of materials, equipment, suppliers or any other such matters which does not modify, change, increase, or decrease the scope of work that requires no action by the City other than a response to the proposer requesting the clarification. Requests to clarify possible ambiguous or incomplete statements or designs, or any other such clarification which modifies, changes, increases or decreases the scope of work, requires issuance of an addendum by the City for the interpretation to become effective. 5.0 POSTPONEMENT OF OPENING The City reserves the right to postpone the date and time for receiving and/or opening of proposals at any time prior to the date and time established in the RFP. Postponement notices shall be mailed to plan holders of record in the form of addenda. 6.0 OPENING OF PROPOSALS The selectin committee will rank the Contractors for contract negotiations based upon the materials submitted. The Committee may choose to interview one or more closely related candidates. The City of La Quinta will open contract negotiations with the top ranked proposer. The successful Contractor will be expected to enter into the City’s standard Contract Services Agreement. 7.0 PREPARATION OF PROPOSAL FORMS Proposals shall be made on the blank forms provided and must be submitted at the time and place stated in the RFP. All blanks in the proposal forms must be appropriately filled in and all prices must be stated in figures. Work and cost proposals must be submitted in separate sealed envelopes. It is the sole responsibility of the proposer to see that its submittal is received in proper time. Any proposal received after the scheduled closing time for receipt of proposals will be returned to the proposer unopened. City shall not be responsible for errors or omissions in the proposal. P a g e | 3 Instruction to Proposers 8.0 PROPOSER’S SIGNATURE AND AUTHORITY If the proposal is made by an individual, his/her name, signature, and post office address must be shown; if made by a firm or partnership, the name and post office address of the firm or partnership, a list of the partners, and the signature of at least one of the general partners must be shown; if made by a corporation, the proposal shall show the name of the state under the laws of which the corporation is chartered, the name and post office address of the corporation, and the title of t he person who signs on behalf of the corporation. If the proposal is made by the corporation, a certified copy of the bylaws or resolution of the Board of Directors of the corporation shall be furnished, upon request of the City’s designee, showing the authority of the officer signing the proposal to execute Contracts on behalf of the corporation. If the proposal is made by a joint venture, the proposal shall be signed by a representative of one of the joint venture firms. Additionally, the proposal shall include a copy of the resolution or contract empowering the representative to execute the proposal and bind the joint venture. 9.0 ERASURES The proposal submitted must not contain any erasure, interlineations, or other corrections unless each such correction is suitably authenticated by affixing in the margin immediately opposite the correction the signature or signatures of the person or persons submitting the proposal. 10.0 PROPOSAL IRREGULARITIES Changes, additions, alternate proposals, or any other modifications of the proposal which is not specifically called for in the Contract Documents may result in rejection of the proposal by the City, as not being non-responsive to the RFP. No oral or telephonic modification of any proposal submitted will be considered. 11.0 MODIFICATION OF PROPOSAL Modification of a proposal already received will be considered only if the modification is received prior to the time established for receiving proposals. Modifications shall be made in writing, executed, and submitted in the same form and manner as the original proposal. 12.0 WITHDRAWAL OF PROPOSALS In accordance with Public Contract Code 5103, within five days after the opening of proposals, a proposer may withdraw its proposal providing the proposer can establish to the City's satisfaction that a mistake was made in preparing the proposal. A proposer desiring to withdraw shall give written notice to the City, specifying, in detail, how the mistake occurred and how the mistake made the proposal materially different than it was intended to be. Withdrawal will not be permitted for mistakes resulting from errors in judgment or carelessness in inspecting the site of the work or in reading the Project Documents. P a g e | 4 Instruction to Proposers 13.0 ADDENDA Addenda issued during the RFP process shall become a part of the documents furnished proposers for the preparation of proposals, shall be covered in the proposals, and shall be made a part of the Contract. Each proposal shall include specific acknowledgment in the space provided of receipt of all Addenda issued during the proposal period. Failure to so acknowledge may result in the proposal being rejected as non-responsive. Failure of any proposer to receive such Addenda shall not be grounds for non-compliance with the terms of the instructions. Addenda will be posted on the City’s website. The contractor is responsible to check the website for any additional Addenda. 14.0 PROPOSAL PRICES Proposal prices shall include everything necessary for the completion of the work including but not limited to; providing the materials, equipment, tools, and other materials, with the management, superintendence, labor and services. Proposals prices shall include allowance for all federal, state and local taxes. In the event of a difference between a price quoted in words and a price quoted in figures for the same quotation, the words shall be the amount proposed. In the event that the product of a unit price and an estimated quantity does not equal the extended amount quoted, the unit price shall govern and the correct product of the unit price and the estimated quantity shall be deemed to be the amount proposal. If the sum of two or more items in a proposal schedule does not equal the total amount quoted, the individual item amounts shall govern, and the correct total shall be deemed to be the amount proposed. 15.0 QUALIFICATION OF PROPOSER Each proposer shall complete and submit with their proposal Section 1220, CERTIFICATION OF PROPOSER'S EXPERIENCE AND QUALIFICATIONS. Upon the request of City, any proposer whose proposal is under consideration for the award of the Contract shall promptly submit satisfactory evidence showing the proposer’s financial resources, its construction experience, and its organization's availability for the performance of the Contract. The proposer may be required to establish to the satisfaction of the City the reliability and responsibility of the persons or entities proposed to furnish and perform the work described in the Documents. 16.0 PROPOSERS INTERESTED IN MORE THAN ONE PROPOSAL No person, firm, or corporation, under the same or different name, shall make, file, or be interested in more than one proposal for the same work unless alternate proposals are called for. P a g e | 5 Instruction to Proposers The City may reject the proposals of the known participants in such collusion. Pursuant to Public Contract Code Section 7106, proposers shall execute and furnish with their proposals Section 1230, NON-COLLUSION AFFIDAVIT. 17.0 OFFER OF ASSIGNMENT OF ANTITRUST ACTIONS As provided by Sections 4551 and 4552 of the California Government Code, in submitting a proposal to the City, the proposer offers and agrees that if the proposal is accepted, it will assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the proposer for sale to the City pursuant to the proposal. Such assignment shall be made and become effective at the time the City tenders final payment to the proposer. 18.0 ASSIGNMENT OF CONTRACT No assignment by the Contractor of any contract to be entered into hereunder, or any part thereof, or of funds to be received thereunder by the Contractor, will be recognized by City unless such assignment has had prior approval of City and the Surety has been given due notice of such assignment in writing and has consented thereto in writing. 19.0 REJECTION OF PROPOSALS The City reserves the right to reject all proposals for any reason. The City further reserves the right to reject any proposal: which is non-responsive, incomplete, obscure, or irregular; which omits a proposal on any one or more of the required proposal items; which does not contain satisfactory docu mentation of the proposer’s qualifications as required by Section 1110-16.0, QUALIFICATION OF PROPOSER; which, in the City's opinion, the unit prices are unbalanced; which is accompanied by insufficient or irregular proposal security; or, which is from a proposer who has previously failed, on a contract of any nature, to perform properly or to complete it on time. The City reserves the right to waive irregularities. 20.0 CONTRACT AND BONDS The successful proposer, simultaneously with the execution of the Contract, will be required to furnish a Performance Bond in the amount equal to One Hundred (100%) percent of the contract price and a Payment Bond on forms provided by the City in an amount equal to Twenty-five percent (25%) of the Contract Price, and the WORKER'S COMPENSATION INSURANCE CERTIFICATE in Section 1330. Said bonds shall be secured from a surety company satisfactory to City. The form of Contract, as provided in Section 1300, which the successful proposer as Contractor will be required to execute, and the forms of bonds as provided in Section 1320, which it will be required to furnish, shall be carefully examined by the proposer. P a g e | 6 Instruction to Proposers 21.0 AWARD OF CONTRACT Within sixty (60) days after the time of opening of the proposals, the City will act either to accept a proposal, to reject all proposals or with the consent of the proposers and their sureties to extend the time in which the City may act. The acceptance of a proposal will be evidenced by a notice of award of Contract in writing, delivered in person or by certified mail to the proposer whose proposal is accepted. No other act of City will constitute acceptance of a proposal. The award of Contract shall obligate the proposer whose proposal is accepted to furnish performance and payment bonds and evidences of insurance, and to execute the Contract in the form set forth in the Contract documents. 22.0 EXECUTION OF CONTRACT The Contract Agreement shall be executed by the successful proposer and returned, together with the Contract bonds and evidences of insurance, within ten (10) days after receiving written notice of the award of the Contract. Time is of the essence in this regard. After execution by City, one copy shall be returned to Contractor. 24.0 FAILURE TO ACCEPT CONTRACT If the proposer to whom the award is made fails to enter into the contract, the award will be annulled, an award may be made to the next qualified responsible proposer, and that proposer shall fulfill every stipulation as if it were the party to whom the first award was made. 25.0 CONTRACT ASSIGNMENT The proposer shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City Council of the City of La Quinta. 26.0 NON-DISCRIMINATION In the performance of the terms of this contract, the proposer agrees that it will not engage in, or permit such subcontractors as it may employ, to engage in discrimination in employment or persons because of age, race, color, sex, national origin or ancestry, or religion of such persons. 27.0 LABOR ACTIONS In the event that the successful proposer is experiencing a labor action at the time of the award of the proposal (or if its suppliers or subcontractors are experiencing such a labor action), the City reserves the right to declare said proposer is no longer the qualified responsible proposer and accept the next acceptable qualified proposal from a proposer that is not experiencing a labor action, and declare it to be the lowest responsible proposer. P a g e | 7 Instruction to Proposers 28.0 BUSINESS LICENSE All proposers shall be aware of the City's Business License Ordinance, which requires that a Business License is obtained before any business, trade, profession, enterprise, establishment, occupation, or calling is conducted within the City. A Business License is required when business is conducted in the City even when the principal location of the business may be outside of the City or a Business License is only evidence of the fact that the fee has been paid; it does not sanction or approve any operation not otherwise permitted. Verification that the proposer has a valid City of La Quinta Business License will be obtained by City prior to the execution of the purchase contract. 29.0 DEFINITIONS Whenever these words occur in this specification, they shall have the following meaning: A. Specification: Proposal, Request for Proposals, General Information, General Requirements, Specific Requirements, and any supplements, drawings, sketches, and data sheets, attached or referenced, comprise the complete specification. B. City: City of La Quinta. C. Contractor: The party or parties executing a contract with the City of La Quinta for the work specified herein. D. Project or Work: All lighting maintenance work specified, implied, or directed pursuant to these specifications. E. As Directed: Where this word appears in the specification, it shall signify that the item or items referred to are indicated on the drawing or exhibits which are a part of this specification. F. Approved, Approval: Satisfactory to the Public Works Maintenance Manager. G. Public Works Manager: The person designated as the project representative for administration of the contract. (James Lindsey, Public Works Manager (760) 777-7052). H. Extra Work: Services, materials, or equipment furnished by the Contractor which is over and above his contract provisions and which are reimbursed by the City. I. Proposer: The party or parties competing for a contract with the City for the work specified herein. J. Contractor Control: Conditions or events that are reasonably within the Contractor's ability to guide or manage. P a g e | 8 Instruction to Proposers K. City Representative: The person(s) designated by the City as the project representative for administration of compliance of this specification by the Contractor. L. Daily: Monday, Tuesday, Wednesday, Thursday, Friday, and Saturday. M. Holidays: Those holidays observed by the City. 30.0 DILIGENT PERFORMANCE OF WORK If, in the opinion of the City representative or City Inspector, the labor furnished by the Contractor is incompetent, unskilled, or unreliable, his equipment inadequate, improper, or unsafe, or if the Contractor shall fail to continuously and diligently execute the work, the City shall, in writing, instruct the Contractor to remove all such causes of complaint and the Contractor shall promptly comply. 31.0 DISCREPANCIES, OMISSIONS, AND CLARIFICATIONS After executing the agreement, no consideration will be given to any claim or misunderstanding of the documents or alleged unfamiliarity of the site conditions affecting the work. Should a proposer discover discrepancies or omissions in the Specifications and/or should he be in doubt as to their meaning, he shall at once notify the City who will issue a written clarification or supplementary information by an addendum. Request for clarification must be made to the City not later than five (5) working days prior to the date of submission of proposals. Clarifications of a technical nature should be made by telephone to: James Lindsey, Public Works Manager (760) 777-7052 E-mail: jlindsey@laquintaca.gov 32.0 SUPPORT INFORMATION/QUANTITIES The support information or quantities such as square footage or acreage are prepared from the best information available. The purpose is to assist the proposer and the City takes no responsibility for complete accuracy. 