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Specifications Project 2011-05 BID DOCUMENTS & SPECIFICATIONS CITY PROJECT NO. 2011-05 FEDERAL PROJECT NO. BRNBIL (537) DUNE PALMS ROAD BRIDGE IMPROVEMENTS PROJECT CITY OF LA QUINTA, CALIFORNIA PREPARED FOR: CITY OF LA QUINTA DEPARTMENT OF DESIGN & DEVELOPMENT 78-495 CALLE TAMPICO LA QUINTA, CA 92253 (760) 777-7000 APPROVED BY: DATE: ______________________________________ BRYAN McKINNEY, P.E. PUBLIC WORKS DIRECTOR/ CITY ENGINEER AUGUST 2022 R.C.E. No. 49418 Exp Date: 09/30/22 i TABLE OF CONTENTS DIVISION 1 - BIDDING AND CONTRACT REQUIREMENTS PAGE 1100 Invitation to Bid 1100-1 1110 Instructions to Bidders 1110-1 1.0 Work to be Done 1110-1 2.0 Examination of Contract Documents 1110-1 3.0 Inspection of Site 1110-1 4.0 Interpretation of Contract Documents 1110-2 5.0 Postponement of Opening 1110-2 6.0 Opening of Bids 1110-2 7.0 Preparation of Bid Forms 1110-3 8.0 Bidder’s Signature and Authority 1110-3 9.0 Erasures 1110-4 10.0 Bid Irregularities 1110-4 11.0 Modification of Bid 1110-4 12.0 Withdrawal of Bids 1110-4 13.0 Addenda 1110-4 14.0 Bid Prices 1110-5 15.0 Bid Guaranty 1110-5 16.0 Bid Rigging 1110-5 17.0 Qualification of Bidder 1110-6 18.0 Subcontractors 1110-6 19.0 Bidders Interested in More than One Bid 1110-7 20.0 Sheeting, Shoring, and Bracing 1110-7 21.0 Wage Rates 1110-7 22.0 Offer of Assignment of Antitrust Actions 1110-8 23.0 Assignment of Contract 1110-8 24.0 Rejection of Bids 1110-8 25.0 Contract and Bonds 1110-8 26.0 Award of Contract 1110-9 27.0 Execution of Contract 1110-9 28.0 Construction Documents 1110-9 29.0 Bid Protest 1110-9 29.1 General 1110-9 29.2 Protest Contents 1110-10 29.3 Copy to Protested Bidder 1110-10 29.4 Response to Protest 1110-10 29.5 Copy to Protesting Bidder 1110-10 29.6 Exclusive Remedy 1110-10 29.7 Right to Award 1110-10 30.0 Disadvantaged Business Enterprise (DBE) 1110-10 31.0 DBE Commitment Submittal 1110-12 32.0 Good Faith Efforts Submittal 1110-12 33.0 Compliance with Iran Contracting Act 1110-14 34.0 Compliance with California Executive Order N-6-22 1110-14 1200 Bid 1200-1 1210 Bid Schedule 1210-1 1220 Bid Guaranty Bond 1220-1 ii 1230 Certification of Bidder's Experience and Qualifications 1230-1 1240 Proposed Subcontractors 1240-1 1250 Non-Collusion Affidavit 1250-1 1260 DIR Project Vendor Information 1260-1 1270 Forms for Federal-Aid Construction Projects 1270-1 1280 Compliance with California Executive Order N-6-22 1280-1 1290 Compliance with Iran Contracting Act 1290-1 1300 Contract 1300-1 1310 Performance Bond 1310-1 1320 Payment Bond 1320-1 1330 Workers' Compensation Insurance Certificate 1330-1 1340 Liability and Insurance Requirements 1340-1 1.0 Indemnification 1340-1 2.0 Insurance Requirements 1340-3 2.1 General 1340-3 2.2 Insurance 1340-3 2.3 Remedies 1340-5 2.4 General Conditions 1340-5 2.5 Change in Terms 1340-8 1400 General Conditions 1400-1 1.0 General 1400-1 1.1 Intent of Contract Documents 1400-1 1.2 Discrepancies and Omissions 1400-1 1.3 Headings 1400-2 1.4 Penalty for Collusion 1400-2 1.5 Successors and Assigns 1400-2 1.6 Assignment to City 1400-2 1.7 Rights and Remedies 1400-2 1.8 Definitions 1400-3 2.0 Administration 1400-8 2.1 Administration of the Contract 1400-8 2.2 City Engineer 1400-8 2.3 Consultants 1400-9 3.0 City 1400-9 3.1 General 1400-9 3.2 Attention to Work 1400-9 3.3 Inspection 1400-9 3.4 City's Right to Carry Out the Work 1400-10 3.5 City's Right to Perform Work and to Award Separate Contracts 1400-10 4.0 Contractor 1400-10 4.1 Office 1400-10 4.2 Contractor's Representative 1400-11 4.3 Construction Procedures 1400-11 4.4 Contractor's Employees 1400-11 iii 4.5 Subcontractors 1400-12 4.6 Contractor's Equipment and Facilities 1400-12 4.7 Public Safety and Convenience 1400-12 4.8 City-Contractor Coordination 1400-12 4.9 Permits 1400-13 4.10 Contractor's Responsibility for the Work and Material 1400-14 4.11 Laws to be Observed 1400-14 4.12 Safety 1400-18 5.0 Control of Work and Material 1400-19 5.1 Means and Method 1400-19 5.2 City-Furnished Materials 1400-20 5.3 Defective and Unauthorized Work 1400-20 5.4 Unnoticed Defects 1400-21 5.5 Right to Retain Imperfect Work 1400-21 6.0 Progress of the Work 1400-21 6.1 Beginning of Work 1400-21 6.2 Time of Completion 1400-21 6.3 Delays 1400-21 6.4 Time Extensions 1400-23 6.5 Temporary Suspension of Work 1400-25 6.6 Termination of Contract 1400-25 7.0 Changes in Scope of Work 1400-26 7.1 Change Orders 1400-26 7.2 Differing Site Conditions 1400-27 7.3 Suspensions of Work Ordered by Engineer 1400-28 7.4 Significant Changes in the Character of Work 1400-28 7.5 Resolution of Disputes 1400-29 8.0 Project Modifications Procedures 1400-33 8.1 Changes in Contract Price 1400-33 8.2 Negotiated Change Orders 1400-34 8.3 Force Account Payment 1400-36 8.4 Time Extensions for Change Orders 1400-38 9.0 Payment 1400-38 9.1 Scope of Payment 1400-38 9.2 Partial Payments 1400-39 9.3 Partial Payments - Inclusion of Material on Hand 1400-40 9.4 Right to Withhold Amounts 1400-40 9.5 Substantial Completion 1400-42 9.6 Final Inspection and Payment 1400-42 9.7 Warranty of Title 1400-43 1500 Supplemental General Conditions 1500-1 1.0 City Engineer 1500-1 2.0 Consultants 1500-1 2.1 Design Engineer 1500-1 iv 2.2 Materials Testing 1500-1 2.3 Survey 1500-1 2.4 Environmental Stewardship 1500-2 2.5 Quality Assurance 1500-2 3.0 Liquidated Damages 1500-2 4.0 Submittals 1500-3 1550 Federal Requirements for Federal-Aid Construction Projects 1550-1 1.0 Female and Minority Goals 1550-1 2.0 Federal Trainee Program 1550-2 3.0 Disadvantaged Business Enterprises 1550-5 4.0 Quality Assurance 1550-9 5.0 Title VI Assurances 1550-9 6.0 Buy America 1550-12 7.0 Use of United States – Flag Vessels 1550-12 8.0 Prompt Payment from the Agency to the 1550-13 Contractors DIVISION 2 - GENERAL PROJECT REQUIREMENTS 2000 General 2000-1 1.0 Standard Specifications 2000-1 1.1 Alternative Specifications 2000-1 2.0 Standard Plans 2000-2 2.1 Alternative Guidance 2000-2 3.0 Preconstruction Conference 2000-2 3.1 Attendees 2000-2 3.2 Agenda 2000-2 4.0 Progress Schedules 2000-3 4.1 General 2000-3 4.2 Construction Schedule 2000-3 4.3 Time Impact Analysis 2000-4 4.4 Weekly Activities Plan 2000-4 4.5 Cash Flow Projection 2000-4 4.6 Lump Sum Price Breakdown 2000-4 5.0 Special Controls 2000-5 5.1 Dust Control 2000-5 5.2 Noise Abatement 2000-5 5.3 Working Hours 2000-5 5.4 Drainage Control 2000-6 5.5 Construction Cleaning 2000-6 5.6 Disposal of Material 2000-6 5.7 Parking and Storage Areas 2000-6 v 6.0 Protection and Restoration of Existing Improvements 2000-7 7.0 Existing Utilities 2000-7 7.1 General 2000-7 7.2 Notification and Location 2000-8 7.3 Damage and Protection 2000-8 7.4 Utility Relocation and Rearrangement 2000-8 7.5 Underground Facilities 2000-11 DIVISION 3 - SPECIAL PROVISIONS SECTION 3000 1.0 General 3000-1 1.1 Scope of Services 3000-1 1.2 Project Description 3000-1 1.3 Project Plans 3000-1 1.4 Drawings of Record 3000-2 1.5 Cooperation with other Contractors 3000-2 1.6 Time Allowed for Construction 3000-3 2.0 Bid Items 3000-3 3.0 Materials 3000-4 3.1 General 3000-4 3.2 Substitutions 3000-4 3.3 Storage 3000-4 4.0 Work Details 3000-4 4.1 Traffic Control 3000-4 4.2 Dust Control 3000-9 4.3 Water 3000-9 4.4 Permits, Licenses and Inspection Fees 3000-9 4.5 Air Contaminants 3000-10 4.6 Notification 3000-10 DIVISION 4 – TECHNICAL SPECIFICATIONS SECTION 4000 4000-1 1.0 General Requirements 4000-1 2.0 Mobilization 4000-1 3.0 Best Management Practices 4000-1 4.0 Traffic Control 4000-2 5.0 Construction Procedures and Cooperation 4000-3 6.0 Beginning of Work 4000-3 7.0 Contractors Responsibility for the 4000-3 Work and Materials 8.0 Resident Engineers Trailer and Cameras 4000-4 9.0 Sawcut & Remove AC and Concrete Pavement 4000-8 10.0 Sawcut & Remove Concrete Slope Protection 4000-9 vi 11.0 Clearing and Grubbing 4000-10 12.0 Unclassified Excavation 4000-15 13.0 Unclassified Excavation (Channel) 4000-16 14.0 Unclassified Fill 4000-17 15.0 Construct Bypass Road 4000-18 16.0 Cold Milling AC Pavement 4000-19 17.0 Asphalt Concrete 4000-20 18.0 Subgrade Preparation & Placement of Base 4000-22 Materials 19.0 Crushed Miscellaneous Base 4000-22 20.0 Asphalt Concrete (AC) Dike 4000-23 21.0 Concrete Construction 4000-23 22.0 Concrete Structures 4000-27 23.0 Masonry Block Wall 4000-28 24.0 HDPE Pipe 4000-29 25.0 Metal Fencing, Railing and Gates 4000-30 26.0 Chain Link Fencing 4000-31 27.0 Temporary Fence 4000-31 28.0 PVC Pipe 4000-32 29.0 Pull Box 4000-34 30.0 Signing, Striping and Pavement Markers 4000-34 31.0 Adjust to Grade Storm Drain Manhole 4000-39 32.0 Decomposed Granite 4000-39 33.0 Water Service Reconstruction 4000-39 34.0 Remove Communications Manhole/Vault 4000-40 35.0 Bridge Lighting 4000-40 36.0 Crack Seal & Slurry Seal 4000-41 37.0 In Pavement Solar Guide Light 4000-48 38.0 Thermoplastic Banding (CV Link) 4000-48 39.0 Paint Bridge Soffit & Exterior Girder 4000-51 40.0 Bridge Soffit Panels 4000-51 41.0 Pipe Gate 4000-52 Landscape and Irrigation 4000-53 Bridge 4000-65 IID Electrical 4000-80 CVWD Sewer and Water 4000-82 Appendix A: Escrow Agreement for Security Deposits In Lieu of Retention Appendix B: Standard Plans Appendix C: Project Permits Appendix D: Environmental Commitments Record Appendix E : Asbestos & Lead Reports Appendix F: Exhibit 17-F & 17-O Forms Appendix G: Quality Assurance Program (QAP) Invitation to Bid 1100-1 SECTION 1100 INVITATION TO BID City Project No. 2011-05 Federal Project No. BRNBIL (537) DUNE PALMS ROAD BRIDGE IMPROVEMENTS SEALED BIDS will be received by the City of La Quinta (City) at the Office of the City Clerk located at 78-495 Calle Tampico, La Quinta, California, 92253, until 10:00 A.M. on Monday, September 26, 2022 at which time they will be publicly opened and read for performing work as follows: The purpose of the project is to replace the existing low water crossing spanning the Coachella Valley Storm Water Channel (CVSC) at Dune Palms Road with a bridge crossing. The proposed work includes the roadway approach reconstruction to meet the proposed bridge structure elevation; street widening; construction of curb, curb/gutter, sidewalk, trail, retaining walls, median paving, driveway approaches, concrete slope protection and 6-foot tall garden wall; asphalt pavement with aggregate base; bridge construction; crack sealing and slurry sealing of roadway within construction limits; construction of a catch basins and drywells along with 18” and 24” HDPE N-12 pipe; signing and striping; landscaping and irrigation; and undergrounding of existing overhead utility poles. Project will also require the construction and removal of a bypass road, along with CVWD water main and sanitary sewer relocations. The sewer relocations will require the Contractor to prepare and implement a sewer bypass plan, which will need to be approved by CVWD. Contractor will also be required to demolish two mobile homes along with the single-family home as noted in the plans, includes the clearing of each housing pad and disconnecting all utilities connections to the structures. All project work and incidental items to complete the project shall be performed in accordance with the plans, specifications, and other provisions of the contract. All the above improvements are to be constructed in a workmanlike manner, leaving the entire project in a neat and presentable condition. Refer to Sections 3000 and 4000 for more information. This project shall be completed within 475 working days from the date specified in the Notice to Proceed. Time for the commencement and completion of the work is important and is to be of the essence of the Contract. The successful bidder should plan to order any long lead time equipment items immediately following “Notice of Award”. A pre-bid conference is scheduled for 9:00 A.M., Thursday, September 8, 2022. The pre-bid conference will be held at City of La Quinta, City Hall located at 78-495 Calle Tampico, La Quinta, California 92253. Complete sets of the bidding documents may be purchased online at: www.planitplanroom.com IMPORTANT: If you are not on the plan holders list through Planit Planroom you will not receive addendums. It is the responsibility of the bidder to ensure that they are placed on the plan holders list. Invitation to Bid 1100-2 Bidding procedures are prescribed in the Project Specifications. Bids shall be executed upon the forms bound and made a part of said Specifications. Bid security in an amount not less than ten percent (10%) of the total bid dollar amount and conforming to the prescribed bidding procedures is required to be submitted with each bid, as a guaranty to be forfeited should the bidder, if awarded the contract, fail to enter into the same, or fails to furnish in a timely manner the bonds and/or proof of insurance. The City reserves the right to reject any or all bids, and to waive any irregularities in the bids. Bid log sheets can be found at http://www.laquintaca.gov/business/design-and-development/bid-on-jobs. Pursuant to the provisions of California Labor Code Section 6707, each bid submitted in response to this Invitation to Bid shall contain, as a bid item, adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life and limb in trenches and open excavation, which shall conform to applicable safety orders. By listing this sum, the bidder warrants that its action does not convey tort liability to the City, its consultants, and their employees, agents, and sub-consultants. Pursuant to Section 1770, et. seq., of the California Labor Code, the successful bidder shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. These wage rates are available from the California Department of Industrial Relations’ Internet website at http://www.dir.ca.gov. Pursuant to Section 1725.5 of the California Labor Code, no contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations at the time the contract is awarded. Contractors and subcontractors may find additional information for registering at the Department of Industrial Relations website at http://www.dir.ca.gov/Public-Works/PublicWorks.html . Pursuant to Labor Code section 1771.1, no contractor or subcontractor may be listed on a bid proposal for a public works project submitted on or after March 1, 2015 unless registered with the Department of Industrial Relations. Furthermore, all bidders and contractors are hereby notified that no contractor or subcontractor may be awarded, on or after April 1, 2015, a contract for public work on a public works project unless registered with the Department of Industrial Relations. Pursuant to Labor Code section 1771.4, all bidders are hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Pursuant to SB854, all contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement). All contractors and subcontractors must also provide a copy and proof to the City of online submittal within 2 days of online submission. Invitation to Bid 1100-3 The project is partially funded with Federal Surface Transportation funds. As such, the Contractor and Sub-Contractors shall comply with the Davis-Bacon Fair Labor Standards Act (23 USC 113), and the implementation regulations issued pursuant thereto (29 CFR Parts 1, 3, and 5) and any amendments thereof. Pursuant to the said regulations, the Federal Prevailing Wage General Decision CA20220025 Modification No. 8, dated August 12, 2022 herewith attached in Section 1300 Contract. However, the most recent Federal Prevailing Wage Decision in effect for Riverside County within 10 days of the bid opening shall be used. Bidders shall promptly notify the City, in writing, about all the classifications of labor not listed in the prevailing wage determinations but necessary for the performance of the Work, before bids are submitted. Bidders are advised that, as required by federal law, the City of La Quinta is implementing Disadvantaged Business Enterprise requirements for Disadvantaged Business Enterprises (DBE). Section 2000, "General Project Requirements," under subsection titled "Disadvantaged Business Enterprises (DBE)" and subsection titled "Performance of Subcontractors" of these special provisions cover the DBE requirements. The DBE Contract goal is twenty-one percent (21%). Pursuant to Public Contract Code Section 22300, for monies earned by the Contractor and withheld by the City to ensure the performance of the Contract, the Contractor may, at its option, choose to substitute securities meeting the requirements of said Public Contract Code Section 22300. Affirmative action to ensure against discrimination in employment practices on the basis of race, religion, sex, color, national origin, age, or disability will also be required. The City hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, religion, sex, color, national origin, age, or disability in any consideration leading to the award of contract. The Contractor and Sub-Contractors shall comply with “Buy America” requirements (23 USC 313), and the implementing regulations issued pursuant thereto (23 CFR Section 635.410) and any amendments thereof. All bidders shall be licensed under the provisions of Chapter 9, Division 3 of the Business and Professions Code of the State of California to do the type of work contemplated in the project. In accordance with provisions of California Public Contract Code Section 3300, the City has determined that the General Contractor shall possess a valid Class A (General Engineering Contractor), at the time that the bid is submitted. Subcontractors shall possess valid, suitable licenses for the work they will perform. Failure to possess the specified license(s) shall render the bid as non- responsive. The successful bidder will be required to furnish a Labor and Materials bond in the amount equal to one hundred percent (100%) of the Contract price, as well as a Faithful Performance Bond, in the amount equal to one hundred percent (100%) of the Contract price. Invitation to Bid 1100-4 Each bidder shall submit with its bid a statement setting forth its experience on the forms included in the Bid Proposal. Telephones will not be available to bidders. Bid forms received after the designated time will not be accepted. Bidders and their authorized agents are invited to attend. No bidder may withdraw its bid for a period of sixty (60) days after the date set for the opening of bids. Approved By:Date: Bryan McKinney, P.E. Public Works Director / City Engineer Published By: Date: Monika Radeva City Clerk ***End of Section*** August 15, 2022 Rd August 15, 2022 Instruction to Bidders 1110-1 SECTION 1110 INSTRUCTIONS TO BIDDERS 1.0 WORK TO BE DONE It is the intention of the City to construct improvements as shown and set forth on the plans and detailed drawings, and in the particular locations shown on the drawings. All of the work is particularly set forth in the plans and specifications, and all of said work, together with all other work incidental thereto, is included. The work includes the furnishing of all labor, materials, incidentals and equipment necessary for City Project No. 2011-05, Federal Project No. BRNBIL (537), Dune Palms Road Bridge Improvements, and all appurtenant incidental items. The Contractor shall be required to provide, at its own cost and expense, all necessary insurance, as required by law or these specifications, and shall pay the cost and expense of any and all incidental matters herein required. 2.0 EXAMINATION OF CONTRACT DOCUMENTS Each bidder shall thoroughly examine and be familiar with those Contract documents contained in the Project Manual, drawings and addenda, if any. The submission of a bid shall constitute an acknowledgment upon which the City may rely that the bidder has thoroughly examined and is familiar with the Contract documents. The failure or neglect of a bidder to receive or examine any of the Contract documents shall in no way relieve him from any obligation with respect to its proposal or to the Contract. No claim for additional compensation will be allowed which is based upon a lack of knowledge of any Contract documents. 3.0 INSPECTION OF SITE Bidders are required to inspect the site of the work to satisfy themselves by personal examination or by such other means as they may prefer, of the location of the proposed work, and of the actual conditions of and at the site of work. If, during the course of its examination, a bidder finds facts or conditions which appear to be in conflict with the letter or spirit of the bidding documents, the Bidder may apply to the City, in writing, for additional information and explanation before submitting its bid. Submission of a bid by the bidder shall constitute acknowledgment that, if awarded the Contract, it has relied and is relying on its own examination of (1) the site of the work, (2) access to the site, and (3) all other data and matters requisite to the fulfillment of the work and on its own knowledge of existing facilities on and in the vicinity of the site of the work to be constructed under the Contract. The information provided by the City is not intended to be a substitute for, or a supplement to the independent verification by the bidder to the extent such independent investigation of site conditions is deemed necessary or desirable by the bidder. Instruction to Bidders 1110-2 4.0 INTERPRETATION OF CONTRACT DOCUMENTS No oral representations or interpretations will be made to any bidder as to the meaning of the Contract documents. Requests for an interpretation shall be made in writing via email and delivered at least five (5) days before the time announced for opening the bids to both: Lorissa Gruehl | Consultant Project Manager NAI Consulting, Inc. 68-955 Adelina Road Cathedral City, CA 92234 760-323-5344 - Phone lgruehl@naiconsulting.com – Email AND Bryan McKinney | Public Works Director/City Engineer City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Bmckinney@laquintaca.gov – Email Requests to clarify the source of materials, equipment, suppliers or any other such matter which does not modify, change, increase, or decrease the scope of work requires no action by the City other than a response to the bidder requesting the clarification. Requests to clarify possible ambiguous or incomplete statements or designs, or any other such clarification which modifies, changes, increases or decreases the scope of work, requires issuance of an addendum by the City for the interpretation to become effective. 5.0 POSTPONEMENT OF OPENING The City reserves the right to postpone the date and time for receiving and/or opening of bids at any time prior to the date and time established in the Invitation to Bid. Postponement notices shall be mailed to plan holders of record in the form of addenda. 6.0 OPENING OF BIDS All bids, irrespective of any irregularities or informalities, if received on time, will be opened and publicly read aloud at the time and place set forth in the Invitation to Bid. Bidders, their representatives and other interested persons may be present at the opening and reading of bids. Any bids received after the time for receiving and opening bids as set forth in the Invitation to Bid or as postponed by addenda will be considered nonresponsive and will not be opened. Any such bids will be returned unopened to the Bidder. Instruction to Bidders 1110-3 The public reading of each bid will include at least the following: A. Name and address of bidder. B. The total amount of bid. C. The nature and amount of the security furnished with the bid. 7.0 PREPARATION OF BID FORMS Bids shall be made on the blank forms in this manual and must be submitted at the time and place stated in the Invitation to Bid. All blanks in the bid forms must be appropriately filled in and all prices must be stated in figures. Unit prices in each and every case shall represent a true unit price used in preparing the bid schedule totals (Bid Form). Unit prices listed herein shall include material, installation and appurtenant work as is necessary to have the item complete and in place meeting the full intent of the plans and specifications. Unbalanced unit prices shall be sufficient cause for rejection of the bid. The purpose of the unit pricing is for bid evaluation and changes in the work during construction. The basis for award shall be the lowest combined price of the Base Bid Areas plus all Additive Alternatives. All bids must be submitted in a sealed envelope, addressed to the City Clerk, with the following annotation: It is the sole responsibility of the bidder to see that its bid is received in proper time. Any bid received after the scheduled closing time for receipt of bids will be returned to the bidder unopened. City shall not be responsible for errors or omissions in the bid. Bidders shall write their names on each bid form at the space provided. 8.0 BIDDER'S SIGNATURE AND AUTHORITY If the bid is made by an individual, his/her name, signature, and post office address must be shown; if made by a firm or partnership, the name and post office address of the firm or partnership, a list of the partners, and the signature of at least one of the general partners must be shown; if made by a corporation, the bid shall show the name of the state under the laws of which the corporation is chartered, the name and post office address of the corporation, and the title of the person who signs on behalf of the corporation. If the bid is made by the corporation, a certified copy of the bylaws or resolution of the Board of Directors of the corporation shall be furnished, upon BIDDER ____________________________ ADDRESS ____________________________ ____________________________ This envelope contains a SEALED BID for: City Project No. 2011-05 Federal Project No. BRNBIL (537) DUNE PALMS ROAD BRIDGE IMPROVEMENTS CITY OF LA QUINTA, CALIFORNIA Envelope to be opened on: September 26, 2022 @ 10:00 A.M. Unless revised by Addendum. Instruction to Bidders 1110-4 request of the City Engineer or designee, showing the authority of the officer signing the bid to execute Contracts on behalf of the corporation. If the bid is made by a joint venture, the bid shall be signed by a representative of one of the joint venture firms. Additionally, the bid shall include a copy of the resolution or contract empowering the representative to execute the bid and bind the joint venture. 9.0 ERASURES The bid submitted must not contain any erasure, interlineations, or other corrections unless each such correction is suitably authenticated by affixing in the margin immediately opposite the correction the signature or signatures of the person or persons submitting the bid. 10.0 BID IRREGULARITIES Changes in or additions to the bid form, recapitulations of the work bid upon, alternative bids, or any other modifications of the bid form which are not specifically called for in the Contract Documents may result in rejection of the bid by the City, as not being responsive to the Invitation to Bid. No oral or telephonic modification of any bid submitted will be considered. 11.0 MODIFICATION OF BID Modification of a bid already received will be considered only if the modification is received prior to the time established for receiving bids. Modifications shall be made in writing, executed, and submitted in the same form and manner as the original bid. 12.0 WITHDRAWAL OF BIDS In accordance with Public Contract Code 5103, within five days after the opening of bids, a bidder may withdraw its bid providing the bidder can establish to the City's satisfaction that a mistake was made in preparing the bid. A bidder desiring to withdraw shall give written notice to the City, specifying, in detail, how the mistake occurred and how the mistake made the bid materially different than it was intended to be. Withdrawal will not be permitted for mistakes resulting from errors in judgment or carelessness in inspecting the site of the work or in reading the Project Documents. 13.0 ADDENDA Addenda issued during the time of bidding shall become a part of the documents furnished bidders for the preparation of bids, shall be covered in the bids, and shall be made a part of the Contract. Each bid shall include specific acknowledgment in the space provided of receipt of all Addenda issued during the bidding period. Failure to so acknowledge may result in the bid being rejected as not responsive. Failure of any bidder to receive such Addenda shall not be grounds for non-compliance with the terms of the instructions. You must be on the plan holders list through Planit Planroom Enterprises or Plan Manager Pro in order to receive Addenda. Instruction to Bidders 1110-5 14.0 BID PRICES Bid prices shall include everything necessary for the completion of the work including but not limited to providing the materials, equipment, tools, plant and other facilities, and the management, superintendence, labor and services. Bid prices shall include allowance for all federal, state and local taxes. In the event of a difference between a price quoted in words and a price quoted in figures for the same quotation, the words shall be the amount bid. In the event that the product of a unit price and an estimated quantity does not equal the extended amount quoted, the unit price shall govern, and the correct product of the unit price and the estimated quantity shall be deemed to be the amount bid. If the sum of two or more items in a bidding schedule does not equal the total amount quoted, the individual item amounts shall govern and the correct total shall be deemed to be the amount bid. 15.0 BID GUARANTY The bid form shall be accompanied by a bid guaranty bond provided by a guaranty company authorized to carry on business in the State of California for payment to the City in the sum of at least ten (10) percent of the total amount of the bid price, or, alternatively, by a certified or cashier's check, payable to the City in the sum of at least ten (10) percent of the total amount of the bid price. The bid guarantee bond shall be provided on the form included in Section 1220, BID GUARANTY BOND, of this Project Document. The amount payable to the City under the bid guaranty bond, or the certified or cashier's check and the amount thereof, as the case may be, shall be forfeited to the City as liquidated damages in case of a failure or neglect of the bidder to furnish, execute, and deliver to the City the required performance and payment bonds evidences of insurance; and to enter into, execute, and deliver to the City the Contract on the form provided herewith, within ten (10) calendar days after receiving written notice from the City that the award has been made and the Contract is ready for execution. The City shall retain all bid security until a contract has been executed or until the City Council rejects all bids at which time all bid security not forfeited shall be returned to the appropriate bidders. 16.0 BID RIGGING The U.S. Department of Transportation (DOT) provides a toll-free hotline to report bid rigging activities. Contractors are encouraged to use the hotline to report bid rigging, bidder collusion, and other fraudulent activities. The hotline number is (800) 424- 9071. The service is available 24 hours 7 days a week and is confidential and anonymous. The hotline is part of the DOT's effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General. Instruction to Bidders 1110-6 17.0 QUALIFICATION OF BIDDER Pursuant to Public Contract Code Section 20103.5, the Contractor must be properly licensed as a contractor from contract award through contract acceptance. Each bidder shall complete and submit with their bid Section 1230, CERTIFICATION OF BIDDER'S EXPERIENCE AND QUALIFICATIONS. Upon the request of City, any bidder whose bid is under consideration for the award of the Contract shall promptly submit satisfactory evidence showing the bidder's financial resources, its construction experience, and its organization's availability for the performance of the Contract. The bidder may be required to establish to the satisfaction of the City the reliability and responsibility of the persons or entities proposed to furnish and perform the work described in the Documents. 18.0 SUBCONTRACTORS In accordance with California Public Contracting Code Section 4100, et. seq., each bid shall have listed in Section 1240, PROPOSED SUBCONTRACTORS, the name, portion of work to be performed, and location of the place of business of each subcontractor who will perform work or labor or render service to the bidder in or about the construction of the work or improvement, or of any subcontractor licensed by the State of California who, under subcontract to the bidder, will specially fabricate and install a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the bidder's total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of one percent of the bidder's total bid or Ten Thousand Dollars ($10,000.00), whichever is greater. The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price except that any designated “Specialty Items” may be performed by subcontract and the amount of any such “Specialty Items” so performed will be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. “Specialty Items” will be identified by the Agency in the Bid or in the Special Provisions. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from the information submitted by the Contractor, and subject to approval of the Engineer. Failure to list subcontractors may render the bid non-responsive and may be grounds for rejection of the bid. Failure to comply with the provisions of the California "Subletting and Subcontracting Fair Practices Act" shall make the Contractor subject to the sanctions as set forth in the Act. Instruction to Bidders 1110-7 19.0 BIDDERS INTERESTED IN MORE THAN ONE BID No person, firm, or corporation, under the same or different name, shall make, file, or be interested in more than one bid for the same work unless alternate bids are called for. A person, firm, or corporation may, however, submit sub-proposals or quote prices on materials to more than one bidder. The City may reject the bids of the known participants in such collusion. Pursuant to Public Contract Code Section 7106, bidders shall execute and furnish with their bids Section 1250, NON-COLLUSION AFFIDAVIT. 20.0 SHEETING, SHORING AND BRACING Pursuant to the provisions of California Labor Code Section 6707, each bid submitted shall contain, in the bid item indicated, the amount included in its bid for adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life and limb in trenches and open excavation, which shall conform to applicable safety orders. By listing this sum, the bidder warrants that its action does not convey tort liability to the City, its consultants, and their employees, agents, and sub-consultants. 21.0 WAGE RATES Pursuant to provisions of the Labor Code Section 1770, et. seq., of the State of California, the Director of the Department of Industrial Relations has ascertained the prevailing rate of per diem wages of the locality in which the Work is to be performed and applicable to the work to be done. These wage rates are available from the California Department of Industrial Relations’ Internet web site at: www.dir.ca.gov The project is partially funded with Federal Surface Transportation funds. As such, the Contractor and Sub-Contractors shall comply with the Davis-Bacon Fair Labor Standards Act (23 USC 113), and the implementation regulations issued pursuant thereto (29 CFR Parts 1,3, and 5) and any amendments thereof. Pursuant to the said regulations, the Federal Prevailing Wage General Decision CA20220025 Modification No. 8, dated August 12, 2022 is herewith attached in Section 1300 Contract. The wage rates are attached for reference, however, the most recent Federal Prevailing Wage Decision in effect for Riverside County within 10 days of the bid opening shall be used. These wage rates are available from the Wage Determinations Online’s Internet web site at: https://sam.gov/content/wage-determinations. In case of discrepancy between the Federal prevailing wages specified above and the prevailing wage rates as determined by the Director of California Department of Industrial Relations specified in Section 1400-4.11.2 PREVAILING WAGE, the contractor shall pay the higher of the two rates. Bidders shall promptly notify the City, in writing, about all the classifications of labor not listed in the prevailing wage determinations but necessary for the performance of the Work before bids are submitted. Instruction to Bidders 1110-8 22.0 OFFER OF ASSIGNMENT OF ANTITRUST ACTIONS As provided by Sections 4551 and 4552 of the California Government Code, in submitting a bid to the City, the bidder offers and agrees that if the bid is accepted, it will assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the City pursuant to the bid. Such assignment shall be made and become effective at the time the City tenders final payment to the bidder. 23.0 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. 24.0 REJECTION OF BIDS The City reserves the right to reject all bids for any reason. The City further reserves the right to reject any bid: which is non-responsive, incomplete, obscure, or irregular; which omits a bid on any one or more of the required bid items; which does not contain satisfactory documentation of the bidder's qualifications as required by Section 1110-16.0, QUALIFICATION OF BIDDER; which, in the City's opinion, the unit prices are unbalanced; which is accompanied by insufficient or irregular bid security; or, which is from a bidder who has previously failed, on a contract of any nature, to perform properly or to complete it on time. The City reserves the right to waive irregularities. 25.0 CONTRACT AND BONDS The successful bidder, simultaneously with the execution of the Contract, will be required to furnish a Payment Bond on forms provided by the City in an amount equal to one hundred percent (100%) of the Contract Price, a Faithful Performance Bond in an amount equal to one hundred (100%) of the Contract Price, and the WORKER'S COMPENSATION INSURANCE CERTIFICATE in Section 1330. Said bonds shall be secured from a surety company satisfactory to City. The form of Contract, as provided in Section 1300, which the successful bidder as Contractor will be required to execute, and the forms of bonds as provided in Sections 1310 and 1320, which it will be required to furnish, shall be carefully examined by the bidder. Instruction to Bidders 1110-9 26.0 AWARD OF CONTRACT Within sixty (60) days after the time of opening of the bids, the City will act either to accept a bid, to reject all bids or with the consent of the bidders and their sureties to extend the time in which the City may act. The acceptance of a bid will be evidenced by a notice of award of Contract in writing, delivered in person or by certified mail to the bidder whose bid is accepted. No other act of City will constitute acceptance of a bid. The award of Contract shall obligate the bidder whose bid is accepted to furnish performance and payment bonds and evidences of insurance, and to execute the Contract in the form set forth in the Contract documents. 27.0 EXECUTION OF CONTRACT The Contract Agreement shall be executed by the successful bidder and returned, together with the Contract bonds and evidences of insurance, within ten (10) days after receiving written notice of the award of the Contract. Time is of the essence in this regard. After execution by City, one copy shall be returned to Contractor. 28.0 CONSTRUCTION DOCUMENTS The City will furnish the Contractor five copies of the Specifications after the execution of the Contract. The Contractor may request up to three additional copies at no cost, for a total of eight (8) no cost copies. 29.0 BID PROTEST Any bid protest must be in writing and received by City at the Office of the City Clerk located at 78-495 Calle Tampico, La Quinta, California, 92253, before 5:00p.m., no later than two working days following bid opening (the "Bid Protest Deadline") and must comply with the following requirements: 29.1 General Only a bidder who has actually submitted a Bid Proposal is eligible to submit a bid protest against another bidder. Subcontractors are not eligible to submit bid protests. A bidder may not rely on the bid protest submitted by another bidder but must timely pursue its own protest. The protesting bidder must submit a non-refundable fee in the amount of $751.00, based upon City's reasonable costs to administer the bid protest. Any such fee must be submitted to City no later than the Bid Protest Deadline, unless otherwise specified. For purposes of this Section 28, a "working day" means a day that City is open for normal business, and excludes weekends and holidays observed by City. Instruction to Bidders 1110-10 29.2 Protest Contents The bid protest must contain a complete statement of the basis for the protest and all supporting documentation. Material submitted after the Bid Protest Deadline will not be considered. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based. The protest must include the name, address, email address, and telephone number of the person representing the protesting bidder if different from the protesting bidder. 29.3 Copy to Protested Bidder A copy of the protest and all supporting documents must be concurrently transmitted by fax or by email, by or before the Bid Protest Deadline, to the protested bidder and any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest. 29.4 Response to Protest The protested bidder may submit a written response to the protest provided the response is received by City before 5:00p.m., within two working days after the Bid Protest Deadline or after actual receipt of the bid protest, whichever is sooner (the "Response Deadline"). The response must include all supporting documentation. Material submitted after the Response Deadline will not be considered. The response must include the name, address, email address, and telephone number of the person representing the protested bidder if different from the protested bidder. 29.5 Copy to Protesting Bidder A copy of the response and all supporting documents must be concurrently transmitted by fax or by email, by or before the Bid Protest Deadline, to the protesting bidder and any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest. 29.6 Exclusive Remedy The procedure and time limits set forth in this section are mandatory and are the bidder's sole and exclusive remedy in the event of bid protest. A bidder's failure to comply with these procedures will constitute a waiver of any right to further pursue a bid protest, including filing a Government Code Claim or initiation of legal proceedings. 29.7 Right to Award The City Council reserves the right to award the Contract to the bidder it has determined to be the responsible bidder submitting the lowest responsive bid, and to issue a notice to proceed with the Work notwithstanding any pending or continuing challenge to its determination. 30.0 DISADVANTAGED BUSINESS ENTERPRISE (DBE) The contractor, subrecipient or subcontractor shall take necessary and reasonable steps to ensure that DBEs have opportunity to participate in the contract (49 CFR 26). Instruction to Bidders 1110-11 To ensure equal participation of DBEs provided in 49 CFR 26.5, the City has established a DBE goal of twenty-one percent (21%). The prime contractor shall make work available to DBEs and select work parts consistent with available DBE subcontractors and suppliers. Bidders shall meet the DBE goal as shown above, or demonstrate that adequate, good faith efforts were made to meet this goal. It is the Bidder’s responsibility to verify that at date of bid opening the DBE firm is certified as a DBE by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes and work code applicable to the type of work the firm will perform on the contract. Additionally, the prime contractor is responsible to document the verification record by printing out the CUCP data for each DBE firm. For a list of DBEs certified by the California Unified Certification Program, go to: http://www.dot.ca.gov/hq/bep/find_certified.htm. All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal. Credit for materials or supplies purchased by the Bidders from DBEs count toward the goal in the following manner: • 100 percent counts if the material or supplies are obtained from a DBE manufacturer. • 60 percent counts if the materials or supplies are obtained from a DBE regular dealer. • Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer (49 CFR 26.55 defines “manufacturer” and “regular dealer”). Bidders shall receive credit towards the goal if a DBE trucking company that performs a commercially useful function as defined in 49 CFR 26.55(d)(1) as follows: • The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract, and there cannot be a contrived arrangement for the purpose of meeting DBE goals. • The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the contract. • The DBE receives credit for the total value of the transportation services it provides on the Contract using trucks it owns, insures, and operates using drivers it employs. • The DBE may lease trucks from another DBE firm, including an owner- operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Contract. Instruction to Bidders 1110-12 • The DBE may lease trucks without drivers from a non-DBE truck leasing company. If the DBE leases trucks from a non-DBE truck leasing company and uses its own employees as drivers, it is entitled to credit for the total value of these hauling services. • A lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE. 31.0 DBE Commitment Submittal Bidders shall submit Exhibit 15-G Construction Contract DBE Commitment form, included in Section 1270 of these specifications. This exhibit is the bidder’s DBE commitment form. If the form is not submitted with the bid, Bidders shall remove the form from the Bid before submitting. The bidder shall complete and sign Exhibit 15-G Construction Contract DBE Commitment included in the contract documents regardless of whether DBE participation is reported. The bidder shall provide written confirmation from each DBE that the DBE is participating in the Contract. A copy of a DBE’s quote serves as written confirmation. If a DBE is participating as a joint venture partner, the bidder shall submit a copy of the joint venture agreement. If the DBE Commitment form, Exhibit 15-G, is not submitted with the bid, it must be completed and submitted by all bidders to the City within five (5) days of bid opening. If the bidder does not submit the DBE Commitment form within the specified time, the City will find the bidder’s bid nonresponsive. 32.0 Good Faith Efforts Submittal Exhibit 15-H: Proposer/Contractor Good Faith Efforts included in Section 1270 is due to the City within five (5) days of bid opening. Days means calendar days. In computing any period of time described in this part, the day from which the period begins to run is not counted, and when the last day of the period is a Saturday, Sunday, or federal holiday, the period extends to the next day that is not a Saturday, Sunday, or federal holiday. Similarly, in circumstances where the City’s offices are closed for all or part of the last day, the period extends to the next on which the City is open. Only good faith efforts directed towards obtaining participation and meeting or exceeding the DBE contract goal will be considered. Submittal of good faith efforts documentation within the specified time protects Bidder eligibility for award of the contract in the event the City finds that the DBE goal has not been met. Good faith efforts documentation must include the following information and supporting documents, as necessary: Instruction to Bidders 1110-13 1. Items of work that have made available to DBE firms. Identify those items of work which might otherwise be performed by the bidder’s own forces, and those items that have been broke down into economically feasible units to facilitate DBE participation. For each item listed, show the dollar value and total percentage of the contract. It is the Bidder’s responsibility to demonstrate that sufficient work to meet the goal was made available to DBE firms. 2. Names of certified DBE firm and the date on which the firm(s) were solicited to bid on the project. Include the items of work offered. Describe the methods used for following up initial solicitations in order to determine with certainty if the DBE firms contacted were interested, and the dates of the follow-up. Attach supporting documents such as copies of letters, memos, facsimiles sent, telephone logs, telephone billing statements, and all other evidence of solicitation. The Bidder is reminded to solicit certified DBEs through all reasonable and available means and provide sufficient time to allow DBEs to respond. 3. Name of selected firm and its status as a DBE for each item of work made available. Include name, address, and telephone number of each DBE that provided a quote and their price quote. If the firm selected for the item is not a DBE, provide the reasons for the selection. 4. Name and date of each publication in which the Bidder requested DBE participation for the project. Attach copies of the published advertisements. 5. Names of agencies and dates on which they were contacted to provide assistance in contacting, recruiting, and using DBE firms. If the agencies were contacted in writing, provide copies of supporting documents. 6. List of efforts made to provide interested DBEs with adequate information about the plans, specifications, and requirements of the contract to assist them in responding to a solicitation. If Bidder has provided information, identify the name of the DBE assisted, the nature of the information provided, and date of contact. Provide copies of supporting documents, as appropriate. 7. List of efforts made to assist interested DBEs in obtaining bonding, lines of credit, insurance, necessary equipment, supplies, and materials, excluding supplies and equipment that the DBE subcontractor purchases or leases from the prime contractor or its affiliate. If such assistance is provided by the Bidder, identify the name of the DBE assisted, nature of the assistance offered, and date assistance was provided. Provide copies of supporting documents, as appropriate. 8. Any additional data to support demonstration of good faith efforts. The City may consider DBE commitments from other bidders when determining whether the low bidder made good faith efforts to meet or exceed the DBE goal. Instruction to Bidders 1110-14 33.0 Compliance with Iran Contracting Act of 2010. Pursuant to the Iran Contracting Act of 2010 (Pub. Contract Code, § 2200 et seq.), (a) Contractor shall be ineligible to bid on or submit a proposal for any contract for One Million Dollars ($1,000,000) or more if Contractor engages in investment activities in Iran as defined in Public Contract Code Section 2202.5, and/or if Contractor is identified on the list of persons engaging in investment activities in Iran prepared by the State of California pursuant to Public Contract Code Section 2203 subdivision (b). (b) For bids of One Million Dollars ($1,000,000) or more, Contractor must certify that it is not on the list of ineligible vendors prohibited from doing business with the State of California and shall complete the Iran Contracting Act Certification and submit with their proposal at the time of bid. Contractor shall obtain the Iran Contracting Act Certification in the form approved by the State of California, or upon written request to the City Clerk’s Office, a copy of the form will be provided to Contractor. Failure by Contractor to provide the certification required by this Section may deem Contractor’s bid non-responsive. (c) Nothing in this Section is intended to prevent the City from exercising its rights pursuant to Public Contract Code section 2203, subdivision (c) or (d), or both, on a case-by-case basis. 34.0 Compliance with California Executive Order N-6-22. Russian aggression against Ukraine. (a) Contractor shall comply with California Governor Executive Order N-6-22 regarding sanctions in response to Russian aggression in the Country of Ukraine, and any implementing guidelines and/or economic sanctions imposed by the United States government in response to Russian actions in Ukraine, as well as any sanctions imposed under California law (collectively “economic sanctions”). Contractor shall comply with all such economic sanctions. By submitting a bid to the City, Contractor agrees to take any and all actions to support the Ukrainian government and people as required by law, including by refraining from new investments in, and financial transactions with, Russian institutions or companies that are headquartered or have their principal place of business in Russia (Russian entities), not transferring technology to Russia or Russian entities, and directly providing support to the government and people of Ukraine. (b) If bidding on a contract for Five Million Dollars ($5,000,000) or more, Contractor shall submit a written report to the City on Contractor’s compliance with the economic sanctions, and the steps Contractor has taken in response to Russia's actions in Ukraine, including, but not limited to, desisting from making new investments in, or engaging in financial transactions with, Russian entities, not transferring technology to Russia or Russian entities, and directly providing support to the government and people of Ukraine as required by law. Failure to submit the report required by this Section may deem Contractor’s bid non- responsive. ***END OF SECTION*** Bid 1200-1 SECTION 1200 BID DATE: The undersigned, as bidder, declares it has received and examined the Contract Document entitled City Project No. 2011-05, Federal Project No. BRNBIL (537), Dune Palms Road Bridge Improvements, and will contract with the City, on the form of Contract provided herewith, to do everything required for the fulfillment of the contract for said work at the prices and on the terms and conditions herein contained. We have included the following items and agree that they shall form a part of this bid: SECTION TITLE 1200 Bid 1210 Bid Schedule 1220 Bid Guaranty Bond 1230 Certification of Bidder's Experience and Qualifications 1240 Proposed Subcontractors 1250 Non-Collusion Affidavit 1260 DIR Project Vendor Information 1270 Federal Requirements Forms for Federal-Aid Construction Projects (The DBE and subcontractor listings are to be submitted by the 5th calendar day after bid openings all bidders) 1280 Russian Aggression Against Ukraine Sanctions 1290 Iran Contracting Act of 2010 We acknowledge that the following addenda have been received and have been examined as part of the Contract Documents. Bidders must be on the Plan Holders List with the City of La Quinta in order to receive addenda. Addendum # Date Received Initials __ ______ __ ______ __ ______ __ ______ Attached is a bid guaranty bond as required by Paragraph 1110-15.0, BID GUARANTY. Name of Bidder Bidder’s Telephone Number Bid 1200-2 If our bid is accepted, we agree to sign the contract without qualifications and to furnish the performance and payment bonds and the required evidence of insurance within 10 calendar days after receiving written notice of the award of the contract. We further agree, if our bid is accepted and a Contract for performance of the work is entered into with the City, to so plan work and to prosecute it with such diligence that the work shall be completed within the time stipulated. Name of Bidder Bidder’s Telephone Number _________ Bidder’s Address Bidder’s Email Address _____ Contractor’s License No. Contractor's Expiration Date State of Incorporation _________ Signature of Bidder Witness _____ Printed Name of Signatory Title of Witness Title of Signatory Bid Schedule 1210-1 SECTION 1210 BID SCHEDULE City Project No. 2011-05 Federal Project No. BRNBIL (537) DUNE PALMS ROAD BRIDGE IMPROVEMENTS City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 To Whom It May Concern: Pursuant to the Invitation to Bid, and in accordance with the provisions therein stated, the undersigned hereby proposes and agrees that on award by the City under this Bid, to execute a Contract, with necessary bonds, to furnish and install any and all labor, materials, transportation and services for City Project No. 2011-05, Federal Project No. BRNBIL (537), Dune Palms Road Bridge Improvements, in accordance with the plans and specifications therefore adopted and on file with the City within the time hereinafter set forth and at the prices named in this Bid. It is understood that the basis of award shall be the lowest total price of all Base Bid Areas and all Additive Alternates. Unit prices in each and every case represent the true unit price used in preparing the bid schedule totals (Bid Form). Unit prices listed herein include material, installation and appurtenant work as is necessary to have the item complete and in place meeting the full intent of the plans and specifications. Furthermore, this project has broken down the Base Bid areas according to project funding requirements, therefore several of the same bid items have been split between the Base Bid Areas. The following is a listing of the “duplicate” bid items numbers and their corresponding Base Bid location for Contractor reference. In the Bid Schedule, the “Duplicate” items have been noted with a (D) in the description. Base Bid #1 Duplicate Base Bid Area Description Item Number & Item Number (#-###) Sawcut & Removal AC Pavement 5 2-91 Sawcut & Remove Conc. Slope Protection 7 3-116 Unclassified Excavation (Roadway) 9 2-93 Unclassified Fill (Roadway) 11 2-94 Suitable Backfill Material 12 2-95 Asphalt Concrete (T=4.5”) 14 2-97 Class 2 Aggregate Base (T=6.0”) 15 2-99 6” AC Dike 17 2-100 6” Curb & Gutter 18 2-101 8” Median Curb 19 2-102 Concrete Sidewalk (W=5.5’) 20 2-103 Concrete Driveway Approach 21 2-104 Colored Stamped Concrete Median 22 2-105 Concrete Slope Protection 26 3-117 Curb Ramp (Case A) 27 2-106 Bid Schedule 1210-2 6’ (Tall) Masonry Block Wall 28 2-107 4” Schedule 40 PVC, Landscaping Sleeve 47 2-108 4” Thick Decomposed Granite 51 3-132 Install Landscaping Plant Material & Irrigation 53 2-111 3/8” Crushed Rock (Apache Brown) 54 2-112 3/4" Crushed Rock (Desert Gold) 55 2-113 6” Minus – Baja Cresta Rubble 56 2-114 3/8” Decomposed Granite – Brimstone 57 2-115 Structure Excavation (Ret Wall) (F) 61 3-134 Structure Backfill (Ret Wall) (F) 62 3-135 Structural Concrete (Ret Wall) (F) 69 3-136 Bar Reinforcing Steel (Ret Wall) 74 3-137 BASE BID AREA – DUNE PALMS ROAD BRIDGE IMPROVEMENTS: BASE BID #1; FEDERAL PARTICIPATING (STA 16+50 – 25+62) Item No. Item Description Est. Qty. Unit Unit Price (in figures) Dollars Item Total (in figures) Dollars Roadway Approaches 1 Mobilization 1 LS $ $ 2 Best Management Practices 1 LS $ $ 3 Traffic Control 1 LS $ $ 4 Resident Engineers Trailer 18 MO $ $ 4A Construction Monitoring Camera 1 LS $ $ 5 Sawcut & Remove AC Pavement (D) 22,000 SF $ $ 6 Remove Concrete Pavement and Cut Off Wall (Crossing) 41,686 SF $ $ 7 Sawcut & Remove Conc. Slope Protection (D) 12,150 SF $ $ 8 Clearing & Grubbing 1 LS $ $ 9 Unclassified Excavation (Roadway) (D) 555 CY $ $ 10 Unclassified Excavation (Channel) 3,200 CY $ $ 11 Unclassified Fill (Roadway) (D) 5,435 CY $ $ 12 Suitable Backfill Material (D) 80 CY $ $ 13 Construct & Remove Bypass Road 1 LS $ $ Bid Schedule 1210-3 BASE BID #1; FEDERAL PARTICIPATING (STA 16+50 – 25+62) Item No. Item Description Est. Qty. Unit Unit Price (in figures) Dollars Item Total (in figures) Dollars 14 Asphalt Concrete (T=4.5”) (D) 24,140 SF $ $ 15 Class 2 Aggregate Base (T=6.0”) (D) 24,140 SF $ $ 16 Crushed Misc. Base 521 CY $ $ 17 6” AC Dike (D) 135 LF $ $ 18 6” Curb & Gutter (D) 448 LF $ $ 19 8” Median Curb (D) 581 LF $ $ 20 Concrete Sidewalk (W=5.5’) (D) 4,148 SF $ $ 21 Concrete Driveway Approach (D) 1,034 SF $ $ 22 Colored Stamped Concrete Median (D) 711 SF $ $ 23 Concrete Cross Gutter 1,215 SF $ $ 24 8” Concrete Pavement 1,132 SF $ $ 25 Type 1A Retaining Wall 1,829 SF $ $ 26 Concrete Slope Protection (D) 1,195 CY $ $ 27 Curb Ramp (Case A) (D) 1 EA $ $ 28 6’ (Tall) Masonry Block Wall (D) 300 LF $ $ 29 Catch Basin Per LQ Std 300 & Local Depression (Sump) 3 EA $ $ 30 Catch Basin / Drywell System w/ Local Depression (Sump) 1 EA $ $ 31 Storm Drain Manhole No. 2 per MH252 1 EA $ $ 32 Reconstruct to Grade, SD Manhole 7 LF $ $ 33 24” Storm Drain Outlet w/ Grate 1 EA $ $ 34 42” Storm Drain Outlet w/ Grate 1 EA $ $ 35 Concrete Collar Per M803 3 EA $ $ Bid Schedule 1210-4 BASE BID #1; FEDERAL PARTICIPATING (STA 16+50 – 25+62) Item No. Item Description Est. Qty. Unit Unit Price (in figures) Dollars Item Total (in figures) Dollars 36 24” HDPE N-12, WT Joint SD Pipe 232 LF $ $ 37 Metal Fencing (Retaining Wall) 438 LF $ $ 38 Metal Gate Assembly 2 EA $ $ 39 Chain Link Fence H=6’, w/ Fabric 1,085 LF $ $ 40 24’ Wide Vehicle Gate w/ Lock 1 EA $ $ 41 Temporary Fence (High Visibility) 700 LF $ $ 42 Meter Pedestal Per LQ Std 730 1 EA $ $ 43 Pipe Gate 26 LF $ $ 44 2” Schedule 80 PVC, City Comm. Conduit 2,042 LF $ $ 45 Pull Box No. 3.5 (PCC) 6 EA $ $ 46 Signing, Striping & Pavement Markers 1 LS $ $ 47 4” Schedule 40 PVC, Landscaping Sleeve (D) 44 LF $ $ 48 Adjust to Grade Storm Drain Manhole 1 EA $ $ 49 4" Thick Decomposed Granite (D) (School Ret. & Pool Wall) 1,430 SF $ $ 50 Remove Communications MH/Vault 1 EA $ $ Landscaping 51 Install Landscaping Plant Material & Irrigation (D) 4,600 SF $ $ 52 3/8” Crushed Rock (Apache Brown) (D) 3,490 SF $ $ 53 3/4" Crushed Rock (Desert Gold) (D) 1,130 SF $ $ 54 6” Minus – Baja Cresta Rubble (D) 465 SF $ $ 55 3/8” Decomposed Granite – Brimstone (D) 475 SF $ $ 56 90-Day Maintenance Period 1 LS $ $ Bid Schedule 1210-5 BASE BID #1; FEDERAL PARTICIPATING (STA 16+50 – 25+62) Item No. Item Description Est. Qty. Unit Unit Price (in figures) Dollars Item Total (in figures) Dollars Bridge 57 Structure Excavation (Bridge) (F) 151 CY $ $ 58 Structure Backfill (Bridge) (F) 361 CY $ $ 59 Structure Excavation (Ret Wall) (F) (D) 204 CY $ $ 60 Structure Backfill (Ret Wall) (F) (D) 288 CY $ $ 61 24” Cast-In-Drilled-Hole-Piling (F) 3,076 LF $ $ 62 60” Cast-In-Drilled-Hole-Piling (F) 1,284 LF $ $ 63 Prestressing Cast-In-Place Concrete 1 LS $ $ 64 Structural Concrete, Bridge Polymer Fiber (4,500 PSI) (F) 1,130 CY $ $ 65 Structural Concrete (Bridge Footing) (F) 1,640 CY $ $ 66 Structural Concrete (Bridge) (F) 285 CY $ $ 67 Structural Concrete (Ret Wall) (F) (D) 119 CY $ $ 68 Structural Concrete, Approach Slab (Type N 30) 206 CY $ $ 69 Minor Concrete (Median Paving, Colored and Stamped) (F) 116 CY $ $ 70 Joint Seal Assembly (MR = 2 1/2”) 181 LF $ $ 71 Bar Reinforcing Steel (Bridge) (F) 1,191,53 6 LB $ $ 72 Bar Reinforcing Steel (Ret Wall) (D) (F) 11,881 LB $ $ 73 Concrete Barrier (Type 732 SW Mod) 968 LF $ $ 74 Metal Railing (Bridge) 968 LF $ $ 75 Bridge Lighting & Pull Boxes 1 LS $ $ 76 Miscellaneous Metal - Conduit Support System (Bridge) 1 LS $ $ Bid Schedule 1210-6 BASE BID #1; FEDERAL PARTICIPATING (STA 16+50 – 25+62) Item No. Item Description Est. Qty. Unit Unit Price (in figures) Dollars Item Total (in figures) Dollars CVWD Sewer Main Relocation 77 Remove Sewer Manhole 3 EA $ $ 78 Remove Pipe 201 LF $ $ 79 Reconstruct Sewer Manhole 7.4 LF $ $ 80 48” Sewer Manhole 4 EA $ $ 81 12” PVC Sewer Pipe 49 LF $ $ 82 18” PVC Sewer Pipe 166 LF $ $ 83 Remove Structural Encasement 43 LF $ $ 84 Remove 36” Steel Sleeve 73 LF $ $ 85 Structural Encasement 50 LF $ $ 86 Sewer Bypass 1 LS $ $ CVWD Water Main Relocation 87 18” CL 350 DIP Watermain w/ Restr. Jts, Zinc Coated & V Bio Poly Wrapped 670 LF $ $ 88 Remove Blind Flange 2 EA $ $ 89 Remove Water Main 646 LF $ $ 90 36” Steel Sleeve 24 LF $ $ Total Amount of Base Bid #1; Bid Items 1 – 90 $ Bid Schedule 1210-7 BASE BID #2; NON-FEDERAL PARTICIPATING (STA 10+82 – 16+50 & 25+62 – 36+05) Item No. Item Description Est. Qty. Unit Unit Price (in figures) Dollars Item Total (in figures) Dollars Roadway Items 91 Sawcut & Remove AC Pavement (D) 16,190 SF $ $ 92 Clearing & Grubbing 1 LS $ $ 93 Unclassified Excavation (Roadway) (D) 275 CY $ $ 94 Unclassified Fill (Roadway) (D) 640 CY $ $ 95 Suitable Backfill Material (D) 51 CY $ $ 96 Cold Mill AC Pavement (T=0.10’) (D) 3,360 SF $ $ 97 Asphalt Concrete (T=4.5”) (D) 18,540 SF $ $ 98 Asphalt Concrete (T=0.10’) (D) 3,360 SF $ $ 99 Class 2 Aggregate Base (T=6.0”) (D) 18,540 SF $ $ 100 6” AC Dike (D) 351 LF $ $ 101 6” Curb & Gutter (D) 347 LF $ $ 102 8” Median Curb (D) 2,093 LF $ $ 103 Concrete Sidewalk (W=5.5’) (D) 4,909 SF $ $ 104 Concrete Driveway Approach (D) 723 SF $ $ 105 Colored Stamped Concrete Median (D) 1,360 SF $ $ 106 Curb Ramp (Case A) (D) 1 EA $ $ 107 6’ (Tall) Masonry Block Wall (D) 60 LF $ $ 108 Signing, Striping & Pavement Markers 1 LS $ $ 109 4” Schedule 40 PVC, Landscaping Sleeve (D) 44 LF $ $ 110 Water Service Manifold Reconstruction 1 LS $ $ Bid Schedule 1210-8 BASE BID #2; NON-FEDERAL PARTICIPATING (STA 10+82 – 16+50 & 25+62 – 36+05) Item No. Item Description Est. Qty. Unit Unit Price (in figures) Dollars Item Total (in figures) Dollars Landscaping 111 Install Landscaping Plant Material & Irrigation (D) 1,630 SF $ $ 112 3/8” Crushed Rock (Apache Brown) (D) 1,235 SF $ $ 113 3/4" Crushed Rock (Desert Gold) (D) 395 SF $ $ 114 6” Minus – Baja Cresta Rubble (D) 160 SF $ $ 115 3/8” Decomposed Granite – Brimstone (D) 165 SF $ $ Total Amount of Base Bid #2; Bid Items 91 - 115 $ BASE BID #3 – CV LINK Item No. Item Description Est. Qty. Unit Unit Price (in figures) Dollars Item Total (in figures) Dollars CV Link Trail Plan Items 116 Sawcut & Remove Conc. Slope Protection (D) 13,450 SF $ $ 117 Concrete Slope Protection (D) 790 CY $ $ 118 18” Storm Drain Outlet w/ Grate 1 EA $ $ 119 18” HDPE N-12, WT Joint SD Pipe 58 LF $ $ 120 Class 2 Aggregate Base (T=4”) 13,360 SF $ $ 121 Concrete Trail (T=6”) 13,360 SF $ $ 122 Curb Ramp (Case B, Type 1) 2 EA $ $ 123 Metal Railing (Trail Retaining Walls) 274 LF $ $ 124 Metal Railing (Trail Undercrossing) 730 LF $ $ 125 Install City Furnished In Pavement Solar Guide Light 18 EA $ $ Bid Schedule 1210-9 BASE BID #3 – CV LINK Item No. Item Description Est. Qty. Unit Unit Price (in figures) Dollars Item Total (in figures) Dollars 126 Thermoplastic Banding (Undercrossing) 1,588 SF $ $ 127 6” Solid White Stripe (Paint) (Trail) 180 LF $ $ 128 Paint Bridge Soffit & Exterior Girder 1 LS $ $ 129 F&I Soffit Panels w/ Electrical Connections 1 LS $ $ 130 3” Schedule 40 PVC, CV Link Conduit 990 LF $ $ 131 Pull Box No. 3.5 (PCC) 4 EA $ $ 132 4" Thick Decomposed Granite (D) 6,400 SF $ $ 133 Concrete Wedge Curb 288 LF $ $ CV Link Bridge Plan Items 134 Structure Excavation (Ret Wall) (F) (D) 368 CY $ $ 135 Structure Backfill (Ret Wall) (F) (D) 501 CY $ $ 136 Structural Concrete (Ret Wall) (F) (D) 201 CY $ $ 137 Bar Reinforcing Steel (Ret Wall) (D) 20,001 LB $ $ Total Amount of Base Bid #3; Bid Items 116 - 137 $ BASE BID #4 – UNDERGROUND ELECTRICAL SYSTEM Item No. Item Description Est. Qty. Unit Unit Price (in figures) Dollars Item Total (in figures) Dollars 138 Dry Utility Trenching 900 LF $ $ 139 Large Vault Per IID Standard 1 EA $ $ 140 3” Sch. 40 PVC, IID Conduit 30 LF $ $ 141 4” Sch. 40 PVC, IID Conduit 100 LF $ $ Bid Schedule 1210-10 BASE BID #4 – UNDERGROUND ELECTRICAL SYSTEM Item No. Item Description Est. Qty. Unit Unit Price (in figures) Dollars Item Total (in figures) Dollars 142 5” Sch. 40 PVC, IID Conduit 520 LF $ $ 143 6” Sch. 40 PVC, IID Conduit 4,000 LF $ $ 144 5” Riser for Pole 1 EA $ $ 145 Transformer Pad (Single Phase) per IID Standard 1 EA $ $ Total Amount of Base Bid #4; Bid Items 138 - 145 $ The City may choose to Award All, Some, or None of the Following Additive Alternates: ADDITIVE ALTERNATE A – ROADWAY (STA 10+82 – 16+50 & 25+62 – 36+05) Item No. Item Description Est. Qty. Unit Unit Price (in figures) Dollars Item Total (in figures) Dollars 146 Crack Seal & Type II Slurry Seal 136,650 SF $ $ Total Amount of Additive Alternate “A” Bid Item 146 $ ADDITIVE ALTERNATE B – CVWD SEWER ADJUSTMENTS Item No. Item Description Est. Qty. Unit Unit Price (in figures) Dollars Item Total (in figures) Dollars 147 Adjust to Grade Sewer Manhole Lid & Frame to Grade 2 EA $ $ 148 Adjust Sewer Cleanout to Grade 1 EA $ $ 149 Relocate Sewer Cleanout 1 EA $ $ 150 Reconstruct Sewer Manhole 13 LF $ $ Total Amount of Additive Alternate “B” Bid Items 147-150 $ Bid Schedule 1210-11 ADDITIVE ALTERNATE C – CVWD WATER ADJUSTMENT Item No. Item Description Est. Qty. Unit Unit Price (in figures) Dollars Item Total (in figures) Dollars 151 Adjust to Grade, Water Valve Can and Lid 8 EA $ $ Total Amount of Additive Alternate “C” Bid Item 151 $ ADDITIVE ALTERNATE D – CVWD WATER RELOCATION Item No. Item Description Est. Qty. Unit Unit Price (in figures) Dollars Item Total (in figures) Dollars 152 Relocate Air Vac Assembly 2 EA $ $ Total Amount of Additive Alternate “D” Bid Item 152 $ GRAND TOTAL ALL BASE BIDS AND ALL ADDITIVE ALTERNATES (Figures): $ GRAND TOTAL ALL BASE BIDS AND ALL ADDITIVE ALTERNATES (Words): Bid Amount of each of the above Bid Items must be filled in and completed. It is understood that the quantities shown hereon are but estimates and the bidder is responsible to verify quantities prior to submitting a bid. Final payment will be based upon actual work performed, subject to such adjustments and alterations as elsewhere provided herein. ___________________________________________________________ Signature of Bidder (Ink) ___________________________________________________________ Name of Bidder (Printed or Typed) ___________________________________________________________ Bidder Telephone Number ___________________________________________________________ Bidder Email Address Bid Guaranty Bond 1220-1 SECTION 1220 BID GUARANTY BOND PRINCIPAL, and , as SURETY, are held and firmly bound unto the City in the penal sum of TEN (10) PERCENT OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the City for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made to the City to which said bid was submitted, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the Principal has submitted the above-mentioned bid to the City, for certain construction specifically described as follows, for which bids are to be opened at La Quinta, California. PROJECT NO. 2011-05 Federal Project No. BRNBIL (537) DUNE PALMS ROAD BRIDGE IMPROVEMENTS NOW, THEREFORE, if the aforesaid Principal is awarded the contract and, within the time and manner required under the specifications, after the prescribed forms are presented to him/her for signature enters into a written contract in the prescribed form, in accordance with the bid, and files two bonds with the City, one to guarantee faithful performance, and the other to guarantee payment for labor and materials as required by law, and provide certificate of insurance coverage required by the Contract Documents, then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue. IN WITNESS WHEREOF, we have hereunto set our hands on this day of , 2022. Title of Signatory Title of Signatory Signature of Principal Signature of Surety Address Address Note: Signatures of those executing for the surety must be properly acknowledged. Certification of Bidder’s Experience and Qualifications 1230-1 SECTION 1230 CERTIFICATION OF BIDDER'S EXPERIENCE AND QUALIFICATIONS The undersigned Bidder certifies that he is, at the time of bidding, and shall be, throughout the period of the contract, licensed under the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California, to do the type of work contemplated in the Contract Documents. Bidder shall further certify that it is skilled and regularly engaged in the general class and type of work called for in the Contract Documents. The Bidder represents that it is competent, knowledgeable, and has special skills on the nature, extent, and inherent conditions of the work to be performed. Bidder further acknowledges that there are certain peculiar and inherent conditions existent in the construction of the particular facilities, which may create, during the construction program, unusual or peculiar unsafe conditions hazardous to persons and property. Bidder expressly acknowledges that it is aware of such peculiar risks and that it has the skill and experience to foresee and to adopt protective measures to adequately and safely perform the construction work with respect to such hazards. The Bidder shall list below four (4) projects completed in the last seven (7) years of similar size and complexity that indicate the Bidder's experience as a General Contractor. 1. Project Name: ______________________________________________________ Owner: ______________________________________________________________ Construction Cost: $___________________________________________________ Construction Time: _____________________________Calendar Days Owner's Representative: ______________________________________________ Owner's Telephone No.: _______________________________________________ Date of Substantial Completion: ________________________________________ 2. Project Name: _______________________________________________________ Owner: ______________________________________________________________ Construction Cost: $___________________________________________________ Construction Time: _____________________________Calendar Days Owner's Representative: ______________________________________________ Owner's Telephone No.: _______________________________________________ Date of Substantial Completion: ________________________________________ Certification of Bidder’s Experience and Qualifications 1230-2 3. Project Name: _______________________________________________________ Owner: ______________________________________________________________ Construction Cost: $___________________________________________________ Construction Time: _____________________________Calendar Days Owner's Representative: ______________________________________________ Owner's Telephone No.: _______________________________________________ Date of Substantial Completion: ________________________________________ 4. Project Name: _______________________________________________________ Owner: ______________________________________________________________ Construction Cost: $___________________________________________________ Construction Time: _____________________________Calendar Days Owner's Representative: ______________________________________________ Owner's Telephone No.: _______________________________________________ Date of Substantial Completion: ________________________________________ Signed this day of , 2022. Name of Bidder Contractor's License No. DIR Reg No. Signature of Bidder Expiration Date Printed Name of Bidder Title of Signatory Proposed Subcontractors 1240-1 SECTION 1240 PROPOSED SUBCONTRACTORS Pursuant to California Public Contracting Code, Section 4100 et. seq., the following list gives the name, business address, and portion of work (description of work to be done) for each subcontractor that will be used in the work if the bidder is awarded the Contract. (Additional supporting data may be attached to this page. Each page shall be sequentially numbered and headed "Proposed Subcontractors" and shall be signed.) The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price except that any designated “Specialty Items” may be performed by subcontract and the amount of any such “Specialty Items” so performed will be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. “Specialty Items” will be identified by the Agency in the Bid or in the Special Provisions. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. Subcontractor/Business Address/Description of Work/% of Work/License No./DIR Reg No. Signature of Bidder Name of Bidder Non-Collusion Affidavit 1250-1 SECTION 1250 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ) ss. County of ) , being first duly sworn, deposes and say that he or she is of , the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly sought by contract, agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Signature Name of Bidder Title Date DIR Project Vendor Information 1260-1 SECTION 1260 DIR Project Vendor Information Vendor Information: Name:_____________________________________________________________ Address:_______________________________ City:_______________ ST:____ Zip:________ Project Manager:________________________Email:________________________ Phone:_______________________ CSLB/Certification Number: ____________ Public Works Registration No.:_______________________________________ Classification: Asbestos ____Boilermaker ____Bricklayers ____Carpenter ____Carpet/Linoleum ____ Cement Masons ____Drywall Finisher ____Drywall/Lathers ____Electricians ____ Elevator Mechanic ____Glaziers ____Iron Workers ____Laborers ____Millwrights ____ Operating Eng ____Painters ____Pile Drivers ____Pipe Trades ____Plasterers ____ Roofer____SheetMetal____Sound/Com____Surveyor____Teamster____Tile Worker____ Prevailing Wages and Payroll: The project is subject to prevailing wage rates and enforcement by the Department of Industrial Relations (DIR). Prevailing wage rates can be obtained at: http://www.dir.ca.gov/Public-Works/Prevailing-Wage.html. Contractors and subcontractors on most public Works projects are required to submit certified payroll records to the Labor Commissioner using DIR’s electronic certified payroll reporting system. For your convenience, the link for reporting certified payroll is: http://www.dir.ca.gov/Public-Works/Certified-Payroll-Reporting.html. A copy of certified payroll, including the names and addresses of employees and/or subcontractors working on the job must be included with invoices submitted to the City of La Quinta. Federal Requirements Forms for Federal-Aid Construction Projects 1270-1 Equal Employment Opportunity Certification SECTION 1270 FEDERAL REQUIREMENTS FORMS FOR FEDERAL-AID CONSTRUCTION PROJECTS EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder_____________________________________________________________ ____, proposed subcontractor _______________________________________________, hereby certifies that he has ______ , has not , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. Federal Requirements Forms for Federal-Aid Construction Projects 1270-2 Public Contract Code Certification PUBLIC CONTRACT CODE Public Contract Code Section 10285.1 Statement In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has ___ , has not ___ been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The bidder must place a checkmark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Public Contract Code Section 10162 Questionnaire In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes _____ No _____ If the answer is yes, explain the circumstances in the following space. Federal Requirements Forms for Federal-Aid Construction Projects 1270-3 Public Contract Code Certification Public Contract Code 10232 Statement In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Federal Requirements Forms for Federal-Aid Construction Projects 1270-4 Debarment and Suspension Certification DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager: • is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency; • has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years; • does not have a proposed debarment pending; and • has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. Federal Requirements Forms for Federal-Aid Construction Projects 1270-5 Non-Lobbying Certification for Federal-Aid Contracts NON-LOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (l) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub-recipients shall certify and disclose accordingly. Federal Requirements Forms for Federal-Aid Construction Projects 1270-6 Disclosure of Lobbying Activities DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURUSUANT TO 31 USC 1352 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract a. bid/offer/application a. initial b. grant b. initial award b. material change c. cooperative agreement c. post-award d. loan For Material Change Only: e. loan guarantee year _____ quarter ________ f. loan insurance date of last report __________ 4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: Prime Subawardee Tier _______ , if known Congressional District, if known Congressional District, if known 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, if applicable ___________________ 8. Federal Action Number, if known: 9. Award Amount, if known: 10. a. Name and Address of Lobby Entity b. Individuals Performing Services (including (If individual, last name, first name, MI) address if different from No. 10a) (last name, first name, MI) (attach Continuation Sheet(s) if necessary) 11. Amount of Payment (check all that apply) 13. Type of Payment (check all that apply) $ _____________ actual planned a. retainer b. one-time fee 12. Form of Payment (check all that apply): c. commission a. cash d. contingent fee b. in-kind; specify: nature ______________ e deferred value ______________ f. other, specify _________________________ 14. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11: (attach Continuation Sheet(s) if necessary) 15. Continuation Sheet(s) attached: Yes No 16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature: ________________________________________ Print Name: ______________________________________ Title: ____________________________________________ Telephone No.: ____________________ Date: __________ Authorized for Local Reproduction Federal Use Only: Standard Form - LLL Standard Form LLL Rev. 09-12-97 Federal Requirements Forms for Federal-Aid Construction Projects 1270-7 Disclosure of Lobbying Activities INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. Federal Requirements Forms for Federal-Aid Construction Projects 1270-8 Disclosure of Lobbying Activities 10.(a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered Federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (Ml). 11.Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12.Check the appropriate box. Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment. 13.Check the appropriate box. Check all boxes that apply. If other, specify nature. 14.Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s) is attached. 16.The certifying official shall sign and date the form, print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503.SF-LLL-Instructions Rev. 06-04-90«ENDIF» Federal Requirements Forms for Federal-Aid Construction Projects 1270-9 Exhibit 15-G Construction Contract DBE Commitment EXHIBIT 15-G CONSTRUCTION CONTRACT DBE COMMITMENT 1. Local Agency: City of La Quinta 2. Contract DBE Goal: 21% 3. Project Description: 2011-05 Dune Palms Road Bridge Improvements 4. Project Location: Dune Palms Road Spanning Coachella Valley Stormwater Channel 5. Bidder's Name: 6. Prime Certified DBE:  7. Bid Amount: 8. Total Dollar Amount for ALL Subcontractors: 9. Total Number of ALL Subcontractors 10. Bid Item Number 11. Description of Work, Service, or Materials Supplied 12. DBE Certification Number 13. DBE Contact Information (Must be certified on the date bids are opened) 14. DBE Dollar Amount Local Agency to Complete this Section upon Execution of Award 15. TOTAL CLAIMED DBE PARTICIPATION 21. Local Agency Contract Number: 2011-05 22. Federal-Aid Project Number: BRNBIL (537) % 23. Bid Opening Date: 24. Contract Award Date: IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Names of the First Tier DBE Subcontractors and their respective item(s) of work listed above must be consistent, where applicable with the names and items of the work in the "Subcontractor List" submitted with your bid. Written confirmation of each listed DBE is required. 25. Award Amount: Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate. 26. Local Agency Representative's Signature 27. Date 16. Preparer's Signature 17. Date 28. Local Agency Representative's Name 29. Phone 18. Preparer's Name 19. Phone 30. Local Agency Representative's Title 20. Preparer's Title DISTRIBUTION: 1. Original – Local Agency 2. Copy – Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de-obligation of federal funds on contract. 3. Include additional copy with award package. ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. Federal Requirements Forms for Federal-Aid Construction Projects 1270-10 Exhibit 15-G Construction Contract DBE Commitment INSTRUCTIONS – CONSTRUCTION CONTRACT DBE COMMITMENT CONTRACTOR SECTION 1. Local Agency - Enter the name of the local agency that is administering the contract. 2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement. 3. Project Location - Enter the project location(s) as it appears on the project advertisement. 4. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc). 5. Bidder’s Name - Enter the contractor’s firm name. 6. Prime Certified DBE - Check box if prime contractor is a certified DBE. 7. Bid Amount - Enter the total contract bid dollar amount for the prime contractor. 8. Total Dollar Amount for ALL Subcontractors – Enter the total dollar amount for all subcontracted contractors. SUM = (DBEs + all Non-DBEs). Do not include the prime contractor information in this count. 9. Total number of ALL subcontractors – Enter the total number of all subcontracted contractors. SUM = (DBEs + all Non-DBEs). Do not include the prime contractor information in this count. 10. Bid Item Number - Enter bid item number for work, services, or materials supplied to be provided. 11. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime contractor’s own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms. 12. DBE Certification Number - Enter the DBE’s Certification Identification Number. All DBEs must be certified on the date bids are opened. 13. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted contractors. Also, enter the prime contractor’s name and phone number, if the prime is a DBE. 14. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime contractor if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation. 15. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the “DBE Dollar Amount” column.%: Enter the total DBE participation claimed (“Total Claimed DBE Participation Dollars” divided by item “Bid Amount”). If the total % claimed is less than item “Contract DBE Goal,” an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM). 16. Preparer’s Signature - The person completing the DBE commitment form on behalf of the contractor’s firm must sign their name. 17. Date - Enter the date the DBE commitment form is signed by the contractor’s preparer. 18. Preparer’s Name - Enter the name of the person preparing and signing the contractor’s DBE commitment form. 19. Phone - Enter the area code and phone number of the person signing the contractor’s DBE commitment form. 20. Preparer’s Title - Enter the position/title of the person signing the contractor’s DBE commitment form. LOCAL AGENCY SECTION 21. Local Agency Contract Number - Enter the Local Agency contract number or identifier. 22. Federal-Aid Project Number - Enter the Federal-Aid Project Number(s). 23. Bid Opening Date - Enter the date contract bids were opened. 24. Contract Award Date - Enter the date the contract was executed. 25. Award Amount – Enter the contract award amount as stated in the executed contract. 26. Local Agency Representative’s Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Contractor Section of this form is complete and accurate. 27. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative. 28. Local Agency Representative’s Name - Enter the name of the Local Agency Representative certifying the contractor’s DBE commitment form. 29. Phone - Enter the area code and phone number of the person signing the contractor’s DBE commitment form. 30. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the contractor’s DBE commitment form. Local Assistance Procedures Manual Exhibit 15-G Construction Contract DBE Commitment Federal Requirements Forms for Federal-Aid Construction Projects 1270-11 Exhibit 15-H DBE Information – Good Faith Efforts EXHIBIT 15-H: Proposer/Contractor Good Faith Efforts Federal-aid Project No. BRNBIL (537)_______Bid Opening Date ___________________ The City of La Quinta established a Disadvantaged Business Enterprise (DBE) goal of 21 % for this contract. The information provided herein shows the required good faith efforts to meet or exceed the DBE contract goal. Proposers or bidders submit the following information to document their good faith efforts within five (5) calendar days from bid opening. Proposers and bidders are recommended to submit the following information even if the Exhibit 10-O1: Consultant Proposal DBE Commitments or Exhibit 15-G: Construction Contract DBE Commitment indicate that the proposer or the bidder has met the DBE goal. This form protects the proposer’s or the bidder’s eligibility for award of the contract if the administering agency determines that the bidder failed to meet the goal for various reasons, e.g., a DBE firm was not certified at bid opening, or the bidder made a mathematical error. The following items are listed in the Section entitled “Submission of DBE Commitment” of the Special Provisions, please attach additional sheets as needed: A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication): Publications Dates of Advertisement B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.): Names of DBEs Solicited DDate of Initial Solicitation Follow Up Methods and Dates Local Assistance Procedures Manual Exhibit 15-G Construction Contract DBE Commitment Federal Requirements Forms for Federal-Aid Construction Projects 1270-12 Exhibit 15-H DBE Information – Good Faith Efforts C. The items of work made available to DBE firms including those unbundled contract work items into economically feasible units to facilitate DBE participation. It is the bidder’s responsiblitiy to demonstrate that sufficient work to facilitate DBE participation in order to meet or exceed the DBE contract goal. Items of Work Bidder Normally Performs Item (Y/N) Breakdown of Items Amount ($) Percentage Of Contract D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each DBE if the selected firm is not a DBE: Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs: Names, addresses and phone numbers of firms selected for the work above: E. Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs in obtaining information related to the plans, specifications and requirements for the work which was provided to DBEs: Local Assistance Procedures Manual Exhibit 15-G Construction Contract DBE Commitment Federal Requirements Forms for Federal-Aid Construction Projects 1270-13 Exhibit 15-H DBE Information – Good Faith Efforts F. Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs in obtaining bonding, lines of credit or insurance, necessary equipment, supplies, materials or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate: G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.): Name of Agency/Organization Method/Date of Contact Results H. Any additional data to support a demonstration of good faith efforts: Federal Requirements Forms for Federal-Aid Construction Projects 1270-14 Exhibit 12-B Bidder’s List of Subcontractors (DBE and Non-DBE) Exhibit 12-B Bidder’s List of subcontractor (DBE and Non-DBE) - Part 1 As of March 1, 2015, Contractors (and sub-contractors) wishing to bid on public works contracts shall be registered with the State Division of Industrial Relations and certified to bid on Public Works contracts. Please register at: https://www.dir.ca.gov/Public-Works/Contractor-Registration.html. The City will verify registration of all contractors and subcontractors on public works projects at bid and thereafter annually to assure that yearly registration is maintained throughout the life of the project. In accordance with Title 49, Section 26.11 of the Code of Federal Regulations, and Section 4104 of the Public Contract Code of the State of California, as amended, the following information is required for each sub-contractor who will perform work amounting to more than one half of one percent (0.5%) of the Total Base Bid or $10,000 (whichever is greater). Photocopy this form for additional firms. Federal Project Number: BRNBIL (537)_____ Subcontractor Name and Location Line Item & Description Subcontract Amount Percentage of Bid Item Sub- contracted Contractor License Number DBE (Y/N) DBE Cert Number Annual Gross Receipts DIR Reg Number Name: City, State: <$1 million <$5 million <$10 million <$15 million Age of Firm: ___ yrs. Name: City, State: <$1 million <$5 million <$10 million <$15 million Age of Firm: ___ yrs. Name: City, State: <$1 million <$5 million <$10 million <$15 million Age of Firm: ___ yrs. Name: City, State: <$1 million <$5 million <$10 million <$15 million Age of Firm: ___ yrs. Name: City, State: <$1 million <$5 million <$10 million <$15 million Age of Firm: ___ yrs. Name: City, State: <$1 million <$5 million <$10 million <$15 million Age of Firm: ___ yrs. Distribution: 1) Original-Local Agency File 2) Copy-DLAE w/ Award Package Federal Requirements Forms for Federal-Aid Construction Projects 1270-15 Exhibit 12-B Bidder’s List of Subcontractors (DBE and Non-DBE) Exhibit 12-B Bidder’s List of subcontractor (DBE and Non-DBE) Part 2 In accordance with Title 49, Section 26 of the Code of Federal Regulations, the Bidder shall list all subcontractor who provide a quote or bid but were not selected to participate as a subcontractor on this project. Photocopy this form for additional firms. Federal Project Number: BRNBIL (537) Subcontractor Name and Location Line Item & Description Subcontract Amount Percentage of Bid Item Sub- contracted Contractor License Number DBE (Y/N) DBE Cert Number Annual Gross Receipts DIR Reg Number Name: City, State: <$1 million <$5 million <$10 million <$15 million Age of Firm: ___ yrs. Name: City, State: <$1 million <$5 million <$10 million <$15 million Age of Firm: ___ yrs. Name: City, State: <$1 million <$5 million <$10 million <$15 million Age of Firm: ___ yrs. Name: City, State: <$1 million <$5 million <$10 million <$15 million Age of Firm: ___ yrs. Name: City, State: <$1 million <$5 million <$10 million <$15 million Age of Firm: ___ yrs. Name: City, State: <$1 million <$5 million <$10 million <$15 million Age of Firm: ___ yrs. Distribution: 1) Original-Local Agency File 2) Copy-DLAE w/ Award Package SECTION 1280 COMPLIANCE WITH CALIFORNIA EXECUTIVE ORDER N-6-22 RUSSIAN AGGRESSION AGAINST UKRAINE (a) Contractor shall comply with California Governor Executive Order N-6-22 regarding sanctions in response to Russian aggression in the Country of Ukraine, and any implementing guidelines and/or economic sanctions imposed by the United States government in response to Russian actions in Ukraine, as well as any sanctions imposed under California law (collectively “economic sanctions”). Contractor shall comply with all such economic sanctions. By submitting a bid to the City, Contractor agrees to take any and all actions to support the Ukrainian government and people as required by law, including by refraining from new investments in, and financial transactions with, Russian institutions or companies that are headquartered or have their principal place of business in Russia (Russian entities), not transferring technology to Russia or Russian entities, and directly providing support to the government and people of Ukraine. (b) If bidding on a contract for Five Million Dollars ($5,000,000) or more, Contractor shall submit a written report to the City on Contractor’s compliance with the economic sanctions, and the steps Contractor has taken in response to Russia's actions in Ukraine, including, but not limited to, desisting from making new investments in, or engaging in financial transactions with, Russian entities, not transferring technology to Russia or Russian entities, and directly providing support to the government and people of Ukraine as required by law. Failure to submit the report required by this Section may deem Contractor’s bid non- responsive. Please include a written report to the City if this section is applicable. SECTION 1290 COMPLIANCE WITH IRAN CONTRACTING ACT OF 2010 Pursuant to the Iran Contracting Act of 2010 (Pub. Contract Code, § 2200 et seq.), (a)Contractor shall be ineligible to bid on or submit a proposal for any contract for One Million Dollars ($1,000,000) or more if Contractor engages in investment activities in Iran as defined in Public Contract Code Section 2202.5, and/or if Contractor is identified on the list of persons engaging in investment activities in Iran prepared by the State of California pursuant to Public Contract Code Section 2203 subdivision (b). (b)For bids of One Million Dollars ($1,000,000) or more, Contractor must certify that it is not on the list of ineligible vendors prohibited from doing business with the State of California and shall complete the Iran Contracting Act Certification and submit with their proposal at the time of bid. Contractor shall obtain the Iran Contracting Act Certification in the form approved by the State of California, or upon written request to the City Clerk’s Office, a copy of the form will be provided to Contractor. Failure by Contractor to provide the certification required by this Section may deem Contractor’s bid non-responsive. (c)Nothing in this Section is intended to prevent the City from exercising its rights pursuant to Public Contract Code section 2203, subdivision (c) or (d), or both, on a case-by-case basis. 1290-2 Iran Contracting Act Certification IRAN CONTRACTING ACT CERTIFICATION Pursuant to the Iran Contract Act of 2010 (Public Contract Code 2200-2208), Vendors/Bidders are ineligible to bid on or submit a proposal for any contract with a public entity for goods or services of one million dollars ($1,000,000) or more if the Vendor/Bidder engages in investment activities in Iran. MUST BE SUBMITTED WITH BID PROPOSAL IF BID AMOUNT IS $1,000,000 OR MORE Prior to bidding on, submitting a proposal, or executing a contract or renewal for a public entity contract for goods or services of $1,000,000 or more, a vendor must either: a) certify it is not on the current list of persons engaged in investment activities in Iran created by the California Department of General Services (“DGS”) pursuant to Public Contract Code section 2203(b) and is not a financial institution extending $20,000,000 or more in credit to another person, for 45 days or more, if that other person will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS; or b) demonstrate it has been exempted from the certification requirement for that solicitation or contract pursuant to Public Contract Code section 2203(c) or (d). To comply with this requirement, please insert your vendor or financial institution name and Federal ID Number (if available) and complete one of the options below. Please note: California law establishes penalties for providing false certifications, including civil penalties equal to the greater of $250,000 or twice the amount of the contract for which the false certification was made, contract termination, and three-year ineligibility to bid on contracts. (Pub. Cont. Code § 2205.) OPTION #1 - CERTIFICATION I, the official named below, certify I am duly authorized to execute this certification on behalf of the vendor/financial institution identified below, and the vendor/financial institution identified below is not on the current list of persons engaged in investment activities in Iran created by DGS and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person/vendor, for 45 days or more, if that other person/vendor will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Vendor Name/Financial Institution (Printed) Federal ID Number (or n/a) By (Authorized Signature) Printed Name and Title of Person Signing Date Executed 1290-3Iran Contracting Act Certification OPTION #2 – EXEMPTION Pursuant to Public Contract Code sections 2203(c) and (d), a public entity may permit a vendor/financial institution engaged in investment activities in Iran, on a case-by-case basis, to be eligible for, or to bid on, submit a proposal for, or enters into or renews, a contract for goods and services. If you have obtained an exemption from the certification requirement under the Iran Contracting Act, please fill out the information below, and attach documentation demonstrating the exemption approval. Vendor Name/Financial Institution (Printed) Federal ID Number (or n/a) By (Authorized Signature) Printed Name and Title of Person Signing Date Executed Contract 1300-1 SECTION 1300 CONTRACT THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal corporation, herein referred to as "City,” and _______________________________, herein referred to as, "Contractor." WITNESSETH: In consideration of their mutual covenants, the parties hereto agree as follows: 1. Contractor shall furnish all necessary labor, material, equipment, transportation and services for City Project No. 2011-05, Federal Project No. BRNBIL (537), Dune Palms Road Bridge Improvements in the City of La Quinta, California pursuant to the Invitation to Bid, dated August 2022, the project Specifications, and Contractor's Bid, all of which documents shall be considered a part hereof as though fully set herein. Should any provisions of Contractor's Bid be in conflict with the Notice Inviting Bids, Specifications, or this Contract, then the provisions of said Contract, Specifications, and Invitation to Bid shall be controlling, in that order of precedence. The time frame for construction work shall be in accordance with that specified in the Invitation to Bid. 2. Contractor will comply with all Federal, State, County, and La Quinta Municipal Code, which are, as amended from time to time, incorporated herein by reference. 3. All work shall be done in a manner satisfactory to the City Engineer. 4. Contractor shall commence work after the issuance of a written Notice to Proceed and agrees to have all work completed within 475 working days from the date of Notification to Proceed. 5. In consideration of said work, City agrees to pay Contractor such sums as shall be approved by the City Engineer at lump sums and/or unit prices stated in the Contractor's Bid, the base consideration (Type in correct dollar amount using currency format)______________________________________________________________ ___________ ($_____,_____.00). All payments shall be subject to approval by the City Engineer and shall be in accordance with the terms, conditions, and procedures provided in the Specifications. 6. The Contractor shall not knowingly pay less than the general prevailing rate for per diem wages, as determined by the State of California Department of Industrial Relations and referred to in the Invitation to Bid, to any workman employed for the work to be performed under this contract; and the Contractor shall forfeit as a penalty to the City the sum of Twenty-Five Dollars ($25.00) for each calendar day, or fraction thereof, for such workman paid by him or by any subcontractor under him in violation of this provision (Sections 1770-1777, Labor Code of California). Contract 1300-2 Pursuant to Section 1770, et. seq., of the California Labor Code, the successful bidder shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. These wage rates are available from the California Department of Industrial Relations’ Internet website at http://www.dir.ca.gov. The Contractor and Sub-Contractors shall comply with the Davis-Bacon Fair Labor Standards Act (23 USC 113), and the implementation regulations issued pursuant thereto (29 CFR Section 1, 3, and 5) and any amendments thereof. The applicable wage rates in effect within 10 days of the bid opening shall be used. These wage rates are available from the Wage Determinations Online’s website at: beta.sam.gov. If a difference exists between the Prevailing rate established by the State Department of Industrial Relations and the Federal Prevailing rates, the higher of the two rates will be used. **Remainder of Page Blank** Contract 1300-3 "General Decision Number: CA20220025 08/12/2022 Superseded General Decision Number: CA20210025 State: California Construction Types: Building, Heavy (Heavy and Dredging) and Highway County: Riverside County in California. BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). ______________________________________________________________ |If the contract is entered |. Executive Order 14026 | |into on or after January 30, | generally applies to the | |2022, or the contract is | contract. | |renewed or extended (e.g., an |. The contractor must pay | |option is exercised) on or | all covered workers at | |after January 30, 2022: | least $15.00 per hour (or | | | the applicable wage rate | | | listed on this wage | | | determination, if it is | | | higher) for all hours | | | spent performing on the | | | contract in 2022. | |______________________________|_____________________________| |If the contract was awarded on|. Executive Order 13658 | |or between January 1, 2015 and| generally applies to the | |January 29, 2022, and the | contract. | |contract is not renewed or |. The contractor must pay all| |extended on or after January | covered workers at least | |30, 2022: | $11.25 per hour (or the | | | applicable wage rate listed| | | on this wage determination,| | | if it is higher) for all | | | hours spent performing on | | | that contract in 2022. | |______________________________|_____________________________| The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at https://www.dol.gov/agencies/whd/government-contracts. Modification Number Publication Date 0 01/07/2022 1 01/14/2022 2 01/21/2022 3 02/11/2022 4 02/18/2022 5 02/25/2022 6 04/29/2022 7 08/05/2022 8 08/12/2022 Contract 1300-4 ASBE0005-002 09/01/2021 Rates Fringes Asbestos Workers/Insulator (Includes the application of all insulating materials, protective coverings, coatings, and finishes to all types of mechanical systems).....$ 47.25 24.45 Fire Stop Technician (Application of Firestopping Materials for wall openings and penetrations in walls, floors, ceilings and curtain walls)...........................$ 32.09 19.66 ---------------------------------------------------------------- ASBE0005-004 07/05/2021 Rates Fringes Asbestos Removal worker/hazardous material handler (Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not)....$ 22.40 13.07 ---------------------------------------------------------------- BOIL0092-003 01/01/2021 Rates Fringes BOILERMAKER......................$ 46.03 38.81 ---------------------------------------------------------------- * BRCA0004-011 05/01/2020 Rates Fringes BRICKLAYER; MARBLE SETTER........$ 41.48 18.63 *The wage scale for prevailing wage projects performed in Blythe, China lake, Death Valley, Fort Irwin, Twenty-Nine Palms, Needles and 1-15 corridor (Barstow to the Nevada State Line) will be Three Dollars ($3.00) above the standard San Bernardino/Riverside County hourly wage rate ---------------------------------------------------------------- BRCA0018-004 06/01/2021 Rates Fringes MARBLE FINISHER..................$ 35.90 14.11 TILE FINISHER....................$ 30.47 12.52 TILE LAYER.......................$ 43.09 18.31 ---------------------------------------------------------------- BRCA0018-010 09/01/2021 Rates Fringes TERRAZZO FINISHER................$ 35.43 14.10 TERRAZZO WORKER/SETTER...........$ 43.61 14.63 ---------------------------------------------------------------- CARP0213-001 07/01/2021 Rates Fringes CARPENTER (1) Carpenter, Cabinet Installer, Insulation Contract 1300-5 Installer, Hardwood Floor Worker and acoustical installer...................$ 51.60 16.28 (2) Millwright..............$ 52.10 16.48 (3) Piledrivermen/Derrick Bargeman, Bridge or Dock Carpenter, Heavy Framer, Rock Bargeman or Scowman, Rockslinger, Shingler (Commercial)................$ 51.73 16.28 (4) Pneumatic Nailer, Power Stapler...............$ 51.85 16.28 (5) Sawfiler...............$ 51.69 16.28 (6) Scaffold Builder.......$ 42.80 16.28 (7) Table Power Saw Operator....................$ 51.70 16.28 FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H-Beams driven or placed in pre- drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a substitute for back forms (which work is performed by piledrivers): $0.13 per hour additional. ---------------------------------------------------------------- CARP0213-002 07/01/2021 Rates Fringes Diver (1) Wet.....................$ 834.40 16.28 (2) Standby.................$ 445.84 16.28 (3) Tender..................$ 437.84 16.28 (4) Assistant Tender........$ 413.84 16.28 Amounts in ""Rates' column are per day ---------------------------------------------------------------- CARP0213-004 07/01/2021 Rates Fringes Drywall DRYWALL INSTALLER/LATHER....$ 51.60 16.28 STOCKER/SCRAPPER............$ 22.16 8.62 ---------------------------------------------------------------- CARP0721-001 07/01/2021 Rates Fringes Modular Furniture Installer......$ 21.85 7.15 ---------------------------------------------------------------- ELEC0440-001 12/27/2021 Rates Fringes ELECTRICIAN INSIDE ELECTRICIAN..........$ 49.73 3%+24.44 INTELLIGENT TRANSPORTATION SYSTEMS Electrician................$ 36.99 3%+23.18 Technician.................$ 27.75 3%+23.18 ZONE PAY: Zone A: Free travel zone for all contractors performing work in Zone A. Zone B:Any work performed in Zone (B) shall add $12.00 per hour to the current wage scale. Zone (B) shall be the area from the eastern perimeter of Zone (A) to a line which runs north and south begininng at Little Morongo Canyon (San Bernardino/Riverside County Line), Southeast along the Coachella Tunnels, Colorado River Aqueduct and Mecca Tunnels to Pinkham Wash then South to Box Canyon Road, then southwest along Box Canyon Road to Highway 195 west onto 195 south to Highway 86 to Riverside/Imperial County Line. Contract 1300-6 ---------------------------------------------------------------- ELEC1245-001 06/01/2022 Rates Fringes LINE CONSTRUCTION (1) Lineman; Cable splicer..$ 64.40 22.58 (2) Equipment specialist (operates crawler tractors, commercial motor vehicles, backhoes, trenchers, cranes (50 tons and below), overhead & underground distribution line equipment).............$ 50.00 21.30 (3) Groundman...............$ 38.23 20.89 (4) Powderman...............$ 51.87 18.79 HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day ---------------------------------------------------------------- ELEV0018-001 01/01/2022 Rates Fringes ELEVATOR MECHANIC................$ 61.34 36.885+a+b FOOTNOTE: a. PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. b. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. ---------------------------------------------------------------- ENGI0012-003 07/01/2020 Rates Fringes OPERATOR: Power Equipment (All Other Work) GROUP 1....................$ 48.25 27.20 GROUP 2....................$ 49.03 27.20 GROUP 3....................$ 49.32 27.20 GROUP 4....................$ 50.81 27.20 GROUP 5....................$ 48.96 25.25 GROUP 6....................$ 51.03 27.20 GROUP 8....................$ 51.14 27.20 GROUP 9....................$ 49.29 25.25 GROUP 10....................$ 51.26 27.20 GROUP 11....................$ 49.41 25.25 GROUP 12....................$ 51.43 27.20 GROUP 13....................$ 51.53 27.20 GROUP 14....................$ 51.56 27.20 GROUP 15....................$ 51.64 27.20 GROUP 16....................$ 51.76 27.20 GROUP 17....................$ 51.93 27.20 GROUP 18....................$ 52.03 27.20 GROUP 19....................$ 52.14 27.20 GROUP 20....................$ 52.26 27.20 GROUP 21....................$ 52.43 27.20 GROUP 22....................$ 52.53 27.20 GROUP 23....................$ 52.64 27.20 GROUP 24....................$ 52.76 27.20 GROUP 25....................$ 52.93 27.20 OPERATOR: Power Equipment (Cranes, Piledriving & Hoisting) GROUP 1....................$ 49.60 27.20 GROUP 2....................$ 50.38 27.20 Contract 1300-7 GROUP 3....................$ 50.67 27.20 GROUP 4....................$ 50.81 27.20 GROUP 5....................$ 51.03 27.20 GROUP 6....................$ 51.14 27.20 GROUP 7....................$ 51.26 27.20 GROUP 8....................$ 51.43 27.20 GROUP 9....................$ 51.60 27.20 GROUP 10....................$ 52.60 27.20 GROUP 11....................$ 53.60 27.20 GROUP 12....................$ 54.60 27.20 GROUP 13....................$ 55.60 27.20 OPERATOR: Power Equipment (Tunnel Work) GROUP 1....................$ 50.10 27.20 GROUP 2....................$ 50.88 27.20 GROUP 3....................$ 51.17 27.20 GROUP 4....................$ 51.31 27.20 GROUP 5....................$ 51.53 27.20 GROUP 6....................$ 51.64 27.20 GROUP 7....................$ 51.76 27.20 PREMIUM PAY: $3.75 per hour shall be paid on all Power Equipment Operator work on the followng Military Bases: China Lake Naval Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base, Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp Pendleton Workers required to suit up and work in a hazardous material environment: $2.