33. WAGE RATES Pursuant to Section 1770, et. seq., of the California Labor Code, the successful proposer shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. These wage rates are available from the California Department of Industrial Relations’ Internet website at http://www.dir.ca.gov. P a g e | 1 Proposal 1200-1 SECTION 1200 CONTRACT DOCUMENTS DATE: The undersigned, as proposer, declares it has received and examined the Contract Document entitled Landscape Lighting Maintenance Services for Landscape and Lighting Assessment District 89-1, City Project No. 2018-31 and will contract with the City, on the form of Contract provided herewith, to do everything required for the fulfillment of the contract for said work at the prices and on the terms and conditions herein contained. We have included the following items and agree that they shall form a part of this proposal: SECTION TITLE 1200 Contract Documents 1205 Examination of Contract Documents 1210 Compliance Form 1220 Certification of Proposer’s Experience and Qualifications 1230 Non-Collusion Affidavit 1240 Proposed Subcontractors 1245 Base Proposal Items 1250 Notice to Contractor to Enter into Contract We acknowledge that the following addenda have been received and have been examined as part of the Contract Documents. Proposers must be on the Plan Holders List with PlanWell Enterprise or Plan Manager Pro in order to receive addenda. Addendum # Date Received Initials Name of Proposer Proposer Telephone Number P a g e | 2 Proposal 1200-2 If our proposal is accepted, we agree to sign the contract without qualifications and to furnish the performance and payment bonds and the required evidence of insurance within 10 calendar days after receiving written notice of the award of the contract. We further agree, if our proposal is accepted and a Contract for performance of the work is entered into with the City, to so plan work and to prosecute it with such diligence that the work shall be completed within the time stipulated. Name of Proposer Contractor's License No. License Expiration Date Signature of Proposer Witness Title of Signatory Title of Witness ___________________________ Telephone Number E-mail Address Address of Proposer Company Name State of Incorporation P a g e | 3 SECTION 1205 EXAMINATION OF CONTRACT DOCUMENTS Proposal to the City of La Quinta, In compliance with the Advertisement for Proposals, the undersigned Contractor: Has examined the contract documents, site of work, and being familiar with the conditions to be met, hereby submits the following Proposal for furnishing the material, equipment, labor, and everything necessary for the completion of the work listed and agrees to execute the contract documents and furnish the required bonds and certificates of insurance for the completion of said work, at the locations and for the prices set forth on the inside pages of this form. Understands that services of this project shall be in accordance with all applicable specifications in this document. Unit prices in each and every case represent the true unit price used in preparing the proposal schedule totals (Proposal Form). Unit prices listed herein include material, installation and appurtenant work as is necessary to have the item complete and in place meeting the full intent of the plans and specifications. We acknowledge that unbalanced unit prices shall be sufficient cause for the rejection of our proposal. Proposal items are for labor, equipment, and incidental materials as referenced in Section 3000. All major components are to be provided by the City unless otherwise specified. See Appendix for quantities. Agrees that, upon receipt of a Notice of Award, from the City, the contractor will execute the contract documents. Work shall be completed within one (1) year (twelve [12] months), by June 30, 2020, beginning on July 1, 2019 as specified in the Notice to Proceed. The City may elect to exercise an extension to renew this contract for four (4) additional one-year terms with a ninety (90) day notice, on a year to year basis, contingent upon satisfactory work of the contractor. Name of Proposer Date P a g e | 4 SECTION 1210 COMPLIANCE FORM AGREEMENT FOR CONTRACT SERVICES LANDSCAPE AND LIGHTING DISTRICT 89-1, PROJECT NO. 2018-31 Read and initial one of the paragraphs below, then sign at the bottom. _____I have read and understand the conditions of the Contract Services Agreement for the Landscape and Lighting District 89-1. If I am selected to perform landscape lighting maintenance services for the City, I am willing and able to comply with all contract documents. _____ I have read and understand the conditions of the Contract Services Agreement for paint services but am not able commit to all of the conditions required. Below are the portions I contest. Changing the described items would enable me to comply. (If you need more space please attach more pages and fill in the number of sheets at the bottom of the page. Any requested changes to the Contract Services Agreement must be approved by the City Attorney.) Print Name Signature Date P a g e | 5 SECTION 1220 CERTIFICATION OF PROPOSER’S EXPERIENCE AND QUALIFICATIONS The undersigned Proposer certifies that he is, and shall be, throughout the period of the contract, licensed under the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California, to do the type of work contemplated in the Contract Documents. Proposer shall further certify that it is skilled and regularly engaged in the general class and type of work called for in the Contract Documents. The Proposer represents that it is competent, knowledgeable, and has special skills on the nature, extent, and inherent conditions of the work to be performed. Proposer further acknowledges that there are certain peculiar and inherent conditions existent in the maintenance of the particular facilities, which may create, during the landscape electrical lighting maintenance contract, unusual or peculiar unsafe conditions hazardous to persons and property. Proposer expressly acknowledges that it is aware of such peculiar risks and that it has the skill and experience to foresee and to adopt protective measures to adequately, and safely, perform the work with respect to such hazards. The Proposer shall list below three (3) contracts completed in the last seven (7) years of similar size and complexity that indicate the Proposer’s experience as a Landscape Lighting Maintenance Contractor. The projects must be similar in scope of work. Please indicate on additional paper if a quality control program was implemented, and managed, as part of the work efforts, and if written proof of the quality control program can be provided to the City of La Quinta prior to the award of Proposal for this previous assignment. A. Project Name: Owner: _____ Contract Amount: $ ___ Contract Time: ____ Calendar Days Owner's Representative: ___Telephone No: _____ Duration of Contract: Years from to Prevailing Wage: ___Yes No P a g e | 6 B. Project Name: Owner: Contract Amount: $ ____ Contract Time: Calendar Days Owner's Representative: ___ Telephone No: _______ Duration of Contract: Years from to Prevailing Wage: ___Yes No C. Project Name: Owner: Contract Amount: $ ___ Contract Time: Calendar Days Owner's Representative: ____ Telephone No: Duration of Contract: Years from to Prevailing Wage: ___Yes No Signed this day of , 2019. Name of Proposer Contractor's License No. Address of Proposer License Expiration Date DIR Number (Prevailing Wage) Signature of Proposer Title of Signatory P a g e | 7 SECTION 1230 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY POPOSER AND SUBMITTED WITH PROPOSAL State of California ) ) ss. County of ) , being first duly sworn, deposes and say that he or she is of , the party making the foregoing proposal that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from proposing; that the proposer has not in any manner, directly or indirectly sought by contract, agreement, communication, or conference with anyone to fix the proposal price of the proposer or any other proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Signature Name of Proposer Title Company Name P a g e | 8 SECTION 1240 PROPOSED SUBCONTRACTORS Pursuant to California Public Contracting Code, Section 4100 et. seq., the following list gives the name, business address, and portion of work (description of work to be done) for each subcontractor that will be used in the work if the proposer is awarded the Contract. (Additional supporting data may be attached to this page. Each page shall be sequentially numbered, and headed "Proposed Subcontractors" and shall be signed.) The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price except that any designated “Specialty Items” may be performed by subcontract and the amount of any such “Specialty Items” so performed will be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. “Specialty Items” will be identified by the Agency in the Proposal or in the Special Provisions. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. Subcontractor Business Address Description of Work % of Work Signature of Proposer Name of Proposer P a g e | 9 SECTION 1245 Base Proposal Items 1 - 69 Landscape Lighting Maintenance Services Project No. 2018-31 Item No. Monthly Facility / Lighting Inspection Unity Price/Month Price/Annual 1 Acacia Median (Seeley Dr) LS 2 Acacia Perimeter (Miles Ave) LS 3 Adams Bridge LS 4 Adams St Median (Ave 48-Hwy 111) LS 5 Airport Blvd/Ave 56 (Madison to Monroe) LS 6 Auto Center Dr Median/Round-A-Bout LS 7 Ave 50 Median (Eisenhower Dr-Washington St) LS 8 Ave 50 Median (Evac Channel-Jefferson St.) LS 9 Ave 52/Sinaloa Median (Eisenhower to Desert Club) LS 10 Ave 52 Median (Washington to Jefferson) LS 11 Ave 54 Median (Jefferson St-Madison St) LS 12 Avenida Bermudas (Ave 52 to Main St.) LS 13 Avenida Bermudas Median(Montezuma to Tampico) LS 14 Avenida La Fonda (Avenida Bermudas-Desert Club) LS 15 Avenida Montezuma at Avenida Navarro LS 16 Avenida Montezuma/Bermudas City Parking Lot LS 17 Cactus Flower Entrances (Dune Palms Rd) LS 18 Cactus Flower Perimeter (Fred Waring & Dune Palms Rd) LS 19 Calle Estado Median (Avenida Bermudas-Desert Club) LS 20 Calle Tampico Median (Eisenhower Dr-Washington) LS 21 Civic Center Perimeter (Calle Tampico/Washington) LS 22 Del Rey L.Q. Norte Perimeter (Miles Ave) LS 23 Desert Club Dr (Ave 52 to Tampico) LS 24 Desert Club Manor/ Saguaro Park (Saguaro Rd) LS 25 Eisenhower Dr Median (Bermudas to Madrid) LS 26 Eisenhower Dr Median (Madrid to Colima) LS 27 Eisenhower Dr Median (Colima to Nogales) LS 28 Eisenhower Dr Median (Nogales- Tampico) LS 29 Eisenhower Dr Median (Tampico to Ave 50) LS 30 Eisenhower Dr. Median (Fernando to Coachella Dr LS 31 Eisenhower Dr. (Coachella Dr to Washington St) LS 32 Entrance Monument (Home Depot) Hwy 111/Jefferson LS 33 Entrance Monument (Hwy 111/Plaza La Quinta) LS 34 Fire Station - #93 (Adams St N or Miles Ave) LS 35 Fire Station #70 - P.G.A. West Perimeter (Ave 54/Madison St) LS 36 Fire Station 32 (Ave 52 @ Desert Club) LS 37 Village Electrical System (Estado/Bermudas) LS 38 Village Electrical System (Estado/Desert Club) LS P a g e | 10 39 Village Electrical System (La Fonda/Bermudas) LS 40 Village & Electrical System (La Fonda/Desert Club) LS 41 Fountain (Hwy111 @ Washington) LG’s LS 42 APP Dancing Fairies & Elect. Sys. (78495 Tampico) City Hall LS 43 Fred Waring Drive (Palm Royal Drive to Jefferson) LS 44 Hwy 111 Medians (West of Adams to Jefferson) LS 45 Jefferson St Median (Hwy 111-Ave 54) LS 46 Jefferson St Median (Hwy 111-Westward Ho) LS 47 Jefferson St Bridge LS 48 Library Parking Lot & Perimeter LS 49 L.Q. Del Oro Perimeter & Median (Via Sevilla) LS 50 L.Q. Del Oro Perimeter (Washington St) LS 51 L.Q. Highlands Perimeter & Median (Las Vistas Dr) LS 52 L.Q. Highlands Perimeter (Fred Waring Dr) LS 53 Maintenance Yard & Parking lot LS 54 Madison St. Median (Airport to Ave 58) LS 55 Madison St, Ave 54 to Ave 56 LS 56 Madison St, Ave 52 to Ave 54 LS 57 Marbella Perimeter (Miles Ave/Adams St) LS 58 Quinterra Perimeter (Miles Ave & Adams St.) LS 59 Rancho Ocotillo Perimeter (Adams St) LS 60 Rancho Ocotillo Perimeter (Fred Waring Dr) LS 61 Wellness Center Parking Facilities (Avenida La Fonda/Calle Guatemala) LS 62 Wellness Center Perimeter (Avenida La Fonda/Calle Guatemala) LS 63 Topaz Perimeter (Dune Palms Rd &Miles Ave) LS 64 Washington St Median (Ave 52 to Ave 50) LS 65 Washington St Median (Ave 50-Ave 48) LS 66 Washington St. Median (Ave 48 to Ave 47) LS 67 Washington St Median (Miles Ave to Fred Waring) LS 68 YMCA Parking Lot (Moon River) LS Total Amount of Base Proposal Items 1 - 68 LS BASIS OF AWARD: TOTAL AMOUNT OF BASE Proposal IN (Words): ____________________________________________________________ ($________________________) Proposal amount of each of the above Proposal Items must be filled in and completed. It is understood that the quantities shown hereon are but estimates and the proposer is responsible to verify quantities prior to submitting a proposal. Final payment will be based upon actual work performed, subject to such adjustments and alterations as elsewhere provided herein. ___________________________________________________________ Signature of Proposer (Ink) ___________________________________________________________ Name of Proposer (Printed or Typed) P a g e | 11 SECTION 1250 - NOTICE TO CONTRACTOR TO ENTER INTO CONTRACT TO: (Name of Contractor) YOU ARE HEREBY NOTIFIED that a Contract has been awarded to you by the City of La Quinta (hereinafter referred to as “City”) for the landscape maintenance services designated as: CITYWIDE LANDSCAPE LIGHTING MAINTENANCE SERVICES LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 PROJECT N0. 2018-31 (hereinafter referred to as the "Work") in the CITY OF LA QUINTA, STATE OF CALIFORNIA. The Contract for said work is on file in the office of the City Clerk, and further, you are hereby required within fifteen (15 days after this Notice to enter into a contract with said City for the doing of said work and to furnish therewith a Performance Bond for One Hundred percent (100%) of the contract price and Payment Bond, as required by law, in a sum of twenty-five percent (25%) of the contract price. DATED this day of , 2019. Monika Radeva, CITY CLERK CITY OF LA QUINTA STATE OF CALIFORNIA Contract 1300-1 SECTION 1300 CONTRACT THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal corporation, herein referred to as "City,” and __________________________, herein referred to as, "Contractor." W I T N E S S E T H: In consideration of their mutual covenants, the parties hereto agree as follows: 1. Contractor shall furnish all necessary labor, material, equipment, transportation, and services to perform Landscape Lighting and Maintenance Services for Landscape and Lighting Assessment District 89-1, Project No. 2018-31 in the City of La Quinta, California pursuant to the Request for Qualifications and Proposal (RFP), the project Specifications, and Contractor's Proposal, all of which documents shall be considered a part hereof as though fully set herein. Should any provisions of Contractor's Proposal be in conflict with the RFP, Specifications, or this Contract, then the provisions of said Contract, Specifications, and RFP shall be controlling in that order of precedence. The time frame for work shall be in accordance with that specified in the RFP. 2. Contractor will comply with all Federal, State, County, and La Quinta Municipal Code Regulations, which are, amended from time to time, incorporated herein by reference. 3. All work shall be done in a manner satisfactory to the Public Works Manager. 4. Contractor shall commence work on July 1, 2019 after the issuance of a written Notice to Proceed. 5. In consideration of said work, City agrees to pay Contractor such sums as shall be approved by Public Works Manager at monthly sums and/or unit prices stated in the Contractor's Proposal, the base consideration ($__________,____.00). A ll payments shall be subject to approval by the Public Works Manager and shall be in accordance with the terms, conditions, and procedures provided in the Specifications. 6. The Contractor shall not knowingly pay less than the general prevailing rate for per diem wages, as determined by the State of California Department of Industrial Relations and referred to in the RFP, to any workman employed for the work to be performed under this contract; and the Contractor shall forfeit as a penalty to the City the sum of Twenty-Five Dollars ($25.00) for each calendar day, or fraction thereof, for such workman paid by him or by any subcontractor under him in violation of this provision (Sections 1770-1777, Labor Code of California). Contract 1300-2 Pursuant to Section 1770, et. seq., of the California Labor Code, the successful proposer shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. These wage rates are available from the California Department of Industrial Relations’ Internet website at http://www.dir.ca.gov. Pursuant to Section 1725.5 of the California Labor Code, no contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations at the time the contract is awarded. Contractors and subcontractors may find additional information for registering at the Department of Industrial Relations website at http://www.dir.ca.gov/Public-Works/PublicWorks.html. Pursuant to Labor Code section 1771.1, no contractor or subcontractor may be listed on a proposal for a public works project submitted on or after March 1, 2015 unless registered with the Department of Industrial Relations. Furthermore, all proposers and contractors are hereby notified that no contractor or subcontractor may be awarded, on or after April 1, 2015, a contract for public work on a public works project unless registered with the Department of Industrial Relations. Pursuant to Labor Code section 1771.4, all proposers are hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 7. Concurrently with the execution of this Contract, Contractor shall furnish a Performance Bond and a Payment Bond of a surety satisfactory to City, as provided in said Specifications or Request for Proposal, the cost of which shall be paid by Contractor. 8. Except for the gross negligence or willful misconduct of an Indemnified Party (as hereinafter defined), the Contractor hereby assumes liability for and agrees to defend (at Indemnified Parties’ option), indemnify, protect and hold harmless City and its Project Consultants, and Engineers, officers, agents, and employees (“Indemnified Parties”) from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including counsel fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the Indemnified Parties arising out of or encountered in connection with this Contract or the performance of the Work including, but not limited to, death of or bodily or personal injury to persons or damage to property, including property owned by or under the care and custody of City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of Contractor, its officers, agents, employees or Subcontractors including, but not limited to, liability arising from: 1. Any dangerous, hazardous, unsafe or defective condition of, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the premises by Contract 1300-3 Contractor, its officers, agents, employees, or subcontractors; 2. Any operation conducted upon or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors under or pursuant to the provisions of this contract or otherwise; 3. Any act, omission or negligence of Contractor, its officers, agents, employees, or Subcontractors; 4. Any failure of Contractor, its officers, agents or employees to comply with any of the terms or conditions of this Contract or any applicable federal, state, regional, or municipal law, ordinance, rule or regulation; and 5. The conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub-subsections (1), (2), (3), and (4), existing or conducted upon or arising from the use or occupation by Contractor on any other premises in the care, custody and control of City. The Contractor also agrees to indemnify City and pay for all damages or loss suffered by City including but not limited to damage to or loss of City property, to the extent not insured by City and loss of City revenue from any source, caused by or arising out of the conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub-subsections (1), (2), (3), (4) and (5). Contractor’s obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnified Party. However, without affecting the rights of City under any provision of this Contract, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by Contract between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a 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 discre tion, reserve, retain or apply any monies to the Contractor under this Contract for the purpose of resolving such claims; provided, however, City may release such funds if the Contractor provides City with reasonable assurance of protection of the Indemnified Parties’ interests. City shall, in its sole discretion, determine whether such assurances are reasonable. Approval of any insurance contracts by the City does not relieve the Contractor or subcontractors from liability under Section 1340-1.0, Indemnification of the Specifications. The City will not be liable for any accident, loss, or damage to the work prior to its completion and acceptance. 