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator. SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator operator-inside; Engineer Oiler; Forklift operator (includes loed, lull or similar types under 5 tons; Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman GROUP 2: Asphalt-rubber plant operator (nurse tank operator); Concrete mixer operator-skip type; Conveyor operator; Fireman; Forklift operator (includes loed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or concrete plant); Petromat laydown machine; PJU side dum jack; Screening and conveyor machine operator (or similar types); Skiploader (wheel type up to 3/4 yd. without attachment); Tar pot fireman; Temporary heating plant operator; Trenching machine oiler GROUP 3: Asphalt-rubber blend operator; Bobcat or similar type (Skid steer); Equipment greaser (rack); Ford Ferguson (with dragtype attachments); Helicopter radioman (ground); Stationary pipe wrapping and cleaning machine operator GROUP 4: Asphalt plant fireman; Backhoe operator (mini-max or similar type); Boring machine operator; Boxman or mixerman (asphalt or concrete); Chip spreading machine operator; Concrete cleaning decontamination machine operator; Concrete Pump Operator (small portable); Drilling machine operator, small auger types (Texoma super economatic or similar types - Hughes 100 or 200 or similar types - drilling depth of 30' maximum); Equipment greaser (grease truck); Guard rail post driver operator; Highline cableway signalman; Hydra-hammer-aero stomper; Micro Tunneling (above ground tunnel); Power concrete curing machine operator; Power concrete saw operator; Power-driven jumbo form setter operator; Power sweeper operator; Rock Wheel Saw/Trencher; Roller operator (compacting); Screed operator Contract 1300-8 (asphalt or concrete); Trenching machine operator (up to 6 ft.); Vacuum or much truck GROUP 5: Equipment Greaser (Grease Truck/Multi Shift). GROUP 6: Articulating material hauler; Asphalt plant engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type); Concrete planer operator; Dandy digger; Deck engine operator; Derrickman (oilfield type); Drilling machine operator, bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45' maximum); Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed), Jackson track maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt); Mechanical finisher operator (concrete, Clary-Johnson-Bidwell or similar); Micro tunnel system (below ground); Pavement breaker operator (truck mounted); Road oil mixing machine operator; Roller operator (asphalt or finish), rubber-tired earth moving equipment (single engine, up to and including 25 yds. struck); Self-propelled tar pipelining machine operator; Skiploader operator (crawler and wheel type, over 3/4 yd. and up to and including 1-1/2 yds.); Slip form pump operator (power driven hydraulic lifting device for concrete forms); Tractor operator-bulldozer, tamper-scraper (single engine, up to 100 h.p. flywheel and similar types, up to and including D-5 and similar types); Tugger hoist operator (1 drum); Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator GROUP 8: Asphalt or concrete spreading operator (tamping or finishing); Asphalt paving machine operator (Barber Greene or similar type); Asphalt-rubber distribution operator; Backhoe operator (up to and including 3/4 yd.), small ford, Case or similar; Cast-in-place pipe laying machine operator; Combination mixer and compressor operator (gunite work); Compactor operator (self-propelled); Concrete mixer operator (paving); Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 700, 800 auger or similar types - drilling depth of 60' maximum); Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy-duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or similar type; Loader operator (Athey, Euclid, Sierra and similar types); Mobark Chipper or similar; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pumpcrete gun operator; Rock Drill or similar types; Rotary drill operator (excluding caisson type); Rubber-tired earth-moving equipment operator (single engine, caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck); Rubber-tired earth-moving equipment operator (multiple engine up to and including 25 yds. struck); Rubber-tired scraper operator (self-loading paddle wheel type-John Deere, 1040 and similar single unit); Self- propelled curb and gutter machine operator; Shuttle buggy; Skiploader operator (crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds.); Soil remediation plant operator; Surface heaters and planer operator; Tractor compressor drill combination operator; Tractor operator (any type larger than D-5 - 100 flywheel h.p. and over, or similar-bulldozer, tamper, scraper and push tractor single engine); Tractor operator (boom attachments), Traveling pipe wrapping, cleaning and bendng machine operator; Trenching machine operator (over 6 ft. depth capacity, manufacturer's rating); trenching Machine with Road Miner Contract 1300-9 attachment (over 6 ft depth capacity): Ultra high pressure waterjet cutting tool system mechanic; Water pull (compaction) operator GROUP 9: Heavy Duty Repairman GROUP 10: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types-Watson 3000 or 5000 auger or similar types-Texoma 900 auger or similar types-drilling depth of 105' maximum); Dual drum mixer, dynamic compactor LDC350 (or similar types); Monorail locomotive operator (diesel, gas or electric); Motor patrol-blade operator (single engine); Multiple engine tractor operator (Euclid and similar type-except Quad 9 cat.); Rubber-tired earth-moving equipment operator (single engine, over 50 yds. struck); Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber-tired earth-moving equipment operator (single engine, over 50 yds. struck); Rubber tired earth moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck), Tower crane repairman; Tractor loader operator (crawler and wheel type over 6-1/2 yds.); Woods mixer operator (and similar Pugmill equipment) GROUP 11: Heavy Duty Repairman - Welder Combination, Welder - Certified. GROUP 12: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types - Watson, auger 6000 or similar types - Hughes Super Duty, auger 200 or similar types - drilling depth of 175' maximum); Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi-engine); Pipe mobile machine operator; Rubber-tired earth- moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck); Rubber-tired self- loading scraper operator (paddle-wheel-auger type self-loading - two (2) or more units) GROUP 13: Rubber-tired earth-moving equipment operator operating equipment with push-pull system (single engine, up to and including 25 yds. struck) GROUP 14: Canal liner operator; Canal trimmer operator; Remote- control earth-moving equipment operator (operating a second piece of equipment: $1.00 per hour additional); Wheel excavator operator (over 750 cu. yds.) GROUP 15: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine-up to and including 25 yds. struck) GROUP 16: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 17: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck); Tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type) GROUP 18: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar Contract 1300-10 types in any combination, excluding compaction units - single engine, up to and including 25 yds. struck) GROUP 19: Rotex concrete belt operator (or similar types); Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu. yds. struck); Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, up to and including 25 yds. struck) GROUP 20: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps, and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 21: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) GROUP 22: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, up to and including 25 yds. struck) GROUP 23: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired earth-moving equipment operator, operating with the tandem push-pull system (multiple engine, up to and including 25 yds. struck) GROUP 24: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 25: Concrete pump operator-truck mounted; Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator (includes loed, lull or similar types) GROUP 2: Truck crane oiler GROUP 3: A-frame or winch truck operator; Ross carrier operator (jobsite) GROUP 4: Bridge-type unloader and turntable operator; Helicopter hoist operator GROUP 5: Hydraulic boom truck; Stinger crane (Austin-Western or similar type); Tugger hoist operator (1 drum) GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type); Lift mobile Contract 1300-11 operator; Lift slab machine operator (Vagtborg and similar types); Material hoist and/or manlift operator; Polar gantry crane operator; Self Climbing scaffold (or similar type); Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane repair; Tugger hoist operator (3 drum) GROUP 8: Crane operator (up to and including 25 ton capacity); Crawler transporter operator; Derrick barge operator (up to and including 25 ton capacity); Hoist operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds., M.R.C.) GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K-crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons GROUP 10: Crane operator (over 50 tons and up to and including 100 tons mrc); Derrick barge operator (over 50 tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc), Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C.); Tower crane operator and tower gantry GROUP 11: Crane operator (over 100 tons and up to and including 200 tons mrc); Derrick barge operator (over 100 tons up to and including 200 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc); Mobile tower crane operator (over 100 tons up to and including 200 tons mrc) GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc); Derrick barge operator (over 200 tons up to and including 300 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and including 300 tons mrc); Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc) GROUP 13: Crane operator (over 300 tons); Derrick barge operator (over 300 tons); Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons); Mobile tower crane operator (over 300 tons) TUNNEL CLASSIFICATIONS GROUP 1: Skiploader (wheel type up to 3/4 yd. without attachment) GROUP 2: Power-driven jumbo form setter operator GROUP 3: Dinkey locomotive or motorperson (up to and including 10 tons) GROUP 4: Bit sharpener; Equipment greaser (grease truck); Slip form pump operator (power-driven hydraulic lifting device for concrete forms); Tugger hoist operator (1 drum); Tunnel locomotive operator (over 10 and up to and including 30 tons) GROUP 5: Backhoe operator (up to and including 3/4 yd.); Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy-duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types); Mucking machine operator (1/4 yd., rubber-tired, rail or track type); Pneumatic concrete placing machine operator Contract 1300-12 (Hackley-Presswell or similar type); Pneumatic heading shield (tunnel); Pumpcrete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum); Tunnel locomotive operator (over 30 tons) GROUP 6: Heavy Duty Repairman GROUP 7: Tunnel mole boring machine operator ENGINEERS ZONES $1.00 additional per hour for all of IMPERIAL County and the portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as defined below: That area within the following Boundary: Begin in San Bernardino County, approximately 3 miles NE of the intersection of I-15 and the California State line at that point which is the NW corner of Section 1, T17N,m R14E, San Bernardino Meridian. Continue W in a straight line to that point which is the SW corner of the northwest quarter of Section 6, T27S, R42E, Mt. Diablo Meridian. Continue North to the intersection with the Inyo County Boundary at that point which is the NE corner of the western half of the northern quarter of Section 6, T25S, R42E, MDM. Continue W along the Inyo and San Bernardino County boundary until the intersection with Kern County, as that point which is the SE corner of Section 34, T24S, R40E, MDM. Continue W along the Inyo and Kern County boundary until the intersection with Tulare County, at that point which is the SW corner of the SE quarter of Section 32, T24S, R37E, MDM. Continue W along the Kern and Tulare County boundary, until that point which is the NW corner of T25S, R32E, MDM. Continue S following R32E lines to the NW corner of T31S, R32E, MDM. Continue W to the NW corner of T31S, R31E, MDM. Continue S to the SW corner of T32S, R31E, MDM. Continue W to SW corner of SE quarter of Section 34, T32S, R30E, MDM. Continue S to SW corner of T11N, R17W, SBM. Continue E along south boundary of T11N, SBM to SW corner of T11N, R7W, SBM. Continue S to SW corner of T9N, R7W, SBM. Continue E along south boundary of T9N, SBM to SW corner of T9N, R1E, SBM. Continue S along west boundary of R1E, SMB to Riverside County line at the SW corner of T1S, R1E, SBM. Continue E along south boundary of T1s, SBM (Riverside County Line) to SW corner of T1S, R10E, SBM. Continue S along west boundary of R10E, SBM to Imperial County line at the SW corner of T8S, R10E, SBM. Continue W along Imperial and Riverside county line to NW corner of T9S, R9E, SBM. Continue S along the boundary between Imperial and San Diego Counties, along the west edge of R9E, SBM to the south boundary of Imperial County/California state line. Follow the California state line west to Arizona state line, then north to Nevada state line, then continuing NW back to start at the point which is the NW corner of Section 1, T17N, R14E, SBM $1.00 additional per hour for portions of SAN LUIS OBISPO, KERN, SANTA BARBARA & VENTURA as defined below: That area within the following Boundary: Begin approximately 5 miles north of the community of Cholame, on the Monterey County and San Luis Obispo County boundary at the NW corner of T25S, R16E, Mt. Diablo Meridian. Continue south along the west side of R16E to the SW corner of T30S, R16E, MDM. Continue E to SW corner of T30S, R17E, MDM. Continue S to SW corner of T31S, R17E, MDM. Continue E to SW corner of T31S, R18E, MDM. Continue S along West side of R18E, MDM as it crosses into San Bernardino Meridian numbering area and becomes R30W. Follow the west side of R30W, SBM to the SW corner of T9N, R30W, SBM. Continue E along the south edge of T9N, SBM to the Santa Barbara County and Ventura County boundary at that point whch is the SW corner of Section 34.T9N, R24W, SBM, continue S along the Ventura County line to that point which is the SW corner of the SE quarter of Section 32, T7N, R24W, SBM. Continue E along the south edge of T7N, SBM to the SE corner to T7N, R21W, SBM. Continue N along East side of R21W, SBM to Ventura County Contract 1300-13 and Kern County boundary at the NE corner of T8N, R21W. Continue W along the Ventura County and Kern County boundary to the SE corner of T9N, R21W. Continue North along the East edge of R21W, SBM to the NE corner of T12N, R21W, SBM. Continue West along the north edge of T12N, SBM to the SE corner of T32S, R21E, MDM. [T12N SBM is a think strip between T11N SBM and T32S MDM]. Continue North along the East side of R21E, MDM to the Kings County and Kern County border at the NE corner of T25S, R21E, MDM, continue West along the Kings County and Kern County Boundary until the intersection of San Luis Obispo County. Continue west along the Kings County and San Luis Obispo County boundary until the intersection with Monterey County. Continue West along the Monterey County and San Luis Obispo County boundary to the beginning point at the NW corner of T25S, R16E, MDM. $2.00 additional per hour for INYO and MONO Counties and the Northern portion of SAN BERNARDINO County as defined below: That area within the following Boundary: Begin at the intersection of the northern boundary of Mono County and the California state line at the point which is the center of Section 17, T10N, R22E, Mt. Diablo Meridian. Continue S then SE along the entire western boundary of Mono County, until it reaches Inyo County at the point which is the NE corner of the Western half of the NW quarter of Section 2, T8S, R29E, MDM. Continue SSE along the entire western boundary of Inyo County, until the intersection with Kern County at the point which is the SW corner of the SE 1/4 of Section 32, T24S, R37E, MDM. Continue E along the Inyo and Kern County boundary until the intersection with San Bernardino County at that point which is the SE corner of section 34, T24S, R40E, MDM. Continue E along the Inyo and San Bernardino County boundary until the point which is the NE corner of the Western half of the NW quarter of Section 6, T25S, R42E, MDM. Continue S to that point which is the SW corner of the NW quarter of Section 6, T27S, R42E, MDM. Continue E in a straight line to the California and Nevada state border at the point which is the NW corner of Section 1, T17N, R14E, San Bernardino Meridian. Then continue NW along the state line to the starting point, which is the center of Section 18, T10N, R22E, MDM. REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE ---------------------------------------------------------------- ENGI0012-004 08/01/2020 Rates Fringes OPERATOR: Power Equipment (DREDGING) (1) Leverman................$ 56.40 30.00 (2) Dredge dozer............$ 50.43 30.00 (3) Deckmate................$ 50.32 30.00 (4) Winch operator (stern winch on dredge)............$ 49.77 30.00 (5) Fireman-Oiler, Deckhand, Bargeman, Leveehand...................$ 49.23 30.00 (6) Barge Mate..............$ 49.84 30.00 ---------------------------------------------------------------- IRON0433-006 07/01/2020 Rates Fringes IRONWORKER Fence Erector...............$ 34.58 24.81 Ornamental, Reinforcing and Structural..............$ 41.00 33.45 PREMIUM PAY: Contract 1300-14 $6.00 additional per hour at the following locations: China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland, Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB $4.00 additional per hour at the following locations: Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center $2.00 additional per hour at the following locations: Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ---------------------------------------------------------------- LABO0300-005 03/01/2021 Rates Fringes Asbestos Removal Laborer.........$ 37.49 21.88 SCOPE OF WORK: Includes site mobilization, initial site cleanup, site preparation, removal of asbestos-containing material and toxic waste, encapsulation, enclosure and disposal of asbestos- containing materials and toxic waste by hand or with equipment or machinery; scaffolding, fabrication of temporary wooden barriers and assembly of decontamination stations. ---------------------------------------------------------------- LABO0345-001 07/01/2021 Rates Fringes LABORER (GUNITE) GROUP 1.....................$ 46.50 20.42 GROUP 2.....................$ 45.55 20.42 GROUP 3.....................$ 42.01 20.42 FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a Bosn'n's Chair or suspended from a rope or cable shall receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and/or shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal-to-portal basis. Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of 75'-0"" above base level and which work must be performed in whole or in part more than 75'-0"" above base level, that work performed above the 75'-0"" level shall be compensated for at 35 cents per hour above the applicable classification wage rate. GUNITE LABORER CLASSIFICATIONS GROUP 1: Rodmen, Nozzlemen GROUP 2: Gunmen GROUP 3: Reboundmen ---------------------------------------------------------------- LABO1184-001 07/01/2021 Rates Fringes Laborers: (HORIZONTAL Contract 1300-15 DIRECTIONAL DRILLING) (1) Drilling Crew Laborer...$ 38.89 17.10 (2) Vehicle Operator/Hauler.$ 39.06 17.10 (3) Horizontal Directional Drill Operator..............$ 40.91 17.10 (4) Electronic Tracking Locator.....................$ 42.91 17.10 Laborers: (STRIPING/SLURRY SEAL) GROUP 1.....................$ 40.10 20.12 GROUP 2.....................$ 41.40 20.12 GROUP 3.....................$ 43.41 20.12 GROUP 4.....................$ 45.15 20.12 LABORERS - STRIPING CLASSIFICATIONS GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and preparation of surface for coatings. Traffic control person: controlling and directing traffic through both conventional and moving lane closures; operation of all related machinery and equipment GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the application process. Traffic protective delineating system installer: removes, relocates, installs, permanently affixed roadside and parking delineation barricades, fencing, cable anchor, guard rail, reference signs, monument markers; operation of all related machinery and equipment; power broom sweeper GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all related machinery and equipment ---------------------------------------------------------------- LABO1184-002 07/01/2020 Rates Fringes LABORER (TUNNEL) GROUP 1.....................$ 42.54 21.04 GROUP 2.....................$ 42.86 21.04 GROUP 3.....................$ 43.32 21.04 GROUP 4.....................$ 44.01 21.04 LABORER GROUP 1.....................$ 36.39 21.04 GROUP 2.....................$ 36.94 21.04 GROUP 3.....................$ 37.49 21.04 GROUP 4.....................$ 39.04 21.04 GROUP 5.....................$ 39.39 21.04 LABORER CLASSIFICATIONS GROUP 1: Cleaning and handling of panel forms; Concrete screeding for rough strike-off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and/or water pipeline laborer; Laborer, asphalt-rubber material Contract 1300-16 loader; Laborer, general or construction; Laborer, general clean-up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator (walls, slabs, floors and decks); Plugging, filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Streetcar and railroad construction track laborers; Rigging and signaling; Scaler; Slip form raiser; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bulk cement); Cesspool digger and installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and/or water pipeline wrapper - pot tender and form person; Guinea chaser; Headerboard person - asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer(lead); Tank scaler and cleaner; Tree climber, faller, chain saw operator, Pittsburgh chipper and similar type brush shredder; Underground laborer, including caisson bellower GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6-in. pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydro seeder and similar type; Impact wrench multi-plate; Kettle person, pot person and workers applying asphalt, lay-kold, creosote, lime caustic and similar type materials (""applying"" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic, gas, electric tools, vibrating machine, pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type; Trenching machine, hand-propelled GROUP 4: Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand-guided lagging hammer; Head rock slinger; Laborer, asphalt- rubber distributor boot person; Laser beam in connection with laborers' work; Oversize concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non-metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No-joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster (nozzle person), water blasting, Porta Shot-Blast GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, Contract 1300-17 regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power; Toxic waste removal TUNNEL LABORER CLASSIFICATIONS GROUP 1: Batch plant laborer; Changehouse person; Dump person; Dump person (outside); Swamper (brake person and switch person on tunnel work); Tunnel materials handling person; Nipper; Pot tender, using mastic or other materials (for example, but not by way of limitation, shotcrete, etc.) GROUP 2: Chucktender, cabletender; Loading and unloading agitator cars; Vibrator person, jack hammer, pneumatic tools (except driller); Bull gang mucker, track person; Concrete crew, including rodder and spreader GROUP 3: Blaster, driller, powder person; Chemical grout jet person; Cherry picker person; Grout gun person; Grout mixer person; Grout pump person; Jackleg miner; Jumbo person; Kemper and other pneumatic concrete placer operator; Miner, tunnel (hand or machine); Nozzle person; Operating of troweling and/or grouting machines; Powder person (primer house); Primer person; Sandblaster; Shotcrete person; Steel form raiser and setter; Timber person, retimber person, wood or steel; Tunnel Concrete finisher GROUP 4: Diamond driller; Sandblaster; Shaft and raise work ---------------------------------------------------------------- * LABO1184-004 07/01/2022 Rates Fringes Brick Tender.....................$ 37.32 23.18 ---------------------------------------------------------------- LABO1414-001 08/05/2020 Rates Fringes LABORER PLASTER CLEAN-UP LABORER....$ 36.03 21.01 PLASTER TENDER..............$ 38.58 21.01 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- PAIN0036-001 07/01/2020 Rates Fringes Painters: (Including Lead Abatement) (1) Repaint (excludes San Diego County)...............$ 29.59 17.12 (2) All Other Work..........$ 33.12 17.24 REPAINT of any previously painted structure. Exceptions: work involving the aerospace industry, breweries, commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities. ---------------------------------------------------------------- PAIN0036-008 10/01/2021 Rates Fringes DRYWALL FINISHER/TAPER...........$ 43.63 22.92 ---------------------------------------------------------------- PAIN0036-015 01/01/2020 Rates Fringes Contract 1300-18 GLAZIER..........................$ 43.45 23.39 FOOTNOTE: Additional $1.25 per hour for work in a condor, from the third (3rd) floor and up Additional $1.25 per hour for work on the outside of the building from a swing stage or any suspended contrivance, from the ground up ---------------------------------------------------------------- PLAS0200-009 08/03/2022 Rates Fringes PLASTERER........................$ 47.37 19.64 ---------------------------------------------------------------- PLAS0500-002 07/01/2020 Rates Fringes CEMENT MASON/CONCRETE FINISHER...$ 38.50 25.91 ---------------------------------------------------------------- PLUM0016-001 09/01/2021 Rates Fringes PLUMBER/PIPEFITTER Work ONLY on new additions and remodeling of bars, restaurant, stores and commercial buildings not to exceed 5,000 sq. ft. of floor space.................$ 52.20 24.38 Work ONLY on strip malls, light commercial, tenant improvement and remodel work........................$ 39.91 22.71 All other work except work on new additions and remodeling of bars, restaurant, stores and commercial buildings not to exceed 5,000 sq. ft. of floor space and work on strip malls, light commercial, tenant improvement and remodel work........................$ 53.83 25.36 ---------------------------------------------------------------- PLUM0345-001 09/01/2021 Rates Fringes PLUMBER Landscape/Irrigation Fitter.$ 36.85 24.75 Sewer & Storm Drain Work....$ 40.94 22.13 ---------------------------------------------------------------- ROOF0036-002 08/01/2022 Rates Fringes ROOFER...........................$ 43.47 19.52 FOOTNOTE: Pitch premium: Work on which employees are exposed to pitch fumes or required to handle pitch, pitch base or pitch impregnated products, or any material containing coal tar pitch, the entire roofing crew shall receive $1.75 per hour ""pitch premium"" pay. ---------------------------------------------------------------- SFCA0669-002 01/01/2022 Rates Fringes SPRINKLER FITTER.................$ 41.27 26.77 Contract 1300-19 ---------------------------------------------------------------- SHEE0105-003 01/01/2022 LOS ANGELES (South of a straight line drawn between Gorman and Big Pines)and Catalina Island, INYO, KERN (Northeast part, East of Hwy 395), MONO ORANGE, RIVERSIDE, AND SAN BERNARDINO COUNTIES Rates Fringes SHEET METAL WORKER (1) Commercial - New Construction and Remodel work........................$ 50.23 29.60 (2) Industrial work including air pollution control systems, noise abatement, hand rails, guard rails, excluding aritechtural sheet metal work, excluding A-C, heating, ventilating systems for human comfort...$ 48.28 29.46 ---------------------------------------------------------------- TEAM0011-002 07/01/2020 Rates Fringes TRUCK DRIVER GROUP 1....................$ 32.59 30.59 GROUP 2....................$ 32.74 30.59 GROUP 3....................$ 32.87 30.59 GROUP 4....................$ 33.06 30.59 GROUP 5....................$ 33.09 30.59 GROUP 6....................$ 33.12 30.59 GROUP 7....................$ 33.37 30.59 GROUP 8....................$ 33.62 30.59 GROUP 9....................$ 33.82 30.59 GROUP 10....................$ 34.12 30.59 GROUP 11....................$ 34.62 30.59 GROUP 12....................$ 35.05 30.59 WORK ON ALL MILITARY BASES: PREMIUM PAY: $3.00 per hour additional. [29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB, El Centro Naval Facility, Fort Irwin, Marine Corps Logistics Base at Nebo & Yermo, Mountain Warfare Training Center, Bridgeport, Point Arguello, Point Conception, Vandenberg AFB] TRUCK DRIVERS CLASSIFICATIONS GROUP 1: Truck driver GROUP 2: Driver of vehicle or combination of vehicles - 2 axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck mounted broom GROUP 3: Driver of vehicle or combination of vehicles - 3 axles; Boot person; Cement mason distribution truck; Fuel truck driver; Water truck - 2 axle; Dump truck, less than 16 yds. water level; Erosion control driver GROUP 4: Driver of transit mix truck, under 3 yds.; Dumpcrete truck, less than 6-1/2 yds. water level GROUP 5: Water truck, 3 or more axles; Truck greaser and tire person ($0.50 additional for tire person); Pipeline and utility working truck driver, including winch truck and plastic fusion, limited to pipeline and utility work; Slurry truck driver Contract 1300-20 GROUP 6: Transit mix truck, 3 yds. or more; Dumpcrete truck, 6-1/2 yds. water level and over; Vehicle or combination of vehicles - 4 or more axles; Oil spreader truck; Dump truck, 16 yds. to 25 yds. water level GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck repair person; Water pull - single engine; Welder GROUP 9: Truck repair person/welder; Low bed driver, 9 axles or over GROUP 10: Dump truck - 50 yds. or more water level; Water pull - single engine with attachment GROUP 11: Water pull - twin engine; Water pull - twin engine with attachments; Winch truck driver - $1.25 additional when operating winch or similar special attachments GROUP 12: Boom Truck 17K and above ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of Contract 1300-21 the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Contract 1300-22 Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ================================================================ END OF GENERAL DECISION" Contract 1300-23 Pursuant to Section 1725.5 of the California Labor Code, no contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations at the time the contract is awarded. Contractors and subcontractors may find additional information for registering at the Department of Industrial Relations website at http://www.dir.ca.gov/Public- Works/PublicWorks.html. Pursuant to Labor Code section 1771.1, no contractor or subcontractor may be listed on a bid proposal for a public works project submitted on or after March 1, 2015 unless registered with the Department of Industrial Relations. Furthermore, all bidders and contractors are hereby notified that no contractor or subcontractor may be awarded, on or after April 1, 2015, a contract for public work on a public works project unless registered with the Department of Industrial Relations. Pursuant to Labor Code section 1771.4, all bidders are hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 7. Concurrently with the execution of this Contract, Contractor shall furnish bonds of a surety satisfactory to City, as provided in said Specifications or Invitation to Bid, the cost of which shall be paid by Contractor. 8. Except for the gross negligence or willful misconduct of an Indemnified Party (as hereinafter defined), the Contractor hereby assumes liability for and agrees to defend (at Indemnified Parties’ option), indemnify, protect and hold harmless City and its Project Consultants, and Engineers, officers, agents, and employees (“Indemnified Parties”) from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including counsel fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the Indemnified Parties arising out of or encountered in connection with this Contract or the performance of the Work including, but not limited to, death of or bodily or personal injury to persons or damage to property, including property owned by or under the care and custody of City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of Contractor, its officers, agents, employees or Subcontractors including, but not limited to, liability arising from: 1. Any dangerous, hazardous, unsafe or defective condition of, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors; 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. Contract 1300-24 The Contractor also agrees to indemnify City and pay for all damages or loss suffered by City including but not limited to damage to or loss of City property, to the extent not insured by City and loss of City revenue from any source, caused by or arising out of the conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub-subsections (1), (2), (3), (4) and (5). Contractor’s obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnified Party. However, without affecting the rights of City under any provision of this contract, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this contract. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this contract or this section. This indemnity shall survive termination of the Contract or Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnified Parties may have under the law or under any other Contract Documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain or apply any monies to the Contractor under this Contract for the purpose of resolving such claims; provided, however, City may release such funds if the Contractor provides City with reasonable assurance of protection of the Indemnified Parties’ interests. City shall, in its sole discretion, determine whether such assurances are reasonable. Approval of any insurance contracts by the City does not relieve the Contractor or subcontractors from liability under Section 1340-1.0, Indemnification of the Specifications. The City will not be liable for any accident, loss, or damage to the work prior to its completion and acceptance. Contract 1300-25 9. Except as otherwise required, Contractor shall concurrently with the execution of this contract, furnish the City satisfactory evidence of insurance of the kinds and in the amounts provided in said Specifications, Section 1340-2.0, Insurance Requirements. This insurance shall be kept in full force and effect by Contractor during this entire contract and all premiums thereon shall be promptly paid by it. Each policy shall further state that it cannot be canceled without written notice to the City and shall name the City as an additional insured on the Commercial General Liability policy only. Contractor shall furnish evidence of having in effect, and shall maintain, Workers Compensation Insurance coverage of not less than the statutory amount or otherwise show a certificate of self- insurance, in accordance with the Workers Compensation laws of the State of California. Failure to maintain the required amounts and types of coverage throughout the duration of this Contract shall constitute a material breach of this Contract. 10. Except as otherwise required, Contractor shall concurrently with the execution of this contract, furnish the City a Milestone Schedule with a beginning date of 15 days after the Notice of Award as provided in said Specifications, Section 4.2, Construction Schedule. Contractor shall pay to City $500.00 liquidated damages per calendar day that the Milestone Schedule is not provided. 11. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or mechanic employed in the execution of this Contract by said Contractor, or any subcontractor under it, upon any of the work herein mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted to work at other than a rate of pay provided by law for more than 8 hours in any one calendar day and 40 hours in any one calendar week, in violation of the provisions of Sections 1810- 1815 of the Labor Code of the State of California. 12. In accepting this Contract, Contractor certifies that in the conduct of its business it does not deny the right of any individual to seek, obtain and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age as provided in the California Fair Employment Practice Act (Government Code Sections 12900, et seq.) Contractor agrees that a finding by the State Fair Employment Practices Commission that Contractor has engaged during the term of this Contract in any unlawful employment practice shall be deemed a breach of this Contract and Contractor shall pay to City $1,607.00 liquidated damages for each such breach committed under this contract. 13. Contractor also agrees that for contracts in excess of $30,000 and more than 20 calendar days duration, that apprentices will be employed without discrimination in an approved program in a ratio established in the apprenticeship standards of the craft involved (Sections 1777.5 and 1777.6, Labor Code of California). Contractors who willfully fail to comply will be denied the right to bid on public projects for a period of six months in addition to other penalties provided by law. 14. This Contract shall not be assignable by Contractor without the written consent of City. 15. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is deemed completed. 16. In accepting this Contract, Contractor certifies that no member or officer of the firm or corporation is an officer or employee of the City except to the extent permitted by law. Contract 1300-26 17. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the above work. 18. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. 19. The Contractor shall maintain and preserve all such records for a period of at least three years after termination of the contract. 20. The Contractor shall maintain all such records in the City of La Quinta. If not, the Contractor shall, upon request, promptly deliver the records to the City or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than at City offices including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead. 21. The further terms, conditions, and covenants of the Contract are set forth in the Contract Documents, each of which is by this reference made a part hereof. 22. Required Contract Provisions for Federal Aid Construction Contracts (FHWA – 1273). This Contract is funded with Federal-Aid Highway funds and is subject to provisions under Title 23 of the United States Code (23 USC). As such, the Contractor agrees to the following provisions titled “Required Contract Provisions for Federal Aid Construction Contracts”. Additionally, the Contractor agrees to insert the provisions, unaltered, into each subcontract and further require their inclusion in all lower tier subcontracts excluding purchase orders, rental agreements, and other agreements for supplies or services. 1 FHWA-1273 -- Revised July 5, 2022 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General II. Nondiscrimination III. Non-segregated Facilities IV.Davis-Bacon and Related Act Provisions V.Contract Work Hours and Safety Standards Act Provisions VI.Subletting or Assigning the Contract VII.Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX.Implementation of Clean Air Act and Federal Water Pollution Control Act X. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion XI. Certification Regarding Use of Contract Funds for Lobbying XII. Use of United States-Flag Vessels: ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) I. GENERAL 1.Form FHWA-1273 must be physically incorporated in each construction contract funded under title 23, United States Code, as required in 23 CFR 633.102(b) (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). 23 CFR 633.102(e). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. 23 CFR 633.102(e). Form FHWA-1273 must be included in all Federal-aid design- build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services) in accordance with 23 CFR 633.102. The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in solicitation-for-bids or request-for-proposals documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 23 CFR 633.102(d). 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. 23 U.S.C. 114(b). The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors. 23 U.S.C. 101(a). II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part 230, Subpart A, Appendix A; EO 11246) The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 2 1. Equal Employment Opportunity: Equal Employment Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)(4) & (5). b. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the-job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action or are substantially involved in such action, will be made fully cognizant of and will implement the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action 3 within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs (i.e., apprenticeship and on-the-job training programs for the geographical area of contract performance). In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. 23 CFR 230.409. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors, suppliers, and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurances Required: a. The requirements of 49 CFR Part 26 and the State DOT’s FHWA-approved Disadvantaged Business Enterprise (DBE) program are incorporated by reference. b. The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to: (1) Withholding monthly progress payments; (2) Assessing sanctions; (3) Liquidated damages; and/or (4) Disqualifying the contractor from future bidding as non- responsible. c. The Title VI and nondiscrimination provisions of U.S. DOT Order 1050.2A at Appendixes A and E are incorporated by reference. 49 CFR Part 21. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: 4 (1) The number and work hours of minority and non- minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women. b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project indicating the number of minority, women, and non- minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of more than $10,000. 41 CFR 60-1.5. As prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location under the contractor's control where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size), in accordance with 29 CFR 5.5. The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. 23 U.S.C. 113. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101. Where applicable law requires that projects be treated as a project on a Federal-aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program projects funded under 23 U.S.C. 133 [excluding recreational trails projects], the Nationally Significant Freight and Highway Projects funded under 23 U.S.C. 117, and National Highway Freight Program projects funded under 23 U.S.C. 167. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. 1. Minimum wages (29 CFR 5.5) a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis-Bacon poster (WH–1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b. (1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and 5 (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding (29 CFR 5.5) The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records (29 CFR 5.5) a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis- Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. b. (1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency. (2) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or 6 subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be provided under 29 CFR 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR part 3; (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH–347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and trainees (29 CFR 5.5) a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the 7 corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. 23 CFR 230.111(e)(2). The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract as provided in 29 CFR 5.5. 6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis- Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract as provided in 29 CFR 5.5. 9. Disputes concerning labor standards. As provided in 29 CFR 5.5, disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility (29 CFR 5.5) a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT Pursuant to 29 CFR 5.5(b), the following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 29 CFR 5.5. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 1 of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 1 of this section, in the sum currently provided in 29 CFR 5.5(b)(2)* for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1 of this section. 29 CFR 5.5. * $27 as of January 23, 2019 (See 84 FR 213-01, 218) as may be adjusted annually by the Department of Labor; pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990). 8 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 of this section. 29 CFR 5.5. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1 through 4 of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1 through 4 of this section. 29 CFR 5.5. VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal-aid construction contracts on the National Highway System pursuant to 23 CFR 635.116. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term “perform work with its own organization” in paragraph 1 of Section VI refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (based on longstanding interpretation) (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 23 CFR 635.102. 2. Pursuant to 23 CFR 635.116(a), the contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. (based on long- standing interpretation of 23 CFR 635.116). 5. The 30-percent self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements. 23 CFR 635.116(d). VII. SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR Part 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 23 CFR 635.108. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR Part 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 29 CFR 1926.10. 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance 9 with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal- aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway project (23 CFR Part 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 11, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2 CFR 200.88; EO 11738) This provision is applicable to all Federal-aid construction contracts in excess of $150,000 and to all related subcontracts. 48 CFR 2.101; 2 CFR 200.326. By submission of this bid/proposal or the execution of this contract or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, subcontractor, supplier, or vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Highway Administration and the Regional Office of the Environmental Protection Agency. 2 CFR Part 200, Appendix II. The contractor agrees to include or cause to be included the requirements of this Section in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. 2 CFR 200.326. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and 1200.220. 1. Instructions for Certification – First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. 2 CFR 180.320. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. 2 CFR 180.325. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 2 CFR 180.345 and 180.350. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant 10 who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 2 CFR 180.330. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 180.300. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. 2 CFR 180.300; 180.320, and 180.325. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. 2 CFR 180.335. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/). 2 CFR 180.300, 180.320, and 180.325. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2 CFR 180.325. * * * * * 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.335;. (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, 2 CFR 180.800; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification, 2 CFR 180.700 and 180.800; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2 CFR 180.335(d). (5) Are not a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and (6) Are not a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability (USDOT Order 4200.6 implementing appropriations act requirements). b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. 2 CFR 180.335 and 180.340. 3. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders, and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200). 2 CFR 180.220 and 1200.220. a. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. 2 CFR 180.365. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900 – 180.1020, and 1200. You may contact the person to which this proposal is 11 submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 2 CFR 1200.220 and 1200.332. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 1200.220. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/), which is compiled by the General Services Administration. 2 CFR 180.300, 180.320, 180.330, and 180.335. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 2 CFR 180.325. * * * * * Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals: (a) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.355; (b) is a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and (c) is a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (USDOT Order 4200.6 implementing appropriations act requirements) 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. * * * * * XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000. 49 CFR Part 20, App. A. 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier 12 subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. XII. USE OF UNITED STATES-FLAG VESSELS: This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, or any other covered transaction. 46 CFR Part 381. This requirement applies to material or equipment that is acquired for a specific Federal-aid highway project. 46 CFR 381.7. It is not applicable to goods or materials that come into inventories independent of an FHWA funded-contract. When oceanic shipments (or shipments across the Great Lakes) are necessary for materials or equipment acquired for a specific Federal-aid construction project, the bidder, proposer, contractor, subcontractor, or vendor agrees: 1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. 46 CFR 381.7. 2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b)(1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Office of Cargo and Commercial Sealift (MAR-620), Maritime Administration, Washington, DC 20590. (MARAD requires copies of the ocean carrier's (master) bills of lading, certified onboard, dated, with rates and charges. These bills of lading may contain business sensitive information and therefore may be submitted directly to MARAD by the Ocean Transportation Intermediary on behalf of the contractor). 46 CFR 381.7. 13 ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B) This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above. 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work. Contract 1300-40 IN WITNESS WHEREOF, the parties have executed this Contract as of the dates stated below. "CITY" CITY OF LA QUINTA a California municipal corporation Dated: By: Jon McMillen, City Manager ATTEST: ________________________________ Dated: Monika Radeva, City Clerk APPROVED AS TO FORM: Dated: City Attorney "CONTRACTOR" (If corporation, affix seal) Dated: By: Signature Name: Title: Print Name Address:____________________________________________________ Street Address City State Zip Code Dated: By: Signature Name: Title: Print Name Address:____________________________________________________ Street Address City State Zip Code Faithful Performance Bond 1310-1 SECTION 1310 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT the City of La Quinta, a municipal corporation, hereinafter designated the City, has, on , 2022, awarded to , hereinafter designated as the Principal, a Contract for City Project No. 2011-05, Federal Project No. BRNBIL (537), Dune Palms Road Bridge Improvements, and: WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract: NOW, THEREFORE, we, the Principal, and , as Surety, are held and firmly bound unto the City in the just and full amount of DOLLARS ($ ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully perform the covenants, conditions, and agreements in the said contract and any alterations made as therein provided, on his or their part to be kept and performed, at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless, the City, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. It is acknowledged that the Contract provides for one-year guarantee period, during which time this bond remains in full force and effort. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. Faithful Performance Bond 1310-2 IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their seals this day of , 2022, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Principal (Seal) Signature for Principal Title of Signatory Surety (Seal) Signature for Surety Title of Signatory Address of Surety Phone # of Surety Contact Person for Surety Payment Bond 1320-1 SECTION 1320 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT the City of La Quinta, a municipal corporation, hereinafter designated the City, has on , 2022, awarded to , hereinafter designated as the Principal, a Contract for Project No. 2011-05, Federal Project No. BRNBIL (537), Dune Palms Road Bridge Improvements. 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 , 2022, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Principal (Seal) Signature for Principal Title of Signatory Surety (Seal) Signature for Surety Title of Signatory Address of Surety Phone # of Surety Contact Person for Surety Workers Compensation Insurance Certificate 1330-1 SECTION 1330 WORKERS' COMPENSATION INSURANCE CERTIFICATE In accordance with California Labor Code Section 1861, prior to commencement of work on the Contract, the Contractor shall sign and file with the City the following certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Signature Title Date Liability and Insurance Requirements 1340-1 SECTION 1340 LIABILITY AND INSURANCE REQUIREMENTS 1.0 INDEMNIFICATION Except for the gross negligence or willful misconduct of an Indemnified Party (as hereinafter defined), the Contractor hereby assumes liability for and agrees to defend (at Indemnified Parties’ option), indemnify, protect and hold harmless City and its Project Consultants, and Engineers, officers, agents, and employees (“Indemnified Parties”) from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including counsel fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the Indemnified Parties arising out of or encountered in connection with this Contract or the performance of the Work including, but not limited to, death of or bodily or personal injury to persons or damage to property, including property owned by or under the care and custody of City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of Contractor, its officers, agents, employees or Subcontractors including, but not limited to, liability arising from: 1. Any dangerous, hazardous, unsafe or defective condition of, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors; 2. Any operation conducted upon or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors under or pursuant to the provisions of this contract or otherwise; 3. Any act, omission or negligence of Contractor, its officers, agents, employees, or Subcontractors; 4. Any failure of Contractor, its officers, agents or employees to comply with any of the terms or conditions of this Contract or any applicable federal, state, regional, or municipal law, ordinance, rule or regulation; and 5. The conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub-subsections (1), (2), (3), and (4), existing or conducted upon or arising from the use or occupation by Contractor on any other premises in the care, custody and control of City. The Contractor also agrees to indemnify City and pay for all damages or loss suffered by City including but not limited to damage to or loss of City property, to the extent not insured by City and loss of City revenue from any source, caused by or arising out of the conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub-subsections (1), (2), (3), (4) and (5). Liability and Insurance Requirements 1340-2 Contractor’s obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnified Party. However, without affecting the rights of City under any provision of this Contract, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by Contract between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Contract. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Contract or this section. This indemnity shall survive termination of the Contract or Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnified Parties may have under the law or under any other Contract Documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain or apply any monies to the Contractor under this Contract for the purpose of resolving such claims; provided, however, City may release such funds if the Contractor provides City with reasonable assurance of protection of the Indemnified Parties’ interests. City shall, in its sole discretion, determine whether such assurances are reasonable. Approval of any insurance contracts by the City does not relieve the Contractor or subcontractors from liability under Section 1340-1.0, Indemnification. The City will not be liable for any accident, loss, or damage to the work prior to its completion and acceptance. Liability and Insurance Requirements 1340-3 2.0 INSURANCE REQUIREMENTS 2.1 General Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this Contract and which is applicable to a given loss, will be available to City. Contractor shall submit coverage verification for review and approval by the City upon execution of the Contract. The Notice to Proceed with the Work under this Contract will not be issued, and the Contractor shall not commence work, until such insurance has been approved by the City. The Contractor shall not allow any subcontractors to commence work on its subcontract until all similar insurance required of the subcontractor has been obtained and verified by Contractor. Such insurance shall remain in full force and effect at all times during the prosecution of the Work and until the final completion and acceptance thereof. The Notice to Proceed does not relieve the Contractor of the duty to obtain such insurance as required by Paragraph 1340-2.0 INSURANCE REQUIREMENTS. Contractor shall provide the following types and amounts of insurance: 2.2 Insurance Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A-VI: Commercial General Liability (at least as broad as ISO CG 0001) $5,000,000 (per occurrence) $5,000,000 (general aggregate) Must include the following endorsements: General Liability Additional Insured General Liability Primary and Noncontributory Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Personal Auto Declaration Page if applicable Liability and Insurance Requirements 1340-4 Workers’ Compensation (per statutory requirements) Must include the following endorsements: Workers Compensation Waiver of Subrogation Workers Compensation Declaration of Sole Proprietor if applicable Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party's acts or omissions rising out of or related to Contracting Party's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder. Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contracting Party's performance under this Agreement. If Contracting Party or Contracting Party’s employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such person. The term “automobile” includes, but is not limited to, a land motor vehicle, trailer or semi-trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contracting Party and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. 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. Liability and Insurance Requirements 1340-5 If coverage is maintained on a claims-made basis, Contracting Party shall maintain such coverage for an additional period of three (3) years following termination of the contract. Contracting Party shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased. In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contracting Party’s obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 2.3 Remedies In addition to any other remedies City may have if Contracting Party fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contracting Party to stop work under this Agreement and/or withhold any payment(s) which become due to Contracting Party hereunder until Contracting Party demonstrates compliance with the requirements hereof. c. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party's or its subcontractors' performance of work under this Agreement. 2.4 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party: 1. Contracting Party agrees to have its insurer endorse the third-party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise. Liability and Insurance Requirements 1340-6 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party’s employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contracting Party shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Contracting Party’s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City. 9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Liability and Insurance Requirements 1340-7 Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Contracting Party agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contracting Party’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 11. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contracting Party ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contracting Party, the City will negotiate additional compensation proportional to the increased benefit to City. 12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 13. Contracting Party acknowledges and agrees that any actual or alleged failure on the part of City to inform Contracting Party of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 14. Contracting Party will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. 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. Liability and Insurance Requirements 1340-8 16. The provisions of any workers’ compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents. 17. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 18. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. 19. The requirements in this Exhibit supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 20. Contracting Party agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contracting Party for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 21. Contracting Party agrees to provide immediate notice to City of any claim or loss against Contracting Party arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 2.5 Change in Terms The Contractor shall provide immediate written notice to the City of any change in terms and conditions and/or reduction in the coverage of any nature to the insurance policies. The notice shall be sent to: Jon McMillen, City Manager City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 General Conditions 1400-1 SECTION 1400 GENERAL CONDITIONS 1.0 GENERAL 1.1 Intent of Contract Documents Where the Plans or Specifications describe portions of the Work in general terms but not in complete detail, it is understood that only the best general practice is to prevail and that only materials and workmanship of the first quality are to be used. Unless otherwise specified, the Contractor shall furnish tools, equipment, and incidentals, and do all the work involved in executing the Contract in a satisfactory and workmanlike manner. Unless specifically noted otherwise, all sections of the Specifications and the Plans shall be complimentary and applicable to each other. In the event the materials and/or equipment are to be furnished by the City, as designated in the Specific Project Requirements or as agreed on, this shall not relieve the Contractor of the above requirements to furnish all other labor, materials, and equipment to complete the Contract. Words and abbreviations which have well known technical or trade meaning are used in the Contract Documents in accordance with such recognized meanings. 1.2 Discrepancies and Omissions Any discrepancies or omissions found in the Contract Documents shall be immediately reported to the City Engineer who will clarify discrepancies or omissions, in writing, within a reasonable time. In resolving inconsistencies among two or more sections of the Contract Documents, precedence shall be given in the following order: 1. Contract a. Agreement b. Permits c. Change Orders 2. Instruction to Bidders 3. Permits issued by other agencies 4. Specific Project Requirements 5. General Project Requirements 6. Supplementary Conditions 7. General Conditions 8. Technical Specifications 9. Standard Specifications 10. Reference Specifications 11. Plans 12. Standard Plans General Conditions 1400-2 1.3 Headings Headings to parts, divisions, sections, articles, paragraphs, subparagraphs, and forms are inserted for convenience of reference only and shall not affect the interpretation of the Contract Documents. 