9. Contractor shall hold the County of Riverside, its officers, agents and employees free and harmless from any liability whatsoever, including wrongful death, based or asserted upon any act or omission of principal, its officers, agents, employees or sub-contractors relating to or in any way connected with or arising from the accomplishment of the work, whether or not such acts or omissions were in furtherance of the work requires by the Contract Documents and agrees to defend at his expense, including attorney fees, City of La Quinta, County of Riverside, its officers, agents, employees and Independent Architect in any legal action based on any such alleged acts or omissions. 10. Except as otherwise required, Contractor shall concurrently with the execution of this contract, furnish the City satisfactory evidence of insurance of the kinds and in the amounts provided in said Specifications, Section 1340-2.0, Insurance Requirements. This insurance shall be kept in full force and effect by Contractor during this entire contract and all premiums thereon shall be promptly paid by it. Each policy shall further state that it cannot be canceled without 30 days unconditional written notice to the City and shall name the City as an additional insured on the Commercial General Liability policy only. Contractor shall furnish evidence of having in effect, and shall maintain Workers Compensation Insurance coverage of not less than the statutory amount or otherwise show a certificate of self-insurance, in accordance with the Workers Compensation laws of the State of California. Failure to maintain the required amounts and types of coverage throughout the duration of this Contract shall constitute a material breach of this Contract. 11. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or mechanic employed in the execution of this Contract by said Contractor, or any subcontractor under it, upon any of the work herein mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted to work at other than a rate of pay provided by law for more than 8 hours in any one calendar day and 40 hours in any one calendar week, in violation of the provisions of Sections 1810-1815 of the Labor Code of the State of California. Contract 1300-5 12. In accepting this Contract, Contractor certifies that in the conduct of its business it does not deny the right of any individual to seek, obtain and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age as provided in the California Fair Employment Practice Act (Government Code Sections 12900, et seq.) Contractor agrees that a finding by the State Fair Employment Practices Commission that Contractor has engaged during the term of this Contract in any unlawful employment practice shall be deemed a breach of this Contract and Contractor shall pay to City $1,607.00 liquidated damages for each such breach committed under this contract. 13. Contractor also agrees that for contracts in excess of $30,000 and more than 20 calendar days duration, that apprentices will be employed without discrimination in an approved program in a ratio established in the apprenticeship standards of the craft involved (Sections 1777.5 and 1777.6, Labor Code of California). Contractors who willfully fail to comply will be denied the right to submit a proposal on public projects for a period of six months in addition to other penalties provided by law. 14. This Contract shall not be assignable by Contractor without the written consent of City. 15. In accepting this Contract, Contractor certifies that no member or officer of the firm or corporation is an officer or employee of the City except to the extent permitted by law. 16. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the above work. 17. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor records to the extent the City deems necessary to 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: Frank J. Spevacek, City Manager ATTEST: ______________________________ Dated: Monika Radeva, City Clerk APPROVED AS TO FORM: Dated: City Attorney "CONTRACTOR" (If corporation, affix seal) Dated: By: Signature Name: Title: Address: __________________________________________________________________ Street Address City State Zip Code E-mail: Dated: By: Signature Name: Title: Address: __________________________________________________________________ Street Address City State Zip Code E-mail: SECTION 1310 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of La Quinta (hereinafter referred to as “City”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for ____________________________ (hereinafter referred to as the “Contract”). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, _______________, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option: (1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__). (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. (Attach Attorney-in-Fact Certificate) Title The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________. (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) (Name and Address of Agent or Representative for service of process in California, if different from above) (Telephone number of Surety and Agent or Representative for service of process in California) NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. NOTE: This acknowledgment is to be completed for Contractor/Principal. Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Title(s) Title or Type of Document Partner(s) Limited General Number of Pages Attorney-In-Fact Trustee(s) Guardian/Conservator Date of Document Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached. Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Title(s) Title or Type of Document Partner(s) Limited General Number of Pages Attorney-In-Fact Trustee(s) Guardian/Conservator Date of Document Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above Payment Bond 1320-1 SECTION 1320 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT the City of La Quinta, a municipal corporation, hereinafter designated the City, has on , 2019, awarded to , hereinafter designated as the Principal, a Contract for Project No. 2018-31, Landscape Lighting Maintenance Services. WHEREAS, said Principal is required to furnish a bond in connection and with said Contract, providing that if said Principal, or any of it or its subcontractors shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, we, the Principal, and , as Surety, are held and firmly bound unto the City in the just and full amount of DOLLARS ($ ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, it or its heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind or for amount due under the Unemployment Insurance Act with respect to such work or labor, or for any amounts due, or to be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with respect to such work or labor, then said surety will pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond, such reasonable attorney's fees to the City as shall be fixed by the court. This bond shall insure to the benefit of any and all persons, companies, and corporations named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition of the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations of this bond, and it does hereby waive notice of any change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. Payment Bond 1320-2 IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their seals this day of , 2019 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Principal (Seal) Signature for Principal Title of Signatory Surety (Seal) Signature for Surety Title of Signatory Address of Surety Phone # of Surety Contact Person for Surety Workers Compensation Insurance Certificate 1330-1 SECTION 1330 WORKERS' COMPENSATION INSURANCE CERTIFICATE In accordance with California Labor Code Section 1861, prior to commencement of work on the Contract, the Contractor shall sign and file with the City the following certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Signature Title Date 1340-1 SECTION 1340 LIABILITY AND INSURANCE REQUIREMENTS 1.0 INDEMNIFICATION Except for the gross negligence or willful misconduct of an Indemnified Party (as hereinafter defined), the Contractor hereby assumes liability for and agrees to defend (at Indemnified Parties’ option), indemnify, protect and hold harmless City and its Project Consultants, and Engineers, officers, agents, and employees (“Indemnified Parties”) from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including counsel fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the Indemnified Parties arising out of or encountered in connection with this Contract or the performance of the Work including, but not limited to, death of or bodily or personal injury to persons or damage to property, including property owned by or under the care and custody of City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of Contractor, its officers, agents, employees or Subcontractors including, but not limited to, liability arising from: 1. Any dangerous, hazardous, unsafe or defective condition of, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors; 2. Any operation conducted upon or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors under or pursuant to the provisions of this contract or otherwise; 3. Any act, omission or negligence of Contractor, its officers, agents, employees, or Subcontractors; 4. Any failure of Contractor, its officers, agents or employees to comply with any of the terms or conditions of this Contract or any applicable federal, state, regional, or municipal law, ordinance, rule or regulation; and 5. The conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub-subsections (1), (2), (3), and (4), existing or conducted upon or arising from the use or occupation by Contractor on any other premises in the care, custody and control of City. The Contractor also agrees to indemnify City and pay for all damages or loss suffered by City including but not limited to damage to or loss of City property, to the extent not insured by City and loss of City revenue from any source, caused by or arising out of the conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub-subsections (1), (2), (3), (4) and (5). Contractor’s obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost expense, judgment, civil fine or penalty, or liability was caused in part or 1340-2 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. 2.0 INSURANCE REQUIREMENTS 2.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A-VI: Commercial General Liability (at least as broad as ISO CG 0001) $3,000,000 (per occurrence) $5,000,000 (general aggregate) Must include the following endorsements: General Liability Additional Insured General Liability Primary and Noncontributory 1340-3 Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Personal Auto Declaration Page if applicable Workers’ Compensation (per statutory requirements) Must include the following endorsements: Workers Compensation Waiver of Subrogation Workers Compensation Declaration of Sole Proprietor if applicable Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party's acts or omissions rising out of or related to Contracting Party's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder. Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contracting Party's performance under this Agreement. If Contracting Party or Contracting Party’s employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such person. The term “automobile” includes, but is not limited to, a land motor vehicle, trailer or semi-trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Contracting Party shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer’s liability limits no less than $1,000,000 per accident or disease. Contracting Party shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self- insured retention is increased. In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the 1340-4 same shall not be construed as a limitation of Contracting Party’s obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 2.2 Remedies. In addition to any other remedies City may have if Contracting Party fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contracting Party to stop work under this Agreement and/or withhold any payment(s) which become due to Contracting Party hereunder until Contracting Party demonstrates compliance with the requirements hereof. c. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party's or its subcontractors' performance of work under this Agreement. 2.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party: 1. Contracting Party agrees to have its insurer endorse the third-party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party’s employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 1340-5 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contracting Party shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Contracting Party’s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City. 9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Contracting Party agrees not to self-insure or to use any self- insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contracting Party’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 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 1340-6 change results in substantial additional cost to the Contracting Party, the City will negotiate additional compensation proportional to the increased benefit to City. 12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 13. Contracting Party acknowledges and agrees that any actual or alleged failure on the part of City to inform Contracting Party of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 14. Contracting Party will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting Party’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 16. The provisions of any workers’ compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents. 17. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 18. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. 19. The requirements in this Exhibit supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 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 1340-7 required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 21. Contracting Party agrees to provide immediate notice to City of any claim or loss against Contracting Party arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 3.0 Change in Terms The Contractor shall provide immediate written notice to the City of any change in terms and conditions and/or reduction in the coverage of any nature to the insurance policies. The notice shall be sent to: Frank J. Spevacek, City Manager City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 General Conditions 1400-1 SECTION 1400 GENERAL CONDITIONS 1.0 GENERAL 1.1 Intent of Contract Documents Where the Plans or Specifications describe portions of the Work in general terms but not in complete detail, it is understood that only the best general practice is to prevail and that only materials and workmanship of the first quality are to be used. Unless otherwise specified, the Contractor shall furnish tools, equipment, and incidentals, and do all the work involved in executing the Contract in a satisfactory and workmanl ike manner. Unless specifically noted otherwise, all sections of the Specifications and the Plans shall be complimentary and applicable to each other. In the event the materials and/or equipment are to be furnished by the City, as designated in the Specific Project Requirements or as agreed on, this shall not relieve the Contractor of the above requirements to furnish all other labor, materials, and equipment to complete the Contract. Words and abbreviations which have well known technical or trade meaning are used in the Contract Documents in accordance with such recognized meanings. 1.2 Discrepancies and Omissions Any discrepancies or omissions found in the Contract Documents shall be immediately reported to the Public Works Manager who will clarify discrepancies or omissions, in writing, within a reasonable time. In resolving inconsistencies among two or more sections of the Contract Documents, precedence shall be given in the following order: 1. Contract a. Agreement b. Permits c. Change Orders 2. Instruction to Proposers 3. Permits issued by other agencies 4. Specific Project Requirements 5. General Project Requirements 6. Supplementary Conditions 7. General Conditions 8. Technical Specifications 9. Standard Specifications 10. Reference Specifications 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 proposal or proposals, colluded with any other party or parties, then the Contract shall be null and void, and the Contractor and its sureties shall be liable for loss or damage which the City may suffer thereby, and the City may advertise for new proposals for said Work. 1.5 Successors and Assigns The City and the Contractor, respectively, bind themselves, their partners, successors, assigns, and legal representatives to the other party hereto and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants, contracts, agreements, and obligation contained in the Contract Documents. Neither party to the Contract shall assign the Contract or sublet it as a whole without the written consent of the other. 1.6 Assignment to City Pursuant to Public Contract Code 4551, in entering into the Contract and all subcontracts, to supply goods, services, or materials pursuant to the Contract, the Contractor and its subcontractors offer and agree to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the Contract and subcontracts. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgment by the parties. 