1.4 Penalty for Collusion If, at any time, it is found that the person, firm, or corporation to whom the Contract has been awarded has, in presenting any bid or bids, colluded with any other party or parties, then the Contract shall be null and void, and the Contractor and its sureties shall be liable for loss or damage which the City may suffer thereby, and the City may advertise for new bids for said Work. 1.5 Successors and Assigns The City and the Contractor, respectively, bind themselves, their partners, successors, assigns, and legal representatives to the other party hereto and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants, contracts, agreements, and obligation contained in the Contract Documents. Neither party to the Contract shall assign the Contract or sublet it as a whole without the written consent of the other. 1.6 Assignment to City Pursuant to Public Contract Code 4551, in entering into the Contract and all subcontracts, to supply goods, services, or materials pursuant to the Contract, the Contractor and its subcontractors offer and agree to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the Contract and subcontracts. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgment by the parties. 1.7 Rights and Remedies The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to, and not a limitation of, any duties, obligations, rights, and remedies otherwise imposed or available by law. No action or failure to act by the City and its representatives or the consultants, shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. General Conditions 1400-3 1.8 Definitions Unless otherwise stated, the words directed, required, permitted, ordered, instructed, designated, applicable, appropriate, sufficient, proper, desirable, necessary, prescribed, approved, acceptable, satisfactory or words of like import, refer to actions, expressions, and prerogatives of the City, the City Engineer. Masculine gender words include the feminine. References to gender, such as "workman" and "flagman" and the pronouns "he" or "his" referring to such titles, are abstract in the specifications, used for the sake of brevity are intended to refer to persons of either sex. Singular words include the plural and "person" includes firms, companies, and corporations. Where used in the Contract Documents, the following words and terms shall have the meanings indicated. The meanings shall be applicable to the singular, plural, masculine, and feminine of the words and terms. Acceptance - The formal written acceptance by the City of an entire Contract which has been completed in all respects in accordance with the Contract Documents and any modifications thereof previously approved. Act of God - An earthquake, flood, cyclone, or other cataclysmic phenomenon of nature. A rain, windstorm, high water, or other natural phenomenon, which might reasonably have been anticipated from historical records of the general locality of the work, shall not be construed as an Act of God. Addenda - Written or graphic instruments issued prior to the bid which modify or interpret the Contract Documents, drawings, and specifications, by additions, deletions, clarifications, or corrections. Architect - The Architect responsible for the preparation of plans and specifications for the City of La Quinta Bid - The offer or proposal of the Bidder submitted on the prescribed form setting forth the price for the work to be performed. Bond(s) - Bid, Performance, or Payment Bonds and other instruments of surety, furnished by the Contractor and Contractor's surety in accordance with the Contract Documents. Bidder - Any properly licensed and qualified individual, firm, partnership, corporation, joint venture, or combination thereof, submitting a proposal for the work contemplated, acting directly or through a duly authorized representative. Calendar Day - Any day including legal holidays, Saturdays and Sundays. City - The City of La Quinta, a Municipal Corporation in the State of California. General Conditions 1400-4 City Engineer - The person designated, in writing, by the City to act as its representative at the construction site and to perform construction inspection services and administrative functions relating to this Contract. Initial contact by the Contractor with the City shall be through the City Engineer. City Representative - The person designated in writing by the City to act as its agent on specified matters relating to this Contract. The City's Representative is not the City Engineer, but is another individual who has been designated to represent the City. Contract - The written document covering the performance of the Work as more fully described in, but not limited to, the plans, standard specifications, special and technical provisions, Contract bonds, proposal, addenda, and Contract Change Orders. Contract Change Order - A written order to the Contractor, covering changes in the plans or quantities, or both, and establishing the basis of payment and time adjustments for the work affected by the changes. Also referred to as a Change Order. Contract Documents - The words "Contract Documents" shall mean any or all of, but not limited to, the following items, as applicable: Invitation to Bid Instructions to Bidders Bid Documents Designation of Subcontractors Bid Guaranty Bond Contract Acknowledgments Performance Bond Payment Bond General Conditions Supplementary General Conditions General Project Requirements Specific Project Requirements Standard Specifications State Standard Specifications Project Plans Standard Drawings Addenda, if any Executed Change Orders, if any Notice of Award Notice to Proceed Permits from other agencies Each of these items is to be considered by reference as part of the Contract Documents, also referred to as Contract. General Conditions 1400-5 Contract Price - The amount payable to the Contractor under the terms and conditions of the Contract based on the price given on the bidding schedule, with adjustments made in accordance with the Contract. The base amount given in the bidding schedule shall be either a lump sum bid or the summation of the unit price bids multiplied by the estimated quantities set forth in the bid form. Also referred to as Contract Amount or Contract Sum. Contract Time - Number of calendar days stated in the Contract for the completion of the Work. Contract Completion Date - The date on which the City accepts the work as being complete. Contractor - The person or persons, firms, partnership, corporation, or combination thereof, who have entered with the City, as party or parties of the second part of his or their legal representatives. Contractor's Plant and Equipment - Equipment, material, supplies, and all other items, except labor, brought onto the site by the Contractor to carry out the Work, but not to be incorporated in the Work. Consultant - Individuals and/or companies retained by the City to provide specific professional services. Day(s) - Calendar Day(s), unless contract time is indicated in working days. Direct - Action of the City or City Engineer by which the Contractor is ordered to perform or refrain from performing work under the Contract. Field Directive - Written documentation of the actions of the City or City Engineer in directing the Contractor. Also referred to as a Directive. Field Order - A written instruction given to the Contractor authorizing work that is a change to the scope of work carried out on a time and material basis. Furnish - To deliver to the job site or other specified location any item, equipment, or material. General Conditions - Part of the Contract Documents representing the general clauses that establishes how the project is to be administered. General Project Requirements - Part of the Contract Documents establishing general conditions or requirements peculiar to the way public works projects are performed in the City of La Quinta. Herein - Refers to information presented in the Project Manual. Holidays - Legal holidays designated by the City or specifically identified in the Contract. Install - Placing, erecting, or constructing any item, equipment, or material. General Conditions 1400-6 Laboratory - The designated materials testing laboratory authorized by the City to test materials and work involved in the Contract. Liquidated Damages - A fixed amount as prescribed in Paragraph 1500-3.0, to be paid to the City or to be deducted from any payments due, or to become due, to the Contractor as a result of the Contractor not completing the work in the time allowed in the specifications. Notice of Award - A written notice by the City to the Bidder informing him that the Contract has been awarded to him. Notice to Proceed - The written notice by the City to the Contractor authorizing him to proceed with the Work and establishing the date of commencement of the Work. Paragraph - For references or citation purposes, refers to the paragraph(s) in these Specifications, called out by paragraph number and alphanumeric designator. Person - Includes firms, companies, corporations, partnerships, and joint ventures. Plans - Refers to the project plans drawings, profiles, cross sections, elevations, details, and other working drawings and supplementary drawings, or reproductions thereof, approved by the City, and are referred to in the Contract Documents, which show the location, character, dimensions, and details of the work to be performed. The terms drawing, plan and plans have the same meaning as the term drawings unless otherwise stated or specified. Project - The undertaking to be performed under the provisions of the Contract. Project Manual - Those Contract Documents which are bound into one or more volumes prior to bidding. Provide - Furnish and install, complete in place. Punch List - List of incomplete items of work and of items of work which are not in conformance with the Contract. Shall - Refers to actions by either the Contractor or the City and means the Contractor or City has entered into a covenant with the other party to do or perform the action. Shown - Refers to information presented on the Drawings, with or without reference to the Drawings. Site - The property as described in the General Conditions or as shown on the Drawings. Specific Project Requirements - Part of the Contract Documents establishing specific conditions or requirements peculiar to the work. General Conditions 1400-7 Specifications - That part of the Contract Documents consisting of the General Conditions, Supplementary General Conditions, General Project Requirements, Specific Project Requirements, applicable portions of the Standard Specifications and State Standard Specifications, and Technical Specifications. Specify - Refers to information described, shown, noted or presented in any manner in any part of the Contract. Standard Specifications - Standard Specifications for Public Works Construction, latest edition, including all supplements, as written by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of the Associated General Contractors of California. State Standard Specifications - The State of California, Department of Transportation Agency's Standard Specifications in effect at the time of advertising the Work. Also referred to as State Standard Specifications and Caltrans Standard Specifications. Subcontractor - A subcontractor is a person or entity who has a direct contract with the Contractor to perform any of the Work at the Site. The term subcontractor means a subcontractor or subcontractor's authorized representative. The term subcontractor, does not include any separate contractor or any separate contractor's subcontractors. Submittals - The information which is specified for submission to the City Engineer in accordance with the Project Manual. Substantial Completion - Substantial Completion is the stage in the progress of the Work when the Work is sufficiently complete in accordance with the Contract Documents so the City can occupy or utilize the Work for its intended use. Sub-subcontractor - A sub-subcontractor is a person or entity who has a direct or indirect contract with a subcontractor to perform any of the Work at the Site. The term sub-subcontractor means a sub-subcontractor or an authorized representative thereof. Supplier - Any person, firm, corporation, or organization who supplies materials or equipment for the Work, including that fabricated to a special design, and may also be a Subcontractor or a Sub-subcontractor. Surety - The person, firm, corporation, or organization that joins with the Contractor in assuming the liability for the faithful performance of the Work and for the payment of all obligations pertaining to the Work in accordance with the Contract Documents by issuing the Bonds required by the Contract Documents or by law. Will - Actions entered into by the Contractor or the City as a covenant with the other party to do or to perform the action. General Conditions 1400-8 Work - The labor, materials, equipment, supplies, and other items necessary for the execution, completion, and fulfillment of the Contract. Working Day - Any day, other than a holiday, Saturday or Sunday, on which the Contractor may proceed with regular work on the current controlling operation as determined by the City Engineer toward the completion of the Contract. A working day is equivalent to 1.45 calendar days. 2.0 ADMINISTRATION 2.1 Administration of the Contract The City Engineer will provide administration of the Contract as hereinafter discussed. The duties, responsibilities and limitations of authority of City retained consultants and the City Engineer during the construction, as set forth in the Contract Documents, will not be modified or extended without written consent of the City. In case of the termination of the employment of a consultant or the City Engineer, the City will appoint a consultant or a City Engineer whose status under the Contract Documents shall be that of the former consultant or City Engineer, respectively. 2.2 City Engineer 2.2.1 General - The City Engineer has the authority to act on behalf of the City on change orders, progress payments, Contract decisions, acceptability of the Contractor's work, and early possession. 2.2.2 Change Orders - The City Engineer has the authority to accept or reject change orders and cost proposals submitted by the Contractor or as recommended by the City Engineer. 2.2.3 Progress Payments - The City Engineer has the authority to accept or reject requests for progress payments which have been submitted by the Contractor. 2.2.4 Contract Decisions - Should the Contractor disagree with decisions rendered under this Contract, the Contractor may appeal to the City Engineer in accordance with the provisions of the Contract. 2.2.5 Acceptability of Work - The City Engineer has the authority to make the final determination of the acceptability of the Work. 2.2.6 Construction Schedule - The City Engineer has the authority to review and recommend acceptance of the progress schedule submitted by the Contractor at the start of the Work and subsequent significant revisions for conformance to the specified sequence of work and logic. General Conditions 1400-9 2.2.7 Inspection - The City Engineer with the assistance of inspectors will observe the progress, quality, and quantity of the Work to determine, in general, if the Work is proceeding in accordance with the intent of the Contract Documents. The City Engineer shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work. In accordance with the provisions detailed elsewhere in these General Conditions, the City Engineer will make decisions relative to all matters of interpretation or execution of the Contract Documents. 2.3 Consultants 2.3.1 General - Consultants will have the authority to act on behalf of the City only to the extent provided in the Supplemental General Conditions. 3.0 CITY 3.1 General The City, acting through the City Engineer, shall have the authority to act as the sole judge of the Work and materials with respect to both quantity and quality as set forth in the Contract. 3.2 Attention to Work The City shall notify the Contractor in writing of the name of individuals designated as representatives of the City Engineer. The representative will normally be at the Site of the Work. During the representative's absences, the Contractor may contact the City Engineer or a previously designated representative. 3.3 Inspection The City will employ one or more inspectors to observe the Work and to act in matters of construction under this Contract. An inspector is not authorized to revoke, alter, or waive any requirements of the specifications. The inspector is authorized to call the attention of the Contractor to any failure of the Work or materials to conform to the Contract Documents. The inspector shall have the authority to reject material or, in any emergency, suspend the Work. The Contractor may appeal any such issue which it disagrees with to the City Engineer. Contractor shall call in daily for inspections, unless otherwise approved by the City, at Public Works Inspection Hotline 760-777-7097. Concrete inspections will be required separately for all stages of the work: subgrade; forming; and pouring. Separate and independent from the inspection above, the project may be inspected by Building Officials for code compliance. Such inspectors shall have the authority provided to them by local jurisdiction. General Conditions 1400-10 3.4 City's Right to Carry Out the Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents, and fails within seven (7) days after receipt of written notice from the City to commence and continue correction of such default or neglect with diligence and promptness, the City may, after seven (7) days following receipt by the Contractor of an additional written notice and without prejudice to any other remedy make good such deficiencies. The City also reserves the right to perform any portion of the work due to an emergency threatening the safety of the Work, public, City, and any property or equipment. In either case an appropriate Change Order shall be issued unilaterally deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies and/or for performing such work, including compensation for consultants and City's additional services made necessary by such default, neglect, failure or emergency. 3.5 City's Right to Perform Work and to Award Separate Contracts The City reserves the right to perform the work related to the Project with the City's own forces, and to award separate Contracts in connection with other portions of the Project or other work on the Site under these or similar Conditions of the Contract. If the Contractor claims that delay, damage, or additional cost is involved because of such action by the City, the Contractor shall make such claim as provided elsewhere in the Contract Documents. When separate Contracts are awarded for different portions of the Project or other work on the Site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Contract. The City will provide for the coordination of the work of the City's own forces and of each separate Contractor with the Work of the Contractor, who shall cooperate therewith as provided in Paragraph 1400-4.8.3, Cooperation. 4.0 CONTRACTOR 4.1 Office The Contractor's address stated in the Bid is hereby designated as the legal address of the Contractor for the receipt of documents, samples, notices, letters, and other Articles of communication. General Conditions 1400-11 4.2 Contractor's Representative The Contractor shall notify the City in writing of the name of the person who will act as the Contractor's representative and shall have the authority to act in matters relating to this Contract. The Contractor, acting through its representative, shall give personal attention to, and shall manage the Work, so that it shall be prosecuted faithfully. The Contractor's representative shall be an employee of the Contractor. Upon written request of the Contractor, this requirement may be waived by the City. The City's waiver, if granted will be in writing. There is no obligation by the City to waive this provision regardless of the effect on the Contractor's operations. At all times during the progress of the Work, the Contractor's representative shall be personally present at the Project site, or a designated alternate shall be available who has the authority to act in matters relating to the Contract. The Contractor's representative or designated alternate shall have the authority to carry out the provisions of the Contract and to supply materials, equipment, tools, and labor without delay for the performance of the Work. Before initial work is begun on the Contract, the Contractor shall file with the City Engineer addresses and telephone numbers where the Contractor's and all subcontractors' representatives can be reached during all hours, including nights and weekends when work is not in progress. 4.3 Construction Procedures The Contractor will supervise and direct the work. The Contractor has the authority to determine the means, methods, techniques, sequences, and procedures of construction, except in those instances where the City, to define the quality of an item of work, specifies in the Contract, a means, method, technique, sequence, or procedure for construction of that item of Work. 4.4 Contractor's Employees The Contractor shall be responsible for the adequacy, efficiency, and sufficiency of its employees. Workers shall have sufficient knowledge, skill, and experience to perform properly the work assigned to them. The Contractor shall employ only competent, skillful workers to perform the Work. If any subcontractor or person employed by the Contractor or its subcontractors, appear to the City Engineer to be incompetent or act in a disorderly or improper manner, such person or subcontractor shall be discharged from the site immediately by the Contractor upon written direction of the City Engineer, and such person shall not again be employed on the Project. General Conditions 1400-12 4.5 Subcontractors Subcontractors will not be recognized as having a direct relationship with the City. The persons engaged in the Work, including employees of subcontractors and suppliers, will be considered employees of the Contractor. The Contractor will be responsible for their work and their work shall be subject to the provisions of the Contract. The Contractor is as fully responsible to the City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by them as the Contractor is for the acts and omissions of persons directly employed by the Contractor. Nothing contained in the Contract Documents shall create any contractual relation between any subcontractor and the City. References in the Contract Document to actions required of subcontractors, manufacturers, suppliers, or any party other than the Contractor, the City, the City Engineer, its consultants shall be interpreted as requiring that the Contractor shall require such subcontractor, manufacturer, supplier, utility company, or party to perform the specified action, unless the Contract Documents specifically state that the Work is not included in the Contract. The Contractor shall not employ any subcontractors that are not properly licensed in accordance with State law. Prior to commencement of any work by a subcontractor, the Contractor shall submit verification to the City Engineer that the subcontractor is properly licensed for the work it will perform. Changes to subcontractors listed in the Bid in accordance with Public Contract Code 4100 et. seq., shall be made only with the approval of the City. 4.6 Contractor's Equipment and Facilities The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws. 4.7 Public Safety and Convenience The Contractor shall conduct its work so as to insure the least possible obstruction to traffic and inconvenience to the general public and the residents in the vicinity of the Work and to insure the protection of persons and property at no extra cost to the City. The Contractor shall have under construction no greater length or amount of work than he can prosecute properly with due regard to the rights of the public. 4.8 City-Contractor Coordination 4.8.1 Service of Notice - Notice, order, direction, request, or other communication given by the City or the City Engineer to the Contractor shall be deemed to be well and sufficiently given to the Contractor if delivered to the Contractor's Representative designated in Paragraph 1400-4.2, Contractor's Representative, to the Contractor's office designated in Paragraph 1400-4.1, Office, or to the Contractor's address provided in the Bid Proposal. General Conditions 1400-13 4.8.2 Suggestions to Contractor - Plans or methods of work suggested by the City, City Engineer or authorized representatives to the Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor. The City, City Engineer, or authorized representatives assume no responsibility therefor, and in no way will be held liable for any defects in the Work which may result from or be caused by use of such plan or method of work. 4.8.3 Cooperation - The Contractor shall afford the City, the City Engineer and separate Contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work and shall coordinate the Work with theirs as required by the Contract Documents. If any part of the Contractor's Work depends for proper execution or results upon the work of the City or any separate Contractor, the Contractor shall, prior to proceeding with the Work, promptly report to the City Engineer any apparent discrepancies or defects in such other work that render it unsuitable for such proper execution and results. Failure of the Contractor to so report shall constitute an acceptance of the City's or separate Contractor's work as fit and proper to receive the Work, except as to defects which may subsequently become apparent in such work by others. If requested by the Contractor, the City shall arrange meetings with other contractors performing work on behalf of the City to plan coordination of construction activities. The City shall keep the Contractor informed of the planned activities of other contractors. Any costs caused by defective or ill-timed work shall be borne by the responsible party. Differences and conflicts arising between the Contractor and other contractors employed by the City or between the Contractor and the workers of the City with regard to their work, shall be submitted to the City for its decision in the matter. If such separate contractor sues the City on account of any delay or damage alleged to have been caused by the Contractor, the City shall notify the Contractor who shall, at the City's election, defend such proceedings at the Contractor's expense. If any judgement or award against the City arises from any such litigation whether defended by City or by Contractor, the Contractor shall pay or satisfy said judgement or award and shall reimburse the City for all attorney's fees and court costs which the City has incurred or for which it is liable. 4.9 Permits Unless specifically stated to be provided by the City, Contractor shall apply for, obtain, and comply with all the terms, conditions and requirements attached to all permits, bonds and licenses required by local, state, or federal agencies to perform work, construct, erect, test and startup of any equipment or facility for this Contract. Where operating permits are required, the Contractor shall apply General Conditions 1400-14 for and obtain such operating permits in the name of the City and provide the permit in an appropriate frame or file holder when the City accepts substantial completion of the equipment or facility. The Contractor shall give all notices necessary or incidental to the due and lawful prosecution of the work. Any permits, bonds, licenses and fees therefore required for the performance of work under this Contract and not specifically mentioned herein as having been obtained and paid by the City shall be included in the Contractor's bid price. The Contractor shall apply for and obtain in its name the necessary building, plumbing and electrical permits and shall be responsible for satisfying all code requirements, calling for inspections, and obtaining final approvals. Code inspections will be coordinated by the City Engineer. The Contractor shall comply with all construction conditions stipulated in the permits. The Contractor shall include in its bid the fees for any permits required. The Contractor shall apply for and obtain all safety permits for excavations, tunneling, trenches, construction (building structure, scaffolding, or falsework) and demolition required by CAL/OSHA including but not limited to, the permits required by Labor Code Section 6500. 4.10 Contractor's Responsibility for the Work and Materials Until acceptance of the Work, the Contractor shall have the charge and care of the Work and of the materials to be used therein and shall bear the risk of injury, loss, or damage, to any part thereof (regardless of whether partial payments have been made on such damaged portions of the Work) by the action of the elements or from any other cause, whether arising from the non-execution of the Work. The Contractor shall rebuild, repair, restore, and make good all injuries, losses, or damages to any portion of the Work or the materials occasioned by any cause before its completion and acceptance and shall bear the expense thereof, except for such injuries, losses, or damages as are directly and approximately caused by acts of the City. 4.11 Laws to be Observed The Contractor shall keep himself fully informed of all existing and future County, State, and National laws and regulations and all municipal ordinances and regulations of the City which in any manner affect those engaged or employed in the Work and of all such orders and decrees of bodies having any jurisdiction or authority over the same; and shall protect and indemnify the City and all of its officers, agents, and servants against any claim or liability arising from or based on the violation of any such laws, ordinances, regulations, orders, or decrees whether by himself or its employees. If any discrepancy or inconsistency is discovered in the plans, drawings, specifications or Contract for the Work in relation to any such law, ordinance, regulations, order or decree, the Contractor shall immediately report the same to the City Engineer in writing. General Conditions 1400-15 4.11.1 Construction Registration with California Department of Industrial Relations - A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public works, as defined in Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 the Labor Code, unless currently registered and qualified to perform public works pursuant to Section 1725.5 of the Labor Code. Prior to March 1, 2015, it is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public works pursuant to Section 1725.5 of the Labor Code prior to April 1, 2015. Effective March 1, 2015, only contractors and subcontractors that are registered to perform public works pursuant to Section 1725.5 of the Labor Code may submit a bid for a public works project. Effective April 1, 2015, contractors and subcontractors not registered to perform public works pursuant to Section 1725.5 of the Labor Code may not engage in the performance of a public works project awarded after April 1, 2015. 4.11.2 Prevailing Wage - In accordance with Section 1770 of the Labor Code, the City has ascertained and does hereby specify that the prevailing wage rates shall be those provided in Article 1110-21.0, WAGE RATES. The said rates shall include all employer payments that are required by Section 1773.1 of the Labor Code. The City will furnish to the Contractor, upon request, a copy of such prevailing rates. It shall be the duty of the Contractor to post a copy of such prevailing wages at the job site. For each worker paid less than the stipulated rate in the execution of the Contract by the Contractor, or any subcontractor under him, in violation of the provisions of the Labor Code, and in particular, Section 1770 to Section 1780, inclusive, the Contractor shall be subject to the provisions and penalties of Section 1775 of the Labor Code. In addition to said penalty, and pursuant to said Section 1775, the difference between such stipulated prevailing wage rates and the amounts paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the stipulated prevailing rate shall be paid to each worker by the Contractor. The wage rates set forth are the minimum that may be paid by the Contractor. Nothing herein contained shall be construed as preventing the Contractor from paying more than the minimum set forth. No extra compensation whatever shall be allowed by the City due to the inability of the Contractor to hire labor at the minimum rate nor for any necessity for payment by the Contractor for subsistence, travel time, overtime, or other added compensation, all of which possibilities are elements to be considered and ascertained to the Contractor's own satisfaction in preparing the bid. General Conditions 1400-16 If it becomes necessary to employ a craft other than those listed, the Contractor shall notify the City immediately and the City will determine the additional prevailing rate from the Director of the Department of Industrial Relations and the rate thus determined shall be applicable as a minimum at the time of initial employment. The Contractor shall pay travel and subsistence payments to workers needed to execute the work as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed with the Department of Industrial Relations pursuant to Labor Code Section 1773.8. Pursuant to Labor Code section 1771.1, no contractor or subcontractor may be listed on a bid proposal for a public works project submitted on or after March 1, 2015 unless registered with the California Department of Industrial Relations. Furthermore, all bidders and contractors are hereby notified that no contractor or subcontractor may be awarded, on or after April 1, 2015, a contract for public work on a public works project unless registered with the Department of Industrial Relations. Pursuant to Labor Code section 1771.4, all bidders and contractors are hereby notified that this project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations. 4.11.3 Certified Payrolls - In accordance with Section 1776 of the Labor Code, each Contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time, and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the project. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis: a. Pursuant to SB854, all contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement). All contractors and subcontractors must also provide a copy and proof to the City of online submittal within 2 days of online submission. b. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request. c. A certified copy of all payroll records shall be made available for inspection or furnished upon request to a representative of the City, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations. d. A certified copy of all payroll records shall be made available upon request by the public in accordance with Section 1776 of the Labor Code. General Conditions 1400-17 The Contractor is responsible for its and its subcontractors compliance with the provisions of Section 1776 of the Labor Code. 4.11.4 Overtime Requirements - The Contractor shall forfeit, as a penalty to the City, the penalty as provided in Section 1813 of the Labor Code for each worker employed in the execution of the Contract by the Contractor, or any subcontractor under the Contractor, for each day during which such worker is required or permitted to work more than eight (8) hours in any one day and forty (40) hours in any one week, in violation of the provisions of the Labor Code, and in particular, Section 1810 to Section 1815 thereof, inclusive, except that work performed by employees of Contractors in excess of eight (8) hours a day and forty (40) hours during one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day, at not less than one and a half (1½) times the basic rate of pay as provided for in Section 1815 of the Labor Code. 4.11.5 Apprentice and Trainee - Attention is directed to the provisions in Section 1777.5 of the Labor Code and in accordance with the regulations of the California Apprenticeship Council concerning the employment of apprentices by the Contractor or any subcontractor under the Contractor. Section 1777.5 requires the Contractor or subcontractors employing tradespersons in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the project and which administers the apprenticeship program in that trade for a certificate of approval. The Contractor and subcontractors are required to submit contract award information to the applicable joint apprenticeship committee. As provided for in Section 1777.5 of the Labor Code, the Contractor is required to make contributions to funds established for the administration of apprenticeship programs. It shall be the responsibility of the Contractor to abide by the provisions of Section 1777.5 (except 1777.5(b)) of the Labor Code and to require all subcontractors employed by or contracting with the Contractor to abide by said provisions. The Contractor shall furnish the City any and all evidence of compliance with this code section when requested by the City. For failure to comply with Section 1777.5 (except 1777.5(b)) of the Labor Code, the Contractor shall be subject to the penalties in Section 1777.7 of the Labor Code. 4.11.6 Workers' Compensation Insurance - The Contractor is required to secure the payment of compensation to its employees in accordance with the provisions of Sections 1860 and 3700 of the Labor Code and Paragraph 1340-2.4 Workers' Compensation Insurance General Conditions 1400-18 4.12 Safety The Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. Safety provisions shall conform to U.S. Department of Labor (OSHA), the California Occupational Safety and Health Act, and all other applicable Federal, State, County, and local laws, ordinances, codes, the requirements set forth below, and any regulations that may be detailed in other parts of these Documents. Where any of these are in conflict, the more stringent requirement shall be followed. The completed Work shall include all necessary permanent safety devices, such as machinery guards and similar ordinary safety items, required by the State and Federal (OSHA) industrial authorities and applicable local and national codes. Further, any features of the Work, including City-selected equipment, subject to such safety regulations shall be fabricated, furnished, and installed in compliance with these requirements. All equipment furnished shall be grounded and provided with guards and protection as required by safety codes. Where vapor-tight or explosion-proof electrical installation is required by safety codes, this shall be provided. Contractors and manufacturers of equipment shall be held responsible for compliance with the requirements included herein. The Contractor shall notify all equipment suppliers and subcontractors of the provisions of this paragraph. Before proceeding with any construction work, the Contractor shall take the necessary action to comply with all provisions for safety and accident prevention. The Contractor shall develop and maintain for the duration of this Contract, a safety program that will effectively incorporate and implement all required safety provisions. The Contractor shall appoint an employee as safety supervisor who is qualified and authorized to supervise and enforce compliance with the safety program. The Contractor, as a part of his safety program, shall maintain at his office or other well-known place at the Site, safety equipment applicable to the Work as prescribed by the aforementioned authorities, all items necessary for giving first aid to the injured, and shall establish the procedure for the immediate removal to a hospital or a doctor's care of persons who may be injured on the job site. In accordance with the provisions of Section 6705 of the Labor Code, the Contractor shall submit, in advance of excavation 5 feet or more in depth, detailed plans showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from hazard of caving ground during such excavation. If such Plans vary from the shoring system standards set forth in the Construction Safety Orders in Title 8, California Code of Regulations, Article 6, the Plans shall be prepared and signed by a registered civil or structural engineer. Shoring, bracing, sloping, or other protective system shall not be less effective than required by the California Construction Safety orders. General Conditions 1400-19 If death or serious injuries or serious damages are caused, the accident shall be reported immediately by telephone or messenger to the City. In addition, the Contractor must promptly report in writing to the City Engineer all accidents whatsoever arising out of, or in connection with, the performance of the Work whether on, or adjacent to, the Site, giving full details and statements of witnesses. The Contractor shall make all reports as are, or may be, required by any authority having jurisdiction, and permit all safety inspections of the work being performed under this Contract. If a claim is made by anyone against the Contractor or any subcontractor on account of any accident, the Contractor shall promptly report the facts in writing to the City Engineer, giving full details of the claim. 5.0 CONTROL OF WORK AND MATERIALS 5.1 Means and Methods It is expressly stipulated that the drawings, specifications and other Contract Documents set forth the requirements as to the nature of the completed Work and do not purport to control the method of performing work except in those instances where the nature of the completed Work is dependent on the method of performance. Except as provided elsewhere in the Contract Documents, neither the City, its consultants, or the City Engineer will be responsible for or have control or charge of construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work. Except as provided elsewhere in the Contract Documents, neither the City, its consultants, or the City Engineer will be responsible for or have control or charge over the acts or omissions of the Contractor, or any of their subcontractors, agents or employees, or any other persons performing any of the Work. Any general control of the Work exercised by the City or its authorized representatives shall not make the Contractor an agent of the City, and the liability of the Contractor for all damages to persons and/or to public or private property arising from the Contractor's execution of the Work shall not be lessened because of such general control. Neither the inspection by the City, its consultants, or the City Engineer, nor any order, measurement, approved modification, or payment of monies, nor acceptance of any part or whole of the Work by the City, the City Engineer or the consultant, or their agents, shall operate as a waiver of any provision of the Contract. General Conditions 1400-20 Acceptance by the City, it consultants, or the City Engineer of any drawings, methods of work, or any information regarding materials and equipment the Contractor proposes to furnish in the Work shall not be regarded as an assumption of risks or liability by the City, its consultants, or the City Engineer, or any officer or employee thereof, and the Contractor shall have no claim under the Contract on account of the failure or partial failure or inefficiency or insufficiency of any plan or method of work or material and equipment so accepted. Such acceptance shall be considered to mean merely that the City, its consultants, or the City Engineer has no objection to the Contractor using, upon its own full responsibility, the plan or method of work proposed, or furnishing the materials and equipment proposed. 5.2 City-Furnished Materials Materials, if furnished by the City, will be made available as designated in the Specific Project Requirements. The cost of loading, unloading, hauling and handling, and placing City-furnished materials shall be considered as included in the price bid for the Contract item involving such City-furnished material. Contractor shall inspect and assure himself of the amount and soundness of such materials. The Contractor will be held responsible for all materials furnished to it, and shall pay all demurrage and storage charges. City-furnished materials lost or damaged from any cause whatsoever shall be replaced by the Contractor. The Contractor will be liable to the City for the cost of replacing City-furnished material and such costs may be deducted from any monies due or to become due the Contractor. 5.3 Defective and Unauthorized Work Materials and workmanship not conforming to the requirements of the Contract Documents shall be considered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the Site by the Contractor, at its expense, when so directed by the City Engineer. Any work done beyond the limits of work, lines, and grades shown on any approved plans or established by the City Engineer, or any extra work done without written authority, will be considered as unauthorized and will not be paid for. Upon failure on the part of the Contractor to comply with any order of the City Engineer made under the provisions of this section, the City Engineer shall have authority to cause defective work to be remedied, or removed and replaced, and unauthorized work to be removed, and to deduct the costs thereof from any monies due or to become due the Contractor. The time, cost and compliance requirements stipulated in Paragraph 1400-3.4, City's Right to Carry Out the Work, shall apply for this paragraph also. General Conditions 1400-21 5.4 Unnoticed Defects Any defective work or material that may be discovered by the City, its consultants, or the City Engineer before the final acceptance of the Work, or before final payment has been made, or during the warranty period, shall be removed and replaced by work and materials which shall conform to the provisions of the Contract Documents. Failure on the part of the City, its consultants, or the City Engineer to condemn or reject bad or inferior work or materials shall not be construed to imply acceptance of such work or materials. 5.5 Right to Retain Imperfect Work If any part or portion of the work performed or material furnished under this Contract shall prove defective and not in accordance with the Drawings and Specifications, and if the imperfection in the same shall not be of sufficient magnitude or importance as to make the work dangerous or unsuitable, or if the removal of such work will create conditions which are dangerous or undesirable, the City shall have the right and authority to retain such work but shall make such deductions in the final payment therefor as may be just and reasonable. 6.0 PROGRESS OF THE WORK 6.1 Beginning of Work The Contractor shall begin work within ten (10) days after receiving Notice to Proceed and shall diligently prosecute the same to completion within the time limit. Should the Contractor begin work in advance of receiving Notice to Proceed, any work performed in advance of the said date of approval shall be considered as having been done by the Contractor at its own risk and as a volunteer. 6.2 Time of Completion Time shall be of the essence of the Contract. The Contractor shall prosecute the work so that the various portions of the project shall be complete and ready for use within the time specified in Paragraph 3000-1.6 TIME ALLOWED FOR COMPLETION. It is expressly understood and agreed by and between the Contractor and the City that the Contract time for completion of the work described herein is a reasonable time taking into consideration the average climatic and economic conditions and other factors prevailing in the locality and the nature of the work. 6.3 Delays 6.3.1 Notice of Delays - When the Contractor foresees a delay in the prosecution of the Work and, in any event, immediately upon the occurrence of a delay, the Contractor shall notify the City Engineer in writing of the probability of the occurrence and the estimated extent of the delay, and its cause. The Contractor shall take immediate steps to prevent, if possible the occurrence or continuance of the delay. The General Conditions 1400-22 Contractor agrees that no claim shall be made for delays which are not called to the attention of the City Engineer at the time of their occurrence. 6.3.2 Avoidable Delays - Avoidable delays in the prosecution of the Work shall include delays which could have been avoided by the exercise of care, prudence, foresight, and diligence on the part of the Contractor or its subcontractors, at any tier level, or suppliers. 6.3.3 Unavoidable Delays - Unavoidable delays in the prosecution or completion of the Work shall include delays which result from causes beyond the control of the Contractor and which could not have been avoided by the exercise of care, prudence, foresight, and diligence on the part of the Contractor or his subcontractors, at any tier level, or suppliers. Delays in completion of the Work of other Contractors employed by the City will be considered unavoidable delays insofar as they interfere with the Contractor's completion of the current critical activity item of the Work. 6.3.3.1 Abnormal Delays - Delays caused by acts of god, fire, unusual storms, floods, tidal waves, earthquakes, strikes, labor disputes, freight embargoes, and shortages of materials shall be considered as unavoidable delays insofar as they prevent the Contractor from proceeding with at least seventy-five (75) percent of the normal labor and equipment force for at least five (5) hours per day toward completion of the current critical activity item on the favorably reviewed progress schedule. 6.3.3.2 Material Shortages - Upon the submission of satisfactory proof to the City Engineer by the Contractor, shortages of material will be acceptable as grounds for granting a time extension. In order that such proof may be satisfactory and acceptable to the City Engineer, it must be demonstrated by the Contractor that the Contractor has made every effort to obtain such materials from all known sources within reasonable reach of the proposed Work. Only the physical shortage of material, caused by unusual circumstances, will be considered under these provisions as a cause for extension of time, and no consideration will be given to any claim that material could not be obtained at a reasonable, practical, or economical cost or price, unless it is shown to the satisfaction of the City Engineer that such material could have been obtained only at exorbitant prices entirely out of line with current rates, taking into account the quantities involved and usual practices in obtaining such quantities. A time extension for shortage of material will not be considered for material ordered or delivered late or whose availability is affected by virtue of the mishandling of procurement. The above provisions apply equally to equipment to be installed in the work. General Conditions 1400-23 6.4 Time Extensions 6.4.1 Avoidable Delay - The City may grant an extension of time for avoidable delays if the City deems it is in its best interest. If the City grants an extension of time for avoidable delays, the Contractor agrees to pay the City's actual costs, including charges for engineering, inspection and administration incurred during the extension. 6.4.2 Unavoidable Delay - If the Contractor is delayed in the performance of its work by an act of the City or if the Contractor is delayed in the performance of its work by an unavoidable delay, then the Contract completion date may be extended by the City for such time that, in the City's and City Engineer's opinion, the Contractor's completion date will be unavoidably delayed, provided that the Contractor strictly fulfills the following: a. The Contractor shall provide notification, in accordance with Paragraph 1400-6.3.1, Notice of Delays and submit in writing a request for an extension of time to the City Engineer stating at a minimum the probable cause of the delay and the number of days being requested. The time extension request shall be submitted in accordance with the requirements of Paragraph 2000-4.3, TIME IMPACT ANALYSIS. b. If requested by the City Engineer, the Contractor shall promptly provide sufficient information to the City Engineer to assess the cause or effect of the alleged delay, or to determine if other concurrent delays affected the work. c. Weather Delays. The Contractor will be granted a non-compensable time extension for weather caused delays. Should the Contractor fail to fulfill any of the foregoing, which are considered conditions precedent to the right to receive a time extension, the Contractor waives the right to receive a time extension. Should the Contractor fail to complete the work within the time specified in the contract, as extended in accordance with this clause if appropriate, the Contractor shall pay to the City liquidated damages in accordance with Section 1500, Paragraph 1500-3.0, Liquidated Damages. During such extension of time, neither extra compensation for engineering, inspection and administration nor damages for delay will be charged to the Contractor. It is understood and agreed by the Contractor and City that time extensions due to unavoidable delays will be granted only if such unavoidable delays involve controlling operations which would prevent completion of the whole Work within the specified Contract time. General Conditions 1400-24 6.4.3 Indirect Overhead - The Contractor shall be reimbursed for indirect overhead expenses for periods of time when the Work is stopped due to delays as defined in Paragraph 1400-6.3.3, Unavoidable Delay. However, no reimbursement for indirect overhead shall be made for delays as defined in Paragraphs 1400-6.3.3.1, Abnormal Delays; 1400-6.4.2c, Weather Delays; or 1400-6.3.3.3, Material Shortages. As a condition precedent to any reimbursement, the Contractor must fulfill all conditions as provided in Paragraph 1400-6.4.2, Unavoidable Delay. The reimbursement of indirect overhead is limited to those delay conditions defined above when the Contractor is prevented from proceeding with seventy-five (75) percent of the normal labor and equipment force for at least five (5) hours per day toward completion of the current critical activity item(s) on the current favorably reviewed progress schedule. 6.4.3.1 Indirect Field Overhead - For those allowable delay periods as defined in Paragraph 1400-6.4.3, Indirect Overhead, the Contractor shall be reimbursed for its indirect field overhead based on: a. Invoices for all field office equipment. b. Actual salary for field office staff. c. Fair rental values acceptable to the City Engineer as described in Paragraph 1400-8.3, Force Account Payment for construction equipment idled due to the delay. 6.4.3.2 Home Office Overhead - For those allowable delay periods as defined in Paragraph 1400-6.4.3, Indirect Overhead, the Contractor shall be reimbursed for its home office overhead based on the following formula: Contract Bid Price divided by Contract Period Days x $0.03 = Daily Home Office Overhead ($/Day) Such reimbursement shall be mutually agreed between the City and Contractor to encompass full payment for any home office overhead expenses for such periods of time for the Contractor and all subcontractors. The Contractor agrees to hold the City harmless for any indirect overhead claims from its subcontractors. General Conditions 1400-25 6.5 Temporary Suspension of Work 6.5.1 If the Contractor fails to correct defective work as required by Paragraph 1400-5.3, Defective and Unauthorized Work, or fails to carry out the Work in accordance with the Contract Documents or any other applicable rules and regulations, the City, by a written order of the City Engineer or a representative specifically empowered to do so, may order the Contractor to stop the work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the City to stop the Work shall not give rise to any duty on the part of the City to exercise this right for the benefit of the Contractor or any other person or entity. All delays in the Work occasioned by such stoppage shall not relieve the Contractor of any duty to perform the Work or serve to extend the time for its completion. Any and all necessary corrective work done in order to comply with the Contract Documents shall be performed at no cost to the City. 6.5.2 In the event that a suspension of Work is ordered, as provided in this paragraph, the Contractor, at its expense, shall perform all work necessary to provide a safe, smooth, and unobstructed passageway through construction for use by public, pedestrian, and vehicular traffic, during the period of such use by suspension. Should the Contractor fail to perform the Work as specified, the City may perform such work and the cost thereof may be deducted from monies due the Contractor under the Contract. 6.5.3 The City shall also have authority to suspend the Work wholly or in part, for such period as the City may deem necessary, due to unsuitable weather, or to such other conditions as are considered unfavorable for the suitable prosecution of the Work. Such temporary suspension of the Work will be considered justification for time extensions to the Contract in an amount equal to the period of such suspension. The Contractor as directed by the City shall provide the provisions as stipulated in Paragraph 1400-6.5.2 above. Such additional work shall be compensated as provided for in Paragraph 1400-7.0, CHANGES IN SCOPE OF WORK. 6.6 Termination of Contract If at any time the Contractor is determined to be in material breach of the Contract, notice thereof in writing will be served upon the Contractor and its sureties, and should the Contractor neglect or refuse to provide means for a satisfactory compliance with the Contract, as directed by the City Engineer, within the time specified in such notice, the City shall have the authority to terminate the operation of the Contract. General Conditions 1400-26 Upon such termination, the Contractor shall discontinue the Work, or such parts of it as the City may designate. Upon such termination, the Contractor's control shall terminate and thereupon the City or its fully authorized representative may take possession of all or any part of the Contractor's materials, tools, equipment, and appliances upon the premises and use the same for the purposes of completing the Work and hire such force and buy or rent such additional machinery, tools, appliances, and equipment, and buy such additional materials and supplies at the Contractor's expense as may be necessary for the proper conduct of the Work and for the completion thereof; or the City may employ other parties to carry the Contract to completion, employ the necessary workers, substitute other machinery or materials and purchase the materials contracted for, in such manner as the City may deem proper; or the City may annul and cancel the Contract and relet the Work or any part thereof. Any excess of cost arising there from over and above the Contract price will be charged against the Contractor and its sureties, who will be liable therefore. In the event of such termination, all monies due the Contractor or retained under the terms of this Contract shall be held by the City in an escrow account; however, such holdings will not release the Contractor or its sureties from liability for failure to fulfill the Contract. Any excess cost over and above the Contract Amount incurred by the City arising from the termination of the operations of the Contract and the completion of the Work by the City as above provided shall be paid for by any available funds in the escrow account. The Contractor will be so credited with any surplus remaining after all just claims for such completion have been paid. 7.0 CHANGES IN THE SCOPE OF WORK 7.1 Change Orders 7.1.1 Without invalidating the Contract and without notice to sureties or insurers, the City, through the City Engineer, may at any time or from time to time, order additions, deletions, or revisions in the Work; these will be authorized by Field Directive, Field Order, or Change Order. A Change Order will not be issued for a Field Directive unless the City Engineer concurs with an appeal by the Contractor that such Field Directive is a change in the scope of the Contract. The Contractor shall comply promptly with the requirements for all Change Orders, Field Orders, or Field Directives. The work involved in Change Orders shall be executed under the applicable conditions and requirements of the Contract Documents. If any Field Order causes an increase or decrease in the Contract Amount or an extension or shortening of the Contract Time, an equitable adjustment will be made by issuing a Change Order. If the Contractor accepts a Change Order that does not include a time extension, the Contractor waives any claim for additional time for the work covered by that Change Order. Additional or extra work performed by the Contractor without written authorization of a Field Order or Change Order will not entitle the Contractor to an increase in the Contract Amount or an extension of the Contract Time. General Conditions 1400-27 7.1.2 Extra work shall be that work not shown or detailed on the Contract Drawings and not specified. Such work shall be governed by all applicable provisions of the Contract Documents. In giving instructions, the City Engineer shall have authority to make minor changes in the work, not involving extra cost, and not inconsistent with the purposes of the work; but otherwise, except in an emergency endangering life or property, no extra work or change shall be made unless in pursuance of a written order by the City through the City Engineer, and no claim for an addition to the total amount of the Contract shall be valid unless so ordered. 7.1.3 In case any change increases or decreases the work shown, the Contractor shall be paid for the work actually done at a mutually agreed upon adjustment to the Contract price, based upon the provisions of Paragraph 1400-8.0 PROJECT MODIFICATION PROCEDURES 7.1.4 If the Contractor refuses to accept a Change Order, the City may issue it unilaterally. The Contractor shall comply with the requirements of the Change Order. The City shall provide for an equitable adjustment to the Contract and compensate the Contractor accordingly. If the Contractor does not agree that the adjustment is equitable, it may submit a claim in accordance with Paragraph 1400-7.5.2, Claims. 7.2 Differing Site Conditions Pursuant to Public Contract Code Section 7104, the Contractor shall promptly, and before such conditions are disturbed, notify the City Engineer in writing, of any: a. Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. b. Subsurface or latent physical conditions at the site differing from those indicated. c. Unknown physical conditions at the site of any unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract. The City shall promptly, investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor's cost of, or the time required for, performance of any part of the work the City shall cause to be issued a change order under the procedures provided in Paragraph 1400-7.1, Change Orders. General Conditions 1400-28 In the event that a dispute arises between the City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all work to be performed under the Contract. The Contractor shall retain any and all rights provided either by Contract or by law which pertain to the resolution of disputes and protests between the contracting parties, Paragraph 1400-7.5, Resolution of Disputes. No claim of the Contractor under this clause shall be allowed unless the Contractor has given the notice required. 7.3 Suspensions of Work Ordered by the City If the performance of all or any portion of the work is suspended or delayed by the City in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the City, in writing, a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. Upon receipt, the City will evaluate the contractor's request. If the City agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the City shall cause to be issued a change order under the procedures provided in Paragraph 1400-7.1, Change Orders. The contractor will be notified of the City's determination whether or not an adjustment of the contract is warranted. No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed. No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract. 7.4 Significant Changes in the Character of Work The City reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered. General Conditions 1400-29 If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract under the procedures provided in Paragraph 1400-7.1, Change Orders. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the City may determine to be fair and equitable. If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract. The term “significant change” shall be construed to apply only to the following circumstances: a. When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or b. When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed. 7.5 Resolution of Disputes 7.5.1 Contract Interpretation by the City Engineer - Questions regarding the meaning and intent of the Contract Documents shall be referred in writing by the Contractor to the City Engineer. The City Engineer shall respond to the Contractor in writing with a decision. 7.5.2 Claims - Submission of a claim, properly certified, with all required supporting documentation, and written rejection or denial of all or part of the claim by the City, is a condition precedent to any action, proceeding, litigation, suit or demand for arbitration by the Contractor. General Conditions 1400-30 7.5.2.1 Notice - If the Contractor disagrees with the City Engineer's decision in Paragraph 1400-7.5.1, Contract Interpretation by the City Engineer, or in any case where the Contractor deems additional compensation or a time extension to the Contract period is due him for work or materials not covered in the Contract or which the City Engineer has not recognized as extra work, the Contractor shall notify the City Engineer, in writing, of his intention to make claim. Claims pertaining to decisions provided in Paragraph 1400-7.5.1 shall be filed in writing to the City Engineer within five (5) days of receipt of such decision. All other claims notices for extra work shall be filed in writing to the City Engineer prior to the commencement of such work. Written notice shall use the words "Notice of Potential Claim". Such Notice of Potential Claim shall state the circumstances and the reasons for the claim but need not state the amount. Additionally, no claim for additional compensation or extension of time for a delay will be considered unless the provisions of Paragraphs 1400-6.3, Delays, and 6.4, Time Extensions, are complied with. No claim filed after the date of final payment will be considered. It is agreed that unless notice is properly given, the Contractor shall not recover costs incurred by him as a result of the alleged extra work, changed work or other situation which had proper notice been given would have given rise to a right for additional compensation. The Contractor should understand that timely notice of potential claim is of great importance to the City and is not merely a formality. Such notice allows the City to consider preventative action, to monitor the Contractor's increased costs resulting from the situation, to marshal facts, and to plan its affairs. Such notice by the Contractor, and the fact that the City Engineer has kept account of the cost as aforesaid, shall not in any way be construed as proving the validity of the claim. 7.5.2.2 Submission of claim costs - Within 30 days after the last cost of work for which the Contractor contends additional compensation is due, but if costs are incurred over a span of more than 30 days, then within 15 days after the thirtieth day and every month thereafter, the Contractor shall submit to the City Engineer the costs incurred for the claimed matter. Claims shall be made in itemized detail satisfactory to the City Engineer in content, detail and format of presentation. If the additional costs are in any respect not knowable with certainty, they shall be estimated. If the claim is found to be just, it shall be allowed and paid for as provided in Section 1400-8.0, PROJECT MODIFICATION PROCEDURES. 7.5.2.3 Affidavit required - All claims submitted to the City shall be accompanied with a type written affidavit containing the following language; it must be signed, dated, and notarized on the Contractor's letterhead: General Conditions 1400-31 I, (must be an officer) , being the (title) of (contractor's name) , declare under penalty of perjury under the laws of the state of California, and do personally certify and attest that: I have thoroughly reviewed the attached claim for additional compensation and/or extension of time, and know its contents, and said claim is made in good faith; the supporting data is truthful and accurate; the amount requested accurately reflects the contract adjustment for which the contractor believes the City of La Quinta is liable; and further, that I am familiar with California Penal Code Section 72 and California Government Code Section 12560, Et Seq, pertaining to false claims, and further know and understand that submission or certification of a false claim may lead to fines, imprisonment and/or other severe legal consequences. 7.5.2.4 Claim meetings - From time to time the City Engineer may call special meetings to discuss outstanding claims. The Contractor shall cooperate and attend, prepared to discuss outstanding claims, making available the personnel necessary for claim resolution, and providing documents reasonably requested by the City Engineer. 7.5.3 Resolution of Claims - For all contracts awarded during the effective dates of Public Contract Code Section 20104, where claims cannot be resolved between the parties, claims for three hundred and seventy-five thousand dollars ($375,000) or less shall be resolved pursuant to the provisions of that code section, which is summarized in Paragraphs 1400-7.5.3.1 to 1400-7.5.3.5. For claims greater than three hundred and seventy-five thousand dollars ($375,000) Paragraphs 1400- 7.5.3.2 to 1400-7.5.3.4 are applicable; however, Paragraph 1400-7.3.3.5, Civil Actions for claims less than $375,000, is not applicable. 7.5.3.1 Claims Less Than $50,000 a. For claims of less than fifty thousand dollars ($50,000), the City Engineer shall respond in writing to written claims within 45 days of receipt of the claim in Paragraph 1400-7.5.2, Claims, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. b. If additional information is thereafter required, it shall be requested and provided pursuant to this section, upon mutual agreement of the City and the Contractor. c. The City Engineer's written response to the claim, as further documented, shall be submitted to the Contractor within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the Contractor in producing the additional information, whichever is greater. General Conditions 1400-32 7.5.3.2 Claims Greater Than $50,000 a. For claims of over fifty thousand dollars ($50,000), the City Engineer shall respond in writing to all written claims within 60 days of receipt of the claim in Paragraph 1400-7.5.2, Claims, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. b. If additional information is thereafter required, it shall be requested and provided pursuant to this paragraph, upon mutual agreement of the City and the Contractor. c. The City Engineer's written response to the claim, as further documented, shall be submitted to the Contractor within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater. 7.5.3.3 Claim Conference - If the Contractor disputes the City Engineer's written response, or if the City Engineer fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City Engineer's response or within 15 days of the City Engineer's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the City shall schedule a meet and conference within 30 days for settlement of the dispute. 7.5.3.4 Claim Filing - If the claim or any portion remains in dispute after the claim conference noted in Paragraph 1400-7.5.3.4, 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 1400-7.5.2, Claims, until the time the claim is denied, including any period of time utilized in the meet and confer process. 7.5.3.5 Civil Actions for Claims Less Than $375,000 - The following procedures are established for all civil actions filed to resolve claims for less than three hundred seventy-five thousand dollars ($375,000): a. Within 60 days, but no earlier than 30 days, following the filing or responsive pleading, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court. General Conditions 1400-33 b. If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that Code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. c. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgement shall, in addition to payment of costs and fees under the chapter, also pay the attorney's fees on appeal of the other party. 7.5.3.6 Unresolved Issues - Unless this Contract provides otherwise, all claims, counterclaims, disputes, and other matters in question between the City and the Contractor that are not resolved between the City and the Contractor and are not governed by Public Contract Code 20104 shall be decided by a court of competent jurisdiction. Arbitration shall not be used for resolution of these disputes. Should either party to this Contract bring legal action against the other, the case shall be handled in the California county where the work is being performed. 7.5.4 Records of Disputed Work - In proceeding with a disputed portion of the Work, the Contractor shall keep accurate records of its costs and shall make available, to the City Engineer, a daily summary of the hours and classification of equipment and labor utilized on the disputed work, as well as a summary of any materials or any specialized services which are used. Such information shall be submitted to the City Engineer on a monthly basis, receipt of which shall not be construed as an authorization for or acceptance of the disputed work. 8.0 PROJECT MODIFICATION PROCEDURES 8.1 Changes in Contract Price Whenever corrections, alterations, or modifications of the work under this Contract are ordered by the City Engineer and approved by the City and increase the amount of work to be done, such added work shall be known as extra work; and when such corrections, alterations, or modifications decrease the amount of work to be done, such subtracted work shall be known as work omitted. The difference in cost of the work affected by such change will be added to or deducted from the amount of said Contract price, as the case may be, by a fair and reasonable valuation, which shall be determined in one or more of the following ways as directed by the City Engineer: a. By unit prices subsequently fixed by agreement between the parties; General Conditions 1400-34 b. By an acceptable lump sum proposal from the Contractor; or c. By Force Account (as described in Paragraph 1400-8.3, Force Account Payment), when directed in writing and administered by the City through its agents. When required by the City Engineer, the Contractor shall submit, in the form prescribed by the City Engineer, an itemized breakdown with supporting data of the quantities and prices used in computing the value of any change that may be ordered. The City Engineer will review the Contractor's proposal for the change and negotiate an equitable adjustment with the Contractor. After there is an agreement the City Engineer will prepare and process the Change Order and make a recommendation for action by the City. All Change Orders must be approved by the City in writing before the work can be authorized and the Change Order executed. The prices agreed upon and any agreed upon adjustment in Contract Time shall be incorporated in the written order issued by the City, which shall be written so as to indicate an acceptance on the part of the Contractor as evidenced by its signature. By signature of the Change Order, the Contractor acknowledges that the adjustments to cost and time contained in the Change Order are in full satisfaction and accord, payment in full, and so waives any right to claim further cost and time impacts at any time during and after completion of the Contract for the changes encompassed by the Change Order. 8.2 Negotiated Change Orders Under the methods described in Paragraph 1400-8.1b and 8.1c above, the Contractor shall submit substantiating documentation with an itemized breakdown of Contractor and subcontractor direct costs, including labor, material, equipment rentals, and approved services, pertaining to such ordered work in the form and detail acceptable to the City Engineer. The direct costs shall include only the payroll cost for workers and foremen, including wages, fringe benefits as established by negotiated labor agreements or state prevailing wages, workers' compensation and labor insurance, and labor taxes as established by law. No other fixed labor burdens will be considered, unless approved in writing by the City Engineer; the cost of materials used and equipment delivered and installed in such work as substantiated by appropriate documents; the cost of construction machinery and equipment based on fair rental or ownership values acceptable to the City Engineer as described in Paragraph 1400-8.3, Force Account Payment; and the cost of incidentals directly related to such work. The direct costs shall not include any labor or office costs pertaining to the Contractor's managers or superintendents, his office and engineering staff and office facilities, or anyone not directly employed on such work, nor the cost of rental of small tools as all such indirect costs form a part of the Contractor's overhead expense. General Conditions 1400-35 Under the method described in Paragraph 1400-8.1b and 8.1c the maximum percentage which will be allowed for the Contractor's combined overhead and profit will be: a. For work by its own organization, the Contractor may add the following percentages: • Direct Labor 25 percent • Materials 15 percent • Equipment (owned or rented) 15 percent b. For all such work done by subcontractors, such subcontractor may add the same percentages as the Contractor as listed in (1) above to its actual net increase in costs for combined overhead and profit and the Contractor may add up to ten (10) percent of the subcontractor's total for its combined overhead and profit. c. For all such work done by subtier-subcontractors, such sub-subcontractors may add the same percentages as the Contractor as listed in (1) above to its actual net increase in costs for combined overhead and profit and the subcontractor may add up to ten (10) percent of the sub-subcontractor's total for his combined overhead and profit. The Contractor may add up to five (5) percent of the subcontractor's total for its combined overhead and profit. d. To the total of the actual costs and fees allowed hereinunder, not more than two (2) percent shall be added for additional bond and insurance other than labor insurance. The above fees represent the maximum limits which will be allowed, and they include the Contractor's and all subcontractors' indirect home office expenses and all costs for cost proposal preparation. When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any, for each area of work, i.e. direct labor, materials, equipment, and subcontractors. The amount of credit to be allowed by the Contractor to the City for any such change which results in a net decrease in cost will be the amount of the actual net decrease and a credit in accordance with the markups allowed under the use of the method described in Paragraph 1400-8.3, Force Account Payment. The Contractor shall not claim for anticipated profits on work that may be omitted. General Conditions 1400-36 8.3 Force Account Payment If either the amount of work or payment for a Change Order cannot be determined or agreed upon beforehand, the City may direct by written Change Order or Field Order that the work be done on a force account basis. The term "force account" shall be understood to mean that payment for the work will be done on a time and expense basis, that is, on an accounting of the Contractor's forces, materials, equipment, and other items of cost as required and used to do the work. For the work performed, payment will be made for the documented actual cost of the following: a. Direct labor cost for workers, including foremen, who are directly assigned to the force account work: Direct labor cost is the actual payroll cost, including wages, fringe benefits as established by negotiated labor agreements or state prevailing wages, workers' compensation and labor insurance, and labor taxes as established by law. No other fixed labor burdens will be considered, unless approved in writing by the City. b. Material delivered and used on the designated work, including sales tax, if paid for by the Contractor or its subcontractor. c. Equipment rental, including necessary transportation for items having a value in excess of One Thousand Dollars ($1,000.00). d. Additional bond. e. Additional insurance, other than labor insurance. To the preceding costs, there shall be added the following fees for the Contractor, subcontractor, or sub-subcontractor actually performing the work: • A fixed fee not to exceed fifteen (15) percent of the costs of Items a, b, and c above. • To the total of the actual costs and fees allowed hereunder, not more than two (2) percent shall be added for additional bond and insurance as the cost of Items d and e above. For work performed by an approved subcontractor, the Contractor may add to the total of the actual costs and fixed fees allowed under the preceding paragraph an additional fixed fee of five (5) percent of said total. No further compensation will be allowed for the Contractor's administration of the work performed by the subcontractor. For work performed by a subtier-subcontractor, the subcontractor may add to the total of the actual costs and fixed fees allowed under the preceding paragraph an additional fixed fee of five (5) percent of said total. No further compensation will be allowed for the subcontractor's administration of the work performed by the subtier-subcontractor. The Contractor may add to the total of the actual costs and fixed fees allowed under this paragraph an additional fixed fee of five (5) percent of said total. No further compensation will be allowed for the Contractor's administration of the work performed by the subcontractor. General Conditions 1400-37 The added fixed fees shall be considered to be full compensation, covering the cost of general supervision, overhead, profit, and any other general expense. The above fixed fees represent the maximum limits which will be allowed, and they include the Contractor's and all subcontractors' indirect home office expenses and all costs for cost proposal preparation and record keeping. The City reserves the right to furnish such materials and equipment as it deems expedient, and the Contractor shall have no claim for profit or added fees on the cost of such materials and equipment. For equipment under Item c above, rental or equivalent rental cost will be allowed for only those days or hours during which the equipment is in actual use. Payment shall be based on actual rental and transportation invoices but shall not exceed the monthly rate in the Rental Rate Blue Book. Owner- operated equipment rates shall not exceed the monthly rate in the Rental Rate Blue Book plus the labor costs as provided in Item a. above. The rental cost allowed for equipment will, in all cases, be understood to cover all fuel, supplies, repairs, ownership, and incidental costs and no further allowances will be made for those items, unless specific agreement to that effect is made. For Contractor owned equipment, the rental rate shall be as listed for such equipment in the California Department of Transportation publication entitled "Labor Surcharge and Equipment Rental Rates", which is in effect on the date the work is accomplished. When equipment is not listed in said publication, a suitable rental rate for such equipment will be established by the City Engineer. Prior to the commencement of force account work, the Contractor shall notify the City Engineer of its intent to begin work. Labor, equipment and materials furnished on force account work shall be recorded daily by the Contractor upon report sheets furnished by the City Engineer to the Contractor. The reports, if found to be correct, shall be signed by both the Contractor and City Engineer, or inspector, and a copy of which shall be furnished to the City Engineer no later than the working day following the performance of said work. The daily report sheet shall thereafter be considered the true record of force account work provided. The Contractor shall maintain its records in such a manner as to provide a clear distinction between the direct costs of work paid for on a force account basis and the costs of other operations. To receive partial payments and final payment for force account work, the Contractor shall submit, in a manner approved by the City Engineer, detailed and complete documented verification of the Contractor's and any of its subcontractor's actual costs involved in the force account pursuant to the pertinent Change Order or Field Order. Such costs shall be submitted within thirty (30) days after said work has been performed. No payments will be made for work billed and submitted to the City Engineer after the thirty (30) day period has expired. 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 General Conditions 1400-38 acceptable to the City Engineer and shall provide names or identifications and classifications of workers, the hourly rate of pay and hours worked, and also the size, type, and identification number of equipment and hours operated. Material charges shall be substantiated by valid copies of vendor's invoices. When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any. The amount of credit to be allowed by the Contractor to the City for any such change which results in a net decrease in cost will be the amount of the actual net decrease and a credit in accordance with the markups allowed under the use of the method described in this Paragraph. The Contractor shall not claim for anticipated profits on work that may be omitted. 8.4 Time Extensions for Change Orders If the Contractor requests a time extension for the extra work necessitated by a proposed Change Order, the request must comply with the applicable requirements within Section 2000, Special Provisions, Paragraph 4.3 Time Impact Analysis. 9.0 PAYMENT 9.1 Scope of Payment 9.1.1 General - The Contractor shall accept the compensation, as herein provided, as full payment for furnishing all labor, materials, tools, equipment, and incidentals necessary for completing the Work according to the Contract Documents, and no additional compensation will be allowed therefore. Neither the payment of any partial payment estimate nor of any retained percentage shall relieve the Contractor of any obligation to make good any defective work or material. 9.1.2 Payment for Patents and Patent Infringement - All fees or claims for any patented invention, article, or arrangement that may be used upon, or in, any manner connected with the performance of the work or any part thereof shall be included in the price bid for doing the work, and the Contractor and its sureties shall defend, protect, and hold the City, its consultants, the City Engineer, together with all their officers, agents, and employees harmless against liability of any nature or kind for any and all costs, legal expenses, and damages made for such fees or claims and against any and all suits and claims brought or made by the holder of any invention or patent, or on account of any patented or unpatented invention, process, article, or appliance manufactured for or used in the performance of the Contract, including its use by the City, unless otherwise specifically stipulated in the Contract. Before final payment is made on the Contract, the Contractor shall furnish an affidavit to the City regarding patent rights for the project. The affidavit shall state that all fees and payments due as a result of the work incorporated into the project or methods utilized during construction have been paid in full. The Contractor shall certify in the affidavit that no other fees or claims exist for work in this project. General Conditions 1400-39 9.1.3 Payment of Taxes - The Contractor shall pay and shall assume exclusive liability for all taxes levied or assessed on or in connection with the Contractor's performance of this Contract, including, but not limited to, State and local sales and use taxes, Federal and State payroll taxes or assessments, and excise taxes, and no separate allowance will be made therefor, and all costs in connection therewith shall be included in the total amount of the Contract price. 9.1.4 Payment for Labor and Materials - The Contractor shall pay and require its subcontractors to pay any and all accounts for labor including worker's compensation premiums, state unemployment and federal social security payments and other wage and salary deductions required by law. The Contractor also shall pay and cause its subcontractors to pay any and all accounts for services, equipment, and materials used by the Contractor and its subcontractors during the performance of work under this Contract. Such accounts shall be paid as they become due and payable. If requested by the City, the Contractor shall furnish proof of payment of such accounts to the City. 9.2 Partial Payments In consideration of the faithful performance of the work prosecuted in accordance with the provisions of these Specifications and the Contract, the City will pay the Contractor for all such work installed on the basis of percentage completion. Payments will be made by the City to the Contractor on estimates duly certified and approved by the City Engineer, based on the value of equipment installed and tested, labor and materials incorporated into said permanent work by the Contractor during the preceding month. Payments will not be made for temporary construction unless specifically provided for in the Contract Documents. Partial payments will be made monthly based on work accomplished as of a day mutually agreed to by the City and the Contractor. The Contractor shall submit his estimate of the work completed during the prior month and the work completed to date in a format corresponding to the accepted cost breakdown. The City Engineer shall review the submitted estimate, and upon approval, the Contractor may submit a detailed invoice for those amounts approved by the City Engineer. If requested, the Contractor shall provide such additional data as may be reasonably required to support the partial payment request. If the City Engineer does not agree with the Contractor's estimate of amount earned, the partial payment request will be returned for revision. The City Engineer will be available to meet to discuss the partial payment request prior to its re- submittal. When the Contractor's estimate of amount earned conforms with the City Engineer's evaluation, the City Engineer will calculate the amount due the Contractor, prepare the progress payment request for signature by the Contractor, and submit the recommended progress payment request for the City's approval and processing. General Conditions 1400-40 Payment will be made by the City to the Contractor in accordance with City's normal accounts payable procedures; the City shall retain amounts in accordance with Paragraph 1400-9.4, Right to Withhold Amounts. No such estimate or payment shall be required to be made, when in the judgement of the City Engineer, the Work is not proceeding in accordance with the provisions of the Contract, or when in the City Engineer's judgement the total value of the Work done since the last estimate amounts to less than One Thousand Dollars ($1,000.00). 9.3 Partial Payments - Inclusion of Materials on Hand No payment will be made for materials delivered to the site that are not yet incorporated into the work. 9.4 Right to Withhold Amounts 9.4.1 Retention - The City will deduct from each partial payment and retain as part security, five (5) percent of the amount earned until the final payment. Pursuant to Public Contract Code Section 22300, for monies earned by the Contractor and withheld by the City to ensure the performance of the Contract, the Contractor, may, at his or her option, choose to substitute securities meeting the requirements of said Section 22300. In the event the Contractor desires to choose this option, the Contractor shall enter into an escrow agreement with the City, and the escrow agent, a qualified bank to be chosen by City, in the form of the contract included in the project specifications. The costs of such escrow shall be paid by the Contractor. The securities to be deposited in said escrow account shall be equivalent, in fair market value, to the amount to be withheld as performance retention. The securities shall be held in accordance with the provisions of Public Contract Code Section 22300, and the implementing contract. Contractor shall have the obligation of ensuring that such securities deposited are sufficient so as to maintain, in total fair market value, an amount equal to the cash amount of the sums to be withheld under the Contract. If, upon written notice from the City, or from the appropriate escrow agent, indicating that the fair market value of the securities has dropped below the dollar amount of monies to be withheld by the City to ensure performance, Contractor shall, within five days of the date of such notice, post additional securities as necessary to ensure that the total fair market value of all such securities held by the City, or in escrow, is equivalent to the amount of money to be withheld by the City under the Contract. Any Contractor that desires to exercise this option shall give notice in writing to City and shall thereafter execute the escrow agreement form provided in Appendix A of these Specifications. General Conditions 1400-41 9.4.2 Other Withholds - In addition to the amount which the City may otherwise retain under the Contract, the City may withhold a sufficient amount or amounts of any payment or payments otherwise due the Contractor, as in its judgement may be necessary to cover: a. Payments which may be past due and payable for just claims against the Contractor or any subcontractor for labor or materials furnished for the performance of this Contract. b. For defective work not remedied. c. For failure of the Contractor to make proper payments to its subcontractors or suppliers. d. A reasonable doubt that the Contract can be completed for the balance then unpaid. e. Damage to another Contractor or third party, or to property. f. Failure of the Contractor to keep its work progressing in accordance with its progress schedule or maintaining current "As-Built" record drawings. g. The City's costs for the Contractor's failure to complete within the allowed time. h. Cost of insurance arranged by the City due to cancellation or reduction of the Contractor's insurance. i. Failure of the Contractor to make proper submissions, as herein specified. j. Failure to submit, revise, resubmit, or otherwise conform to the requirements herein for preparing and maintaining a construction schedule. k. Payments due the City from the Contractor. l. Reduction of Contract Amount because of modifications. m. The Contractor's neglect or unsatisfactory prosecution of the work including failure to clean up. n. Provisions of law that enable or require the City to withhold such payments in whole or in part. General Conditions 1400-42 When the above reasons for withhold amounts are removed, payment may be made to the Contractor for amounts withheld. The City in its discretion may apply any withheld amount or amounts to the payment of valid claims. In so doing, the City shall be deemed the agent of the Contractor, and any payment so made by the City shall be considered as a payment made under the Contract by the City to the Contractor, and the City shall not be liable to the Contractor for such payment made in good faith. Such payments may be made without prior judicial determination of the claim or claims. The City will render to the Contractor a proper accounting of such funds disbursed in behalf of the Contractor. 9.5 Substantial Completion When the Contractor considers that the Work is substantially complete, the Contractor shall notify the City Engineer in writing. Upon receipt of the notification, the City and/or its authorized representatives will make inspection, to determine if the Work is sufficiently complete in accordance with the Contract Documents so the City can occupy or utilize the Work for its intended use. If items are found which prevent such use or occupancy, the City Engineer shall notify the Contractor in writing of such items. Upon the completion of such corrective work, the Contractor shall so notify the City Engineer in writing. The City Engineer shall inspect the Work to determine its acceptability for Substantial Completion and for determination of other items which do not meet the terms of the Contract. Upon verification that the project is substantially complete the City Engineer shall prepare a Certificate of Substantial Completion. The Certificate shall establish the date of Substantial Completion and the responsibilities of the City and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time, not to exceed 60 days, within which the Contractor shall finish all items on the punch list accompanying the Certificate. When the preceding provisions have been approved by both the City and the Contractor, they shall sign the Certificate to acknowledge their written acceptance of the responsibilities assigned to them in such Certificate. By such acknowledgment, the Contractor agrees to pay the City's actual costs including, but not limited to, charges for engineering, inspection and administration incurred due to the failure to complete the punch list within the time period provided in the Certificate of Substantial Completion. 9.6 Final Inspection and Payment Upon completion of the Work, and upon completion of final cleaning, the Contractor shall so notify the City Engineer in writing. Upon receipt of the notification, the City and/or its authorized representatives, will make the final inspection, to determine the actual status of the Work in accordance with the terms of the Contract. If materials, equipment, or workmanship are found which do not meet the terms of the Contract, the City Engineer shall prepare a punch list of such items and submit it to the Contractor. General Conditions 1400-43 Following completion of the corrective work by the Contractor, the City Engineer shall notify the City that the Work has been completed in accordance with the Contract. Final determination of the acceptability of the Work shall be made by the City. After completion of the work, but prior to its acceptance by the City, the last partial payment will be made to the Contractor in accordance with Paragraph 1400-9.2, Partial Payments. After receipt of the last partial payment, but prior to acceptance of the Work by the City, the Contractor shall send a letter to the City Engineer. The letter, pursuant to California Public Contract Code Section 7100, shall state that acceptance of the final payment described below shall operate as and shall be, a release to the City, its consultants, the City Engineer, and their duly authorized agents, from all claim of and/or liability to the Contract arising by virtue of the Contract related to those amounts. Disputed Contract claims in stated amounts previously filed as provided in Paragraph 1400-7.5.2, Claims, may be specifically excluded by the Contractor from the operation of the release. Following receipt of all required Submittals and the City Engineer's written statement that construction is complete and recommendation that the City accept the project, the City will take formal action on acceptance. Within ten (10) days of the acceptance by the City of the completed work embraced in the Contract, the City will cause to be recorded in the office of the County Recorder a Notice of Completion. After thirty-five (35) days after recording Notice of Completion of the work involved in the Contract, the City will pay the Contractor in lawful money such sums of money as may be due the Contractor including all sums retained but excluding such sums as have previously been paid the Contractor. This payment will constitute the final payment to the Contractor under this Contract. 9.7 Warranty of Title No material, supplies, or equipment for the work under this Contract shall be purchased subject to any chattel mortgage, security agreement, or under a conditional sale or other agreement by which an interest therein or any part thereof is retained by the seller or supplier. The Contractor warrants good title to all material, supplies, and equipment installed or incorporated in the work and agrees upon completion of all work to deliver the premises, together with all improvements and appurtenances constructed or placed thereon by the Contractor, free from any claim, liens, security interest, or charges, and further agrees that neither the Contractor nor any person, firm, or corporation furnishing any materials or labor for any work covered by this Contract shall have any right to a lien upon the premises or any improvement or appurtenances thereon. END OF SECTION Supplemental General Conditions 1500-1 SECTION 1500 SUPPLEMENTAL GENERAL CONDITIONS 1.0 CITY ENGINEER The City Engineer for the City of La Quinta is: Bryan McKinney, P.E. Public Works Director/City Engineer 78-495 Calle Tampico La Quinta, CA 92253 (760) 777-7045 2.0 CONSULTANTS 2.1 Design Engineer Civil Engineer: Bridge Engineers: Bradley J. Donais, P.E. Scott Onishuk, P.E. and Md Wahiduzzaman, P.E. Heptagon Seven Consulting Bengal Engineering 8413 E. Baseline Road, Suite 106 360 S. Hope Avenue, Suite C-110 Mesa, AZ 85209 Santa Barbara, CA 93105 PHONE: (480) 757-0997 Phone: (805) 563-0788 2.2 Materials Testing Materials testing for this project will be provided by the City. The City inspector will notify the Contractor when materials will be tested. However, testing may be random as determined by City. 2.3 Survey The construction surveyor for this project will be provided by the City. The City will furnish one (1) set of construction stakes for the following items of work, which may include, but not be limited to: 1. Driveway Approach Centerline Removal and saw cut lines; 2. Temporary bypass centerline and grade; 3. Curb line and grade; 4. Retaining wall line and grade, top of footing and top of wall; 5. Perimeter wall line and grade, top of footing; 6. Storm drainpipe line and grade; 7. Water main line and grade; 8. Sewer main line and grade; 9. Catch basin centerline, invert and top of curb face; 10. Manhole centerline, invert and rim elevation; 11. Bridge construction; and 12. Slope protection line and grade at toe, angle point and top Supplemental General Conditions 1500-2 The Contractor's requests for surveying shall be made to the Engineer a minimum of forty-eight (48) hours prior to the time requested for said work. All requests for survey work shall be approved by the City prior to issue of survey request. If construction staking is provided and subsequently removed whether accidentally or otherwise, or the contractor desires additional staking from the above sets, the Contractor will be charged for re-staking at a fee of $275.00 per hour (4-hour minimum). 2.4 Environmental Stewardship Contractor shall comply with all items within the “Mitigation Monitoring Plan” as shown in Appendix D and with all items within the permits in Appendix C. This project will have various monitors to ensure environmental compliance. The Contractor will be required to coordinate with the monitors to allow them to conduct their work. The monitors have the authority to redirect work away, or if the need arises halt work, from certain areas in specific cases where birds, artifacts, or fossils are found. If human remains or possible human remains are encountered, construction activities in the immediate vicinity should be halted temporarily, and the Riverside County Coroner’s Office should be notified immediately pursuant to state law. The Contractor; however, is not responsible for hiring a professional archeologist or biologist. The Contractor shall limit the grading operations to 5 acres or less of disturbed area at any given time during the construction of the project. During all excavation operations south of the storm water channel, the City will have a full-time archaeological monitor on site to observe the ground disturbance operations. In addition, the Contractor shall provide access to the site, during ground disturbing operations to a tribal monitor provided by the Native American group. 2.5 Quality Assurance The City uses a Quality Assurance Program (QAP), included in the Appendix, to ensure a material is produced to comply with the Contract. The Contractor may examine the records and reports of tests the Agency performs if they are available at the job site. The Contractor shall schedule work to allow time for QAP. 3.0 LIQUIDATED DAMAGES It is agreed by the parties to the Contract that time is of the essence; and that in the case all work is not completed before or upon the expiration of the time limit set forth within Section 1300 Contract; Subsection 4, damage will be sustained by the City and it is, therefore, agreed that the Contractor will pay to the City an amount of $6,000 per work day. The damages described above will be deducted from any money due the Contractor under this Contract; the Contractor and his sureties shall be liable for any such excess cost. Supplemental General Conditions 1500-3 The Contractor shall not be deemed in breach of its Contract and no forfeiture due to delay shall be made because of any delays in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, provided the Contractor requests an extension of time in accordance with the procedures set forth in Section 3 of the Standard Specifications. Unforeseeable causes of delay beyond the control of the Contractor shall include acts of God, acts of a public enemy, acts of the government, or acts of another contractor in the performance of a contract with the City, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, weather, or delays caused by failure of the City or the owner of a utility to provide for removal or relocation of existing utility facilities. Delays caused by actions or neglect of the Contractor, its agents, employees, officers, subcontractors, or suppliers shall not be excusable. Excusable delays (those beyond Contractor's control) shall not entitle the Contractor to any additional compensation. The sole remedy of the Contractor shall be to seek an extension of contract time. 4.0 SUBMITTALS 1. Definitions A. Shop Drawings, Product Data and Samples: Instruments prepared and submitted by Contractor, for Contractor’s benefit, to communicate to Engineer the Contractor’s understanding of the design intent, for review and comment by Engineer on the conformance of the submitted information to the general intent of the design. Shop drawings, product data and samples are not Contract Documents. B. Shop Drawings: Drawings, diagrams, schedules and illustrations, with related notes, specially prepared for the Work of the Contract, to illustrate a portion of the Work. C. Product Data: Standard published information (“catalog cuts”) and specially prepared data for the Work of the Contract, including standard illustrations, schedules, brochures, diagrams, performance charts, instructions and other information to illustrate a portion of the Work. D. Samples: Physical examples that demonstrate the materials, finishes, features, workmanship and other characteristics of a portion of the Work. Accepted samples shall serve as quality basis for evaluating the Work. E. Other Submittals: Technical data, test reports, calculations, surveys, certifications, special warranties and guarantees, operation and maintenance data, extra stock and other submitted information and products shall also not be considered to Contract Documents but shall be information from Contractor to Engineer to illustrate a potion of the Work for confirmation of understanding of design intent. Supplemental General Conditions 1500-4 2. Review of Submittals A. Submittals shall be a communication aid between Contractor and the Engineer by which interpretation of Contract Documents requirements may be confirmed in advance of construction. 1. Reviews by Engineer and other design professionals shall be only for general conformance with the design concept of the Project and general compliance with the Drawings and Specifications. 2. Engineer will review submittals as originally submitted and the first resubmission. Costs for additional reviews shall be reimbursed by Contractor to Owner by deductive Change Order. 3. All submittals shall be approved by the Engineer and/or City prior to installation. 3. Required Submittals (May include but are not limited to): A. Milestone Schedule B. Traffic Control C. Schedule D. SWPPP E. Concrete Mixes F. Material Certifications G. Asphalt Mix Design H. Aggregate Base I. Precast Concrete Structures J. Block and Mortar K. Slurry Seal L. Raised Dome Tiles M. Plants, Shrubs, Trees, Rocks, Gravel, etc. per Technical Specifications N. Irrigation Components O. Bridge Falsework P. Reinforcing Steel Q. Metal Railing R. CIDH Piling S. Prestressing Details T. Joint Seal Assembly U. Aesthetics V. Bridge Drainage System W. Electrical Utility Supports X. Column Guying Y. Lighting Z. 4 Scales ***END OF SECTION*** Federal Requirements for Federal-Aid Construction Projects 1550-1 SECTION 1550 FEDERAL REQUIREMENTS FOR FEDERAL-AID CONSTRUCTION PROJECTS 1.0 FEMALE AND MINORITY GOALS To comply with Section II, “Nondiscrimination,” or “Required Contract Provisions Federal – Aid Construction Contracts,” the following are for female and minority utilization goals for Federal-Aid construction contracts and subcontracts that exceed $10,000: The nationwide goal for female utilization is 6.9 percent. The goals for minority utilization [45 Fed Reg 65984 (10/31/1980)] are as follows: Minority Utilization Goals Economic Area Goal (Percent) 174 Redding CA: Non-SMSA (Standard Metropolitan Statistical Area) Counties: CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tehama 6.8 175 Eureka, CA Non-SMSA Counties: CA Del Norte; CA Humboldt; CA Trinity 6.6 176 San Francisco-Oakland-San Jose, CA: SMSA Counties: 7120 Salinas-Seaside-Monterey, CA CA Monterey 7360 San Francisco-Oakland CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo 7400 San Jose, CA CA Santa Clara, CA 7485 Santa Cruz, CA CA Santa Cruz 7500 Santa Rosa CA Sonoma 8720 Vallejo-Fairfield-Napa, CA CA Napa; CA Solano Non-SMSA Counties: CA Lake; CA Mendocino; CA San Benito 28.9 25.6 19.6 14.9 9.1 17.1 23.2 177 Sacramento, CA: SMSA Counties: 6920 Sacramento, CA CA Placer; CA Sacramento; CA Yolo Non-SMSA Counties CA Butte; CA Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Sierra; CA Sutter; CA Yuba 16.1 14.3 Federal Requirements for Federal-Aid Construction Projects 1550-2 For the last full week of July, during which work is performed under the contract, the Contractor and each non-material-supplier subcontractor with a subcontract with a subcontract of $10,000 or more must complete Form FHWA PR-1391 (Appendix C to 23 CFR 230). Forms are to be submitted by August 8. 2.0 FEDERAL TRAINEE PROGRAM For the Federal training program, the number of trainees or apprentices is seventeen (17): This section applies if a number of trainees or apprentices is specified in the special provisions. 178 Stockton-Modesto, CA: SMSA Counties: 5170 Modesto, CA CA Stanislaus 8120 Stockton, CA CA San Joaquin Non-SMSA Counties CA Alpine; CA Amador; CA Calaveras; CA Mariposa; CA Merced; CA Tuolumne 12.3 24.3 19.8 179 Fresno-Bakersfield, CA SMSA Counties: 0680 Bakersfield, CA CA Kern 2840 Fresno, CA CA Fresno Non-SMSA Counties: CA Kings; CA Madera; CA Tulare 19.1 26.1 23.6 180 Los Angeles, CA: SMSA Counties: 0360 Anaheim-Santa Ana-Garden Grove, CA CA Orange 4480 Los Angeles-Long Beach, CA CA Los Angeles 6000 Oxnard-Simi Valley-Ventura, CA CA Ventura 6780 Riverside-San Bernardino-Ontario, CA CA Riverside; CA San Bernardino 7480 Santa Barbara-Santa Maria-Lompoc, CA CA Santa Barbara Non-SMSA Counties CA Inyo; CA Mono; CA San Luis Obispo 11.9 28.3 21.5 19.0 19.7 24.6 181 San Diego, CA: SMSA Counties 7320 San Diego, CA CA San Diego Non-SMSA Counties CA Imperial 16.9 18.2 Federal Requirements for Federal-Aid Construction Projects 1550-3 As part of the equal opportunity affirmative action program, the Contractor shall provide on-the-job training to develop full journeymen in the types of trades or job classifications involved. The Contractor shall have primary responsibility for meeting this training requirement. If the Contractor subcontracts a contract part, the Contractor shall determine how many trainees or apprentices are to be trained by the subcontractor. These training requirements shall be included in the subcontract. Where feasible, 25 percent of the apprentices or trainees in each occupation must be in their first year of apprenticeship or training. The Contractor shall distribute the number of apprentices or trainees among the work classifications on the basis of needs and availability of journeymen in the various classifications within a reasonable recruitment area. The Contractor shall submit to the City of La Quinta: 1. Number of apprentices or trainees to be trained for each classification 2. Training program to be used 3. Training starting date for each classification The Contractor shall obtain the City of La Quinta’s approval for this submitted information prior to starting work. The City of La Quinta shall credit the Contractor for each apprentice or trainee employed on the work who is currently enrolled in or becomes enrolled in an approved program. The primary objective of this section is to train and upgrade minorities and women toward journeymen status. The Contractor shall make every effort to enroll minority and women apprentices or trainees, such as conducting systematic and direct recruitment through public and private sources likely to yield minority and women apprentices or trainees, to the extent they are available within a reasonable recruitment area. The Contractor shall show that these efforts have been made. In making these efforts, the Contractor shall not discriminate against any applicant for training. The Contractor shall not employ as an apprentice or trainee an employee: 1. In any classification in which the employee has successfully completed a training course leading to journeyman status or in which the employee has been employed as a journeyman Federal Requirements for Federal-Aid Construction Projects 1550-4 2. Who is not registered in a program approved by the U.S. Department of Labor, Bureau of Apprenticeship and Training The Contractor shall ask the employee if the employee has successfully completed a training course leading to journeyman status or has been employed as a journeyman. The Contractor’s records must show the employee’s answers to the questions. In the training program, the Contractor must establish the minimum length and training type for each classification. The City of La Quinta and FHWA approves a program if one of the following is met: 1. It is calculated to: • Meet the equal employment opportunity responsibilities • Qualify the average apprentice or trainee for journeyman status in the classification involved by the end of the training period 2. It is registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training, and it is administered in a way consistent with the equal employment responsibilities of Federal-Aid highway construction contracts The Contractor shall obtain the State’s approval for the training program prior to starting work involving the classification(s) covered by the program. The Contractor shall provide training in the construction crafts, not in clerk- typist or secretarial-type positions. Training is allowed in lower level management positions such as office engineers, estimators, and timekeepers if the training is oriented toward construction applications. Training is allowed in the laborer classification if significant and meaningful training is provided and approved by the division office. Off-site training is allowed if the training is an integral part of an approved training program and does not make up a significant part of the overall training. The City of La Quinta shall reimburse the Contractor 80 cents per hour of training given an employee on this contract under an approved training program: 1. For on-site training 2. For off-site training if the apprentice or trainee is currently employed on a Federal-Aid project and the Contractor does at least one of the following: • Contribute to the cost of training • Provide the instruction to the apprentice or trainee • Pay the apprentice’s or trainee’s wages during the off-site training period Federal Requirements for Federal-Aid Construction Projects 1550-5 3. If the Contractor complies with this section Each apprentice or trainee must: 1. Begin training on the project as soon as feasible after the start of work involving the apprentice’s or trainee’s skills 2. Remain on the project as long as training opportunities exist in the apprentice’s or trainee’s work classification or until the apprentice or trainee has completed the training program The Contractor shall furnish the apprentice or trainee with a copy of the program that the Contractor will comply with in providing the training. 