1.7 Rights and Remedies The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to, and not a limitation of, any duties, obligations, rights, and remedies otherwise imposed or available by law. No action or failure to act by the City and its representatives or the consultants, shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 1.8 Definitions Unless otherwise stated, the words directed, required, permitted, ordered, instructed, designated, applicable, appropriate, sufficient, proper, desirable, necessary, prescribed, General Conditions 1400-3 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 proposal which modify or interpret the Contract Documents, drawings, and specifications, by additions, deletions, clarifications, or corrections. Proposal - The offer or proposal of the Proposer submitted on the prescribed form setting forth the price for the work to be performed. Bond(s) -Performance, or Payment Bonds and other instruments of surety, furnished by the Contractor and Contractor's surety in accordance with the Contract Documents. Proposer - Any properly licensed and qualified individual, firm, partnership, corporation, joint venture, or combination thereof, submitting a proposal for the work contemplated, acting directly or through a duly authorized representative. Calendar Day - Any day including legal holidays, Saturdays and Sundays. City - The City of La Quinta, a Municipal Corporation in the State of California. City Representative - The person designated in writing by the City to act as its agent on specified matters relating to this Contract. The City's Representative is an individual who has been designated to represent the City. Contract - The written document covering the performance of the Work as more fully described in, but not limited to, the plans, standard specifications, special and technical provisions, Contract bonds, proposal, addenda, and Contract Change Orders. General Conditions 1400-4 Contract Change Order - A written order to the Contractor, covering changes in the services or quantities, or both, and establishing the basis of payment and time adjustments for the work affected by the changes. Also referred to as a Change Order. Contract Documents - The words "Contract Documents" shall mean any or all of, but not limited to, the following items, as applicable: Request for Qualifications/Proposal Instructions to Proposers Contract Documents Designation of Subcontractors Contract Acknowledgments Performance Bond Payment Bond General Conditions Supplementary General Conditions General Project Requirements Specific Project Requirements Standard Specifications State Standard Specifications Addenda, if any Executed Change Orders, if any Notice of Award Notice to Proceed Permits from other agencies Each of these items is to be considered by reference as part of the Contract Documents, also referred to as Contract. Contract Price - The amount payable to the Contractor under the terms and conditions of the Contract based on the price given on the proposal schedule, with adjustments made in accordance with the Contract. The base amount given in the proposal schedule shall be either a proposed lump sum or the summation of the unit price proposals multiplied by the estimated quantities set forth in the proposal form. Also referred to as Contract Amount or Contract Sum. Contract Time – One fiscal year with options for extensions. Contract Completion Date – June 30, 2020. Contractor - The person or persons, firms, partnership, corporation, or combination thereof, who have entered with the City, as party or parties of the second part of his or their legal representatives. Contractor's Equipment - Equipment, material, supplies, and all other items, except labor, brought onto the site by the Contractor to carry out the Work, but not to be incorporated in the Work. Consultant - Individuals and/or companies retained by the City to provide specific professional services. General Conditions 1400-5 Day(s) - Calendar Day(s), unless contract time is indicated in working days. Direct - Action of the Public Works Manager by which the Contractor is ordered to perform or refrain from performing work under the Contract. Furnish - To deliver to the job site or other specified location any item, equipment, or material. General Conditions - Part of the Contract Documents representing the general clauses that establishes how the project is to be administered. Herein - Refers to information presented in the Project Specifications. Holidays - Legal holidays designated by the City or specifically identified in the Contract. Install - Placing, erecting, or constructing any item, equipment, or material. Liquidated Damages - A fixed amount to be paid to the City or to be deducted from any payments due, or to become due, to the Contractor as a result of the Contractor not completing the work in the time allowed in the specifications. Notice of Award - A written notice by the City to the Contractor informing him that the Contract has been awarded to him. Notice to Proceed - The written notice by the City to the Contractor authorizing him to proceed with the Work and establishing the date of commencement of the Work. Paragraph - For references or citation purposes, refers to the paragraph(s) in these Specifications, called out by paragraph number and alphanumeric designator. Person - Includes firms, companies, corporations, partnerships, and joint ventures. Project - The undertaking to be performed under the provisions of the Contract. Project Manual - Those Contract Documents which are bound into one or more volumes prior to submitting a proposal. Provide - Furnish and install, complete in place. Shall - Refers to actions by either the Contractor or the City and means the Contractor or City has entered into a covenant with the other party to do or perform the action. Site - The property as described where work is performed. Specific Project Requirements - Part of the Contract Documents establishing specific conditions or requirements peculiar to the work. General Conditions 1400-6 Specifications - That part of the Contract Documents consisting of the General Conditions, Supplementary General Conditions, General Project Requirements, Specific Project Requirements, applicable portions of the Standard Specifications and State Standard Specifications, and Technical Specifications. Specify - Refers to information described, shown, noted or presented in any manner in any part of the Contract. Subcontractor - A subcontractor is a person or entity who has a direct contract with the Contractor to perform any of the Work at the Site. The term subcontractor means a subcontractor or subcontractor's authorized representative. The term subcontractor does not include any separate contractor or any separate contractor's subcontractors. Submittals - The information which is specified for submission to the Golf, Parks, & Facilities Manager in accordance with the Project Specifications. Sub-subcontractor - A sub-subcontractor is a person or entity who has a direct or indirect contract with a subcontractor to perform any of the Work at the Site. The term sub-subcontractor means a sub-subcontractor or an authorized representative thereof. Supplier - Any person, firm, corporation, or organization who supplies materials or equipment for the Work, including that fabricated to a special design, and may also be a Subcontractor or a Sub-subcontractor. Surety - The person, firm, corporation, or organization that joins with the Contractor in assuming the liability for the faithful performance of the Work and for the payme nt 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 on which the Contractor may proceed with regular work on the current controlling operation as determined by the Public Works Manager toward the meeting of contract requirements. 2.0 ADMINISTRATION 2.1 Administration of the Contract The Public Works Manager will provide administration of the Contract as hereinafter discussed. The duties, responsibilities and limitations of authority of City retained consultants and the Public Works Manager during the contract, as set forth in the Contract Documents, will not be modified or extended without written consent of the City. General Conditions 1400-7 2.2 Public Works Manager 2.2.1 General - The Public Works Manager has the authority to act on behalf of the City on change orders, progress payments, Contract decisions, acceptability of the Contractor's work, and early possession. 2.2.2 Change Orders - The Public Works Manager has the authority to accept or reject change orders and cost proposals submitted by the Contractor or as recommended by the Public Works Manager within signing authority. 2.2.3 Progress Payments - The Public Works Manager has the authority to accept or reject requests for progress payments which have been submitted by the Contractor. 2.2.4 Contract Decisions - Should the Contractor disagree with decisions rendered under this Contract, the Contractor may appeal to the Public Works Manager in accordance with the provisions of the Contract. 2.2.5 Acceptability of Work - The Public Works Manager has the authority to make the final determination of the acceptability of the Work. 2.2.6 Contract Schedule - The Public Works Manager has the authority to review and recommend acceptance of the progress schedule submitted by the Contractor at the start of the Work and subsequent significant revisions for conformance to the specified sequence of work and logic. 2.2.7 Inspection - The Public Works Manager will observe the progress, quality, and quantity of the Work to determine, in general, if the Work is proceeding in accordance with the intent of the Contract Documents. The Public Works Manager shall not be responsible for 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 Public Works Manager will make decisions relative to all matters of interpretation or execution of the Contract Documents. 2.3 Consultants Assigned by City 2.3.1 General - Consultants will have the authority to act on behalf of the City only to the extent provided in the Supplemental General Conditions. 3.0 City 3.1 General The City, acting through the Public Works Manager, 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. General Conditions 1400-8 3.2 Attention to Work The City shall notify the Contractor in writing of the name of individuals designated as representatives of the Public Works Manager. The representative will normally be at the Site of the Work. During the representative's absences, the Contractor may contact the Public Works Manager or a previously designated representative. 3.3 Inspection The City’s Public Works Manager will observe the Work and act in matters of inspection under this Contract. The Public Works Manager will call the attention of the Contractor to any failure of the Work or materials to conform to the Contract Documents. The Public Works Manager shall have the authority to reject material or, in any emergency, suspend the Work. Separate and independent from the inspection above, the project may be inspected by code compliance. Such inspectors shall have the authority provided to them by local jurisdiction. 3.4 City's Right to Carry Out the Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents, and fails within seven (7) days after receipt of written notice from the City to commence and continue correction of such default or neglect with diligence and promptness, the City may, after seven (7) days following receipt by the Contractor of an additional written notice and without prejudice to any other remedy make good such deficiencies. The City also reserves the right to perform any portion of the work due to an emergency threatening the safety of the Work, public, City, and any property or equipment. 3.5 City's Right to Perform Work and to Award Separate Contracts The City reserves the right to perform the work related to the Project with the City's own forces, and to award separate Contracts in connection with other portions of the Project or other work on the Site under these or similar Conditions of the Contract. If the Contractor claims that delay, damage, or additional cost is involved because of such action by the City, the Contractor shall make such claim as provided elsewhere in the Contract Documents. 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. General Conditions 1400-9 4.0 CONTRACTOR 4.1 Office The Contractor's address stated in the Proposal is hereby designated as the legal address of the Contractor for the receipt of documents, samples, notices, letters, and other Articles of communication. 4.2 Contractor's Representative The Contractor shall notify the City in writing of the name of the person who will act as the Contractor's representative and shall have the authority to act in matters relating to this 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 Public Works Manager addresses and telephone numbers where the Contractor's and all subcontractors' representatives can be reached during all hours, including nights and weekends when work is not in progress. 4.3 Project Procedures The Contractor will supervise and direct the work. The Contractor has the authority to determine the means, methods, techniques, sequences, and procedures of construction, except in those instances where the City, to define the quality of an item of work, specifies in the Contract, a means, method, technique, sequence, or procedure for construction of that item of Work. 4.4 Contractor's Employees The Contractor shall be responsible for the adequacy, efficiency, and sufficiency of its employees. Workers shall have sufficient knowledge, skill, and experience to perform properly the work assigned to them. The Contractor shall employ only competent, skillful workers to perform the Work. If any subcontractor or person employed by the Contractor or its subcontractors, appear to the Golf, Parks, & Facilities Manager to be incompetent or act in a disorderly or improper manner, such person or subcontractor shall be discharged from the site immediately by the Contractor upon written direction of the Public Works Manager, and such person shall not again be employed on the Project. General Conditions 1400-10 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 an d 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 r elation between any subcontractor and the City. References in the Contract Document to actions required of subcontractors, manufacturers, suppliers, or any party other than the Contractor, the City, the Public Works Manager, its consultants shall be interpreted as requiring that the Contractor shall require such subcontractor, manufacturer, supplier, utility company, or party to perform the specified action, unless the Contract Documents specifically state that the Work is not included in the Contract. The Contractor shall not employ any subcontractors that are not properly licensed in accordance with State law. Prior to commencement of any work by a subcontractor, the Contractor shall submit verification to the Public Works Manager that the subcontractor is properly licensed for the work it will perform. Changes to subcontractors listed in the Proposal in accordance with Public Contract Code 4100 et. seq., shall be made only with the approval of the City. 4.6 Contractor's Equipment and Facilities The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws. 4.7 Public Safety and Convenience The Contractor shall conduct its work so as to insure the least possible obstruction to traffic and inconvenience to the general public and the residents in the vicinity of the Work and to insure the protection of persons and property at no extra cost to the City. 4.8 City-Contractor Coordination 4.8.1 Service of Notice - Notice, order, direction, request, or other communication given by the City or the Public Works Manager to the Contractor shall be deemed to be well and sufficiently given to the Contractor if delivered to the Contractor's Representative designated in Paragraph 1400-4.2, Contractor's Representative, to the Contractor's office designated in Paragraph 1400-4.1, Office, or to the Contractor's address provided in the Proposal. 4.8.2 Suggestions to Contractor - Plans or methods of work suggested by the City, Public Works Manager or authorized representatives to the Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor. The City, Public Works Manager, or authorized representatives assume no responsibility General Conditions 1400-11 therefor, and in no way will be held liable for any defects in the Work which may result from or be caused by use of such plan or method of work. 4.8.3 Cooperation - The Contractor shall afford the City, the Public Works Manager 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 Public Works Manager 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 wit h other contractors performing work on behalf of the City to plan coordination of activities. The City shall keep the Contractor informed of the planned activities of other contractors. Any costs caused by defective or ill-timed work shall be borne by the responsible party. Differences and conflicts arising between the Contractor and other contractors employed by the City or between the Contractor and the workers of the City with regard to their work, shall be submitted to the City for its decision in the matter. If such separate contractor sues the City on account of any delay or damage alleged to have been caused by the Contractor, the City shall notify the Contractor who shall, at the City's election, defend such proceedings at the Contractor's expense. If any judgement or award against the City arises from any such litigation whether defended by City or by Contractor, the Contractor shall pay or satisfy said judgement or award and shall reimburse the City for all attorney's fees and court costs which the City has incurred or for which it is liable. 4.9 Permits Unless specifically stated to be provided by the City, Contractor shall apply for, obtain, and comply with all the terms, conditions and requirements attached to all permits, bonds and licenses required by local, state, or federal agencies to perform work, construct, erect, test and start up of any equipment or facility for this Contract. Where operating permits are required, the Contractor shall apply for and obtain such operating permits in the name of the City and provide the permit in an appropriate frame or fileholder when the City accepts substantial completion of the equipment or facility. The Contractor shall give all notices necessary or incidental to the due and lawful prosecution of the work. General Conditions 1400-12 Any permits, bonds, licenses and fees therefore required for the performance of work under this Contract and not specifically mentioned herein as having been obtained and paid by the City shall be included in the Contractor's proposal price. 