3.0 DISADVANTAGED BUSINESS ENTERPRISES (DBE) A. Nondiscrimination Statement The contractor, subrecipient or subcontractor will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the Local Agency components of the DBE Program Plan, the contractor, subrecipient or subcontractor will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin. B. Contract Assurance Under 49 CFR 26.13(b): The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to: (1) Withholding monthly progress payments; (2) Assessing sanctions; (3) Liquidated damages; and/or (4) Disqualifying the contractor from future bidding as non-responsible. Federal Requirements for Federal-Aid Construction Projects 1550-6 C. Prompt Progress Payment The prime contractor or subcontractor shall pay to any subcontractor, not later than seven days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed the contractor on account of the work performed by the subcontractors, to the extent of each subcontractor’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from the prime contractor or subcontractor to a subcontractor, the prime contractor or subcontractor may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subcontractor, of 2 percent of the amount due per month for every month that payment is not made. In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subcontractors. D. Prompt Payment of Withheld Funds to Subcontractors The Agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the Agency of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within seven (7) days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the Agency. Any delay or postponement of payment may take place only for good cause and with the Agency’s prior written approval. Any violation of these provisions shall subject the violating prime contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor; deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors. E. Termination and Substitution of DBE Subcontractors The prime contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the contractor obtains the Agency’s written consent. The prime contractor shall not terminate or substitute a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without prior written authorization from the Agency. Unless the Agency’s prior written consent is provided, the contractor shall not be Federal Requirements for Federal-Aid Construction Projects 1550-7 entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 15-G Construction Contract DBE Commitment form, included in the Bid. The Agency authorizes a request to use other forces or sources of materials if the bidder shows any of the following justifications: 1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project. 2. The Local Agency stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the Local Agency’s bond requirements. 3. Work requires a contractor's license and listed DBE does not have a valid license under Contractors License Law. 4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination). 5. Listed DBE's work is unsatisfactory and not in compliance with the contract. 6. Listed DBE is ineligible to work on the project because of suspension or debarment. 7. Listed DBE becomes bankrupt or insolvent. 8. Listed DBE voluntarily withdraws with written notice from the Contract 9. Listed DBE is ineligible to receive credit for the type of work required. 10.Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract. 11.The Agency determines other documented good cause. The prime contractor shall notify the original DBE of the intent to use other forces or material sources and provide the reasons, allowing the DBE 5 days to respond to the notice and advise the prime contractor and the Agency of the reasons why the use of other forces or sources of materials should not occur. The prime contractor’s request to use other forces or material sources must include: 1. One or more of the reasons listed in the preceding paragraph. 2. Notices from the prime contractor to the DBE regarding the request. 3. Notices from the DBEs to the prime contractor regarding the request. If the Agency authorizes the termination or substitution of a listed DBE, the prime contractor must make good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must (1) perform at least the same amount of work as the original DBE under the contract to the extent needed to meet or exceed the DBE goal, and (2) be certified as a DBE with the most specific available NAICS codes and work codes applicable to the type of work the DBE will perform on the contract at the time of the prime contractor’s request for substitution. The prime contractor shall submit their documentation of good faith efforts within 7 days of their request for authorization of the substitution. The Agency may authorize a 7- Federal Requirements for Federal-Aid Construction Projects 1550-8 day extension of this submittal period at the prime contractor’s request. More guidance can be found at 49 CFR 26 app A regarding evaluation of good faith efforts to meet the DBE goal. f. Commitment and Utilization The prime contractor shall use each DBE subcontractor as listed on Exhibit 12-B Bidder’s List of Subcontractors (DBE and Non-DBE), and Exhibit 15-G Construction Contract DBE Commitment form unless they receive authorization for a substitution. The Agency shall request the prime contractor to: 1. Notify the Resident Engineer or Inspector of any changes to its anticipated DBE participation 2. Provide this notification before starting the affected work 3. Maintain records including: • Name and business address of each 1st-tier subcontractor • Name and business address of each DBE subcontractor, DBE vendor, and DBE trucking company, regardless of tier • Date of payment and total amount paid to each business (see Exhibit 9-F Monthly Disadvantaged Business Enterprise Payment) If the prime contractor is a DBE contractor, they shall include the date of work performed by their own forces and the corresponding value of the work. Before the 15th of each month, the prime contractor shall submit a Monthly DBE Trucking Verification (LAPM Exhibit 16-Z1) form. If a DBE is decertified before completing its work, the DBE must notify the prime contractor in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify the prime contractor in writing of the certification date. The prime contractor shall submit the notifications. Upon work completion, the prime contractor shall complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-O, form and submit the form within 30 days of contract acceptance. Upon work completion, the prime contractor shall complete Exhibit 17-F Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it within 90 days of contract acceptance. The City will withhold $10,000 until the form is submitted. The Agency releases the withhold upon submission of the completed form. The Exhibit 17-O and 17-F form as described above are include in Appendix F of these specifications for reference. Federal Requirements for Federal-Aid Construction Projects 1550-9 G. DBE RUNNING TALLY OF ATTAINMENTS After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime contractor/consultant shall complete and email the Exhibit 9-F: Disadvantaged Business Enterprise Running Tally of Payments to business.support.unit@dot.ca.gov with a copy to the Agency. 4.0 QUALITY ASSURANCE The City uses a Quality Assurance Program (QAP) to ensure a material is produced to comply with the Contract. QAP is included as Attachment G of these Specifications. The Contractor may examine the records and reports of tests the City performs if they are available at the job site. Work shall be scheduled accordingly to allow time for QAP. 5.0 TITLE VI ASSURANCES APPENDIX A During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONTRACTOR) agrees as follows: (1) Compliance with Regulations: CONTRACTOR shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement. (2) Nondiscrimination: CONTRACTOR, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONTRACTOR for work to be performed under a Sub-agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONTRACTOR of the Federal Requirements for Federal-Aid Construction Projects 1550-10 CONTRACTOR’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. (4) Information and Reports: CONTRACTOR shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the California Department of Transportation or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONTRACTOR is in the exclusive possession of another who fails or refuses to furnish this information, CONTRACTOR shall so certify to the California Department of Transportation or the FHWA as appropriate, and shall set forth what efforts CONTRACTOR has made to obtain the information. (5) Sanctions for Noncompliance: In the event of CONTRACTOR’s noncompliance with the nondiscrimination provisions of this agreement, the California Department of Transportation shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: (a) withholding of payments to CONTRACTOR under the Agreement within a reasonable period of time, not to exceed 90 days; and/or (b) cancellation, termination or suspension of the Agreement, in whole or in part. (6) Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. CONTRACTOR shall take such action with respect to any sub-agreement or procurement as the California Department of Transportation or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONTRACTOR may request the California Department of Transportation enter into such litigation to protect the interests of the State, and, in addition, CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. APPENDIX E During the performance of this contract, the CONTRACTOR, for itself, its assignees, and successors in interest (hereinafter referred to as the "CONTRACTOR") agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: Federal Requirements for Federal-Aid Construction Projects 1550-11 • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC § 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub- recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§12131-12189) as implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Federal Requirements for Federal-Aid Construction Projects 1550-12 • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). 6.0 BUY AMERICA The Contractor shall furnish steel and iron materials to be incorporated into the work with certificates of compliance and certified mill test reports. Mill test reports must indicate where the steel and iron were melted and manufactured. Steel and iron materials must be produced in the U.S. except: 1. Foreign pig iron and processed, pelletized, and reduced iron ore may be used in the domestic production of the steel and iron materials [60 Fed Reg 15478 (03/24/1995)]; 2. If the total combined cost of the materials does not exceed the greater of 0.1 percent of the total bid or $2,500, materials produced outside the United States may be used. Production includes: 1. Processing steel and iron materials, including smelting or other processes that alter the physical form or shape (such as rolling, extruding, machining, bending, grinding, and drilling) or chemical composition; 2. Coating application, including epoxy coating, galvanizing, and painting, that protects or enhances the value of steel and iron materials. 7.0 USE OF UNITED STATES – FLAG VESSELS The CONTRACTOR agrees – 1. To utilize privately owned United States – flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carries, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. 2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated “on-board” commercial ocean bill-of-landing in English for each shipment of cargo described in paragraph (1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Federal Requirements for Federal-Aid Construction Projects 1550-13 Cargo, Office of Market Development, Maritime Administration, Washington, D.C. 20590. 3. To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract. 8.0 Prohibition of Certain Telecommunications and Video Surveillance Equipment and Services In response to significant national security concerns, the agency shall check the prohibited vendor list before making any telecommunications and video surveillance purchase because recipients and subrecipients of federal funds are prohibited from obligating or expending loan or grant funds to: • Procure or obtain; • Extend or renew a contract to procure or obtain; or • Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The prohibited vendors (and their subsidiaries or affiliates) are: • Huawei Technologies Company; • ZTE Corporation; • Hytera Communications Corporation; • Hangzhou Hikvision Digital Technology Company; • Dahua Technology Company; and • Subsidiaries or affiliates of the above-mentioned companies. In implementing the prohibition, the agency administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained. ***END OF SECTION*** General Project Requirements 2000-1 SECTION 2000 DIVISION 2 - GENERAL PROJECT REQUIREMENTS 1.0 STANDARD SPECIFICATIONS The "Standard Specifications" of the City of La Quinta are contained in the latest edition of the Standard Specifications for Public Works Construction, including all supplements, popularly known as the Green Book, as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of the Associated General Contractors of California. Copies of the Standard Specifications are available from the publisher, Building News Inc., as follows: Bookstore Locations: see website for Southern California locations Website: www.bnibooks.com The Standard Specifications shall prevail in all cases except where a Contract Document of a higher order, as defined in Section 1400-1.2 Discrepancies and Omissions, provides a different requirement on a given topic or topic aspect. All language in the Standard Specifications that is not in conflict with the language in the prevailing Contract Documents on a given topic or topic aspect shall remain in full force and effect, unless the language in the prevailing Contract Document specifically cites the section number in the Standard Specification and says said provision is in lieu that Standard Specification section. 1.1 Alternative Specifications – The Standard Specifications shall apply to this project unless specifically referenced otherwise in the Contract Documents. Wherever “State Standard Specifications” are referenced, it shall mean the Standard Specifications, 2018, edition, published by the State of California Department of Transportation, and wherever the “State Standard Plans” are referenced in the Contract Documents, it shall mean the Standard Plans, 2018, edition, published by the State of California Department of Transportation. The Contractor may request bound copies of these documents from Caltrans at: California Department of Transportation Publication Distribution Unit 1900 Royal Oaks Drive Sacramento, CA 95815-3800 (916) 263-0822, (916) 263-0865 Or, download these documents at no cost from the Caltrans website: https://dot.ca.gov/programs/design/ccs-standard-plans-and-standard-specifications Wherever the State Standard Specifications reference, Section 4-1.03d “Extra Work,” it shall mean Paragraph 1400-7.0 Changes in the Scope of Work of these project Specifications. General Project Requirements 2000-2 2.0 STANDARD PLANS The Standard Plans of the City of La Quinta adopted by the City Council on August 21, 2001, shall apply to this project unless specifically stated otherwise in the Contract Documents. 2.1 Alternative Guidance 2.1.1 California Manual on Uniform Traffic Control Devices (CA MUTCD) The Standard Plans shall apply to this project unless specifically referenced otherwise in the Contract Documents. Wherever “CA MUTCD” is referenced, it shall mean the 2014 edition of the California Manual on Uniform Traffic Control Devices, published by the State of California. The Contractor may download these documents at no cost from the Caltrans website: https://dot.ca.gov/programs/safety-programs/camutcd 2.1.2 California Building Code, Part 2 (CBC) The Contractor may download these documents at no cost from the California Building Standards Commission website: https://www.dgs.ca.gov/BSC/Codes 2.1.3 California Electrical Code, Part 3 (CBC) The Contractor may download these documents at no cost from the California Building Standards Commission website: https://www.dgs.ca.gov/BSC/Codes 3.0 PRE-CONSTRUCTION CONFERENCE 3.1 Attendees The City and its consultants, and the Contractor and its superintendent, invited subcontractors, and other concerned parties shall each be represented at the conference by persons familiar with and authorized to conclude matters relating to the work. 3.2 Agenda The City Engineer will prepare an agenda for discussion of significant items relative to contract requirements, procedures, coordination and construction. General Project Requirements 2000-3 4.0 PROGRESS SCHEDULES 4.1 General Prior to commencing work, the Contractor shall provide a Construction Schedule and Cash Flow Projection. During the course of construction, the Contractor shall provide a Weekly Activities Plan. 4.2 Construction Schedule 4.2.1 A milestone schedule shall be submitted concurrently with the execution of the Contract in Section 1300. Contractor shall pay to City $500.00 liquidated damages per calendar day that the Milestone Schedule is not provided. 4.2.2 The Contractor shall submit the milestone schedule based on major orders of work and how they relate to traffic control and lane closures. The schedule shall be time scaled and shall be drafted to show a continuous flow from left to right. The milestone schedule shall clearly show the sequence of construction operations and specifically list: a. The anticipated schedule starting 15 days after the Notice of Award. b. The start and completion dates of all major phases of work. b. The dates of submittals, procurement, delivery, installation and completion of each major equipment and material requirement. c. Progress milestone events or other significant stages of completion. d. The lead time required for starting construction. e. The major impacts to traffic flow. 4.2.3 The detailed construction schedule shall be submitted within five (5) days of Notice to Proceed and accepted by the City Engineer before the first partial payment can be made. 4.2.3.1 The Contractor shall submit the detailed construction schedule based on the Critical Path Method (CPM). The schedule shall indicate preceding activity relationships and/or restraints where applicable and a controlling path shall be indicated. The schedule shall be time scaled and shall be drafted to show a continuous flow from left to right. The construction schedule shall clearly show the sequence of construction operations and specifically list: a. The start and completion dates of all work items. b. The dates of submittals, procurement, delivery, installation and completion of each major equipment and material requirement. c. Progress milestone events or other significant stages of completion. General Project Requirements 2000-4 d. The lead time required for testing, inspection and other procedures required prior to acceptance of the work. Activities shall be no longer than 10 workdays, except for submittals and delivery items. If an activity takes longer, it shall be broken into appropriate segments of work for measurement of progress. This limitation may be waived, upon approval of the City Engineer, for repetitious activities of longer durations for which progress can be easily monitored. 4.2.3.2 Any activity that cannot be completed by its original completion date shall be considered to be "behind schedule."4.2.2.3 At not less than monthly intervals and when requested by the City Engineer, the Contractor shall submit a revised schedule for all work remaining. If, at any time, the City Engineer considers the project completion date to be in jeopardy because of activities "behind schedule," the Contractor shall submit additional schedules and diagrams indicating how the Contractor intends to accomplish the remaining work to meet the Contract completion date. 4.2.3.3 All change orders, regardless of origin, shall be reflected in the schedule.. 4.2.4 The Contractor shall incorporate into the schedule time for Imperial Irrigation District, Frontier and Spectrum Communications to relocate their respective facilities as noted in the plans. Following the installation and acceptance of the conduit and structures, the Contractor allow up to a total of thirty (30) business days for all utility cabling, cutovers and removal of existing structures. 4.3 Time Impact Analysis 4.3.1 When change orders are initiated, delays are experienced, or the Contractor desires to revise the schedule logic, the Contractor shall submit to the City Engineer a written Time Impact Analysis illustrating the influence of each change, delay, or Contractor request on the current contract schedule completion date. 4.4 Weekly Activities Plan On the last working day of every week the Contractor shall submit to the City Engineer the Contractor's Plan of Activities for the following two weeks. The Plan of Activities shall describe the activity and location of the activity. 4.5 Cash Flow Projection A cash flow projection shall be submitted with the Construction Schedule. This cash flow projection shall be revised and resubmitted when revisions of the Construction Schedule will result in changes to the projected cash flow. 4.6 Lump Sum Price Breakdown For work to be performed for a lump sum price, the Contractor shall submit a price breakdown to the City Engineer prior to the first payment and within twenty (20) calendar days after award of the Contract. The price breakdown, as agreed upon by the Contractor and the City Engineer, shall be used for preparing future estimates for General Project Requirements 2000-5 partial payments to the Contractor, and shall list the major items of work with a price fairly apportioned to each item. Mobilization, overhead, bond, insurance, other general costs and profit shall be prorated to each item so that the total of the prices for all items equal the lump sum price. At the discretion of the City Engineer, mobilization, bond and insurance costs may be provided for separately if accompanied by invoices to verify actual expenses. The price breakdown will be subject to the approval of the City Engineer, and upon request, the Contractor shall substantiate the price for any or all items and provide additional level of detail, including quantities of work. The price breakdown shall be sufficiently detailed to permit its use by the City Engineer as one of the bases for evaluating requests for payments. The City Engineer shall be the sole judge of the adequacy of the price breakdown. 5.0 SPECIAL CONTROLS The Contractor shall take all reasonable means to minimize inconvenience and injury to the public by dust, noise, diversion of storm water, or other operations under its control. 5.1 Dust Control The Contractor at its expense shall take whatever steps, procedures, or means as are required to comply with Section 3000-4.2 and prevent abnormal dust conditions being caused by its operations in connection with the execution of the Work. 5.2 Noise Abatement Operations shall be performed so as to minimize unnecessary noise. Special measures shall be taken to suppress noise during night hours. Noise levels due to construction activity shall not exceed the levels specified by local ordinance. Internal combustion engines used on the Work shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated without said muffler. 5.3 Working Hours Construction operations and maintenance of equipment within one half mile of human occupancy shall be performed only during the time periods as follows, unless otherwise approved by the City: Monday - Friday 8:00 AM to 5:30 P.M. The Contractor shall be responsible for any inspection and additional administration costs incurred by the City for work by the Contractor after the hours defined above on weekdays, or any work on weekends or holidays recognized by the City. Such costs shall be withheld from the succeeding monthly progress payment. Any work in Section 3000, SPECIFIC PROJECT REQUIREMENTS, specifically required to be performed outside the normal working hours are excluded from the provisions of this paragraph. General Project Requirements 2000-6 5.4 Drainage Control In all construction operations, care shall be taken not to disturb the existing drainage pattern whenever possible. Particular care shall be taken not to direct drainage water onto private property. Drainage water shall not be diverted to streets or drainage ways inadequate for the increased flow. Drainage means shall be provided to protect the Work and adjacent facilities from damage to water from the site or due to altered drainage patterns from construction operations. Contractor shall provide, 48 hours in advance of an significant forecast of any likely precipitation rainfall event of 0.5 inches or more, a Rainfall Event Action Plan (REAP) specific for that event which, when implemented, is designed to protect all expose construction portions of the site. Temporary provisions shall be made by the Contractor to insure the proper functioning of gutters, storm drain inlets, drainage ditches, culverts, irrigation ditches, and natural water courses. Furthermore, the Contractor shall also be responsible to maintain proper drainage within the stormwater channel during the course of construction of the project. The Contractor shall divert storm water away from construction areas to the extent possible. The Contractor shall not be allowed to store equipment or materials in the bottom of the channel at any time, unless it is being utilized for active operations. 5.5 Construction Cleaning The Contractor shall, at all times, keep property on which work is in progress and the adjacent property free from accumulations of waste material or rubbish caused by employees or by the work. All surplus material shall be removed from the site immediately after completion of the work causing the surplus materials. Upon completion of the construction, the Contractor shall remove all temporary structures, rubbish, and waste materials resulting from his operations. 5.6 Disposal of Material The Contractor shall make arrangements for disposing of materials outside the right- of-way and the Contractor shall pay all costs involved. The Contractor shall first obtain permission from the property owner on whose property the disposal is to be made and absolve the City from any and all responsibility in connection with the disposal of material on said property. When material is disposed of as above provided, the Contractor shall conform to all required codes pertaining to grading, hauling, and filling of earth. 5.7 Parking and Storage Areas All stockpiled materials and parked equipment at the job site shall be located to avoid interference with private property and to prevent hazards to the public. Locations of stockpiles, parking areas, and equipment storage must be approved by the City Engineer. Upon Contractor request, the City does have vacant land adjacent to the project which may be used by the Contractor as a staging, stockpile, parking area and equipment storage area. General Project Requirements 2000-7 At the conclusion of each working day, to the extent possible, the Contractor shall remove all unused materials, equipment and tools from the channel area. In addition, the Contractor shall ensure all materials, equipment and tools are removed from the channel when the local weather anticipates rain events within the Coachella Valley. Any penalties or fines as a result of materials, equipment or tools left in the channel will be the responsibility of the Contractor. 6.0 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS AND PUBLIC The Contractor shall be responsible for the protection of public and private property at and adjacent to the Work and shall exercise due caution to avoid damage to such property, persons, or public in general. Contractor shall install fencing, open trench signs, cones, or other protective devices as directed by the City. Site protection shall be to the satisfaction of the City Engineer. The Contractor shall repair or replace all existing improvements within the right-of-way, which are not designated for removal (e.g., electrical, lighting, curbs, sidewalks, survey points, fences, walls, signs, utility installations, pavements, structures, etc.) which are damaged or removed as a result of its operations. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension. Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed because of the Contractor's operations, they shall be restored or replaced in as nearly the original conditions and location as is reasonably possible. Lawns shall be covered with sod seeded to the applicable season, to the satisfaction of City. The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, irrigation, sprinklers, and other improvements within the right-of-way which are designated for removal and would be destroyed because of the work. 7.0 EXISTING UTILITIES 7.1 General Existing utilities are shown to the furthest extent on the drawings; however, the Contractor is responsible to verify exact location of all utilities prior to the start of construction. Pursuant to Government Code Section 4216, et. seq., the Contractor shall notify the appropriate required notification center. The notification center for La Quinta can be reached by contacting UNDERGROUND SERVICE ALERT (USA) at 1-800- 422-4133 or dial 811. USA member utilities will provide the Contractor with the precise locations of their substructures in the construction area when the Contractor gives at least 48 hours of notice. General Project Requirements 2000-8 7.2 Notification and Location At least two (2) working days before performing any excavation work, the Contractor shall request the utility owners to mark or otherwise indicate the location of their service. It shall be the Contractor's responsibility to determine the exact location and depth of all utilities, including service connections, which have been marked by the respective owners and which he believes may affect or be affected by his operations. If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work. The Contractor shall notify the following agencies at least 48 hours in advance of excavating around any of their structures. The following utility companies provide service to the La Quinta area and can be contacted via the USA telephone number or the number list below. 1. Southern California Gas Company, (909) 335-7851 2. Imperial Irrigation District, (760) 398-5823 3. Frontier Communications, (760) 778-3621 4. Coachella Valley Water District, (760) 398-2651 5. Spectrum, (760) 674-5451 7.3 Damage and Protection The Contractor shall immediately notify the City Engineer and utility owner of any damage to a utility. 7.4 Utility Relocation and Rearrangement During the progress of the work under this Contract, the utility owner will relocate a utility shown in the following table within the corresponding number of days shown. Notify the Engineer before construction activities commence within the approximate location of a utility shown. The days start on the notification date. Installation of the utilities shown in the following table does not require coordination with proposed construction activities and can be completed independent and/or in advance of the Contractor’s operations. Utility Relocations Independent Upon Contractor Activities Utility Location Utility Activity Days Stage 1 Construction Coachella Valley Water District, Water North and south of channel at the point of connections for the relocated water main. Placement of wye and two values at each point of connection location. 10 General Project Requirements 2000-9 Installation of the utilities shown in the following table requires coordination with proposed construction activities. Make the necessary arrangements with the utility company through the Engineer and submit a schedule with the following taken into consideration: 1. Verified by a representative of the utility company 2. Allowing at least the time shown for the utility owner to complete its work Utility Relocations Dependent Upon Contractor Activities Utility Location Utility Activity Preceding Contractor Activity Days Stage 1 Construction Imperial Irrigation District (Power) East side of Dune Palms, full length of project. Placement of the interim electrical distribution shoo fly. Clearing, grubbing and removal of structures along east side of road. 10 Imperial Irrigation District (Power) Underground conduit along east side of Dune Palms from northern limits up to ~Station 24+50.00. Pull conductors, place equipment, cut over and energize. Placement of conduit within the roadway section and conduit and supports within the bridge per the plans. 10 Coachella Valley Water District, Water East side, north end of project. Relocate water meters, three. Clearing, grubbing and removal of structures along east side of road. 3 Spectrum East side of Dune Palms Road Relocate underground facilities to new parkway up to ~Station 24+50.0 Clearing, grubbing and removal of structures along east side of road. 10 Frontier Communications West side of Dune Palms Road, north and south of bridge. Relocate manhole north side of channel, and conduit placement to bridge, north side & reconstruct manhole to grade and conduit placement to bridge south side. Removals and rough grading of roadway section 10 General Project Requirements 2000-10 Imperial Irrigation District (Power) Underground conduit from east to west side of Dune Palms starting north of the channel, through the bridge to the southern point of connection. Pull conductors, place equipment, cut over and energize. Placement of conduit within the roadway section and conduit and supports within the bridge per the plans. 30 Imperial Irrigation District (Power) West portion of the full length of the bridge. Pull conductors, cut over and energize. Completion of the bottom of the bridge soffit. 20 Stage 2 Construction Imperial Irrigation District (Power) East side of Dune Palms Road Removal of interim shoo fly. Completion of the Stage 1 work and western IID conduit system energized. 5 Spectrum East side of Dune Palms Road Extend underground facilities from station ~24+50.0 to bridge & connect to provided conduit stubs. Rough grading of roadway approach and placement of conduit stubs from sidewalk area within the bridge. 10 The utilities shown in the following table may interfere with pile driving, drilling activities, or subsurface construction, but the utility owner will not rearrange them. If the Contractor wishes any of them rearranged or temporarily deactivated, the Contractor shall make arrangements with the utility owner. Utilities Not Rearranged for Pile Driving, Drilling Activities, or Subsurface Construction Utility Location Imperial Irrigation District, Interim Electrical Shoo Fly West side of Dune Palms, during Stage 1 Construction only Coachella Valley Water District, 54” Reclaimed Water Between northern pier & north abutment Coachella Valley Water District, 12” VCP Sewer Main South of southern abutment Coachella Valley Water District, 18” PVC Sewer Main North of northern abutment (Relocated with project) Coachella Valley Water District, 18” DIP Water Main Northeast of northern abutment (Relocated with project) General Project Requirements 2000-11 The right is reserved to the City and the owners of utilities or their authorized agents to enter upon the Work area for the purpose of making such changes as are necessary for the rearrangement of their facilities or for making necessary connections or repairs to their properties. The Contractor shall cooperate with forces engaged in such work and shall conduct his operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by such forces and shall allow the respective utilities time to relocate their facility. The Contractor assumes responsibility for the removal, relocation, or protection of existing facilities wherein said facilities are identified by the Plans, field located by a utility company, or as provided for in the General Requirements. The Contractor shall coordinate with the owner of utility facilities for the rearrangement of said facilities. In the event that underground utilities are found that are not shown in the Contract Documents or are found to exist in a different location than shown in the Contract Documents, the Contractor shall: (1) notify the City Engineer of the existence of said facilities immediately; and (2) take steps to ascertain the exact location of all underground facilities prior to doing work that may damage such facilities. Requests for extensions of time arising out of utility rearrangement delays shall be determined by City Engineer. In accordance with Government Code Section 4215 the Contractor shall not be assessed liquidated damages for delay in completion of the project, when such delay is caused by the failure of the City or utility company to provide for the removal or relocation of facilities for which they are the responsible party as defined in Paragraph 2000-7.3, Damage and Protection. Where it is determined by the City Engineer that the rearrangement of an underground main, the existence of which is not shown on the Plans, Specifications, or in the General Requirements, is essential in order to accommodate the contemplated improvement, the City Engineer will provide for the rearrangement of such facility by other forces or by the Contractor in accordance with the provisions of Paragraph 1400- 7.1, Change Orders. When the General Requirements, Specifications, or Plans indicate that a utility is to be relocated, altered or constructed by others, the City will conduct all negotiations with the utility company and the work will be done at no cost to the Contractor. Temporary or permanent relocation or alteration of utilities desired by the Contractor for its own convenience shall be the Contractor's responsibility and it shall make arrangements and bear all costs. 7.5 Underground Facilities The Contractor is responsible for coordinating all project documentation, including but not necessarily limited to, the Contract Documents and existing record drawings for the determination of the location of all underground facilities. General Project Requirements 2000-12 The Contractor shall exercise care in all excavations to avoid damage to existing underground facilities. This shall include potholing or hand digging in those areas where underground facilities are known to exist until they have been sufficiently located to avoid damage to the facilities. Prior to fabrication, the Contractor shall verify the location and elevations of existing underground facilities, which the Contractor is connecting to. No additional compensation shall be provided the Contractor for compliance with the provisions of this section or for the damage and repair of facilities due to the lack of such care. The California Public Utilities Commission mandates that, in the interest of public safety, main line gas valves be maintained in a manner to be readily accessible and in good operating condition. The Contractor shall notify The Gas Company's Headquarters Planning Office at least 2 working days prior to the start of construction. END OF SECTION Special Provisions 3000-1 SECTION 3000 DIVISION 3 SPECIAL PROVISIONS 1.0 GENERAL 1.1 Scope of Services It shall be the contractor’s responsibility to provide and furnish all materials, tools, labor and incidentals to complete the work as outlined in the Project Description and as shown in the Project Specifications and Contract Bid Documents for Project No. 2011-05, Federal Project No. BRNBIL (537), Dune Palms Road Bridge Improvements. It shall be the Contractor’s responsibility to thoroughly review the project area, familiarize himself with the scope of proposed work and submit the proposal for the work accordingly. 1.2 Project Description The purpose of the project is to replace the existing low water crossing spanning the Coachella Valley Storm Water Channel (CVSC) at Dune Palms Road with a bridge crossing. The proposed work includes the roadway approach reconstruction to meet the proposed bridge structure elevation; street widening; construction of curb, curb/gutter, sidewalk, trail, retaining walls, median paving, driveway approaches, concrete slope protection and 6-foot tall garden wall; asphalt pavement with aggregate base; bridge construction; crack sealing and slurry sealing of roadway within construction limits; construction of a catch basins and drywells along with 18” and 24” HDPE N-12 pipe; signing and striping; landscaping and irrigation; and undergrounding of existing overhead utility poles. Project will also require the construction and removal of a bypass road, along with CVWD water main and sanitary sewer relocations. The sewer relocations will require the Contractor to prepare and implement a sewer bypass plan, which will need to be approved by CVWD. Contractor will also be required to demolish two mobile homes along with the single-family home as noted in the plans, includes the clearing of each housing pad and disconnecting all utilities connections to the structures. All project work and incidental items to complete the project shall be performed in accordance with the plans, specifications, and other provisions of the contract. All the above improvements are to be constructed in a workmanlike manner, leaving the entire project in a neat and presentable condition. Refer to Section 4000 for more information. 1.3 Project Plans The area of work is shown on the attached plans titled “Project No. 2011-05, Federal Project No. BRNBIL (537), Dune Palms Road Bridge Improvements.” The plan set consists of a total of 84 sheets, 35 City Civil, 26 City Bridge, 11 City Landscaping, 4 CVWD Sanitary Sewer, 2 CVWD Water, 5 IID conduit and 1 IID Shoo Fly plan sheets. Special Provisions 3000-2 Contractor shall examine all maps, lists and these specifications, in a manner to be fully cognizant of all work required, and all existing conditions. Bidders are required to visit the site and verify existing conditions. Make adjustments and allowances for all necessary equipment to complete all parts of the required work. 1.4 Drawings of Record Provide and keep up-to-date, a complete record set of blue line prints. Correct these prints daily and show every change from the original drawings. Keep this set of prints on the job site and use only as a record set. Do not construe this as authorization to make changes in the layout without definite instruction in each case. Incorporate all changes as noted on the record set of prints thereon with black ink in a neat, legible, understandable and professional manner. Deliver this set to the City upon completion and acceptance of work. 1.5 Cooperation with Other Contractors Section 7-7 of the Standard Specifications is amended by the addition of the following provisions: Should the Contractor foresee any interference or believe project delays or problems might occur due to any action of any other contractor, or if the Contractor determines his own work may cause a delay to the work of the other contractors, the Contractor shall bring this to the attention of the Engineer as soon as possible so that the potential problems or delays may be worked out before problems arise. It is the intention of these Specifications that the Contractor shall cooperate as needed to affect this purpose, and shall be prepared to make short delays, to redeploy its work force to other parts of the work or project, to temporarily reschedule work, and take other reasonable actions to minimize interference and maximize cooperation with all other parties working within the project area. If the Contractor maintains that he is unable to reasonably cooperate with others, then the Contractor shall be prepared to verify to the satisfaction of the Engineer that there are no reasonable actions which he could take to cooperate with others, and that if he did, such actions would cause serious financial harm or unreasonable delay to the Contractor. If the Engineer finds that such evidence is unsatisfactory, the Engineer may order the Contractor to take whatever reasonable actions the Engineer determines are necessary to provide the needed cooperation in order to meet the intent of these Specifications. The contractor shall have no claim for extra compensation for any delay or costs if his work is held up, delayed or interrupted by the City’s having to order cooperative work measures or schedule priorities as outlined above. An extension of contract time shall be the only compensation granted. Special Provisions 3000-3 1.6 Time Allowed for Construction In accordance with the provisions of Paragraph 1400-6.2, Time of Completion, this project shall be completed within 475 working days from the date specified in the Notice to Proceed. The 475 working days is inclusive of the working days noted in Section 2000-7.4, Utility Relocation and Rearrangement, required for the utilities to cable, cut-over and remove structures. The Contractor shall, to the extent possible, provide full access into and out of Corporate Centre Drive for the duration of Stage 1 construction. The City will allow a full closure of this access point for a period no longer than 30 calendar days. The Contractor shall provide to the City a thirty five (35) day notice of closure of this access. Within the initial 60 calendar days of initiating Stage 2 construction activities, the Contractor shall have a second access point into and out of the mobile home park open for use. 2.0 BID ITEMS The bid items presented in the bidders schedule are intended to indicate major categories of the work for purposes of comparative bid analysis and payment breakdown for monthly progress payments. Bid items are not intended to be exclusive descriptions of work categories. The Contractor shall determine and include in its pricing, all materials, labor, and equipment necessary to complete each bid item associated appurtenant work. Those items for which there is no estimated quantity and/or specific pay item shall be completed in workmanship like manner to the satisfaction of the City Engineer. Work that is specified for which there is no bid item shall be considered incidental to work associated with bid items; therefore, the payment for these items shall be considered included in the various items of work for which a specific bid item has been provided. The bid items shown in the bidders schedule with "F" designates a final pay quantity. Quantity of any bid item in excess of the final pay quantity shown on the bidder's schedule estimated by the City Engineer will not be paid for. The final pay quantity can only be adjusted to reflect any change orders, extra work, or additional work authorized by the City Engineer. Special Provisions 3000-4 3.0 MATERIALS 3.1 General Whenever a material, article or piece of equipment is identified on the drawings or specified by reference to brand name or catalog number, it shall be understood that this is referenced for the purpose of defining the performance or other salient requirements and that other products of equal capacities, quality and function shall be considered. 3.2 Substitutions The Contractor may recommend the substitution of a material, article, or piece of equipment of equal substance and function for those referred to in the Contract Documents by reference to the brand name or catalog number and, if in the opinion of the City Engineer, such material, article, or piece of equipment is of equal substance and function to that specified, the City Engineer may approve its substitution and use by the Contractor. Any cost differential shall be deductible from the Contract Price and the Contract Documents shall be appropriately modified by Change Order. The Contractor warrants that if substitutes are approved, no major changes in the function or general design of the project will result. Incidental changes or extra component parts required to accommodate substitute will be made by the Contractor without a change in the Contract Price or Contract time. 3.3 Storage Materials and equipment shall be so stored as not to create a public nuisance and to insure the preservation of their quality and fitness for the work. See Section 2000, subsection 5.7 for additional information on storage area. 4.0 WORK DETAILS 4.1 Traffic Control The Contractor shall provide a traffic control plan, signed by a PE or TE, for acceptance by the City no later than five (5) working days after issuance of the Notice of Award. Subsequently, comments and corrections shall be returned to the Contractor within ten (10) working days. The traffic control plan shall conform to the following requirements listed in this section: Traffic controls, including but not limited to, vehicular and pedestrian traffic controls, maintenance of vehicular and pedestrian access, detours, and street closures shall be in accordance with Subsection 7-10 of the latest edition of the “Standard Specifications for Public Works Construction,” including all its subsequent amendments and the latest edition of the “Work Area Traffic Control Handbook.” Special Provisions 3000-5 In the event of conflict, the Special Provisions shall take precedence over the 2014 CAMUTCD. The 2014 CAMUTCD shall take precedence over the plans, and the plans shall take precedence over the “Standard Specifications.” Traffic control and the traffic plan shall conform to the following: a. The traffic control plan shall indicate the traffic control requirements for the different types of work to be performed. The Contractor shall be responsible for the preparation of plans as necessary for specific items of work. These plans shall be approved by the City Engineer prior to the Contractor commencing any work. b. All traffic controls and safety devices, equipment and materials, including but not limited to, cones, delineators, flashing warning lights, barricades, high level warning devices (flag trees), flags, signs, makers, portable barriers, flashing arrow signs, electronic changeable message signs and markings shall be provided and maintained in “like new” condition. c. The Contractor shall furnish and properly install, construct, erect, use, and continuously inspect and maintain, twenty-four (24) hours per day, seven (7) days a week, all said devices, equipment and materials and all temporary and permanent pedestrian and driving surfaces as necessary to provide for the safety and convenience of, and to properly warn, guide, control, regulate, channelize, and protect the vehicular traffic, pedestrian traffic, project workers, and the public throughout the entire limits of the work activity and beyond said limits as necessary to include area affecting or affected by the work, from the start of work to the completion of the work. d. High-level warning devices (flag trees) are required at all times for any work being performed within the roadway unless otherwise specifically authorized by the City Engineer. e. All barricades shall be equipped with flashing warning lights, and all traffic cones shall be no less than twenty-eight (28) inches in height, except that shorter cones, twelve (12) inches high or higher, may be used during striping maintenance operations where the only function of the cones is to protect the wet paint from the traffic. Special Provisions 3000-6 f. Portable Changeable Message Signs (PCMS) are required for this project. A minimum of one (1) PCMS is required in each direction in advance of each work area as identified by the City. They shall be placed two (2) weeks in advance of the start of work and maintained throughout the construction window. Total count is dependent on Contractor’s proposed staging plan. A PCMS can be reused at a different location once the work is complete in that stage. g. Except as otherwise directed, as shown in the approved traffic control plan, and/or authorized by the City Engineer, two-way vehicular traffic shall be maintained at all times within a minimum of two, 12-foot-wide lanes, unless otherwise noted on the plans. At no time shall the Contractor be allowed to reduce the traveled way to one-way vehicular traffic. A construction staging plan has been provided in the plans. This plan should be used a guide in preparation of project bids and should NOT be considered an all- encompassing/final staging plan. The Contractor will be required to prepare and provide a detail construction staging / traffic control plan for each phase of the project, in conformance with the staging plans provided in the construction plans No reduction of the traveled way width shall be permitted between the hours of 8:30 a.m. and 3:30 p.m., unless otherwise shown in the approved traffic control plans, or prior authorization to do so is granted by the City Engineer. No lane closures shall be permitted or allowed on any City street before 8:30 a.m. and after 3:30 p.m., unless otherwise shown in the approved traffic control plans, or unless authorization to do so is granted by the City Engineer. No reduction of traveled way width shall be permitted on any City street before 8:30 a.m. or after 3:30 p.m., on weekends or holidays, or when active work is not being done, unless otherwise shown in the approved traffic control plans, or unless prior authorization to do so is granted by the City Engineer. Special Provisions 3000-7 Except as shown in the approved traffic control plans, if traffic lanes are not kept open for public use on the days, at the times, and in the manner specified, damage will be sustained by the City and its residents. Since it is and will be impracticable to determine the actual damage which the City and its residents will sustain by reason of Contractor’s failure to comply with the special provisions outlined herein, the City and Contractor agree that Contractor will pay to the City the sum of $200 per hour for each and every hour that any traffic lane is not kept open for public use as required by these special provisions, not as a penalty, but as predetermined liquidated damages. The Contractor agrees to pay such liquidated damages as are provided for in this paragraph, and in case the same are not paid, Contractor agrees that City may deduct the amount of such liquidated damages from any money that is due or that may be due the Contractor under the contract. h. Access to vacant unused property may be restricted at the Engineer’s discretion. Both vehicular and pedestrian access shall be maintained at all times to all other property except as otherwise specifically authorized in writing by the City Engineer. i. Any traffic control and safety devices and equipment being used which becomes damaged, destroyed, faded, soiled, misplaced, worn out, inoperative, lost, or stolen shall be promptly repaired, refurbished and/or replaced, and any traffic control and safety devices and equipment being used which are displaced or not in an upright position from any cause, shall be properly returned or restored to their proper position. j. Any obstructed view of all signs and warning devices including but not limited to stop signs, stop ahead signs, street name signs, and other regulatory, warning and construction signs, markers, and warning devices shall be maintained at all times. No trucks or other equipment or materials shall be stopped, parked, or otherwise placed so as to obscure said signs, markers and devices from the view of vehicular and/or pedestrian traffic to which it applies. k. When entering or leaving roadways carrying public traffic, the Contractor’s equipment, whether empty or loaded, shall yield to said public traffic at all times, except where the traffic is being controlled by police officers, fire officers or traffic signalized intersections. Special Provisions 3000-8 l. Stockpiling and/or storage of materials on any public right-of-way or parking areas will not be allowed without specific permission of the City Engineer. Materials spilled on or along said right-of-way or parking areas shall be kept in a safe, neat, clean, and orderly fashion, and shall be restored to equal or better than original condition upon completion of the work. m. When work has been completed on a particular street or has been suspended or rescheduled, and said street is to be opened to vehicular traffic, all equipment, “NO PARKING” signs, other obstruction, and necessary traffic control devices and equipment shall be promptly removed from that street except as otherwise authorized or directed by the City Engineer. n. Should the Contractor be neglectful, negligent, or refuse, fail, or otherwise be unavailable to promptly, satisfactorily, and fully comply with the provisions specified and referred to herein above, the City reserves the right to correct and/or mitigate any situation, which in the sole opinion of the City’s Engineer constitutes a serious deficiency and/or serious case of noncompliance, by any means at its disposal at the Contractor’s and/or permittee’s expense, and will deduct the cost therefore from the Contractor’s progress and/or final payments. Such corrective action taken by the City shall not reduce or abrogate the Contractor’s legal obligations and liability for proper traffic control and safety measures and shall not serve to transfer said obligations and liabilities from the Contractor to the City or the City’s agents. o. Violations of any of the above provisions and/or provisions of the referenced publications, unless promptly and completely corrected to the satisfaction of the City Engineer, shall, at the sole discretion of the City, be grounds for termination of the Contract, or shutdown or partial shutdown of the work, without compensation to the Contractor and/or permittee, or liability to the City, all as prescribed by contractual obligation or State law, whichever is applicable. p. The Contract item “Traffic Control” shall include labor lights, barricades, signs, materials, fencing, and equipment necessary to ensure that the vehicular traffic conforms to requirements as set forth in this section and as shown on the drawings. q. The compensation for furnishing, placing, maintaining and removing traffic cones, telescoping tree flags, advance warning signs, electronic changeable message signs, barricades, temporary striping, and other safety devices as required for public safety or as directed by the City Engineer, shall be considered full compensation for all labor and materials for complying with these requirements, and no additional compensation will be made therefore. Special Provisions 3000-9 4.2 Dust Control The Contractor must comply with the City of La Quinta’s Municipal Code, Chapter 6.16, “Fugitive Dust Control” Ordinance. Dust generated by traffic, Contractor’s operations, or wind are all included in the definition of dust. The Contractor will be responsible for watering the work area where dust is generated from traffic, contractor’s operations and wind. Contractor’s area of operations includes areas outside of roadbed or trench limits where excavation, fill, or stockpiling of dirt or debris has taken place. The Contractor is responsible for monitoring all of the above-described areas in the project area during the life of the project, including holidays and weekends. The Contractor shall prepare for review and approval by the City, the required PM-10 plan. The plan shall be prepared in accordance with South Coast Air Quality Management District guidelines. The Contractor shall have a designated person Certified by the SCAQMD to prepare the PM-10 plan and oversee the approved dust control measures. Dust control shall include, but is not limited to the following: 1)Maintain dust control at all times by watering, including developing a water supply, and furnishing and placing all water required for work done in the contract. 2)Provide means to prevent track out onto public streets. 3)Provide street sweeping of material tracked onto public streets. 4.3 Water The Contractor shall make arrangements with the Coachella Valley Water District to obtain water from designated fire hydrants at or near the project for use in dust control. It shall be the responsibility of the contractor to pay for the water and any deposits required. The cost to furnish and apply water shall be included in the unit prices for the various items bid and no additional payment will be allowed therefore. 4.4 Permits, Licenses and Inspection Fees The Contractor shall obtain and pay for all costs incurred for permits, licenses and inspection fees required by other agencies because his operations, including but not limited to CVWD. Prior to starting any work, the Contractor shall be required to have a City of La Quinta Business License for the life of the contract; his subcontractors shall also have Business Licenses for the time they are engaged in work. The Contractor will also be required to obtain a no-cost encroachment permit from the City of La Quinta. Special Provisions 3000-10 The Contractor will be required to be a co-permittee on the CVWD Construction Encroachment Permit attached to the Appendix of this document. The Contractor will be responsible for payment of CVWD application fee for the construction permit through CVWD. The Contractor will also be responsible for all provisions included within the permit through the course of construction. Prior to commencing work, the Contractor will be required to supply CVWD with completed Insurance Forms 783a, 783b and 783c included in Appendix G of this document and attend a separate Pre-Construction Meeting with CVWD Inspection Staff. The Contactor shall coordinate with CVWD on the meeting date for the CVWD Pre-Construction Meeting. Also attached to the Appendix of this document, are the Section 404 Corps of Engineers, Section 401 Water Quality and 1602 California Department of Fish and Wildlife Permits. The Contractor, per the Mitigation and Monitoring Plan, also attached, shall conform to the requirements of each of these permits. 4.5 Air Contaminants The Contractor shall not discharge smoke, dust or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. 4.6 Notification The Contractor shall notify the City, local authorities, and utility companies, of his intent to begin work at least five days before work is to begin. The Contractor shall cooperate with local authorities relative to handling traffic through the area including coordinating with trash collection, school bus schedules, public transportation and emergency activities. Seven calendar days before work is to begin, the Contractor shall provide written notice of intent to begin work to all adjacent properties, per Section 4000. The written notice will be approved by the City prior to issuance and shall include at least the following information: brief description of the improvements, the name, address and phone number of the Contractor, and the date and time work is to begin and finish. Contractor shall update and repost the information in the event the work is rescheduled. END OF SECTION Technical Specifications 4000-1 SECTION 4000 DIVISION 4 - TECHNICAL SPECIFICATIONS 1.0 GENERAL REQUIREMENTS The Standard Specifications as defined in Section 2000 shall govern the work for this project. All language in the Standard Specifications shall remain in full force and effect, unless the language in the prevailing Contract Document specifically cites the section number in the Standard Specification and says said provision is in lieu of that Standard Specification section. The project drawings and details are considered as part of these specifications, and any work or materials shown on the drawings and not mentioned in the specifications, or vice versa, are executed as if specifically mentioned in both. 2.0 MOBILIZATION (Bid Item #1) Mobilization shall conform to the provisions in Section 9-3.4, “Mobilization” of the Standard Specifications. Mobilization includes expenditures for all preparatory work and operations, including but not limited to, those costs necessary for the movement of personnel, equipment, supplies, and incidentals to the project site; for the establishment of all facilities necessary for work on the project; and for all other work and operations which must be performed or costs incurred prior to beginning work on the various contract items on the project site as well as the related demobilization costs anticipated at the completion of the project. Mobilization shall be paid for at the contract Lump Sum (LS) basis as shown on the Bid Schedule. Fifty percent (50%) of the lump sum price will be paid upon successful move in and completion of mobilization. The remaining fifty percent (50%) shall be paid after the contractor is completely demobilized and all project sites have satisfactorily been restored and the project cleanup is completed. 3.0 BEST MANAGEMENT PRACTICES (Bid Item #2) 3.1 Dust Control Dust Control shall comply with Section 3000-4.2. Dust Control shall be paid for under Best Management Practices at the contract Lump Sum (LS) Price as shown on the bid schedule. Monthly payments will be made on a pro-rata basis, and shall include compensation for furnishing all labor, materials, tools, and equipment for doing all work involved in controlling dust generation from the site, and no additional compensation will be allowed therefore. Technical Specifications 4000-2 3.2 Storm Water Pollution Prevention Plan (SWPPP) Storm Water Pollution Prevention Plan (SWPPP) shall conform to the provisions in Section 3-12.6, “Water Pollution Control” and Section 3-12.6.3 “Storm Water Pollution Prevention Plan (SWPPP) of the Standard Specifications, California Regional Water Quality Control Board Colorado River Basin Region Discharge Requirements (Order No. R7-2008-0001, MPDES No. CAS617002) and the City of La Quinta Standards, and these Special Provisions. The Contractor shall submit the SWPPP to the State via the S.M.A.R.T.S. system. All revisions and amendments to the SWPPP shall be submitted to the State. SWPPP includes expenditures for the preparation of the SWPPP document, implementation of project specific Best Management Practices (BMPs), performing necessary inspections, and annual reports as required per the State of California General Permit for Storm Water Discharges (Order No. 2009-0009-DWQ, NPDES No. CAS000002) and the City of La Quinta MS4 discharge permit. See City of La Quinta web-page for more information on local standards: https://www.laquintaca.gov/business/design-and- development/development-services/wqmp-npdes-storm-drains-flood- zone. The use of water (if needed) shall conform to 3-12.6 of the Standard Specifications. Storm Water Pollution Prevention Plan (SWPPP) shall be paid for under Best Management Practices at the contract Lump Sum (LS) Price as shown on the bid schedule. Monthly payments will be made on a pro-rata basis, and shall include compensation for preparing the SWPPP, furnishing all labor, materials, tools, and equipment for doing all work involved in controlling erosion on the site, and no additional compensation will be allowed therefore. 4.0 TRAFFIC CONTROL (Bid Item #3) Traffic Control shall comply with Section 3000-4.1 Traffic Control shall be paid for at the contract lump sum (LS) basis as shown on the Bid Schedule. Monthly payments will be made on a pro-rata basis. No additional traffic control will be paid if the add alternate is selected. Technical Specifications 4000-3 5.0 CONSTRUCTION PROCEDURES AND COOPERATION Construction Procedures and Cooperation shall conform to the provisions in Section 1400-4.3 “Construction Procedures”, Section 1400-4.8.3 “Cooperation” and these Special Provisions: Imperial Irrigation District, Frontier and Spectrum will require the Contractor to provide an opportunity to install conduit, conduit supports and structures, pull conductors and remove existing facilities within the project corridor. See Section 2000-7.4, Utility Relocation and Rearrangement, for each utility company/agency work activities associated with utility service relocations within the Construction zone. 6.0 BEGINNING OF WORK Beginning of Work shall conform to the provisions in Section 1400-6.1 “Beginning or Work”, and these Special Provisions: The Contractor will need to prepare and submit to the City Engineer a SWPPP document within five (5) workings days after receiving Notice to Proceed. The City Engineer will review document within five (5) working days. Contractor shall be ready to implement approved SWPPP measures prior to mobilization. Requirements for preparation and implementation of the SWPPP are attached to the Appendix of this document. SWPPP shall be paid for under Best Management Practices at the contract Lump Sum (LS) Price as shown on the bid schedule. Items in this scope include permits, developing, preparing, obtaining approval of, revising and amending the SWPPP, and installing, constructing, maintaining, removing and disposing of BMPs as shown in the SWPPP, as specified in the Caltrans Handbooks and Sample Contractor’s Water Quality SAPs, General Permit and these Special Provisions, and as directed by the Engineer. No compensation will be allowed for project general conditions and for dust abatement requirements listed under this bid item. 7.0 CONTRACTORS RESPONSIBILITY FOR THE WORK AND MATERIALS Contractors Responsibility for the Work and Materials shall conform to the provisions in Section 1400-4.10 “Contractors Responsibility for the Work and Materials” and these Special Provisions: The Contractor shall be responsible for protecting all work and/or any installed materials from storm flows and/or any man made water flows conveyed within the Coachella Valley Storm Water Channel until the project is accepted by the City Engineer. Manmade water flows may include water flows generated from the local water purveyor’s facilities including the Coachella Valley Water District (CVWD). This will include the construction and removal of temporary water diversion berms to channel lesser stormwater events away from all active construction areas within the channel. Technical Specifications 4000-4 8.0 RESIDENT ENGINEERS TRAILER & MONITORING CAMERA (Bid Items #4 & 4A) Construction Trailer The Contractor shall furnish and maintain a Field Office for the exclusive use of the Engineer and his staff in accordance with the following provisions. A clean facility, suitable for the intended purpose, shall be provided by the Contractor and shall be maintained in a clean, neat and sanitary fashion at all times and shall be for the exclusive use of the Engineer and his staff. All sanitary paper products required for the sanitary facility shall be supplied by the Contractor and shall be included in the contract unit price bid. The Field Office shall be a 500 square feet (minimum) office facility with required utility hook up including 2 telephone lines, internet connection, multi-line speaker phones and air conditioning. The facility will have 1 restroom and partitions creating 3 interior rooms. Contractor will pay monthly rental fees and shall obtain all rights of entry necessary. The Contractor shall be fully responsible to provide all utility hook-ups for the Resident Engineers Office, including electrical power, potable water and sewage disposal. The Contractor shall obtain all necessary permits and pay all fees. The Field Office shall be provided with a copy machine capable of photocopying 11”X17” size paper for the exclusive use of the Engineer and his staff for the entire duration of the project. Contractor shall be aware that theft and vandalism at the job site may be a problem. Contractor shall be responsible for the security of the Field Office. If for any reason, the phone, copier, facsimile machine, any office furniture, and/or sanitary facility is vandalized, stolen, or in need of repair, the Contractor, upon receipt of written notice by Engineer, shall have a maximum of five (5) working days to replace or repair the items to full working order. If Contractor fails to comply with the five (5) working days specified, the County may at its option withhold monthly progress payments until Field Office is returned to full and complete working order. Contractor shall meet with the Engineer prior to construction (and at any other time circumstances warrant), and together, shall mutually agree to a location for the Field Office. The following shall be furnished and supplied by the Contractor for the duration of the contract: 1. Supply office and sanitary facility. 2. Furnish office. 3. Service office. Technical Specifications 4000-5 4. Supply utilities for office, including internet service for the duration of the contract, including fees. 5. Service and maintain sanitary facility. 6. Copying machine (11”X17”). 7. Installation of 4 designated public parking spaces. 8. Installation of appropriate number of designated parking spaces for the construction manager, inspectors, general Contractors, workers, material supplies, subcontractors and other support personnel. 9. Installation of 1 large sized unit commercial trash bin with cover and regularly scheduled pick up. 10. Remove office from job site at the completion of the project. 11. Security. 12. If office is located on private property, all property rental costs and right of entry. 13. All labor, tools, equipment, materials, and incidentals necessary to furnish facility complete and in place. No monthly progress payments will be due to the Contractor until all provisions and requirements of “Resident Engineers Office” are complete and in place. Payment for Resident Engineers Trailer shall be included in the Month bid price as shown on the Bid Schedule. The compensation paid shall include full compensation for furnishing all labor, materials, tools, and equipment for doing all work involved, including set up, placement, maintaining, and removing, and no additional compensation will be allowed therefore. Construction Monitoring Camera Construction Monitoring (Camera) shall conform to the provisions in Section 302-4.5, “Traffic Control” of the Standard Specifications. Construction Monitoring (Camera) includes expenditures for all preparatory work and operations of the construction monitoring system including but not limited to, those costs necessary for securing the necessary temporary power supply, installing the camera(s) (including appurtenances as needed), maintaining the system throughout the project’s construction, moving the camera(s) for each stage of work. The Contractor shall provide a High Definition Robotic Streaming Video Webcam for users to remotely control and view a live feed via a secure connection via a network connection. The camera will provide a full view of the work area on the construction site. Contractor shall use one of the cameras below or an approved equal: 1 Earthcam ConstructionCAM HD Model CONTACT SYSTEM VENDOR: EarthCam Inc. / Brian Cury +1 201.488.1111 WWW.EARTHCAM.NET/CONTACTUS Technical Specifications 4000-6 2. TrueLook 12 megapixel HD Camera CONTACT SYSTEM VENDOR: TrueLook, Inc. / 866.811.2321 WWW.TrueLook.com The camera shall meet or exceed the following requirements: • Consist of an outdoor thermostatically controlled environmentally sealed enclosure • User controlled window wiper • Industrial grade solid state embedded Linux System • Precise, Pan/Tilt robotic base designed to provide consistent imaging in all environments • Live video stream in H.264 format (or approved equal) • HDTV 1080i 1920x1080, HDTV 720p 1280x720 resolution (or approved equal) • H.264, MPEG-4 Part 10/AVC, Motion JPEG video compression (or approved equal) • 30fps in all resolutions • Auto-generated 360° panoramas • High Definition Megapixel images (12 Megapixel or 1920 x 1080 pixels) • Lens: F5.1 – 51mm, f/1.8 – 2.1, 10X Optical, 12X Digital • Auto Features: Focus and Day/Night • Communications: RJ-45 10BASE-T/100BASE-TX PoE (or approved equal) • On-Board Data Back-Up to provide a minimum of thirty days of on- board image retention • 120VAC, 220-230VAC or 12VDC power • Designed for EarthCam Control Center (or approved equal) Internet Based Online Interface: The camera will be accessible via an internet. This online interface will be managed and supported by the Contractor, System Vendor, or approved equal. The service will be available for the term of the project and allow the viewing of live video and High Definition digital still images captured and stored of the project via a secure password protected website. The Internet Based Online Interface shall include the following features: • Display project name and logo • Multiview Screen for viewing and accessing multiple cameras • Real-time live video viewing • User-controllable Robotic Pan, Tilt and Zoom • User-controllable settings for creating and editing multiple preset compositions • Automatically generated daily panoramas • Onscreen control button for wiper control to allow for remote cleaning of the viewing window • Picture in picture capability for viewing live video and High Definition Megapixel images simultaneously • Digital Pan, Tilt and Zoom capability within a High Definition image Technical Specifications 4000-7 • Instant live snapshot capability in addition to preset scheduled archives • Calendar based navigation system for selecting specific images and times • Multifunction Image Browsing • Time-lapse feature for instant time-lapse viewing and image playback by day, week, month, or year • Full Screen Mode for displaying video and complete image without any graphical frame • Graphical Markup Tools for detailing and creating notes with graphical overlays on images • Image Comparison Tool for comparing two images taken at different times, overlayed on top of each other • (optional) Share Image Tool for saving, printing, emailing, sending to mobile devices and posting to Notes Section • (optional) Notes Section for posting images with notes, uploading photos, videos, and files directly from a desktop or mobile device • (optional) Social Media Integration Tools for sharing project images and notes on Facebook and Twitter • (optional) Graphical Weather applet displaying local weather data with satellite and updating radar imaging • (optional) Integration of Google Maps, aerial and satellite imagery • Data Management Tools showing archived and current system status of solar amperage, battery power remaining, wireless radio connectivity, and device location Access to account protected by Account Security feature which includes four levels of password protection, IP address block/permission and SSL protection of user login password. The system shall capture and upload images every 5 minutes, 24 hours per day. The system shall have M2M – Machine to Machine 24/7 Support with active self-healing technology and automatic software upgrades to maintain the quality, consistency and reliability of all images. Images will be maintained on the System Vendor’s servers for reference available at all times during the life of the project and for no less than 60 days after completion. All images will be protected on servers owned and operated by the System Vendor and located in a secure area at the System Vendor’s location. Images and video shall be available to the City and it’s designees at all times and ab The Contractor shall provide all service and maintenance, including cleaning, of the camera system throughout the life of the project including making appropriate arrangements for camera to remain in operation up to and through finalization of all structural, landscaping and “completed state” condition necessary for beginning-to-end time-lapse record. The System Vendor shall provide custom public website development. Technical Specifications 4000-8 Website shall be separate from the Online Interface, match the look and colors of the project’s website, and be delivered as embed code or standalone web page. Additional features include Facebook and Twitter integration, full screen mode, image comparison, weather, multiple logos, graphical background image, and project description. The System Vendor shall provide time-lapse movie(s) at the end of the project. Time-lapses shall be professionally edited by a video editor using image stabilization software. The movie will start with a graphic, incorporating project title, date and logo. Periods of bad weather or inactivity shall be removed to produce a compelling and consistent movie. A machine edited movie will not be acceptable. The Contractor shall secure a nearby structure for camera mounting or provide a fixed pole (40 foot / 12 meters height recommended) and 3 inch / 8 centimeters minimum diameter as per System Vendor’s instruction. The Contractor shall supply all equipment required for safe and secure access to the camera location for technicians performing installation and maintenance services, including building access, bucket truck and/or lift. The System Vendor will consult on and provide recommendations for optimal camera placement and provide professional installation services as required. Construction Monitoring (Camera) shall be considered as paid for at the Contract Lump Sum (LS) Price as shown on the Bid Schedule. Monthly payments will be made on a pro-rata basis. ROADWAY APPROACHES SECTION 9.0 SAWCUT & REMOVE AC AND CONCRETE PAVEMENT (Bid Item #’s 5, 6 & 91) Removals shall conform to the provisions in Section 300 of the Standard Specifications and these special provisions. Removals shall consist of but are not limited to, in addition to the work outlined in Subsection 300-1 of the Standard Specifications. This item shall only apply to the sawcutting and removal of asphalt concrete pavement. Removal of bituminous pavement shall be made to a sawcut at the designated lines of removal shown on the Plans or as designated by the Engineer. Location of sawcut and width of existing pavement to be removed shall be as shown on the plans or as determined by the Engineer in the field. Payment for sawcutting shall be included in the compensation paid for the pavement removal and no additional compensation will be allowed. The removal of the concrete cut off wall and any grouted and/or loose boulders, concrete pieces and rocks that are a part of the concrete pavement and cut off walls through the channel are considered part of the concrete pavement and is incidental to this removal item and no additional compensation will be allowed. Technical Specifications 4000-9 300-1.3 Removal and Disposal of Materials 300-1.3.1 General [Add the following]: All materials removed shall be disposed of in a legal manner at an appropriate Disposal Site. 300-1.4 Payment. [Add the following]: Payment for Sawcut and Remove AC Pavement and Remove Concrete Pavement and Cut off Wall shall be included in the Square Foot bid price as shown on the Bid Schedule. The compensation paid shall include full compensation for furnishing all labor, materials, tools, and equipment for doing all work involved, including removing, hauling, proper disposal, and no additional compensation will be allowed therefore. No payment will be made to the Contractor for Removals outside the stated limits, unless such work is authorized in writing by the City. 10.0 SAWCUT & REMOVE CONCRETE SLOPE PROTECTION (Bid Item #’s 7 & 116) Removals shall conform to the provisions in Section 300 of the Standard Specifications and these special provisions. Removals shall consist of but are not limited to, in addition to the work outlined in Subsection 300-1 of the Standard Specifications. This item shall only apply to the sawcutting and removal of concrete slope protection. Removal of concrete slope protection shall be made to a sawcut at the designated lines of removal shown on the Plans or as designated by the Engineer. Location of sawcut and width of existing pavement to be removed shall be as shown on the plans or as determined by the Engineer in the field. Payment for sawcutting shall be included in the compensation paid for the pavement removal and no additional compensation will be allowed. 300-1.3 Removal and Disposal of Materials 300-1.3.1 General [Add the following]: All materials removed shall be disposed of in a legal manner at an appropriate Disposal Site. 300-1.3.2 Requirements. [Add the following]: (d) Miscellaneous In addition to the work outlined in Subsection 300-1 of the Standard Specifications, the following items of work are included under Clearing and Grubbing unless otherwise covered by a specific bid item. (1) Provide all necessary water for construction activities. The contractor shall make arrangements with CVWD to obtain construction water meter(s). The cost of the water meters shall Technical Specifications 4000-10 be included in the cost of related items. (2) Removal of structures, as directed by Engineer to be removed or abandoned. (3) Protection of utilities, trees, fences, gates, walls, greens and other facilities within the construction zone, except those shown on the plans and those specifically directed by the Engineer to be removed or relocated. (4) Clearing and removal of debris from the site of work. This includes removal and legal disposal of structural items, non- structural items, existing fences, gates, signs, and posts including the associated footings/foundations. (5) Verification of existing locations and elevations as shown on the plans or directed by the Engineer. (6) Provide for the replacement of trees, plants, and hardscape of the same kind, to the satisfaction of the City whether indicated on the plans or not. (7) This item shall also be interpreted to include the removal or relocation of any additional items in conflict with the proposed work not specifically mentioned herein or covered by specific bid item as directed in the field by the Engineer, which may be found within the work limits whether shown or not shown on the plans to be removed or relocated. 300-1.4 Payment. [Add the following]: Payment for Sawcut and Remove Conc. Slope Protection shall be included in the Square Foot bid price as shown on the Bid Schedule. The compensation paid shall include full compensation for furnishing all labor, materials, tools, and equipment for doing all work involved, including removing, hauling, proper disposal, and no additional compensation will be allowed therefore. No payment will be made to the Contractor for Removals outside the stated limits, unless such work is authorized in writing by the City. 11.0 CLEARING AND GRUBBING (Bid Item #’s 8 & 92) Clearing and Grubbing shall conform to the provisions in Section 300-1, “Clearing and Grubbing”, of the Standard Specifications and these Special Provisions: 300-1.3.2 Requirements. [Add the following]: (d) Miscellaneous In addition to the work outlined in Subsection 300-1 of the Standard Specifications, the following items of work are included under Clearing and Grubbing unless otherwise covered by a specific bid item. Technical Specifications 4000-11 (1) Provide all necessary water for construction activities. The contractor shall make arrangements with CVWD to obtain construction water meter(s). The cost of the water meters shall be included in the cost of related items. (2) Removal of structures, as directed by Engineer to be removed or abandoned. This item includes wall, concrete patio, planter areas, curb edging poles and pilasters supporting lighting along with the disconnecting of the electrical service to the light and removal of the light fixture. (3) Protection of utilities, trees, fences, gates, walls, greens and other facilities within the construction zone, except those shown on the plans and those specifically directed by the Engineer to be removed or relocated. (4) Removal, relocation and replacement of existing landscaping and irrigation systems in conflict with the items of construction as directed by the Engineer. Existing irrigation facilities are to be plugged by the Contractor until the replacement system is constructed. To ensure the remainder landscaping irrigation still functions as it exists, temporary facilities will be constructed at the contractor's expense to allow the protection of the existing foliage. Upon completion of the roadway work, the Contractor shall re-install and/or reconnect the existing irrigation equipment to the original working condition. (5) Clearing and removal of debris from the site of work. This includes removal and legal disposal of existing fences, gates, signs, and posts including the associated footings/foundations. 300-1.4 Payment. [Add the following]: Clearing and Grubbing shall be paid for at the Lump Sum contract price and no additional compensation will be allowed. Payment shall include full compensation for furnishing all labor, materials, tools, equipment, and doing all work involved in clearing and grubbing as specified. No payment will be made to the Contractor for Clearing and Grubbing outside the stated limits, unless such work is authorized in writing by the CITY. Remove Mobile Home and Single Family House The mobile home units to be removed are located at 46400 Dune Palms Road in La Quinta. The two mobile home units are located north and south of the pool and the single family home is immediately adjacent to the storm water channel, located at the southern portion of the park site along the frontage of Dune Palms Road, shall be demolished and properly disposed of at an authorized facility. The Contractor will not need to notify HCD on the removal of the either the mobile home units nor the house. Technical Specifications 4000-12 Per the attached Asbestos Evaluation, the Contractor shall properly remediate, remove and properly dispose of all asbestos prior to the removal of each structure. The mobile homes shall be demolished and properly disposed at an authorized facility. For the removals and site clearing, the Contractor shall secure the area with fencing until the area has been restored in accordance with these specifications and to the satisfaction of the City. Fencing shall be chain link fence with fabric. The removal of the unit shall also include all excess trash/items left in the interior of the unit. If additional services and/or the use of special equipment are necessary to complete the work, prior written authorization must be obtained. Further, upon a complete breakdown/demolition of the mobile home, the contractor shall submit a breakdown of service provided and proof of disposal from the landfill. Contractor will be required to pay prevailing wage. Removal of non-mobile home unit items will be compensated under the Clearing and Grubbing bid item and no additional compensation will be allowed therefore. Remove Mobile Home and Remove House shall be incidental to the Clearing and Grubbing bid item and no additional compensation will be allowed. Payment shall include full compensation for furnishing all labor, materials, tools, equipment, and doing all work involved in fencing, clearing and hauling disposal material as specified. Mobile Home Lot and House Site Clearing The Contractor shall clear lots housing the two mobile home units along with the single family home site per the provisions in Section 300-1, “Clearing and Grubbing”, of the Standard Specifications and these Special Provisions: 300-1.3.2 Requirements. [Add the following]: (d) Miscellaneous In addition to the work outlined in Subsection 300-1 of the Standard Specifications, the following items of work are included under Clearing and Grubbing unless otherwise covered by a specific bid item. Each of the noted lots shall be cleared of all constructed materials such as fencing, concrete, etc. Contractor shall protect to the extent possible all vegetation on the lot. (1) Provide all necessary water for construction activities. The contractor shall make arrangements with CVWD to obtain construction water meter(s). The cost of the water meters shall be included in the cost of related items. (2) Secure the removal areas with fencing until the area has been restored in accordance to these specifications and to the satisfaction of the City. (3) Provide temporary fencing, chain link fence with fabric, along the frontage with Dune Palms Road, prior to completion of the permanent perimeter wall, to the satisfaction of the City. Technical Specifications 4000-13 (4) Removal of the non-mobile home structures, as directed by Engineer. This item includes but it not limited to; Porch Cover, Aluminum and Non- Aluminum Car Port/Awning, Room Addition, Exterior Excessive Trash/Debris, Wooden Structure, Storage Shed/Structure, misc. parts, machines, etc., Furniture, and excess trash left outside of mobile/unit. (5) Removal of all concrete improvements which are above the surrounding existing ground. (6) Protection of utilities, trees, and vegetation within the construction zone, except those specifically directed by the Engineer to be removed or relocated. (7) Clearing and removal of debris from the site of work. This includes removal and legal disposal of existing fences, gates, signs, and posts including the associated footings/foundations. All PCC concrete, masonry block, foundation slabs and walls that are above the existing ground and are within the Dune Palms Road right of way area shall be removed and disposed, with the exception house foundation, asphalt driveway and concrete sidewalk/patio. All electrical pedestals shall be de- energized, capped and removed from all three locations. Unclassified fill shall be placed and compacted to 90% relative compaction to existing grade elevations in place of demolished footings. Any placed concrete or mortared rock improvement which is buried or level with the surrounding ground shall remain, expect the above noted house concrete flatwork and if the concrete is disturbed during other removal operations, then said concrete shall be removed and disposed of properly. All concrete pavers shall be removed and properly disposed of under this bid item. All removals and final site appearance shall be done to the satisfaction of the City. In all areas of exposed dirt, the Contractor shall apply a soils stabilizer to the satisfaction of the City. 300-1.4 Payment. [Add the following]: Mobile Home Lot and House Site Clearing shall be incidental to the Clearing and Grubbing bid item and no additional compensation will be allowed. Payment shall include full compensation for furnishing all labor, materials, tools, equipment, and doing all work involved in clearing and hauling disposal material as specified. No payment will be made to the Contractor for Clearing outside the stated limits, unless such work is authorized in writing by the CITY. Mobile Home and House Utility Disconnection and Capping The Contractor shall perform the following activities with respect to utility disconnections and removals: Technical Specifications 4000-14 Electric – Contractor to coordinate with mobile home park owner through the City and IID to disconnect all electrical services located within limits of removal at the main service panel supplying power to the mobile home park. All electrical work shall be performed by a licensed C-10 electrical or other authorized licensed contractor. Services to each site shall be permanently deenergized and the pedestal removed. All full site power outages shall be minimized to the extent possible. Two (2) week minimum advanced notice shall be supplied to all residents affected by disconnection and mobile home park owner prior to disconnection. Contractor shall remove all conduit and conductors from the mobile home unit to the pedestal. Service to existing residents must be fully operational within the end of each working day. Natural Gas – The Gas Company has removed the gas meter and has also abandoned the service line to the edge of pavement. Telephone and Cable Television - Disconnect prior to demolition activities. Disconnection shall not affect any of the residents. Remove miscellaneous conduit / conductors / pedestals after service disconnection for all utilities within limits of removal and as directed in the field. Coordinate with City, Frontier and Spectrum for inspection and approval. Water (Private) – Water service shall be located and capped at a point within 5 feet of the edge of asphalt within the lot. Coordinate with the City for inspection and approval. Sewer (Private) – Sewer lateral shall be located and capped either at the existing clean out or at a point within 5 feet of the edge of pavement within the lot. Coordinate with the City for inspection and approval. Miscellaneous Irrigation and PVC Drain Pipe – Remove and dispose all on-site existing irrigation and drain line facilities encountered during demolition activities. Existing Road Repair Requirements – Contractor shall repair roadway base material, asphalt, and slurry coat to match existing conditions after all disconnection work is complete. The demolition contractor shall provide photographs of all caps, removals, and disconnection work. All utility improvements installed shall be in accordance with the California Uniform Building Code, Latest Edition, including all necessary permits from jurisdictional agencies. Technical Specifications 4000-15 300-1.4 Payment. [Add the following]: Mobile Home and House Utility Disconnection and Capping shall be incidental to the Clearing and Grubbing bid item and no additional compensation will be allowed. Payment shall include full compensation for furnishing all labor, materials, tools, equipment, and doing all work involved in disconnecting and capping utility lines as specified. All utility disconnections, capping and repair work shall be to the satisfaction of the City and/or governing utility. 12.0 UNCLASSIFIED EXCAVATION (Bid Item #’s 9 & 93) Unclassified Excavation shall conform to the provisions in Section 300-2, “Unclassified Excavation”, of the Standard Specifications and these Special Provisions: Contractor shall also comply with all items within the “Mitigation Monitoring Plan” as shown in Appendix. The Contractor; however, is not responsible for hiring a professional archeologist. The Contractor shall limit the grading operations to 5 acres or less of disturbed area at any given time during the construction of the project. During excavation operations south of the storm water channel, the City will have a full-time archaeological monitor on site during all ground disturbing activities associated with the project. In addition, the Contractor shall provide access to the site, during ground disturbing operations to a tribal monitor provided by the Native American group. 300-2.1 General. [Add the following] Unclassified Excavation shall include excavating, loading, stockpiling, hauling, and disposing of surplus material to the subgrade depth indicated on the plans or as directed by the Engineer. 300 2.2 Unsuitable Material. [Add Subsection 300 1.3.2 (a) "Bituminous Pavement" as Subsection 300 2.2.3 and amend as follows]: The areas and quantities shown on the plans or specifications are given only for the Contractor's aid in planning the work and/or preparing bids. The Engineer shall designate the limits to be removed and these designated areas shall be considered to take precedence over the areas shown on the plans. No guarantee is made that areas or quantities shown will equal the areas or quantities designated by the Engineer. Spalled or loose blocks of pavement and pavement cracks wider than 3/8 inch will be deemed justification for extending or adding to the removal and replacement of asphalt concrete pavement. Technical Specifications 4000-16 The areas indicated for removal and replacement shall be excavated to the full depth of the proposed pavement section (asphalt and base), regardless of thickness. The City does not have boring data. If the Contractor wishes to personally check the existing pavement thickness, the City Engineer’s office will cooperate by issuing the necessary encroachment permit upon application by the Contractor and payment of the appropriate fee. 300-2.6 Surplus Material. [Add the following]: All surplus materials shall be disposed of in a legal manner at the Contractor's expense. 300-2.8 Measurement. [Add the following]: (8) Bituminous Pavement Removals. (9) Concrete Removals 300-2.9 Payment. [Replace with the following]: Unclassified Excavation shall be considered incidental to Clearing and Grubbing, and shall include furnishing all labor, materials, tools, and equipment for doing all work involved with the excavating and placement of fill for the street section per the plans, including loading, hauling, stockpiling, and disposal of all excavated material and no direct or additional compensation will be allowed therefore. 13.0 UNCLASSIFIED EXCAVATION (CHANNEL) (Bid Item #10) Unclassified Excavation shall conform to the provisions in Section 300-7, "Earthwork for Channels", of the Standard Specifications and these Special Provisions: This excavation is for the grading and leveling operations within the channel bottom. Excavation and backfill operations required for the construction of the concrete slope protection shall be incidental to the construction of the slope protection and no additional compensation will be allowed therefore. 300-7.3 Excavation. [Add the following] Earthwork for the channel bottom shall consist of grading operations to level out the existing embankment of material on the upstream side of the existing roadway crossing. These grading operations shall not extend more than 200 feet east and west of the street centerline and shall protect to the extent possible the existing wetland areas. All material shall be disposed of within the existing channel area, and no haul off will be required for this grading operation. Technical Specifications 4000-17 300-7.6 Measurement and Payment. [Replace with the following]: Unclassified Excavation (Channel) will be measured from the existing grade to the proposed elevation as indicated on the plans or as directed by the Engineer. No adjustment in compensation will be allowed for changes in the total excavation of the channel bottom. If the total quantity exceed 125% of the quantity or are less than 75% of the quantity indicated in the Proposal Bid Schedule for Unclassified Excavation (Channel), the unit price will not be adjusted pursuant to Section 3-2.2 of the Standard Specifications. Payment for Unclassified Excavation (Channel) shall be made at the Cubic Yard price as shown on the Bid Schedule. The compensation paid shall include full compensation for furnishing all labor, materials, tools, and equipment for doing all work involved, including excavating and grading the bottom of the channel and disposal of all excavated materials within the existing channel area and no additional compensation will be allowed therefore. 14.0 UNCLASSIFIED FILL (Bid Item #’s 11, 12, 94 & 95) Unclassified Fill and Suitable backfill material shall conform to the provisions in Section 300-4, "Unclassified Fill", of the Standard Specifications and these Special Provisions. 300-4.1 General. [Add the following] Suitable backfill include loading, hauling, placement and compaction of embankment material to a height of +4" below the top of the median curb within the median planting area. 300-4.9 Payment. [Add the following] Suitable backfill will be measured from the existing grade to the top of the embankment as indicated on the plans, in the specifications or as directed by the Engineer. Payment for Unclassified Fill shall be made at the Cubic Yard price as shown on the Bid Schedule. The compensation paid shall include full compensation for furnishing all labor, materials, tools, and equipment for doing all work involved, including loading, hauling, placement and compaction of the embankment area. Payment for Suitable Backfill Material shall be made at the Cubic Yard price as shown on the Bid Schedule. The compensation paid shall include full compensation for furnishing all labor, materials, tools, and equipment for doing all work involved, including loading, hauling, placement and compaction of the embankment area. The volume of suitable backfill within the median area shall be from +4" below the top of the median curb to 12” down, or to the bottom of the curb. Technical Specifications 4000-18 15.0 CONSTRUCT BYPASS ROAD (Bid Item #13) Construction of the Temporary Bypass Road shall conform to the provisions in Section 300-2 “Unclassified Excavation”, Section 300-4 “Unclassified Fill”, Section 302-6 “Portland Cement Concrete Pavement”, Section 301-1 “Treated Soil, Subgrade Preparation and Placement of Base Materials”, Section 207-11 “Corrugated Steel Pipe and Pipe Arches”, Section 306 “Underground Conduit Construction” of the Standard Specifications and the following. Construction of the temporary bypass road shall consist constructing a roadway section for two lanes of traffic during the construction of the western half of the proposed bridge. This item of work shall consist of all materials and equipment necessary to construct the bypass road in accordance with the details in the plans including but not limited to removals, excavation, backfill, compaction, aggregate base or crushed miscellaneous base, concrete pavement, corrugated metal pipe, delineation tubes and riprap complete and in place. Attention is directed to "Maintaining Traffic" and "Temporary Pavement Delineation" of these special provisions and to the stage construction sheets of the plans. The work shall be performed in conformance with the stages of construction shown on the plans. Nonconflicting work in subsequent stages may proceed concurrently with work in preceding stages, provided satisfactory progress is maintained in the preceding stages of construction. In each stage, after completion of the preceding stage, the first order of work shall be the removal of existing pavement delineation as directed by the Engineer. Pavement delineation removal shall be coordinated with new delineation so that lane lines are provided at all times on traveled ways open to public traffic. Before obliterating any pavement delineation (traffic stripes, pavement markings, and pavement markers) that is to be replaced on the same alignment and location, as determined by the Engineer, the pavement delineation shall be referenced by the Contractor, with a sufficient number of control points to reestablish the alignment and location of the new pavement delineation. The references shall include the limits or changes in striping pattern, including one- and 2-way barrier lines, limit lines, crosswalks and other pavement markings. Full compensation for referencing existing pavement delineation shall be considered as included in the contract prices paid for new pavement delineation and no additional compensation will be allowed therefore. Technical Specifications 4000-19 Payment for Construct Bypass Road will be by the Lump Sum, complete inplace, and shall include full compensation for all labor, materials, tools, and equipment and for doing all work involved in removals for both construction and removal of the temporary bypass road, excavation, grading, backfill, compaction, aggregate base or crushed miscellaneous base, concrete pavement, corrugated metal pipe, delineation tubes and riprap per the plan and no additional compensation will be allowed therefore. The signing and striping for the traffic control will be paid for under the Traffic Control bid item, and no additional compensation will be allowed for the necessary signing and pavement markings for temporary bypass or construction traffic control staging. 16.0 COLD MILLING AC PAVEMENT (Bid Item # 96) Cold milling of asphalt concrete pavement shall be in accordance with Section 302-5.2 of the Standard Specifications for Public Works Construction and as modified by these Special Provisions. Cold milling of asphalt concrete pavement shall be to the lines shown on the plans, incorporated exhibits or detail drawings, or as directed by the engineer, and shall comply with the construction methods set forth in Section 302-5.2 of the Standard Specifications for Public Works Construction. An area that is cold-milled may not have traffic running on it for more than 24 hours or liquidated damages will be assessed, unless prior approval has been provided by the City in writing. All cuts (transverse header cuts or longitudinal cuts) that crate a difference in height of a riding surface of 1.0 inches or greater, that will be open to public traffic, shall be ramped at 4:1 (length : height) or flatter. Small and mini-grinding equipment may be used, if necessary, to access all existing asphalt concrete areas within the required cold mill limits as shown on the plans and shall be approved by the Engineer. Residue from cold milling shall be immediately removed from the roadbed by sweeping, and shall not be permitted to flow into the gutters or other drainage facilities. 0.10’ Cold Milling Asphalt Concrete Pavement shall be paid for by Square Foot and shall include full compensation for all labor, materials, tools, and equipment and necessary site cleanup. 17.0 ASPHALT CONCRETE (Bid Item #’s 14, 97 & 98) Asphalt Concrete shall include full depth sections and conform to the requirements of Subsection 203-6 and Section 302-5 of the Standard Specifications, and these Special Provisions. Technical Specifications 4000-20 203-6 ASPHALT CONCRETE 203-6.1 General. [Add the following to the end of the subsection]: Asphalt concrete shall conform to the provisions of Subsection 400-1, "Rock Products," and Subsection 400-4, "Asphalt Concrete". The viscosity grade of paving asphalt shall be PG 70-10. The following aggregate size shall be used. Asphalt Base Course 3/4" Max. Medium Finish Course 1/2" Max. Medium The Contractor shall submit final asphalt mix designs to the Agency for review prior to paving. Asphalt Concrete Pavement 1. Asphalt concrete material shall conform to PG 70-10, as specified in Section 203-6, “Asphalt Concrete”, of the Standard Specifications. 2. Distribution, spreading, rolling, and compaction of asphalt concrete pavement shall conform to requirements as specified in Section 302-5, “Asphalt Concrete Pavement”, of the Standard Specifications. 3. Diesel fuel shall not be used to coat the beds of delivery trucks. If diesel fuel is detected on any load the entire load will be rejected. 4. Asphalt concrete surface course shall be placed in two (2) lifts and compacted to the thickness shown in the Plans. 5. No roller shall be permitted to stand motionless on any portion of the work before it has been properly compacted. Upon completion, the pavement shall be true to grade and cross-section. When a 10-foot straightedge is laid on the finished surface, the surface shall not vary from the edge of the straightedge more than ¼-inch. 302-5.5 Distribution and Spreading. [Add the following, including new Subsection 302-5.4.1.]: A minimum of two courses shall be laid for all asphalt concrete pavements of three inches or thicker. The base course shall be Caltrans PG 70-10 with a 3/4" maximum, medium aggregate. The finish course shall be Caltrans PG 70-10 with a ½” maximum, medium aggregate. Both the base and finish course shall be machine placed. Technical Specifications 4000-21 302-5.9 Measurement and Payment. [Add the following]: Asphalt Concrete for the specified pavement sections shall be measured and paid for at the contract unit price bid per Square Foot and shall include full compensation for all labor, materials, tools, and equipment and for doing all work involved in placing asphalt concrete for pavement reconstruction and driveways including compaction or re-compaction of subgrade, complete in place. Asphalt Tack Coat 302-5.4 Tack Coat. [Replace with the following] Prior to paving over existing asphalt concrete, the surface shall be cleaned, cracks shall be sealed as shown below, and the surface shall have a tack coat of SS-1h emulsion at a rate of 0.10 gallon per square yard applied. The surface shall be free of water, foreign material, or dust, when the tact coat is applied. To minimize public inconvenience, no greater area shall be treated in any one day than is planned to be covered by asphalt concrete during the same day unless otherwise authorized by the Engineer. A similar tack coat shall be applied to the surface of any course, if the surface is such that a satisfactory bond cannot be obtained between it and a succeeding course. The contact surfaces of all cold pavement joints, curbs, gutters, manholes, shall be painted with grade ss-lh emulsified asphalt immediately before the adjoining asphalt concrete is placed. Prior to placing the tack coat, all pavement cracks greater than or equal to ¼ “width shall be cleaned with a heat lance and sealed with Crafco Polyflex Type lll crack sealant or approved equal. Crack sealant shall be applied with a wand such that excess material is not remaining at the crack surface after sealing. Patching and Repair 1. Damaged, faulty or nonconforming asphalt concrete pavement surfaces shall be completely removed. New asphalt concrete pavement surfacing shall be placed and compacted to the minimum thickness required, and to smoothly join the adjacent finished surfaces. 2. Patching with thin overlays will not be permitted unless authorized by the CITY. Maintenance and Protection 1. After an area has been released to the Contractor, they shall assume complete responsibility for maintenance and protection responsibilities without the written authorization of the CITY. 2. All surfaces, structures, manholes, gratings, etc., damaged after the areas have been released to Contractor, whether such damage was caused by the Contractor or other contractors working on the site, shall be repaired Technical Specifications 4000-22 by the Contractor at no additional cost to the City, unless the maintenance and protection responsibilities of the Contractor has been waived in writing by the CITY. 3. Damaged areas of pavement shall immediately be repaired to protect the subgrade from surface waters. 4. The pavement thickness specified will not support repeated loading from heavy construction equipment. Warranty The Contractor shall furnish an unqualified warrantee stating, in writing, that he will, at no additional cost to the City, repair or replace all bituminous pavement and aggregate base in any areas that become defective within a period of one year after completion and acceptance of the work by the City. 18.0 SUBGRADE PREPARATION & PLACEMENT OF BASE MATERIALS (Bid Items #15, 99 & 120) Preparation of the pavement subgrade shall conform to the provisions of Section 301-1 of the Standard Specifications and these Special Provisions. 301-1.3 Relative Compaction. [Replace with the following]: Relative compaction shall be modified to require 95% relative compaction of the top 12" of the subgrade in lieu of the 90% allowed under base material. 301-1.7 Payment. [Replace with the following]: Compensation for subgrade preparation shall be deemed to be included in the bid price of other items, and no additional compensation will be allowed. 301-2 UNTREATED BASE 301-2.1 General. [Replace with the following]: Untreated base shall be Class II Aggregate Base and shall conform to the Provisions of the Section 200-2 “Untreated Base Materials” of the Standard Specifications. 301-2.4 Measurement and Payment. [Add the following]: Payment for Class II Aggregate Base shall be per the contract price per Square Foot as shown on the proposal bid sheet. 19.0 CRUSHED MISCELLANEOUS BASE (Bid Item #16) Crushed miscellaneous base material shall conform to the provisions of Section 200-2.4 and 301-2 of the Standard Specifications and these Special Provisions. The crushed miscellaneous base material shall be used as base material for the staging area as used by the Contractor activities. Crushed miscellaneous base material may be used in the construction of the temporary bypass road, which will be incidental to the lump sum cost of the bypass road and no additional compensation will be allowed therefore. Technical Specifications 4000-23 Payment for Crushed Miscellaneous Base for the staging area will be by the Cubic Yard, complete inplace, and shall include full compensation for all labor, materials, tools, and equipment and for doing all work involved in loading, hauling, placement and compaction of the base material and no additional compensation will be allowed therefore. 20.0 ASPHALT CONCRETE (AC) DIKE (Bid Item #17 & 100) Asphalt Concrete (AC) Berm / Dike construction shall conform with Section 203 of the Standard Specifications and these Special Provisions. PG 70-10 paving asphalt shall be used in the construction of the asphalt concrete dikes. Asphalt Concrete Berm / Dike shall be measured and paid for at the contract unit price per Lineal Foot and shall include full compensation for all labor, materials, tools, and equipment and for doing all work involved in placing the AC dike per the plan. 21.0 CONCRETE CONSTRUCTION (Bid Item #’s 18 – 24, 26 – 27, 101 – 106, 117, 121, 122 & 133) Concrete construction shall conform to Section 201 “Concrete Mortar, and Related Material” and Section 303, “Concrete and Masonry Construction”, of the Standard Specifications and these Special Provisions. Curing compound shall be Type 2 - clear pigmented only for all concrete. Curing compound must be applied to all concrete surfaces at the application rate required in Section 201-4 of the Standard Specifications. Preparation of existing native subgrade in areas where Portland Cement Concrete improvement will be constructed shall conform with Section 301-1, “Subgrade Preparation”, of the Standard Specifications. 201-1 PORTLAND CEMENT CONCRETE 201-1.1 Requirements 201-1.1.2 Concrete Specified by Class (Add the following:) Construction Class Slump Sidewalks, curbs and gutters 560-C-3250 3” Driveways, pavement, local depressions 560-C-4000 4” Concrete surrounding manhole, cleanouts, and vault frames. 560-C-3250 4" Catch Basins 560-C-3250 5” 201-1.2 Materials 201-1.2.1 Portland Cement (Delete the first paragraph and add the following:) Technical Specifications 4000-24 The cement to be used or furnished shall be Type V Portland Cement conforming to ASTM C150, unless otherwise specified. 18.1 Concrete Curb, Gutter, Sidewalk, Local Depression, Curb Ramp, Commercial Driveway, Driveway Approach, Pavement, Local Depression, Cross Gutter, Colored Stamped Median, Trail and Utility Cover Collar Concrete Curb Gutter, Sidewalk, Local Depression, Curb Ramp, Commercial Driveway, Driveway Approach, Local Depression, Colored Stamped Median and Utility Lid Cover Collar shall conform to the provisions in Section 303-5, of the Standard Specifications and these Special Provisions. 303-5.1.1 General. [Add the following paragraph]: Concrete curbs, walks, gutters and access ramps shall conform to the Standard Specifications as modified herein. Immediately after finishing operations are completed, Type II concrete curing compound shall be applied at the rate of one gallon per 150 square feet. All pull boxes, water meter boxes, valve boxes and other utilities indicated on the plans shall be adjusted to the proposed finish grade and approved by the City prior to the placement of concrete. 303-5.5.3 Walk. [Add the following]: Concrete sidewalk, cross gutters and access ramps shall have a medium broom finish. The handicap ramp constructed within the curb return shall conform with City Standard 250, American’s with Disabilities Act (ADA) Provisions, and as indicated on the Plans. The handicap ramp shall be constructed above native subgrade, scarified to a depth of six-inches (6") and compacted to 90% minimum relative compaction, and as required by the Standard Specifications. The actual finish surface of the handicap ramp shall be determined in the field by the Contractor. The ramp shall match, as appropriate, the curb & gutter, and shall provide minimum and maximum cross-slopes from the back of curb to the sidewalk, as required by the appropriate Standards and Specifications. 