4.10 Contractor's Responsibility for the Work and Materials The Contractor shall have the charge and care of the Work and of the materials to be used therein and shall bear the risk of injury, loss, or damage, to any part thereof 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 materia ls occasioned by any cause and shall bear the expense thereof, except for such injuries, losses, or damages as are directly and approximately caused by acts of the City. 4.11 Laws to be Observed The Contractor shall keep himself fully informed of all existing and future County, State, and National laws and regulations and all municipal ordinances and regulations of the City which in any manner affect those engaged or employed in the Work and of all such orders and decrees of bodies having any jurisdiction or authority over the same; and shall protect and indemnify the City and all of its officers, agents, and servants against any claim or liability arising from or based on the violation of any such laws, ordinances, regulations, orders, or decrees whether by himself or its employees. If any discrepancy or inconsistency is discovered, the Contractor shall immediately report the same to the Public Works Manager in writing. 4.11.1 Prevailing Wage - In accordance with Section 1770 of the Labor Code, the City has ascertained and does hereby specify that the prevailing wage rates shall be those provided in Article 1110-20.0, WAGE RATES. The said rates shall include all employer payments that are required by Section 1773.1 of the Labor Code. The City will furnish to the Contractor, upon request, a copy of such prevailing rates. It shall be the duty of the Contractor to post a copy of such prevailing wages at the job site. For each worker paid less than the stipulated rate in the execution of the Contract by the Contractor, or any subcontractor under him, in violation of the provisions of the Labor Code, and in particular, Section 1770 to Section 1780, inclusive, the Contractor shall be subject to the provisions and penalties of Section 1775 of the Labor Code. In addition to said penalty, and pursuant to said Section 1775, the difference between such stipulated prevailing wage rates and the amounts paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the stipulated prevailing rate shall be paid to each worker by the Contractor. The wage rates set forth are the minimum that may be paid by the Contractor. Nothing herein contained shall be construed as preventing the Contractor from paying more than the minimum set forth. No extra compensation whatever shall be allowed by the City due to the inability of the Contractor to hire labor at the minimum rate nor for any necessity for payment by the Contractor for subsistence, travel time, overtime, or other added General Conditions 1400-13 compensation, all of which possibilities are elements to be considered and ascertained to the Contractor's own satisfaction in preparing the proposal. If it becomes necessary to employ a craft other than those listed, the Contractor shall notify the City immediately and the City will determine the additional prevailing rate from the Director of the Department of Industrial Relations and the rate thus determined shall be applicable as a minimum at the time of initial employment. The Contractor shall pay travel and subsistence payments to workers needed to execute the work as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed with the Department of Industrial Relations pursuant to Labor Code Section 1773.8. 4.11.2 Certified Payrolls - In accordance with Section 1776 of the Labor Code, each Contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time, and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the project. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis: a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request. b. A certified copy of all payroll records shall be made available for inspection or furnished upon request to a representative of the City, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations. c. A certified copy of all payroll records shall be made available upon request by the public in accordance with Section 1776 of the Labor Code. The Contractor is responsible for its and its subcontractor’s compliance with the provisions of Section 1776 of the Labor Code. 4.11.3 Overtime Requirements - The Contractor shall forfeit, as a penalty to the City, the penalty as provided in Section 1813 of the Labor Code for each worker employed in the execution of the Contract by the Contractor, or any subcontractor under the Contractor, for each day during which such worker is required or permitted to work more than eight (8) hours in any one day and forty (40) hours in any one week, in violation of the provisions of the Labor Code, and in particular, Section 1810 to Section 1815 thereof, inclusive, except that work performed by employees of Contractors in excess of eight (8) hours a day and forty (40) hours during one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day, at not less than one and a half (1½) times the basic rate of pay as provided for in Section 1815 of the Labor Code. General Conditions 1400-14 4.11.4 Apprentice and Trainee - Attention is directed to the provisions in Section 1777.5 of the Labor Code and in accordance with the regulations of the California Apprenticeship Council concerning the employment of apprentices by the Contractor or any subcontractor under the Contractor. Section 1777.5 requires the Contractor or subcontractors employing tradespersons in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the project and which administers the apprenticeship program in that trade for a certificate of approval. The Contractor and subcontractors are required to submit contract award information to the applicable joint apprenticeship committee. As provided for in Section 1777.5 of the Labor Code, the Contractor is required to make contributions to funds established for the administration of apprenticeship programs. It shall be the responsibility of the Contractor to abide by the provisions of Section 1777.5 (except 1777.5(b)) of the Labor Code and to require all subcontractors employed by or contracting with the Contractor to abide by said provisions. The Contractor shall furnish the City any and all evidence of compliance with this code section when requested by the City. For failure to comply with Section 1777.5 (except 1777.5(b)) of the Labor Code, the Contractor shall be subject to the penalties in Section 1777.7 of the L abor Code. 4.11.5 Workers' Compensation Insurance - The Contractor is required to secure the payment of compensation to its employees in accordance with the provisions of Sections 1860 and 3700 of the Labor Code and Paragraph 1340-2.4 Workers' Compensation Insurance 4.12 Safety The Contractor shall be solely and completely responsible for conditions of the project site, including safety of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. Safety provisions shall conform to U.S. Department of Labor (OSHA), the California Occupational Safety and Health Act, and all other applicable Federal, State, County, and local laws, ordinances, codes, the requirements set forth below, and any regulations that may be detailed in other parts of these Documents. Where any of these are in conflict, the more stringent requirement shall be followed. The Work shall include all necessary permanent safety devices, such as machinery guards and similar ordinary safety items, required by the State and Federal (OSHA) industrial authorities and applicable local and national codes. Further, any features of the Work, including City-selected equipment, subject to such safety regulations shall be fabricated, furnished, and installed in compliance with these requirements. All equipment furnished shall be grounded and provided with guards and protectio n as required by safety codes. Contractors and manufacturers of equipment shall be held responsible for compliance with the requirements included herein. The Contractor shall notify all equipment suppliers and subcontractors of the provisions of this paragraph. General Conditions 1400-15 Before proceeding with any work, the Contractor shall take the necessary action to comply with all provisions for safety and accident prevention. The Contractor shall develop and maintain for the duration of this Contract, a safety program that will effectively incorporate and implement all required safety provisions. The Contractor shall appoint an employee as safety supervisor who is qualified and authorized to supervise and enforce compliance with the safety program. The Contractor, as a part of his safety program, shall maintain at his office or other well-known place at the Site, safety equipment applicable to the Work as prescribed by the aforementioned authorities, all items necessary for giving first aid to the injured, and shall establish the procedure for the immediate removal to a hospital or a doctor's care of persons who may be injured on the job site. If death or serious injuries or serious damages are caused, the accident shall be reported immediately by telephone or messenger to the City. In addition, the Contractor must promptly report in writing to the Public Works Manager all accidents whatsoever arising out of, or in connection with, the performance of the Work whether on, or adjacent to, the Site, giving full details and statements of witnesses. The Contractor shall make all reports as are, or may be, required by any authority having jurisdiction, and permit all safety inspections of the work being performed under this Contract. If a claim is made by anyone against the Contractor or any subcontractor on account of any accident, the Contractor shall promptly report the facts in writing to the Public Works Manager, giving full details of the claim. 5.0 CONTROL OF WORK AND MATERIALS 5.1 Means and Methods It is expressly stipulated that the drawings, specifications and other Contract Documents set forth the requirements as to the nature of the completed Work and do not purport to control the method of performing work except in those instances where the nature of the completed Work is dependent on the method of performance. Except as provided elsewhere in the Contract Documents, neither the City, its consultants, nor the Public Works Manager will be responsible for or have control or charge of construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work. Except as provided elsewhere in the Contract Documents, neither the City, its consultants, nor the Public Works Manager will be responsible for or have control or charge over the acts or omissions of the Contractor, or any of their subcontractors, a gents 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 da mages to persons and/or to public or private property arising from the Contractor's execution of the Work shall not be lessened because of such general control. Neither the inspection by the City, its consultants, or the Public Works Manager, nor any order, measurement, approved modification, or payment of monies, nor acceptance of any part or whole of the Work by the City, the Public Works Manager or the consultant, or their agents, shall operate as a waiver of any provision of the Contract. General Conditions 1400-16 5.2 City-Furnished Materials Materials, if furnished by the City, will be made available as designated in the Specific Project Requirements. The cost of loading, unloading, hauling and handling, and placing City-furnished materials shall be considered as included in the proposal price for the Contract item involving such City-furnished material. Contractor shall inspect and assure himself of the amount and soundness of such materials. The Contractor will be held responsible for all materials furnished to it, and sh all pay all demurrage and storage charges. City-furnished materials lost or damaged from any cause whatsoever shall be replaced by the Contractor. The Contractor will be liable to the City for the cost of replacing City-furnished material and such costs may be deducted from any monies due or to become due the Contractor. 5.3 Defective and Unauthorized Work Materials and workmanship not conforming to the requirements of the Contract Documents shall be considered defective and will be subject to rejection . Defective work or material, whether in place or not, shall be removed immediately from the Site by the Contractor, at its expense, when so directed by the Public Works Manager. Any work done beyond the limits of work, or established by the Public Works Manager, or any extra work done without written authority, will be considered as unauthorized and will not be paid for. Upon failure on the part of the Contractor to comply with any order of the Public Works Manager made under the provisions of this section, the Public Works Manager 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 an d compliance requirements stipulated in Paragraph 1400-3.4, City's Right to Carry Out the Work, shall apply for this paragraph also. 5.4 Unnoticed Defects Any defective work or material that may be discovered by the City, its consultants, or the Public Works Manager during the contract period shall be removed and replaced by work and materials which shall conform to the provisions of the Contract Documents. Failure on the part of the City, its consultants, or the Public Works Manager 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 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 1400-17 6.0 PROGRESS OF THE WORK 6.1 Beginning of Work The Contractor shall begin work within ten (10) days after receiving Notice to Proceed and shall diligently prosecute the same to completion within the time limit. Should the Contractor begin work in advance of receiving Notice to Proceed, any work performed in advance of the said date of approval shall be considered as having been done by the Contractor at its own risk and as a volunteer. 6.2 Time of Completion Each day (Monday-Sunday) the contractor will have specific duties to be completed for the week. It is expressly understood and agreed by and between the Contractor and the City that the Contract time for the work described herein is a reasonable time taking into consideration the average climatic and economic conditions and other factors prevailing in the locality and the nature of the work. 6.3 Delays 6.3.1 Notice of Delays - When the Contractor foresees a delay in the prosecution of the Work and, in any event, immediately upon the occurrence of a delay, the Contractor shall notify the Public Works Manager in writing of the probability of the occurrence and the estimated extent of the delay, and its cause. The Contractor shall take immediate steps to prevent, if possible the occurrence or continuance of the delay. The Contractor agrees that no claim shall be made for delays which are not called to the attention of the Public Works Manager at the time of their occurrence. 6.3.2 Avoidable Delays - Avoidable delays in the prosecution of the Work shall include delays which could have been avoided by the exercise of care, prudence, foresight, and diligence on the part of the Contractor or its subcontractors, at any tier level, or suppliers. 6.3.3 Unavoidable Delays - Unavoidable delays in the prosecution of the Work shall include delays which result from causes beyond the control of the Contractor and which could not have been avoided by the exercise of care, prudence, foresight, and diligence on the part of the Contractor or his subcontractors, at any tier level, or suppliers. Delays in the Work of other Contractors employed by the City will be considered unavoidable delays insofar as they interfere with the Contractor's completion of the current critical activity item of the Work. 6.3.3.1 Abnormal Delays - Delays caused by acts of god, fire, unusual storms, floods, tidal waves, earthquakes, strikes, labor disputes, freight embargoes, and shortages of materials shall be considered as unavoidable delays insofar as they prevent the Contractor from 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. General Conditions 1400-18 6.3.3.2 Material Shortages - Upon the submission of satisfactory proof to the Public Works Manager by the Contractor, shortages of material will be acceptable as grounds for granting extensions. In order that such proof may be satisfactory and acceptable to the Public Works Manager, it must be demonstrated by the Contractor that the Contractor has made every effort to obtain such materials from all known sources within reasonable reach of the proposed Work. Only the physical shortage of material, caused by unusual circumstances, will be considered under these provisions as a cause for extension of time, and no consideration will be given to any claim that material could not be obtained at a reasonable, practical, or economical cost or price, unless it is shown to the satisfaction of the Public Works Manager that such material could have been obtained only at exorbitant prices entirely out of line with current rates, taking into account the quantities involved and usual practices in obtaining such quantities. A time extension for shortage of material will not be considered for material ordered or delivered late or whose availability is affected by virtue of the mishandling of procurement. The above provisions apply equally to equipment to be installed in the work. 6.4 Temporary Suspension of Work 6.4.1 If the Contractor fails to correct defective work as required by Paragraph 1400- 5.3, Defective and Unauthorized Work, or fails to carry out the Work in accordance with the Contract Documents or any other applicable rules and regulations, the City, by a written order of the Public Works Manager or a representative specifically empowered to do so, may order the Contractor to stop the work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the City to stop the Work shall not give rise to any duty on the part of the City to exercise this right for the benefit of the Contractor or any other person or entity. All delays in the Work occasioned by such stoppage shall not relieve the Contractor of any duty to perform. Any and all necessary corrective work done in order to comply with the Contract Documents shall be performed at no cost to the City. 6.5 Termination of Contract If at any time the Contractor is determined to be in material breach of the Contract, notice thereof in writing will be served upon the Contractor and its sureties, and should the Contractor neglect or refuse to provide means for a satisfactory compliance with the Contract, as directed by the Public Works Manager, within the time specified in such notice, the City shall have the authority to terminate the operation of the Contract with a ten-day written notice per Section2000, 9.0, Termination. Upon such termination, the Contractor shall discontinue the Work, or such parts of it as the City may designate. Upon such termination, the Contractor's control shall terminate and thereupon the City or its fully authorized representativ e 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, applia nces, 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 General Conditions 1400-19 completion, employ the necessary workers, substitute other machinery or materials and purchase the materials contracted for, in such manner as the City may deem proper; or the City may annul and cancel the Contract and relet the Work or any part thereof. Any excess of cost arising there from over and above the Contract price will be charged against the Contractor and its sureties, who will be liable therefore. In the event of such termination, all monies due the Contractor or retained under the terms of this Contract shall be held by the City in an escrow account; however, such holdings will not release the Contractor or its sureties from liability for failure to fulfill the Contract. Any excess cost over and above the Contract Amount incurred by the City arising from the termination of the operations of the Contract and the completion of the Work by the City as above provided shall be paid for by any available funds in the escrow account. The Contractor will be so credited with any surplus remaining after all just claims for such completion have been paid. 7.0 CHANGES IN THE SCOPE OF WORK 7.1 Change Orders and Amendments 7.1.1 Without invalidating the Contract and without notice to sureties or insurers, the City, through the Public Works Manager, may at any time or from time to time, order additions, deletions, or revisions in the Work; these will be authorized by Change Order. The Contractor shall comply promptly with the requirements for all Change Orders. The work involved in Change Orders shall be executed under the applicable conditions and requirements of the Contract Documents. A Contract Change Order may increase or decrease in the Contract Amount or an extension or shortening of the Contract Time. 7.1.2 Extra work shall be that work not shown or detailed in the Contract. Such work shall be governed by all applicable provisions of the Contract Documents. In giving instructions, the Public Works Manager shall have authority to make minor changes in the work, not involving extra cost, and not inconsistent with the purposes of the work; but otherwise, except in an emergency endangering life or property, no extra work or change shall be made unless in pursuance of a written order by the City through the Public Works Manager, 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. 7.2 Differing Site Conditions General Conditions 1400-20 7.3 Resolution of Disputes 7.3.1 Contract Interpretation by the Public Works Manager - Questions regarding the meaning and intent of the Contract Documents shall be referred in writing by the Contractor to the Public Works Manager. The Public Works Manager shall respond to the Contractor in writing with a decision. 7.3.2 Claims - Submission of a claim, properly certified, with all required supporting documentation, and written rejection or denial of all or part of the claim by the City, is a condition precedent to any action, proceeding, litigation, suit or demand for arbitration by the Contractor. 7.3.2.1 Notice - If the Contractor disagrees with the Public Works Manager's decision in Paragraph 1400-7.3.1, Contract Interpretation by the Public Works Manager, or in any case where the Contractor deems additional compensation for work or materials not covered in the Contract or which the Public Works Manager has not recognized as extra work, the Contractor shall notify the Public Works Manager, in writing, of his intention to make claim. Claims pertaining to decisions provided in Paragraph 1400-7.3.1 shall be filed in writing to the Public Works Manager within five (5) days of receipt of such decision. All other claims notices for extra work shall be filed in writing to the Public Works Manager prior to the commencement of such work. Written notice shall use the words "Notice of Potential Claim". Such Notice of Potential Claim shall state the circumstances and the reasons for the claim, but need not state the amount. Additionally, no claim for additional compensation will be considered unless the provisions of Paragraphs 1400 -6.3, Delays, and 6.4, Time Extensions, are complied with. No claim filed after the date of final payment will be considered. It is agreed that unless notice is properly given, the Contractor shall not recover costs incurred by him as a result of the alleged extra work, changed work or other situation which had proper notice been given would have given rise to a right for additional compensation. The Contractor should understand that timely notice of potential claim is of great importance to the City, and is not merely a formality. Such notice allows the City to consider preventative action, to monitor the Contractor's increased costs resulting from the situation, to marshall facts, and to plan its affairs. Such notice by the Contractor, and the fact that the Public Works Manager has kept account of the cost as aforesaid, shall not in any way be construed as proving the validity of the claim. 7.3.2.2 Submission of claim costs - Within 30 days after the last cost of work for which the Contractor contends additional compensation is due, but if costs are incurred over a span of more than 30 days, then within 15 days after the thirtieth day and every month thereafter, the Contractor shall submit to the Public Works Manager the costs incurred for the claimed matter. Claims shall be made in itemized detail satisfactory to the Public Works Manager in content, detail and format of presentation. If the additional costs are in any respect not knowable with certainty, they shall be estimated. If the claim is found to be just, it shall be allowed and paid for as provided in Section 1400-8.0, PROJECT MODIFICATION PROCEDURES. General Conditions 1400-21 7.3.2.3 Affidavit required - All claims submitted to the City shall be accompanied with a type written affidavit containing the following language; it must be signed, dated, and notarized on the Contractor's letterhead: I, (must be an officer) , being the (title) of (contractor's name) , declare under penalty of perjury under the laws of the state of California, and do personally certify and attest that: I have thoroughly reviewed the attached claim for additional compensation and/or extension of time, and know its contents, and said claim is made in good faith; the supporting data is truthful and accurate; the amount requested accurately reflects the contract adjustment for which the contractor believes the City of La Quinta is liable; and further, that I am familiar with California Penal Code Section 72 and California Government Code Section 12560, Et Seq, pertaining to false claims, and further know and understand that submission or certification of a false claim may lead to fines, imprisonment and/or other severe legal consequences. 7.3.2.4 Claim meetings - From time to time the Public Works Manager may call special meetings to discuss outstanding claims. The Contractor shall cooperate and attend, prepared to discuss outstanding claims, making available the personnel necessary for claim resolution, and providing documents reasonably requested by the Public Works Manager. 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 Golf, Parks, & Facilities Manager shall respond in writing to written claims within 45 days of receipt of the claim in Paragraph 1400-7.3.2, Claims, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. b. If additional information is thereafter required, it shall be requested and provided pursuant to this section, upon mutual agreement of the City and the Contractor. c. The Public Works Manager'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 1400-22 7.3.3.2 Claims Greater Than $50,000 a. For claims of over fifty thousand dollars ($50,000), the Public Works Manager 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 Public Works Manager’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater. 7.3.3.3 Claim Conference - If the Contractor disputes the Public Works Manager’s written response, or if the Public Works Manager fails to respond within the time prescribed, the Contractor may so notif y the City, in writing, either within 15 days of receipt of the Public Works Manager’s response or within 15 days of the Public Works Manager’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the City shall schedule a meet and conference within 30 days for settlement of the dispute. 7.3.3.4 Claim Filing - If the claim or any portion remains in dispute after the claim conference noted in Paragraph 1400-7.3.3.4, Claim Conference, the Contractor may file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to Paragraph 1400-7.3.2, Claims, until the time the claim is denied, including any period of time utilized in the meet and confer process. 7.3.3.5 Civil Actions For Claims Less Than $375,000 - The following procedures are established for all civil actions filed to resolve claims for less than three hundred seventy five thousand dollars ($375,000): a. Within 60 days, but no earlier than 30 days, following the filing or responsive pleading, the court shall submit the matter to non -binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court. General Conditions 1400-23 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 rule s 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 appealin g an arbitration award who does not obtain a more favorable judgement shall, in addition to payment of costs and fees under the chapter, also pay the attorney's fees on appeal of the other party. 7.3.3.6 Unresolved Issues - Unless this Contract provides otherwise, all claims, counterclaims, disputes, and other matters in question between the City and the Contractor that are not resolved between the City and the Contractor and are not governed by Public Contract Code 20104 shall be decided by a court of competent jurisdiction. Arbitration shall not be used for resolution of these disputes. Should either party to this Contract bring legal action against the other, the case shall be handled in the California county where the work is being performed. 7.3.4 Records of Disputed Work - In proceeding with a disputed portion of the Work, the Contractor shall keep accurate records of its costs and shall make available, to the City Engineer, a daily summary of the hours and classification of equipment and labor utilized on the disputed work, as well as a summary of any materials or any specialized services which are used. Such information shall be submitted to the Public Works Manager on a monthly basis, receipt of which shall not be construed as an authorization for or acceptance of the disputed work. 8.0 PROJECT MODIFICATION PROCEDURES 8.1 Changes in Contract Price Whenever corrections, alterations, or modifications of the work under this Contract are ordered by the Public Works Manager and approved by the City and increase the amount of work to be done, such added work shall be known as extra work; and when such corrections, alterations, or modifications decrease the amount of work to be done, such subtracted work shall be known as work omitted. The difference in cost of the work affected by such change will be added to or deducted from the amount of said Contract price, as the case may be, by a fair and reasonable valuation, which shall be determined in one or more of the following ways as directed by the Public Works Manager: a. By unit prices subsequently fixed by agreement between the parties; b. By an acceptable lump sum proposal from the Contractor; or General Conditions 1400-24 c. By Force Account (as described in Paragraph 1400 -8.3, Force Account Payment), when directed in writing and administered by the City through its agents. When required by the Public Works Manager, the Contractor shall submit, in the form prescribed by the Public Works Manager, an itemized breakdown with supporting data of the quantities and prices used in computing the value of any change that may be ordered. The Public Works Manager will review the Contractor's proposal for the change and negotiate an equitable adjustment with the Contractor. After there is an agreement the Public Works Manager 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 ackn owledges that the adjustments to cost and time contained in the Change Order are in full satisfaction and accord, payment in full, and so waives any right to claim further cost and time impacts at any time during and after completion of the Contract for the changes encompassed by the Change Order. 8.2 Negotiated Change Orders Under the methods described in Paragraph 1400-8.1b and 8.1c above, the Contractor shall submit substantiating documentation with an itemized breakdown of Contractor and subcontractor direct costs, including labor, material, equipment rentals, and approved services, pertaining to such ordered work in the form and detail acceptable to the Public Works Manager. The direct costs shall include only the payroll cost for workers and foremen, including wages, fringe benefits as established by negotiated labor agreements or state prevailing wages, workers' compensation and labor insurance, and labor taxes as established by law. No other fixed labor burdens will be considered, unless approved in writing by the Public Works Manager; the cost of materials used and equipment delivered and installed in such work as substantiated by appropriate documents; the cost of construction machinery and equipment based on fair rental or ownership values acceptable to the Public Works Manager 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 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: General Conditions 1400-25 a. For work by its own organization, the Contractor may add the following percentages: • Direct Labor 25 percent • Materials 15 percent • Equipment (owned or rented) 15 percent b. For all such work done by subcontractors, such subcontractor may add the same percentages as the Contractor as listed in (1) above to its actual net increase in costs for combined overhead and profit and the Contractor may add up to ten (10) percent of the subcontractor's total for its combined overhead and profit. c. For all such work done by subtier-subcontractors, such sub-subcontractors may add the same percentages as the Contractor as listed in (1) above to its actual net increase in costs for combined overhead and profit and the subcontractor may add up to ten (10) percent of the sub -subcontractor's total for his combined overhead and profit. The Contractor may add up to five (5) percent of the subcontractor's total for its combined overhead and profit. d. To the total of the actual costs and fees allowed hereinunder, not more than two (2) percent shall be added for additional bond and insurance other than labor insurance. The above fees represent the maximum limits which will be allowed, and they include the Contractor's and all subcontractors' indirect home office expenses and all costs for cost proposal preparation. When both additions and credits are involved in any one change, the combin ed 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 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. General Conditions 1400-26 b. Material delivered and used on the designated work, including sales tax, if paid for by the Contractor or its subcontractor. c. Equipment rental, including necessary transportation for items having a value in excess of One Thousand Dollars ($1,000.00). d. Additional bond. e. Additional insurance, other than labor insurance. To the preceding costs, there shall be added the following fees for the Contractor, subcontractor, or sub-subcontractor actually performing the work: • A fixed fee not to exceed fifteen (15) percent of the costs of Items a, b, and c above. • To the total of the actual costs and fees allowed hereunder, not more than two (2) percent shall be added for additional bond and insurance as the cost of Items d and e above. For work performed by an approved subcontractor, the Contractor may add to the total of the actual costs and fixed fees allowed under the preceding paragraph an additional fixed fee of five (5) percent of said total. No further compensation will be allowed for the Contractor's administration of the work performed by the subcontractor. For work performed by a subtier-subcontractor, the subcontractor may add to the total of the actual costs and fixed fees allowed under the preceding paragraph an additional fixed fee of five (5) percent of said total. No further compensation will be allowed for the subcontractor's administration of the work performed by the subtier-subcontractor. The Contractor may add to the total of the actual costs and fixed fees allowed under this paragraph an additional fixed fee of five (5) percent of said total. No further compensation will be allowed for the Contractor's administration of the work performed by the subcontractor. 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 General Conditions 1400-27 allowances will be made for those items, unless specific agreement to that effect is made. For Contractor owned equipment, the rental r ate shall be as listed for such equipment in the California Department of Transportation publication entitled "Labor Surcharge and Equipment Rental Rates", which is in effect on the date the work is accomplished. When equipment is not listed in said publication, a suitable rental rate for such equipment will be established by the Public Works Manager. Prior to the commencement of force account work, the Contractor shall notify Public Works Manager of its intent to begin work. Labor, equipment and materials furnished on force account work shall be recorded daily by the Contractor upon report sheets furnished by the Public Works Manager to the Contractor. The reports, if found to be correct, shall be signed by both the Contractor and Public Works Manager and a copy of which shall be furnished to the Public Works Manager no later than the working day following the performance of said work. The daily report sheet shall thereafter be considered the true record of force account work provided. The Contractor shall maintain its records in such a manner as to provide a clear distinction between the direct costs of work paid for on a force account basis and the costs of other operations. To receive partial payments and final payment for force account work, the Contractor shall submit, in a manner approved by the Public Works Manager, detailed and complete documented verification of the Contractor's and any of its subcontractor's actual costs involved in the force account pursuant to the pertinent Change Order. Such costs shall be submitted within thirty (30) days after said work has been performed. No payments will be made for work billed and submitted to the Public Works Manager after the thirty (30) day period has expired. The force account invoice shall itemize the materials used and shall cover the direct costs of labor and the charges for equipment rental, whether furnished by the Contractor, subcontractor, or other forces. The invoice shall be in a form acceptable to the Public Works Manager 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 whic h 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 t hat may be omitted. 9.0 PAYMENT 9.1 Scope of Payment 9.1.1 General - The Contractor shall accept the compensation, as herein provided, as full payment for furnishing all labor, materials, tools, equipment, and incidentals necessary for completing the Work according to the Contract General Conditions 1400-28 Documents. Neither the payment of any partial payment estimate nor of any retained percentage shall relieve the Contractor of any obligation to make good any defective work or material. 9.1.2 Payment for Patents and Patent Infringement - All fees or claims for any patented invention, article, or arrangement that may be used upon, or in, any manner connected with the performance of the work or any part thereof shall be included in the proposed price for doing the work, and the Contractor and its sureties shall defend, protect, and hold the City, its consultants, the Public Works Manager, together with all their officers, agents, and employees harmless against liability of any nature or kind for any and all costs, legal expenses, and damages made for such fees or claims and against any and all suits and claims brought or made by the holder of any invention or patent, or on account of any patented or unpatented invention, process, article, or appliance manufactured for or used in the performance of the Contract, including its use by the City, unless otherwise specifically stipulated in the Contract. Before final payment is made on the Contract, the Contractor shall furnish an affidavit to the City regarding patent rights for the project. The affidavit shall state that all fees and payments due as a result of the work incorporated into the project or methods utilized during the Contract have been paid in full. The Contractor shall certify in the affidavit that no other fees or claims exist for work in this project. 9.1.3 Payment of Taxes - The Contractor shall pay and shall assume exclusive liability for all taxes levied or assessed on or in connection with the Contractor's performance of this Contract, including, but not limited to, State and local sales and use taxes, Federal and State payroll taxes or assessments, and excise taxes, and no separate allowance will be made therefor, and all costs in connection therewith shall be included in the total amount of the Contract price. 9.1.4 Payment for Labor and Materials - The Contractor shall pay and require its subcontractors to pay any and all accounts for labor including worker's compensation premiums, state unemployment and federal social security payments and other wage and salary deductions required by law. The Contractor also shall pay and cause its subcontractors to pay any and all accounts for services, equipment, and materials used by the Contractor and its subcontractors during the performance of work under this Contract. S uch 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 an d approved by the Public Works Manager, based on the value of equipment installed and tested, labor and materials incorporated into said permanent work by the Contractor during the preceding month. Payments will not be made for temporary construction unless specifically provided for in the Contract Documents. General Conditions 1400-29 Partial payments will be made monthly based on work accomplished as of a day mutually agreed to by the City and the Contractor. The Contractor shall submit his estimate of the work completed during the prior month and the work completed to date in a format corresponding to the accepted cost breakdown. The Public Works Manager shall review the submitted estimate, and upon approval, the Contractor may submit a detailed invoice for those amounts approved by the Public Works Manager. If requested, the Contractor shall provide such additional data as may be reasonably required to support the partial payment request. If the Public Works Manager does not agree with the Contractor's estimate of amount earn ed, the partial payment request will be returned for revision. The Public Works Manager will be available to meet to discuss the partial payment request prior to its re-submittal. When the Contractor's estimate of amount earned conforms with the Public Works Manager’s evaluation, the Public Works Manager 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 processi ng. Payment will be made by the City to the Contractor in accordance with City's normal accounts payable procedures; the City shall retain amounts in accordance with Paragraph 1400-9.4, Right to Withhold Amounts. No such estimate or payment shall be required to be made, when in the judgement of the Public Works Manager, the Work is not proceeding in accordance with the provisions of the Contract, or when in the Public Works Manager’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 MAY deduct from each partial payment and retain as part security, ten (10) percent of the amount earned until the final payment. Pursuant to Public Contract Code Section 22300, for monies earned by the Contractor and withheld by the City to ensure the performance of the Contract, the Contractor, may, at his or her option, choose to substitute securities meeting the requirements of said Section 22300. In the event the Contractor desires to choose this option, the Contractor shall enter into an escrow agreement with the City, and the escrow agent, a qualified bank to be chosen by City, in the form of the contract included in the project specifications. The costs of such escrow shall be paid by the Contractor. The securities to be deposited in said escrow account shall be equivalent, in fair market value, to the amount to be withheld as performance retention. The securities shall be held in accordance with the provisions of Public Contract Code Section 22300, and the implementing contract. General Conditions 1400-30 Contractor shall have the obligation of ensuring that such securities deposited are sufficient so as to maintain, in total fair market value, an amount equal to the cash amount of the sums to be withheld under the Contract. If, upon written notice from the City, or from the appropriate escrow agent, indicating that the fair market value of the securities has dropped below the dollar amount of monies to be withheld by the City to ensure performance, Contractor shall, within five days of the date of such notice, post additional securities as necessary to ensure that the total fair market value of all such securities held by the City, or in escrow, is equivalent to the amount of money to be withheld by the City under the Contract. Any Contractor that desires to exercise this option shall give notice in writing to City, and shall thereafter execute the escrow agreement form provided in Appendix A of these Specifications. 9.4.2 Other Withholds - In addition to the amount which the City may otherwise retain under the Contract, the City may withhold a sufficient amount or amounts of any payment or payments otherwise due the Contractor, as in its judgement may be necessary to cover: a. Payments which may be past due and payable for just claims against the Contractor or any subcontractor for labor or materials furnished for the performance of this Contract. b. For defective work not remedied. c. For failure of the Contractor to make proper payments to its subcontractors or suppliers. d. A reasonable doubt that the Contract can be completed for the balance then unpaid. e. Damage to another Contractor or third party, or to property. f. Failure of the Contractor to keep its work progressing in accordance with its progress schedule. g. The City's costs for the Contractor's failure to complete within the allowed time. h. Cost of insurance arranged by the City due to cancellation or reduction of the Contractor's insurance. i. Failure of the Contractor to make proper submissions, as herein specified. j. Failure to submit, revise, resubmit, or otherwise conform to the requirements herein for preparing and maintaining a project schedule. k. Payments due the City from the Contractor. l. Reduction of Contract Amount because of modifications. General Conditions 1400-31 m. The Contractor's neglect or unsatisfactory prosecution of the work including failure to clean up. n. Provisions of law that enable or require the City to withhold such payments in whole or in part. When the above reasons for withhold amounts are removed, payment may be made to the Contractor for amounts withheld. The City in its discretion may apply any withheld amount or amounts to the payment of valid claims. In so doing, the City shall be deemed the agent of the Contractor, and any payment so made by the City shall be considered as a payment made under the Contract by the City to the Contractor, and the City shall not be liable to the Contractor for such payment made in good faith. Such payments may be made without prior judicial determination of the claim or claims. The City will render to the Contractor a proper accounting of such funds disbursed in behalf of the Contractor. 9.5 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. General Conditions 1400-32 End of Section 1400 2000-1 DIVISION 2 SECTION 2000 GENERAL PROJECT REQUIREMENTS 1.0 CONTRACT LOCATION The work involves the perpetual yearly maintenance of all of the landscape lighting systems within Landscape and Lighting Assessment District #89-1 consisting of maintenance and repair of all fountain facilities, lighting fixtures and lighting electrical systems located in the median islands, parkways, parks, retention basins, and civic facilities. See the Appendix section and proposal forms for a listing and depiction of areas to be maintained as part of this specification and request for proposal. 2.0 CONTRACT TERMS The contract shall be for a period of twelve (12) months, or from July 1, 2019 to June 30, 2020. The City has the option to renew the contract for four (4) additional one-year extensions. If the contract is renewed, the total length of the contract shall not exceed five (5) years from the original date of award. If the City intends to renew the contract, the Contractor will be given ninety (90) days advance no tice in writing prior to the termination date of the Contract. The City and the Contractor shall negotiate any changes to increase the current annual contract amount. If the Contractor decides to refuse the offer to renew, the Contractor shall notify the City in writing within sixty (60) days prior to the termination date of the contract with their intent not to accept the offer. 3.0 PERMITS AND LICENSES The Contractor shall be responsible for obtaining any and all permits and licenses required to perform this service. 4.0 WORKMAN'S COMPENSATION COVERAGE The Contractor shall procure and maintain, during the life of the contract, Worker's Compensation Insurance for all his or her employees engaged on or at the site of the project, and in case any of the work is sublet, the Contractor shall require all subcontractors to similarly provide Worker's Compensation Insurance for all the latter's employees unless such employees are covered by protection afforded by Worker's Compensation Insurance carried by the Contractor. 5.0 INSURANCE COMPLIANCE REQUIREMENTS The Contractor shall furnish City satisfactory proof of full compliance with all insurance requirements prior to execution of the contract on forms herein provided. The Contractor shall submit Certificate(s) of Insurance which must indicate which policy covers each insurance item as per Section 1340, LIABILITY AND INSURANCE REQUIREMENTS. 2000-2 6.0 WORKING HOURS Maintenance and operation of equipment within one half mile of human occupancy shall be performed only during the time periods as follows: October 1 to April 30 Monday - Friday 7:00 a.m. to 5:30 p.m. Saturday 8:00 a.m. to 5:00 p.m. May 1 to September 30 Monday - Friday 6:00 a.m. to 7:00 p.m. Saturday 8:00 a.m. to 5:00 p.m. The Contractor shall notify the City Engineer at least 24 hours prior to any work outside the normal working hours defined above, on weekends or holiday. 7.0 HOLIDAYS During the week of a holiday, the Contractor shall adjust his schedule to return to normal weekly schedule the following week for all items. 8.0 PERFORMANCE DEFICIENCIES AND REDUCTION IN PAYMENT The City of La Quinta has set up very specific criteria in which to evaluate the performance of the contractor on a weekly basis during the perpetual maintenance of the annual contract. As the City representative identifies performance deficiencies, fines may be deducted from the Contractor's monthly invoice. The following deficiencies, terms, and fines apply to this specific contract and scope of work. Deficiency No. 1 - Lack of compliance to specifications, work conditions, i.e., failure to adequately inspect and/or repair the lighting systems as required. Each week the Contractor's performance area will be evaluated. In the event of unsatisfactory performance which is clearly the fault of the Contractor (any service not performed which is required by the contract), the Contractor will be given a written notice stating the deficient area(s), a time the deficiencies must be completed by, and the amount of money being withheld until deficiency is satisfactorily corrected (up to $200 per instance per work day). If the Contractor has been notified of a deficiency and the deficiency is not corrected within the time specified in work statement for each task, the withheld funds will not be paid (exceptions will be made with prior approval of the City for delays in the ordering of parts and adverse weather conditions). In the event the Contractor is deficient in any required service, the City may perform the service by City personnel or by separate contract. The cost of services performed by City personnel or separate contract will be deducted from the Contractor's monthly invoice. The Contractor shall not have the exclusive right during the term of this contract and all renewals thereof within the City. If this type of deficiency should occur in the same location more than once, the fine identified above will be automatically deducted from the Contractor's monthly invoice for that maintenance area. 2000-3 Deficiency No. 2 - Failure to provide adequate equipment in compliance with City specifications and/or as requested by the City representative may result in a deduction of up to $200 per instance per work day. Deficiency No. 3 - Failure to protect public health and/or correct safety concerns. These include, but are not limited to, policing City property for hazards, responding to emergencies, providing adequate traffic control measures (per W.A.T.C.H. guidelines), $200 per occurrence. Deficiency No. 4 - Contractor is deficient for not following or managing, on a daily basis, quality control, including but not limited to weekly schedules, weekly manpower, and weekly electrical testing and service. 9.0 TERMINATION 9.1 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 9.2 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon ten-day written notice to Contractor. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 9.3 9.2 Termination for Default of Contractor. If termination is due to the failure of Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Paragraph F of the Agreement, take over work and prosecute the same to completion by contract or otherwise, and Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Contractor for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 9.3. 9.3 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 10.0 LABOR CHARGES Labor charges for services not covered in line items of the proposal shall be approved by the City in writing prior to starting work. If authorization is not obtained, the Contractor will not be paid. The Contractor shall submit an estimate to the City for approval prior to beginning work. The charges shall be reviewed, by the City, to determine if they are fair and reasonable. The City reserves the right to perform the work by others if the Contractor's estimate is not considered fair and reasonable. The Contractors shall submit their proposal labor charges for specified extra work. These charges will remain firm for the duration of the contract. 2000-4 11.0 DAMAGES Any damages done to the landscape lighting systems, which are clearly determined as the fault of the Contractor, due to neglect or careless operation, will be paid for by the Contractor. This will include, but not be limited to, damages, facilities, equipment, and structures. 12.0 ACCEPTANCE All work specified shall be completed under the direction and satisfaction of the City of La Quinta and in accordance with these specifications. The City will monitor the Contractor's performance and review weekly submittal of forms and schedules to conduct a weekly evaluation of the Contractor's overall compliance with administration and physical performance of said contract. 13.0 COMPLAINTS RECEIVED BY THE CITY The City will notify the Contractor of each contract complaint reported by the public. The citizen complaint will be given to the Contractor indicating the day and hour the complaint was observed or reported, the location and description of the complaint, and the section (or fraction thereof) to be deducted from contract payment, if appropriate. The Contractor will have twenty-four (24) consecutive hours to correct the problem except complaints received on hazardous situations (i.e. exposed electrical wires) where the Contractor will have two (2) hours to respond with corrective action as specified by a City of La Quinta representative (if applicable, exceptions will be made for ordering of parts and adverse weather conditions). The Contractor will inform the City representative when and how the problem was corrected, and the action to prevent the situation from recurring. If the Contractor fails to correct the problem of the citizen's complaint within th e time constraints, the City shall correct the situation with City personnel or separate contract and the cost will be deducted from the Contractor's monthly invoice. 14.0 COMMUNICATIONS Throughout the period of this contract, the Contractor shall establ ish and maintain a local office with a quality control managing agent. The Contractor's quality control managing agent shall serve as the point of contact for dealing and communicating with the Contractor and City Inspector. The Contractor shall have the capability to receive and to respond immediately to calls of an emergency nature during normal working hours and during hours outside of normal working hours. Calls of an emergency nature received by the City shall be referred to the Contractor for immediate disposition. A. In the event that emergency work is required, the Contractor shall notify the City representative by telephone in advance before any emergency work is commenced. Non - emergency maintenance work outside of this contract scope requires written approval before the work is performed. B. In situations involving emergency work after normal work hours, the Contractor shall dispatch qualified personnel and equipment to reach the site within two (2) hours. Contractor's vehicle shall carry sufficient equipment to effect safe control of traffic. When the Contractor arrives at the site, the Contractor shall set up traffic warning and control devices, if deemed necessary, and proceed to repair the system on a temporary basis. 2000-5 C. The Contractor shall supply the City with name(s) and phone number(s) of responsible person(s) representing the Contractor for 24-hour emergency response. The above- mentioned information shall remain current at all times. Any changes shall be forwarded to the City in writing within 12 hours of any such change. Failure to maintain emergency information current shall result in a $100 penalty for each occurrence. Emergency response defined: As per City representative(s) By prior agreement Public health/safety matters Public health/safety matters include but are not limited to broken light fixtures, exposed electrical wiring, threat to private property resulting from the responsible Contractor's operations. 15.0 CONTRACTOR'S EMPLOYEES The Contractor's employees, supervisors, and representatives shall not identify themselves as employees of the City of La Quinta. All employees shall conduct themselves in a professional and courteous manner while in public areas. Obscene language or gestures of unacceptable behavior by the Contractor's employees will be reported to the Contractor immediately for corrective action. 16.0 QUALITY CONTROL/QUALITY ASSURANCE/SAFETY 16.1 Quality Control The Contractor shall establish quality control program to assure the requirements of th e contract are performed as specified. The quality control program will be used by the Contractor to monitor their performance of the contract. The Contractor's quality control program must be managed by an individual whose primary responsibility is to m onitor and implement the quality control program. This manager will be responsible for communicating with the City representative, signing all schedules and reports, and have the authority to schedule the Contractor's employees and authorize extraordinary work hours to accommodate emergency repairs. 16.3 Safety The Contractor will assist the City in reducing hazards and dangerous situations in the contract landscape lighting areas. Any safety hazard will be reported within one (1) hour after it is noted. Any vandalism shall be reported within two (2) hours after it is noted to the Public Works Manager. Contractor shall be responsible for providing a safe work place, and compliance with standards and regulations of the California Occupational Safety and Health Act (CalOSHA), Federal Occupational Safety and Health Act (OSHA), California Division of Industrial Safety Orders (CDIS), State of California Manual of Traffic Controls, California Department of Food and Agriculture (CDFA) Laws and Regulations, and any other applicable governmental law or City risk management standards. Non-compliance with previously mentioned standards and regulations will result in a deficiency of performance deduction. 2000-6 16.4 Weekly Schedule This contract requires the Contractor to submit a Weekly Schedule. This shall indicate what landscape lighting maintenance area work will be performed, what day of the week, what type of work is to be performed, and if this is current work or make-up work (due to inclement weather only). 16.5 Authorization The Public Works Manager, or his authorized designee, will decide all questions, which may arise as to the quality and acceptance of any work, performed under the contract. 16.6 Required Form Delivery All required forms must be delivered to the Public Works Corporation Yard. All forms must be submitted based on contract-specified frequency or fines will be assessed according to Section 2000, No. 8 Performance Deficiencies and Reduction in Payment 17.0 SPECIAL REQUESTS The Contractor may be requested by the City representative to perform special tasks, which are above his normal scheduled work (i.e., new installation, citizen action requests, and coordination with utility locations or special work orders). 18.0 PROJECT INSPECTIONS Upon request, the Contractor or his representative will walk the project with the City representative for determining compliance with the Specifications, or to discuss required work. Contractor representative must be authorized to sign documents and effect changes to the job. 19.0 TRAFFIC CONTROL When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic. The Contractor shall make every effort to keep commercial driveways open during working hours. After working hours, all driveways shall be accessible with smooth and safe crossings through the construction area (State of California Traffic Manual or W.A.T.C.H. Book). Lighted sign or arrow board may be required as needed. 20.0 THE CITY'S RIGHT TO DO WORK The City reserves the right to modify its electrical improvements as it sees fit. If such alterations affect the Contractor’s cost for maintaining the improvements covered under this agreement, the Contractor shall submit a claim with a cost estimate and justification for contract increase as a result of this alteration. 21.0 COOPERATION/COLLATERAL WORK A. The Contractor shall recognize that during the course of the contract other activities and operations will be conducted by the City and other Contractors. These activities will include but are not limited to: landscape refurbishment, irrigation system modification or repair, construction, and storm related operations. 2000-7 B. The Contractor may be required to modify or curtail certain operations and shall promptly comply with any request by the City representative to cooperate. 22.0 PROTECTION OF EXISTING FACILITIES AND STRUCTURES The Contractor shall exercise due care in protecting from damage a ll existing facilities, structures, and utilities both above surface and underground on the City's property. Any damage to City property deemed to be caused by the Contractor's neglect shall be corrected or paid for by the Contractor at no cost to the City. If the City requests or directs the Contractor to perform work in a given area, it will be the Contractor's responsibility to verify and locate any underground systems, i.e., utility lines. This does not release the Contractor of the responsibility for taking reasonable precaution when working in these areas. Any damage or problems shall be reported immediately to the City. 23.0 CITY LIAISON The City Public Works Manager and the Contractor's Supervision representative will meet on a weekly basis. The purpose of this meeting will be to discuss specific project problems. More frequent contact may be required between the Public Works Manager and the Contractor's representative separately from these meetings. 24.0 METHOD OF PAYMENT The Contractor shall present, for the previous month, monthly invoices for contracted monthly amount. Included with monthly billing will be the work functions accomplished during that period, other than what is indicated on the Maintenance Schedule. Send monthly invoices to: City of La Quinta Facilities Department James Lindsey, Public Works Manager jlindsey@laquintaca.gov The monthly proposal amount is the amount set forth in Request for Proposal form submitted. 25.0 CONTRACTOR NEGLECT Any damage to the City's property which has been determined to be due to the Contractor's neglect shall be corrected at no additional cost to the City. Loss of plant material due to improper care is also included. 26.0 ADMINISTRATION A. Reports and Schedules 1. The Contractor shall provide and complete a schedule for each item of work and each area of work. 2. Failure to notify of a change and/or failure to perform an item of work on a scheduled day may result in deduction of payment for that date or work, even though the work is performed on a subsequent day. 2000-8 B. Performance On Schedule 1. The Contractor has been provided the latitude in establishing work schedules which correspond to Contract-defined minimum manpower and equipment resource requirements. The Contractor has also been provided the opportunity and procedure for adjusting those schedules to meet special circumstances. 2. Therefore all work shall be completed on the day scheduled (as shown on the Contractor-submitted schedule). All schedules shall be pre-approved by City representative. 3. Failure to complete the work as scheduled or as specified herein will result in a Performance Deficiency and Reduction. 2000-9 End of Section 2000 DIVISION 3 SECTION 3000 SPECIFIC PROJECT REQUIREMENTS 1.0 SCOPE OF WORK The work shall include furnishing all labor, equipment and incidentals necessary to maintain facilities, landscape lighting and lighting electrical systems located in median islands, parkways, parking lots, retention basins, and civic facilities. 2.0 SCHEDULING OF WORK The Contractor shall provide the City with a weekly schedule in accordance with Division 2 Section 2000 No. 16.4. 3.0 SERVICES TO BE PERFORMED 3.1 General A. Bi-weekly inspection of all landscape lighting systems. B. Replacement of inoperable light bulbs. C. Repair and/ or replacement of broken facility equipment and light; landscape median islands, parkways, parking lots, retention basins, and civic facilities light fixtures, wiring, underground wiring and defective photo cells, etc. D. Trouble shoot inoperable facility equipment, landscape median islands, parkways, parks, parking lots, retention basins, and civic facilities electrical lighting and irrigation systems including underground wiring. 4000-1 SECTION 4000 REPORTS AND SCHEDULES The Contractor, as part of this agreement, will submit reports and schedules as requested. Failure to submit reports and schedules in the time specified will result in a delay of monthly payments or a Performance Deficiency Deduction. Such reports must be detailed and thorough and may include but not be limited to the following: A. Suggestions for improving problem areas. B. Reports of work planned. C. Cost information to perform extra work for upgrading specific areas. D. Bi-Weekly Maintenance Schedule(s). 1. Contractor shall provide a Bi-weekly maintenance schedule to the City. 2. Notification of change in scheduled work must be received by the City at least 12 hours prior to the scheduled time for the work. 5000-1 DIVISION 5 SECTION 5000 FORMS 5000-2 FORM 1 CITY OF LA QUINTA PERFORMANCE DEFICIENCY DEDUCTION Notification to: Date: Time: Method: The following performance deficiency(ies) has been observed and requires immediate attention to correct. Location/Description: Value of Deduction: $ City representative to check deficient items and comment (if applicable) below: 1. Performance deficiency up to $100.00 per instance. 2. Failure to provide adequate equipment. Deduction of up to $100.00 per instance/per work day. 3. Failure to protect public health and/or correct safety concerns. 4. Failure to submit bi-weekly schedule. 5. Failure to program controllers per City-provided schedule. 6. Failure to manage the City-approved quality control program. 7. Failure to correct minor lighting deficiency in time frame. 8. Other: Please initiate the necessary corrective action(s) and notify the Public Works Manager when complete for re-inspection. City Public Works Manager Facilities Director (See attached Contract Maintenance Incident Report for additional correctional information) 5000-3 FORM 2 LANDSCAPE LIGHTING MATERIAL PURCHASE REQUEST DATE: ITEM QUANTITY DESCRIPTION USE LOCATION REASON USE DATE 1. 2. 3. 4. 5. 6. 7. 7. 8. 10. Maintenance Area Requested By: Contractor Inspector Approval: Purchase Date Invoice/Order No. Note: All old parts must be turned back to City Public Works Supervisor with copy of th is form. 5000-4 FORM 3 LANDSCAPE LIGHTING MANAGEMENT FORM NAME: Location: DATE: CONTRACTOR: TIME IN: TIME OUT: Stations 1 - 24 System Number 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Okay Fixture Broken Timer Adjustment Bulb Replacement(s) Photo Cell Wiring Short Circuit Other LANDSCAPE LIGHTING CONDITION: 5000-5 FORM 4 LIGHTING TIMER PROGRAM SCHEDULE VERIFICATION FORM DATE TIMER REVIEWED: LOCATION OF TIMER (REFER TO CITY I.D. MAINTENANCE AREA NUMBERS): _ RECOMMENDATIONS FOR MODIFICATIONS TO CURRENT SCHEDULE: LIGHTING TIMER REVIEWER: NAME TITLE DATE 5000-6 FORM 5 BI-WEEKLY MAINTENANCE SCHEDULE LIGHTING MAINTENANCE AREA NO AND DESCRIPTION WEEK DAY WORK TYPE CURRENT OR MAKE-UP WORK 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. Report Comments: APPENDIX Landscape Lighting Maintenance Proposal Schedule Fiscal Year 2019-2020 FACILITY # Of Lights 1 Acacia Median (Seeley Dr)20 2 Acacia Perimeter (Miles Ave)4 3 Adams - BRIDGE 40 4 Adams St Median (Ave 48-Hwy 111)17 5 Airport Blvd/ Ave 56 Median (Madison St to Monroe)28 6 Auto Center Dr Median/Round-A-Bout 6 7 Ave 50 Median (Eisenhower Dr-Washington St)68 8 Ave 50 Median (Evac Channel- Jefferson St.)24 9 Ave 52/Calle Sinaloa Median (Eisenhower Dr to Desert Club Dr.)24 10 Ave 52 Median (Washington St to Jefferson St.)150 11 Ave 54 Median (Jefferson St-Madison St)69 12 Avenida Bermudas (Ave 52- Main St.)34 13 Avenida Bermudas Median (Montezuma to Tampico)4 14 Avenida La Fonda Median (Avenida Bermudas-Desert Club Dr)40 15 Avenida Montezuma at Avenida Navarro ( Round- A -Bout)8 16 Avenida Montezuna/Bermudas City Parking Lot 15 17 Cactus Flower Entrances (Dune Palms Rd)16 18 Cactus Flower Perimeter (Fred Waring Dr & Dune Palms Rd)54 19 Calle Estado Median (Avenida Bermudas-Desert Club Dr)49 20 Calle Tampico Median (Eisenhower Dr-Washington St)48 21 Civic Center Perimeter (Calle Tampico/Washington St)96 22 Del Rey L.Q. Norte Perimeter (Miles Ave)4 23 Desert Club (Ave 52 to Calle Tampico)13 24 Desert Club Manor/Saguaro (Saguaro Park)6 25 Eisenhower Dr Median (Avenida Bermudas-Calle Madrid)14 26 Eisenhower Dr Median (Calle Madrid-Calle Colima)15 27 Eisenhower Dr Median (Calle Colima to Nogales)15 28 Eisenhower Dr Median (Calle Nogales-Calle Tampico)50 29 Eisenhower Dr Median (Calle Tampico to Ave 50)15 30 Eisenhower Dr. Median ( Fernando Dr to Coachella Dr)25 31 Eisenhower Dr. Mediam (Coachella DR to Washington St.)75 32 Entrance Monument (Home Depot) Hwy 111/ Jefferson 17 33 Entrance Monument (Hwy 111/ Plaza La Quinta)15 34 Fire Station - #93 (Adams St. N of Miles Ave)9 35 Fire Station #70 - P.G.A. West Perimeter (Ave 54/Madison St)30 36 Fire Station #32 (Ave 52 @ Desert Club)15 37 Village Medians (Estado & Bermudas)4 38 Village (Estado & Desert Club))4 39 Village (La Fonda & Bermudas)4 40 Village (La Fonda &Desert Club)4 41 Fountain (Hwy 111 & Washington) LG's 8 42 APP Dancing Fairies & Electrical System (78495 Tampico) City Hall 4 43 Fredwaring Dr. (Palm Royal to Jefferson St)133 44 Hwy 111 (West of Adams ST. to Jefferson St.)120 45 Jefferson St Median (Hwy 111-Ave 54)164 46 Jefferson St Median (Hwy 111-Westward Ho)37 Landscape Lighting Maintenance Proposal Schedule Fiscal Year 2019-2020 FACILITY # Of Lights 47 Jefferson St Bridge 40 48 Library Parking lot & Perimeter 75 49 L.Q. Del Oro Perimeter & Median (Via Sevilla)20 50 L.Q. Del Oro Perimeter (Washington St)12 51 L.Q. Highlands Perimeter & Median (Las Vistas Dr)23 52 L.Q. Highlands Perimeter (Fred Waring Dr)4 53 Maintenance Yard Parking Lot 60 54 Madison St Median (Airport Blvd-Avenue 58)46 55 Madison St, Ave 54 to Ave 56 53 56 Madison St, Ave 52 to Ave 54 65 57 Marbella Perimeter (Miles Ave/Adams St)3 58 Quinterra Perimeter (Miles Ave & Adams Street)28 59 Rancho Ocotillo Perimeter (Adams St)32 60 Rancho Ocotillo Perimeter (Fred Waring Dr)16 61 Wellness Center Parking Facilities (Avenida La Fonda/Calle Guatemala)34 62 Wellness Center Perimeter (Avenida La Fonda/Calle Guatemala)53 63 Topaz Perimeter (Dune Palms Rd/Miles Ave)3 64 Washington St Median (Ave 50 to Ave 52)45 65 Washington St Median (Ave 48 to Ave 50)75 66 Washington St Median (Ave Ave 47 to Ave 48)41 67 Washington St Median (Fred Waring Dr-Miles Ave)61 68 YMCA & Parking Lot (Moon River)10 Total 2,413