303-5.5.4 Gutter. [Add the following]: Prior to acceptance of the curb and gutter constructed by the Contractor, a flow test shall be conducted by the Contractor in the presence of the Engineer. Any new work found to be defective shall be repaired or replaced by the Contractor in accordance with Subsection 303-5.7 of the Standard Specifications. Technical Specifications 4000-25 303-5.9 Measurement and Payment. [Add the following to this section]: Payment for Concrete Curb and Gutter, Median Curb and Wedge Curb shall be included in the contract bid price per Linear Foot as shown on the proposal bid sheets. Measurement for the concrete curb and gutter shall stop and start at curb taper of each driveway approach. The concrete gutter through each driveway approach will be paid for under Concrete Driveway Approach. Payment for Sidewalk, Driveway Approach, Colored Stamped Concrete Median, Trail and Cross Gutter shall be included in the contract unit bid price per Square Foot and shall include full compensation for providing this item of work, complete in place, including required hand work, and no additional compensation will be allowed. The landing area behind curb returns is part of the Curb Ramp and will be included in the contract unit bid price Curb Ramp (Type A) and Curb Ramp (Case B, Type 1). The Driveway Approach shall include the gutter, driveway approach and sidewalk within the limits of the approach in the contract unit price. Payment for Curb Ramps shall be included in the contract bid price per Each. The Curb Ramp shall include all concrete and other materials necessary to construct said ramp starting and the beginning of the curb return to the end of the curb return, in accordance with the City Standard. Payment for Utility (Valve and Manhole) Collar shall be incidental to the water valve, sewer manhole or/or storm drain manhole bid items and no additional compensation will be allowed. Payment shall include full compensation for furnishing all labor, materials, tools, equipment, and doing all work involved in placement of the concrete collar per the plan details and/or standard drawing associated with each appurtenance. Payment for Local Depression shall be incidental to the construction of the associated catch basin and no additional compensation will be allowed therefore. Driveway approaches shall be measured for payment from the lip of gutter to the back of the sidewalk or right of way, as noted per the plans. The width of the curb shall not be measure for payment for sidewalks. 18.2 Slope Protection including the Trail Undercrossing, and Anchor Wall Concrete Slope Protection, Trail Undercrossing and Anchor Wall shall conform to the provisions in Section 303-1, of the Standard Specifications and these Special Provisions. 303-1.1 General. [Add the following to this section]: Concrete Slope Protection, Trail Undercrossing and Anchor Wall shall conform to the Standard Specifications as modified herein. Technical Specifications 4000-26 This work shall consist of constructing concrete slope protection and associated bike path, anchor wall and access road including the grading of the access road at the top of the slope protection. At the option of the Contractor, the slope protection and linings, including footings, support walls, cut off stubs, cut off walls and aprons, shall be constructed of either Portland cement concrete or shotcrete. In addition, this work will also include the special detailing for water main crossings of the concrete slope protection. 303-1.2 Subgrade for Concrete Structures Excavation shall consist of removal of materials for the construction of the foundation for the concrete slope protection. Backfill shall consist of furnishing material, if necessary, placing and compacting backfill material around the structure to the lines designated on the plans. Excavation and backfill for the placement of the concrete slope protection is incidental to the construction and placement of the slope protection and shall include the furnishing of all materials and equipment; construction or installation of other facilities which may be necessary to perform the excavations and to place and compact the backfill; and subsequent removal of such facilities, except where they are required or permitted by the Plans or Specifications to remain in place. Excavation in an open cut for lined channels may be made so as to place concrete directly against excavated surfaces, provided the faces of the excavation are firm, hard, and unyielding; are such as will stand or can be made to stand without sloughing; and are at all points outside the concrete lines shown on the Plans. Within those areas where the channel slope will need to be built up to the proper elevation, the subgrade shall be compacted to not less than 90 percent relative compaction. The foundation, which includes all surfaces upon which concrete or shotcrete is to be placed, shall be evenly graded such that no point on the graded surface shall be above the designated plane. If unsuitable material is encountered at the elevation of the foundation, the material shall be removed and disposed of as directed by the Engineer. The resulting space shall be filled with material suitable for the foundation. The foundation areas shall be thoroughly compacted, with moisture sufficient to allow a firm foundation and to prevent absorption of water from the concrete or shotcrete but shall not contain free surface water. 303-1.11 Payment Payment for Concrete Slope Protection including the bike path, anchor wall and access ramp shall be included in the contract unit bid price per Cubic Yard and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all work involved in shaping slopes and preparing the foundation, constructing weep holes and drain holes, furnishing and placing expansion joint filler, mortar, reinforcement, structure excavation and structure backfill including the construction of the 20 foot channel access road on top of the concrete slope Technical Specifications 4000-27 lining per the details in the plan, and pervious backfill material, and constructing the finished slope protection, lined gutters, ditches and channels, including support walls, cut off stubs, cut off walls, footings and aprons, and special water main crossing detailing complete in place, as shown on the plans, as specified in these specifications and the special provisions, and as directed by the Engineer. Quantities of concrete or shotcrete will be measured by the cubic yard computed from measurements, along the slope, of the actual areas constructed and the theoretical thickness shown on the plans. No additional compensation will be allowed for additional concrete or shotcrete placed by reason of low foundation. 22.0 CONCRETE STRUCTURES (Bid Item #’s 25, 29 – 35 & 118) Concrete structures shall conform to Section 207 and Section 303 of the Standard Specifications and these Special Provisions. Concrete structures for this project shall consist of retaining wall, catch basin, catch basin/drywell system, manhole, outlet structure, reconstruct storm drain manhole, and concrete collar. Concrete to be used in the construction of minor concrete structures shall be Class 560-C-3250, 5” slump concrete. Removal and sealing of the storm drain manhole structure shall consist of removal of the existing frame, cover and top concrete cone section and concrete barrel section necessary for placement of the new storm drainpipe, and sealing of the concrete barrel to prevent material from entering the manhole structure. The storm drain outlet structure shall include the furnishing and installation of the metal trash and safety grate per the details in the plans. The construction of the retaining wall shall also include the placement of the weep drains, and drainage system as detailed in the plans. The outlet of the retaining wall piping shall have a rodent grate. In addition, the retaining wall shall include waterproofing on the ground side of the wall and anti-graffiti coating on all exposed surfaces. The soil beneath the spread footing shall be overexcacated to a minimum depth of 2 feet and replaced with Structure Backfill. The horizontal extent of the footing overexcavation is defined by a 1:1 projection line from the bottom edges of the footing. Prior to placing the Structure Backfill, the exposed bottom of overexcavations should be scarified to a minimum depth of 8 inches and compacted in placed to at least 95% relative compaction. The upper two feet of material below the footing of the retaining wall shall be compacted to at least 95% relative compaction. The lateral extent of the 95% relative compaction should be at least 2 feet beyond the edges of the footing. Technical Specifications 4000-28 Payment for Catch Basin, Catch Basin/Drywell System, Storm Drain Manhole, Junction Structure, Storm Drain Outlet and Concrete Collar shall be measured and paid for at the contract unit price per Each and shall include full compensation for all labor, materials, tools, and equipment and for doing all work involved in placing the concrete structures per the plan. Payment for the Type 1 Retaining Wall shall be measured and paid for at the contract unit price per Square Foot of retaining wall surface and shall include full compensation for all labor, materials, tools, and equipment and for doing all work involved in placing the concrete structure and footing, structure excavation and backfill material, compaction, weep drains, drainage system per the plan details, waterproofing, and anti-graffiti coating and no additional compensation will be allowed therefore. Payment for the Reconstruct Storm Drain Manhole to Grade shall be measured and paid for at the contract unit price per Lineal Foot of manhole extension and shall include full compensation for all labor, materials, tools, and equipment and for doing all work involved in placing the concrete structure, structure excavation and backfill material and compaction and no additional compensation will be allowed therefore. 23.0 MASONRY BLOCK WALL (Bid Item #’s 28 & 107) Masonry block (garden) wall shall conform to the requirements of Section 303 of the Standard Specifications and these Special Provisions. The masonry block shall be split face on the roadway side, with solid grouted cells and tan color, matching the existing wall to the north and as approved by the City. The join location of the existing and new wall shall be completed to the satisfaction of the City for workmanship, appearance, color and finish, and no additional compensation will be allowed therefore. Concrete Footings Concrete footings for the retaining walls shall be constructed in accordance with Section 303-1 of the Standard Specifications, general plan notes and these Special Provisions. Footings shall be a minimum of 12” into competent undisturbed natural soil or certified compacted fill. The allowable soil bearing for 12” minimum embedment and 12” wide footing is 1,800 psf. Structural concrete shall have an ultimate compressive strength at 28 days of 3,250 psi. Concrete footing shall be incidental to and shall be considered as included in the unit price bid for the construction and installation of the masonry block and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work and no additional compensation will be allowed therefore. Technical Specifications 4000-29 Steel Reinforcement Reinforcing steel shall conform to the requirements of Sections 201-2, 303- 1.7 and 303-4.1 of the Standard Specifications, general plan notes and these Special Provisions. Reinforcing steel shall be incidental to and shall be considered as included in the unit price bid for the construction and installation masonry block and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work and no additional compensation will be allowed therefore. Masonry Block Masonry block shall conform to the requirements of Section 303-4 of the Standards Specifications and these Special Provisions. All work shall be performed in a workmanlike manner and in full compliance with the applicable building ordinances. All masonry walls shall be laid true, level, and plumb in accordance with the plans. Masonry units shall be cured, dry, and surfaces shall be clean when laid in the walls. During construction, all partially laid walls as well as units in storage shall be protected from moisture. All concrete block units and any partially laid walls which become wet during the construction shall be permitted to dry for at least 1 week or longer, if required by weather conditions, before recommencing work. Proper masonry units shall be used to provide with a minimum of unit cutting. Where masonry unit cutting is necessary, all cuts shall be neat and regular, and edges exposed in the finished work shall be cut with a power- driven abrasive saw. The Masonry Block Wall shall be measured and paid for at the contract unit price per Lineal Foot and the Masonry Wall Pilaster shall be incidental to the construction of the block wall and shall include full compensation for all labor, materials, tools and equipment and for doing all work involved in the construction of the wall including but not limited to footing construction, installation of reinforcing steel, and masonry wall construction per the plan and no additional compensation will be allowed therefore. 24.0 HDPE PIPE (Bid Item #’s 36 & 119) High Density Polyethylene pipe shall conform to the provisions in Section 209-5 of the Standard Specifications and these Special Provisions. The placement of the HDPE Pipe shall be in accordance with Section 306 of the Technical Specifications 4000-30 Standard Specifications and these Special Provisions. Pipe bedding for storm drains shall conform to Section 306-1.2.1 of the Standard Specifications. The cost of providing and installing said bedding material shall be included in compensation paid for the HDPE pipe and no additional compensation will be allowed. Where rock bedding is required by the Engineer to stabilize unstable subgrade due to existing ground conditions (not attributable to the Contractor's operation), such rock bedding shall be considered extra work as provided in Subsection 3-3 of the Standard Specifications as amended herein. Additional bedding placed in excess of the limits shown per the Standard Plan for the convenience of the Contractor shall not be subject to additional compensation. All trench backfill shall have a minimum relative compaction density of 95%. Jetting will not be permitted unless specifically approved in advance by the Agency. The Contractor shall connect the storm drainpipe to both the newly constructed catch basin structure as well as existing storm drain manhole. Connection activities shall be included in the construction activities for the placement of the storm drainpipe and no additional compensation will be allowed therefore. The contract unit bid price paid per Linear Foot for High Density Polyethylene Pipe shall include full compensation for all cutting, fitting, grouting and other work necessary to install the HDPE pipe and no additional compensation will be allowed therefore. 25.0 METAL FENCING, RAILING AND GATES (Bid Item #’s 37 – 38 & 123 – 124) Metal fencing and gates shall conform to the provisions in Section 83-1, "Railings and Barriers," of the State Specifications and these special provisions. Metal fencing on top of the northern retaining walls and gates shall be constructed to the dimensions, color and shapes shown on the plans, and shall match the pattern of the referee sample located at Adams Street Bridge over the Coachella Valley Storm Water Channel in the City of La Quinta. Metal fencing and gates shall be painted conforming to the provisions in Section 59, “Painting”, of the State Specifications. Color shall be as shown on the plans to be approved by the City prior to the application. Metal fencing (Retaining Wall) shall be measured and paid for at the contract unit price per Lineal Foot and shall include full compensation for all labor, materials, tools, and equipment and for doing all work involved manufacturing of the fencing, painting and installation of the metal fencing on top of the cast in place retaining wall complete and inplace and no additional compensation will be allowed therefore. Technical Specifications 4000-31 Metal railing (Trail) shall be measured and paid for at the contract unit price per Lineal Foot and shall include full compensation for all labor, materials, tools, and equipment and for doing all work involved manufacturing of the fencing, painting and installation of the metal fencing on top of the cast in place retaining wall complete and inplace and no additional compensation will be allowed therefore. Metal Gate Assembly shall be measured and paid for at the contract unit price per Each and shall include full compensation for all labor, materials, tools, and equipment and for doing all work involved manufacturing of the gate, painting, excavation for footings, concrete footing, footing connection and installation of the metal gate per the plan complete and inplace and no additional compensation will be allowed therefore. 26.0 CHAIN LINK FENCING (Bid Item #’s 39 – 40) Chain link fence and vehicle gate with lock shall conform to the provisions of Section 206-6 and 304-3 of the Standard Specifications and the following. The chain link fence may be installed around the staging area adjacent to Dune Palms Road, south of Westward Ho Drive. In addition to the fencing, the Contractor in accordance with the City’s Dust Control ordinance shall install fabric on all chain link fencing within the construction staging area. The Contractor will also provide a lock. At the completion of the project, the Contractor shall remove and properly dispose of the chain link fence. Payment for the Chain Link Fence shall be measured and paid for at the contract unit price per Lineal Foot and shall include full compensation for all labor, materials, tools, and equipment and for doing all work involved in placement and removal at the conclusion of the project in accordance with the plans and standard plan details. Payment for the Vehicle Gate shall be measured and paid for at the contract unit per Each and shall include full compensation for all labor, materials, tools, and equipment and for doing all work involved in placement and removal of the chain link fence gates in accordance with the plans and standard plan details. 27.0 TEMPORARY FENCE (Bid Item #41) Temporary Fencing shall conform to the provisions in Section 16-2.03, High Visibility Fences, of the Caltrans Standard Specifications, latest edition and the following provisions. Contractor shall install the temporary construction fencing per the plans and per the direction of the City. The Contractor shall be responsible for the installation, maintenance and removal of the fencing for the duration of the contract. Technical Specifications 4000-32 Payment for the Temporary Fence (High Visibility) shall be measured and paid for at the contract unit price per Lineal Foot and shall include full compensation for all labor, materials, tools, and equipment and for doing all work involved in placement, maintenance and removal at the conclusion of the project in accordance with the plans and standard plan details. 28.0 PVC PIPE (Bid Item #’s 44, 47, 109, 130 & 140 – 144) PVC Pipe shall conform to the provisions in Sections 207 and 306 of the Standard Specifications, the IID plans, specifications and details, and the following provisions. The IID Specifications and applicable details have been attached to these specifications. IID Undergrounding System The Contractor will be responsible for coordinating with IID on all trenching, conduit and structure installation inspections. IID inspections schedules are subject to a minimum 48-hour notice and are by appointment only at 760-398-5854. If the total installed quantity of conduit exceeds 125% or is less than 75% of the quantity indicated in the Proposal Bid Schedule for 3”, 4”, 5” and 6” Schedule 40 PVC, the respective unit prices will not be adjusted pursuant to Section 3-2.2 “Contract Unit Prices” of the Greenbook Standard Specifications. The contract unit price per Linear Foot for each size of the Schedule 40 PVC shall include full compensation for all cutting, fitting, connecting, end cap installation, pipe end marker, pull rope and other work necessary to install the PVC pipe and no additional compensation will be allowed therefore. The contract unit price per Each for the 5” Riser of Schedule 80 PVC shall include full compensation for all cutting, fitting, connecting, end cap installation, pull rope and other work necessary to install the PVC pipe and no additional compensation will be allowed therefore. Irrigation Landscape Sleeve The PVC Conduit for landscaping sleeve shall conform to the provisions in Sections 207 and 306 of the Standard Specifications and the following provisions. The Contractor shall furnish and install the Schedule 40 PVC conduit, with pull rope per the plans. Conduits shall be installed not less than 1.5 feet below and not less than 24 inches below finished grade in all areas, measured to the top of the conduit. The contract unit price per Linear Foot for each size of the 4” Schedule 40 PVC Landscaping Sleeve shall include full compensation for all trench excavation, back fill and compaction, cutting, fitting, connecting, end cap installation, pipe end marker, pull rope and other work necessary to install the PVC pipe and no additional compensation will be allowed therefore. Technical Specifications 4000-33 City Communications System & CV Link System The PVC Conduit (City) and PVC Conduit (CV Link) shall conform to the provisions in Sections 207 and 306 of the Standard Specifications and the following provisions. The Contractor shall furnish and install the Schedule 40 and 80 PVC conduit, with pull rope, and pull boxes per the plans. Conduits shall be installed not less than 1.5 feet below the top of curb grade in sidewalk areas and not less than 24 inches below finished grade in all other areas measured to the top of the conduit. The trenching and backfill for both the City and CV Link conduits systems shall be incidental to the conduit and no additional compensation will be allowed therefore. Conduits located within the same trench shall have a minimum separation of 2 inches. Conduit bends into pull boxes shall be a minimum of 45 degrees. Conduit shall enter communication pull boxes through knockouts. Conduits entering the ends of these boxes shall be vertically and horizontally aligned with the conduits at the opposite end of the box. Conduit ends shall not extend beyond the interior wall face of splice vault and pull boxes. The space around conduits through end walls of communication pull boxes shall be filled with Portland cement mortar. In no case shall a conduit body or pull box be used in lieu of a specified bend to change the direction of the communication conduit run, except where specified. Bending of PVC conduit shall be by methods recommended by the conduit manufacturer, and with equipment approved for the purpose. No bends shall be placed in a section of conduit in excess of those indicated in the plans without the approval of the Engineer. The total sum of bend radius for the communication conduit between consecutive communication pull boxes or splice vault shall not exceed 360 degrees. After pull rope has been installed, the ends of conduits terminating in pull boxes cabinets shall be sealed with an approved type of sealing compound. Where conduits are shown on the plans to be installed parallel and adjacent to each other, they shall be installed together in a common trench as shown on the conduit installation details. Should the Contractor choose to install the conduits in separate trenches, only the "shared trench" quantities of trenching will be paid. Technical Specifications 4000-34 Power conduits placed in the same trench as communication conduits shall not terminate in communication pull boxes or splice vault. Where conduits are installed in open trenches, excavation and backfill shall conform to the provisions in Section 306-1, and these specifications. The bottom of the trench shall be graded and prepared to provide a firm and uniform bearing throughout the entire length of the conduit. During backfilling operations, the conduit shall be rigidly supported so that no movement of, or damage to, the conduit or joints will result. Couplings for conduits shall be installed in conformance with the manufacturer's written instructions; a copy of which shall be furnished to the Inspector prior to installation. Couplings and fittings shall be as recommended by the pipe manufacturer. Nylon pull rope shall be placed in conduit for the full length of the conduit. The contract unit bid price paid per Linear Foot for PVC Pipe per the pipe schedule type noted on the plans and in the Bid Schedule, shall include full compensation for all trench excavation, back fill and compaction, cutting, fitting, connecting, end cap installation, pipe end marker, pull rope and other work necessary to install the PVC pipe and no additional compensation will be allowed therefore. 29.0 PULL BOX (Bid Items #45 & 131) Concrete Pull Box shall conform to the provisions in Section 307-11 of the Standard Specifications and these Special Provisions. City Communications System Concrete pull box, No. 3.5 shall be installed at a spacing of no more than 200 feet. Pull boxes shall also be installed at the termini of the installed conduit run. Concrete Pull Box No. 3.5, shall be measured and paid for at the contract unit price per Each and shall include full compensation for providing this item of work, complete in place, including required hand work, and no additional compensation will be allowed. 30.0 SIGNING, STRIPING AND PAVEMENT MARKERS (Bid Items #46, 108 & 127) Section 310-5.6.6 of the Standard Specifications for Public Works Construction is hereby replaced with the following: Technical Specifications 4000-35 Removal of existing Traffic Stripes, Pavement Markings, Pavement Markers and Roadside Signs shall conform to the provisions in Section 15, "Existing Highway Facilities" of the State of California, Department of Transportation's Standard Specifications dated May 2006, and the State of California, Department of Transportation's Standard Plans dated May 2006 (hereinafter referred to as the State Standard Specifications and the State Standard Plans, respectively), where applicable and these Special Provisions. 30.1.1 Remove Traffic Stripes and Pavement Markings. Traffic stripes and pavement markings shall be removed as shown on the plans. The removal of traffic stripes and markings shall be accomplished by either of the following methods. A. Wet Sandblasting: Where blast cleaning is used for the removal of painted traffic stripes and pavement markings or for removal of objectionable material, and such removal operation is being performed within ten (10) feet of a lane occupied by public traffic, the residue including dust shall be removed immediately after contact between the sand and the surface being treated. Such removal shall be by a vacuum attachment operating concurrently with the blast cleaning operation. B. Grinding: A minimum of 3 passes with the grinder, per stripe, is required. Removal shall be to a maximum depth of 1/10". Removal depth may exceed 1/10" only when necessary to effectively remove paint, and only on approval by the engineer. Asphalt emulsion slurry shall be applied to the areas where stripes or pavement markings have been removed. Temporary removal of stripes and pavement markings may be accomplished by either of the above methods or, at the Contractor's option, by the application of removable black line mask, 3M Series 145, or approved equal. Obliteration of stripes or pavement markings by applying black paint or asphalt emulsion is not an approved removal method. It shall be the responsibility of the contractor to properly dispose of the residue from removal of striping and pavement markings. Payment for removal of traffic stripes and pavement marking shall be included in the Lump Sum bid for Signing, Striping and Pavement Markers and shall include full compensation for furnishing all labor materials, tools, equipment and incidentals as shown on the plans and required in the Specifications. 30.1.2 Remove and/or Relocate Roadside Signs. Existing roadside signs, shall be removed and/or relocated/replaced as shown on the plans. Technical Specifications 4000-36 Existing roadside signs at locations shown on the plans to be removed shall not be removed until replacement signs have been installed or until the existing signs are no longer required for direction of public traffic, unless otherwise directed by the ENGINEER. Payment for removing and relocating roadside signs shall be considered as included in the Lump Sum bid for Signing, Striping and Pavement Markers and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, including new sign posts and signs as shown on the plans and as required in the Specifications. 30.2 Traffic Striping, Pavement Markings, Signing, Delineators & Pavement Markers Section 210 and Section 310 of the Standard Specifications for Public Works Construction are hereby replaced with following: Removal of existing Traffic Striping, Pavement Markings, Signing, Delineators and Pavement Markers shall conform to the provisions in Section 82, "Markers and Delineators", Section 56-2, "Roadside Signs", Section 84, "Traffic Stripes and Pavement Markings", and Section 85, "Pavement Markers", of the State of California, Department of Transportation's Standard Specifications dated May 2006 and the State of California, Department of Transportation's Standard Plans dated May 2006 (hereinafter referred to as the State Standard Specifications and the State Standard Plans, respectively), where applicable and these Special Provisions. 30.2.1 Markers and Delineators Markers and delineators shall conform to the provision in Section 82, "Markers and Delineators," of the State Standard Specifications and these special provisions. Flexible posts shall conform to the details shown on the plans. Flexible posts shall be made from a flexible white plastic which shall be resistant to impact, ultraviolet light, ozone and hydrocarbons. Flexible posts shall resist stiffening with age and shall be free of burns, discoloration, contamination, and other objectionable marks or defects that affect appearance or serviceability. Payment for markers and delineators shall be considered as included in the Lump Sum bid for Signing, Striping and Pavement Markers, and shall include full compensation for furnishing all labor, materials, tools and equipment for installing markers and delineators as shown on the plans, and as required in the Specifications. Technical Specifications 4000-37 30.2.2 Roadside Signs Roadside signs shall be installed at the locations shown on the plans or as directed by the ENGINEER, and shall conform to the provision in Section 56-2 "Roadside Signs," of the State Standard Specifications and these Special Provisions. Payment for traffic roadside signs and posts shall be considered as included in the Lump Sum bid for Signing, Striping and Pavement Markers, and shall include full compensation for furnishing all labor, materials, tools and equipment for installing sign panels, and sign posts as shown on the plans, and as required in the Specifications. 30.2.3 Paint Traffic Stripes and Pavement Markings Painting traffic stripes (traffic lanes) and pavement markings shall conform to the provisions in Section 84-1, "General," and 84-3, "Painted Traffic Stripes and Pavement Markings," of the State Standard Specifications and these special provisions. The CONTRACTOR shall furnish the necessary control points for all striping and markings and shall be responsible for the completeness and accuracy thereof to the satisfaction of the ENGINEER. The CONTRACTOR shall perform all layout, alignment, and spotting for traffic stripes and markings. Traffic striping shall not vary by more than ½ inch in 50 feet from the alignment shown on the plans. The dimensional details of the stripes and markings shall conform to the provisions set forth in the California Manual on Uniform Traffic Control Devices (CAMUTCD) and Maintenance Manual available from Caltrans. Spotting with cat tracks or dribble lines shall be performed prior to the removal of existing stripes. Cat tracks shall consist of spots of paint not more than 3 inches in width and not more than 5 feet apart along the alignment of the stripe. Paint for the cat tracks shall be the same as that for the intended stripe. Paint for the dribble lines shall be neutral color obtained by mixing approximately two parts white paint with one part black paint. Spotting - Spotting shall be completed prior to the removal of any existing stripes or markings. Existing stripes and markings shall be removed prior to painting new ones, but in no case shall any section of street be left without the proper striping for more than 24 hours, or over weekends or holidays. No striping or painting work shall start until the ENGINEER has specifically approved the spotted markings. Existing striping and markings, if any, shall be removed prior to painting new, but in no case shall any section of street be left without the proper striping for more than 24 hours, or over the weekends or holidays. Technical Specifications 4000-38 Materials - Materials shall conform to the provisions in Section 84 - "Materials," of the State Standard Specifications and these Special Provisions. All traffic striping and pavement markings shall be two coats of paint with glass beads unless otherwise approved by the CITY Engineer. A minimum of 7 days and a maximum of 14 days shall elapse between application of the first and second coats of paint. The paint for traffic striping and markings shall be as follows: 1. High Performance Water Borne, Rapid Dry, White - PERVO Paint Co. #6000, or approved equal. 2. High Performance Water Borne, Rapid Dry, Black - PERVO Paint Co. #6002, or approved equal. 3. High Performance Water Borne, Rapid Dry, Yellow - PERVO Paint Co #6001, or approved equal. All lines, legends, crosswalks, limit lines, and shapes shall be paint. Crosswalk lines, stop limit lines, and chevrons are considered as pavement markings. The paint for concrete curbs shall be the following, or an approved equal: 1. PERVO Paint Co. #6004 Red 2. PERVO Paint Co. #6005 Green 3. PERVO Paint Co. #6006 Blue All paint shall meet SCAQMD Rule 1113. Glass beads shall conform to State Specification 8010-21C-22 (Type II). All pavement markings shall be metric and shall match city stencils. Payment for Traffic Stripes and Pavement Markings shall be considered as included in the Lump Sum bid for Signing, Striping and Pavement Markers, and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved in traffic stripes, and pavement markings, including establishing alignment for stripe and layout work as shown on the plans and as required in the Specifications. 30.2.4 Pavement Markers Pavement markers shall conform to the provision in Section 85, "Pavement Markers," of the State Standard Specifications and these special provisions. Payment for pavement markers shall be included in the Lump Sum bid for Signing, Striping and Pavement Markers, and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, including establishing alignment for layout work as shown on the plans and as required in the Specifications. Technical Specifications 4000-39 31.0 ADJUST TO GRADE STORM DRAIN MANHOLE (Bid Item #48) Adjusting the storm drain manhole frame and cover to grade shall conform to the provisions in Section 301-1.6 “Adjustment of Manhole Frame and Cover sets to Grade” of the Standard Specifications and these Special Provisions. The Contractor shall adjust to final grade the air release valve and valve well frame in accordance with plans. Payment for Adjust Storm Drain Manhole to Grade shall be measured and paid for at the contract unit price per Each and shall include full compensation for all labor, materials, tools, and equipment and for doing all work involved in excavation, raising of the existing manhole, frame and cover, backfill, compaction and concrete collar per the plan and no additional compensation will be allowed therefore. 32.0 DECOMPOSED GRANITE (Bid Items #49 & 132) Decomposed Granite shall conform with Section 800 “Landscape and Irrigation Materials”, and Section 801 “Landscape and Irrigation Installation”, of the Standard Specifications and these Special Provisions. 801-1.4 Crushed Rock [add the following]: Decomposed granite will be an imported material 3/8” in diameter Brimstone. Prior to placing decomposed granite, fine grade area, removing rocks greater than 1” diameter, moisture condition, and compact sub-grade material. Spread decomposed granite over the planting area to a 3” depth. Apply moisture after spreading and raking to compact and remove dust. Decomposed granite shall be paid for on a square foot (SF) basis and shall include furnishing all labor, equipment, tools and materials necessary for placement of decomposed granite per direction of City, quantity shown in bid schedule. The price of this item shall also include any incidentals for doing the work involved in placing the rock as defined in the SSPWC and the Special Provisions. No further compensation will be allowed therefore. 33.0 WATER SERVICE RECONSTRUCTION (Bid Item #110) The reconstruction of the private side of the water service shall conform to the provisions in Section 306 of the Standard Specifications, the California Plumbing Code and these Special Provisions. This item of work shall include necessary labor, equipment and material to reconnect the domestic water service manifold into the three CVWD relocated water meters. All plumbing work shall be performed by a licensed C-36 Plumbing or other authorized licensed contractor. Technical Specifications 4000-40 Contractor shall coordinate with CVWD on the placement of the new water service locations prior to or concurrent with the construction of the manifold, excluding the final cut over. All effort shall be made by the Contractor to minimize the water service disruption to the mobile home park, as the relocated services are they only source of water for the full site. Water Service Reconstruction will be measured for payment by the Lump Sum complete, inplace, and shall include all necessary labor, equipment and material to furnish, install and reconnect a manifold for connection with the three water meter services per the plans and no additional compensation will be allowed therefore. 34.0 REMOVE COMMUNICATIONS MANHOLE/VAULT (Bid Item # 50) Removal of the communication manhole/vault shall conform to the provisions in Section 300 of the Standard Specifications and these special provisions. Removals shall consist of but are not limited to, in addition to the work outlined in Subsection 300-1 of the Standard Specifications. This item of work shall include the full removal of the communications manhole/vault as noted on the plans. 300-1.4 Payment. [Add the following]: Payment for Remove Communications Manhole/Vault measured for payment by the Each bid price as shown on the Bid Schedule. The compensation paid shall include full compensation for furnishing all labor, materials, tools, and equipment for doing all work involved, including removing, hauling, proper disposal, and no additional compensation will be allowed therefore. 35.0 BRIDGE LIGHTING (Bid Item #’s 42 & 75) The components of the Bridge Lighting System shall conform to the provisions in Section 307 of the Standard Specifications and these Special Provisions. The Secondary Pull Box for the IID facility, shall conform to the Imperial Irrigation District Specifications and Standard Drawing and these Special Provisions. This item of work shall include but is not limited to all necessary labor, equipment and material to furnish and install the bridge lighting and electrical system per the plans. The installation of the bridge lighting system will include but not limited to furnishing and installation of the bollard light standards, pull boxes, meter pedestal, conduit, and conductors in place and complete as accepted in accordance with the plans and specifications. The Bridge Lighting limits shall start at the Meter Pedestal, with the conduit between the transformer to the meter pedestal covered under other bid items. Technical Specifications 4000-41 Bridge Lighting will be measured for payment by the Lump Sum complete, inplace, and shall include all necessary labor, equipment and material to furnish and install the bridge lighting and electrical system per the plans and no additional compensation will be allowed therefore. The Meter Pedestal for the bridge lighting will be measured for payment by the Each, complete, inplace and shall include all necessary labor, equipment and material to furnish and install the meter pedestal per the plans and no additional compensation will be allowed therefore. 36.0 CRACK SEAL & SLURRY SEAL (Bid Item #146 – Additive Alternate “A”) Slurry seal shall be performed in accordance with Subsections 203-5 and 302-4, “Emulsion-Aggregate Slurry,” of the Standard Specifications, and the following Provisions. The type of slurry aggregate used shall be the type designated in the Bid. Modify the following - Subsection 203-5.2, “Materials” of the Standard Specifications; Admixtures, such as Portland Cement or aluminum sulfate may be mixed into the slurry material to adjust the curing time such that the applied slurry can support vehicular traffic within 60 minutes. Use of slag shall not be permitted. Deliveries of aggregate and emulsion shall not be made without the engineer present. Emulsion is not to be transferred to an on-site storage tanker without the sieve test performed by the City. Asphalt emulsion shall be a QUICKSET ANIONIC OR CATIONIC EMULSIFIED ASPHALT conforming to the requirements of Subsection 203- 1.3, “Test Reports and Certification,” and Subsection 203-3.2, “Testing Requirements” of the Standard Specifications. The latex additive shall be Ultra Pave 70 (for anionic) or Ultra Pave 65 K (for cationic) or an approved equal. The latex shall be added at the emulsion plant after weighing the asphalt and before the addition of mixing water. The latex shall be added at a rate of two to two-and- one-half (2 to 2½) parts to one-hundred (100) parts of emulsion by volume. The grading of the combined aggregate and the percentage of emulsified asphalt shall conform to the requirements of TYPE II as specified in Subsection 203-5.3, of the Standard Specifications. Modify the first paragraph of Subsection 203-5.4, “Mix Design,” of the Standard Specifications to include the following: The Contractor shall submit a Mix Design for approval within fourteen Technical Specifications 4000-42 (14) working days after “Notice to Submit Mix Design” is issued. The Contractor will receive a “Notice to Proceed with Construction” only after the Mix Design is approved. The Contractor shall provide materials for verification of the Mix Design. Periodically throughout the project, at the direction of the City Engineer, the City’s Consultant will perform further testing as necessary to provide assurance of the Mix Design. The cost of the initial Mix Design testing and periodical testing will be borne by the City. If the Contractor changes sources of material, i.e. aggregate and/or oil, a new Mix Design shall be resubmitted. The cost of all Mix Design retest and testing as a result of changes to the Mix Design shall be borne by the Contractor, and the amount due to the City for said retesting will be deducted from the Contractor’s Progress Payments. Modify the second paragraph of Subsection 203-5.4, “Mix Design,” of Standard Specifications to read as follows: The Contractor shall allow ten (10) days prior to start of work for calibration and testing at a location designated by the Engineer. The City’s testing laboratory will obtain field samples at the time of calibration for Extraction Test (ASTM D 2172), Consistency Test, Wet Track Abrasion Test (ASTM D 3910), a verification of the 60-minute set time previously specified. When the City’s testing laboratory has determined that the field samples meet the requirements stipulated in these Specifications, the Engineer will notify the Contractor to start work. In the event that the product does not meet Specification, another testing and calibration date shall be set ten (10) day prior to the start of work for a complete retest of the product at the expense of the Contractor. Modify the following Subsection 302-4.2.2, “Continuous-Flow Mixers,” of the Standard Specifications to read as follows: All slurry mixing machines shall be equipped with a Fines Feeder for the adding of cement or granular Aluminum Sulfate. Per Subsection 302-4.3.1, “General,” Table 302-4.3.1 (A) of the Standard Specifications, the minimum and maximum areas covered per Extra Long Ton (ELT) are the following: Slurry Seal Min. Max. Type II 1150 ft2 / ELT 1350 ft2 / ELT Add the following to Subsection 302-4.3.1, “General” of the Standard Specifications: Technical Specifications 4000-43 The Contractor shall have two slurry trucks or machines and at least one additional mixer as a backup. Prior to the beginning of slurry operations, the Contractor shall furnish, at no cost to the City, current licensed weigh master’s certificates indicating the net weight capacity of the aggregate bin. The Contractor shall provide a drive upon scale at the project site or an alternate site approved by the City. The drive on scale shall show the net weight of the aggregate bin on each slurry machine before the machine and product will be approved for applying slurry on the project. All slurry machines are to carry, at all times, a calibrated emulsion measuring stick. The emulsion measuring stick is to be calibrated in 10- gallon increments to the slurry machine it is used on. Emulsion measuring sticks from other slurry machines will not be allowed to measure the gallons of emulsions on the slurry machines they were not calibrated to. The emulsion measuring stick is to have the slurry machine number or identification permanently marked on the stick. The gallons of emulsion are to be measured with a calibrated emulsion measuring stick and recorded before leaving and after returning to materials site. Use of a slurry machine will not be allowed if it does not have a calibrated emulsion measuring stick. The Contractor shall furnish prior commencing work, a calibrated stick in 10-gallon increments to measure the oil in the trailer storage tanks in gallons. The measuring stick shall be calibrated to the trailer storage tank it is used on. The inspector shall check the oil in each load “in and out” and in the storage tanks at the beginning and end of each day to determine the amount of emulsion used for that day. Emulsion is not to be transferred from delivery tank to on-site storage tank before the City performs the sieve analysis on the emulsion. Aggregate used in the slurry shall not exceed a moisture content of four percent (4%) by weight of dry aggregate. Contractor may not schedule more than 150 tons of slurry to be placed per day. Slurry may not be applied at more than 150 feet per minute. The Contractor shall provide a self-propelled 10-ton pneumatic roller with a tire pressure of 50 PSI and equipped with a water spray system. The Contractor shall roll the required streets the same day they are slurried. The Contractor will be responsible for proper scheduling of the work such that the rolling can be properly done within the given time constraint. Failure to comply shall result in a $250.00/calendar day liquidated damage being assessed per incident. The cost of furnishing the roller and operator shall be included in the price paid for slurry seal. Technical Specifications 4000-44 Prior to storing aggregate on private property, the Contractor shall submit to the Engineer written permission from the property owner for such stockpiling. Precautions shall be taken to ensure that stockpiles do not become contaminated with oversized rock, clay, silt, or excessive amounts of moisture. The stockpiles shall be kept in areas that drain readily. Segregation of the aggregate will not be permitted. The stockpile areas shall be thoroughly cleaned of all excess material and left in a neat, orderly appearance upon completion of slurry operations in any area. The Contactor shall protect the wet slurry from traffic at all times and if damaged or defaced, the Contractor shall repair said damage at no additional cost to the City. The placement of slurry seal may be suspended with the concurrence of the Engineer due to unsuitable weather, temperature conditions, or other conditions that are considered unfavorable for the prosecution of the work. The Contractor shall immediately comply with the order of suspension by the Engineer, and work shall not be resumed until authorized by the Engineer. If work cannot resume on the same day to completion as scheduled, then this work shall be rescheduled in one to two weeks and the residents notified that the work will not be done as scheduled and re-notified of new work day promptly. All “NO PARKING” signs must be promptly removed. No more than two (2) rescheduled streets shall be scheduled for the same day and they shall be the first order of work for that day. The days during which the suspension of work is in effect due to unsuitable weather shall not be considered working days and the date of completion shall be extended to allow for work and notification. In the event of a suspension of work, the Contractor shall remove all barricades, equipment and “No Parking” signs (if appropriate) upon the curing of the completed portion of slurry. No adjustment of unit prices of any items shall be allowed due to a suspension of work as described above. Replace the first and second paragraphs of Subsection 302-4.3.2, “Spreading,” of the Standard Specifications with the following: Technical Specifications 4000-45 Prior to applying slurry seal, the Contractor shall clean, to the satisfaction of the Engineer, the street surface with a power sweeper, remove all R.P.M.’s, abrasive grind completely all lane lines, street legends, crosswalks or other painted or thermoplastic surfaces. This is necessary to provide a good bonding surface for the slurry seal, as well as eliminate “ghosting” of the old striping and markings as the new slurry wears off over time. Prior to applying slurry seal, all pavement cracks greater than or equal to 3/8“ width shall be cleaned with a heat lance and sealed with Crafco Polyflex Type lll crack sealant, or approved equal per Subsection 201-3.7 “Type ‘D’ Joint Sealant (Hot-Poured Rubber- Asphalt Joint Sealant)“. The Contractor should take note that not all the streets within the limits need crack treatment. It is the responsibility of the Contractor to perform a field review to determine which streets require the crack treatment. Cracks shall be cleaned for the entire crack depth using sandblasting, brushing and hot air blowing techniques, as required to provide a crack free from all debris, dust, loose material and moisture. Gauging or plowing may be required to remove incompressible material deep in the crack. The clean crack shall be filled with sealant, from the bottom up to surface level, in a manner which does not result in sealant bridging or entrapped air pockets. With deep cracks, settlement of sealant may occur, thus requiring application of a second layer of sealant material. Cracks 1 inch in width and wider shall be filled with compacted pea-gravel and SS grade asphaltic emulsion or hot mix asphalt concrete as directed by the Engineer so that the sealant does not exceed 1 inch in depth. Where cracks already have sealant, Contractor shall inspect the quality and repair as necessary as directed by the Engineer. Repair shall include removing the material and re-applying. No slurry seal material may be placed until after the crack seal material has been in place for a minimum of two (2) full calendar days. Crack sealant shall be applied with a wand such that excess material is not remaining at the crack surface after sealing. Immediately remove crack treatment material that is spilled or deposited on the pavement surface. Before opening to traffic, apply sand or the manufacturer's recommended detackifying agent to tacky crack treatment material on the traveled way. Sweep up excess sand before opening to traffic. Payment for crack sealing shall be included unit price bid per square foot for Emulsion Aggregate Slurry Seal. It is anticipated that nuisance water, such as storm water runoff and irrigation water, will run in and across the right-of-way at various time throughout the period of construction. It shall be the responsibility of the Contractor to provide for and protect the work from such water. In addition, the Contactor’s responsibility shall include handling nuisance waters such that their operations do not cause them to damage existing improvements or properties adjacent to or near the site of work. Technical Specifications 4000-46 No additional compensation will be allowed for control of nuisance water. The application of slurry shall not commence until after 8:00 a.m., and shall conclude at 1:30 p.m. unless other authorized by the Engineer. The slurry shall be sufficiently cured to be open to traffic by 4:00 p.m. The portions of streets to be slurried shall be closed from the time the application begins until the mixture as achieved sufficient set to be opened to traffic. The slurry shall be applied in such a manner that no ripples or waves exist. If ripples or waves occur in the slurry during the application, the work shall cease and the Contractor shall correct the situation. The Contractor may use a drag to knock down ridges. If ripples or waves are not corrected to the Engineer’s satisfaction, the street shall be re-slurried at the Contractor’s expense. The Contractor shall, at the direction of the Engineer, repair the reseal to the entire street, or complete section thereof, as determined by the Engineer, which has not been sealed properly and completely, including areas that have failed to meet yield and mix design specifications. No compensation will be provided for slurry seal used in repair and reseal work. Add the following to the third paragraph of the Subsection 302-4.3.2, “Spreading” of the Standard Specifications: Each slurry crew shall be composed, at a minimum, of a coordinator at the project site at all times, a competent quick-set mixing man, a competent driver, two squeegee men, and sufficient laborers for any handiwork and cleanup. Surface oil and grease shall be removed or sealed with shellac or an equivalent material approved by the City before the application of the slurry seal. Full compensation for surface oil and grease removal shall be considered as included in the unit cost for slurry seal. During slurry seal operations, it shall be the Contractor’s responsibility to place protective covering over, or to otherwise avoid slurry seal coating of manholes, utility covers, pavement markers (reflective and non- reflective), concrete gutters, concrete cross gutters, and drainage facilities, survey monuments and remove said covering and/or slurry seal coating after slurry sealing has been completed. The Contractor shall remove all striping and legends prior to application of the slurry seal and then replace per the striping provisions section. Removals shall be to satisfaction of City. Contractor to tie out legends, stop bars, and lane lines/striping on adjacent curb prior to removals and to satisfaction of City. Technical Specifications 4000-47 Contractor shall sweep up immediately following striping removals and prior to relocating to next location. The Contractor shall roll all streets. Full compensation for rolling the slurry shall be considered as include in the unit cost for slurry seal. Rolling shall be to satisfaction of City. The start and finish of slurry application shall be a straight line which, unless otherwise approved by the Engineer, shall be obtained by laying a strip of building paper or other material approved by the Engineer on the pavement surface. After application of slurry, the paper is to be removed leaving a straight edge. The entire street surface area shall be sealed the same day. The Contractor is hereby advised that City streets, parking lots, or other City-approved property will not be allowed as a site for stockpiling and batching. Arrangements for an acceptable site shall be the sole responsibility of the Contractor. The Contractor shall sweep any raveled material on the street one (1) week after the initial placement. If the Engineer determines the raveling is excessive, the frequency of sweeping shall be adjusted to the field conditions of the raveling. If raveling continues within two (2) weeks of the initial placement, the street shall be swept and re-slurried Type II at no cost to the City. Raveling can be identified by the presence of “black pebbles” in the gutter. The Contractor shall remove any and all weeds that are growing through cracks from the project street located within the pavement or growing between the concrete gutter and the pavement and spray a herbicide mixture of either Hyvar mixed with Roundup or Pramatol mixed with Roundup, or approved equal, at least fourteen (14) calendar days prior to slurrying. The herbicide mixture shall contain Blazon, or approved equal, a purple dye to easily confirm the herbicide has been applied. The work shall be approved by the Engineer or his representative prior to slurrying. Full compensation for plant removal and herbicide treatment shall be considered as included in the unit cost for slurry seal. Full compensation for developing a water supply, for furnishing and placing all water required for work done in the Contract, including extra work shall be included in the prices paid for the various items of work requiring water; and no separate payment will be made therefore. The Contractor shall supply the City with licensed weighmaster’s certificates of weight for all delivered aggregates to the job during the course of each day. Aggregate shall be delivered to the project only in the presence of a City representative. Technical Specifications 4000-48 The Contractor shall also present weighmaster certificates for the amount of such aggregate remaining at the completion of the project at no cost to the City. Payment shall be determined by the amount that is physically placed, which cannot exceed the amount that is delivered to the job site with the certified weighmaster tickets. There shall be no outside work done utilizing materials from the tanks or stockpiles stored for the City’s Contract. Measurement and Payment Crack Seal & Type II Slurry Seal will be measured for payment by the Square Foot of area slurry sealed. Payment for slurry seal includes full compensation for constructing the slurry seal, complete in place, including testing for and furnishing the mix design, cleaning the surface, removing existing striping, crack sealing, protecting utilities, furnishing added water and set-control additives, mixing water with asphaltic emulsion for coating the pavement, clean-up, and protecting the seal until it has set. 37.0 IN PAVEMENT SOLAR GUIDE LIGHT (Bid Item #125) The installation of the in pavement solar guide light shall conform to the provisions in Section 87 of the State Standard Specifications and these Special Provisions. The solar guide light shall be installed according to manufacturer’s IPM Series: Urban Solar Inset Pathway Marker Installation and Operations Manual dated 01/14/2020 and outcomes of pre-installation meeting. In Pavement Solar Guide Light will be measured for payment by the Each, complete, inplace, and shall include all necessary labor and equipment to install the light unit in the concrete trail pavement per the plans and no additional compensation will be allowed therefore. 38.0 THERMOPLASTIC BANDING (CV LINK) (Bid Item #126) The installation of the thermoplastic banding along the CV Link undercrossing shall conform to the provisions in Section 84 of the State Standard Specifications and these Special Provisions. The material must be able to be applied to asphalt and concrete surfaces without using a grid template and without forming a pattern in the pavement substrate. Heating indicators must be evenly distributed on the surface of the material in order to ensure correct application. The material must cover the entire application area and be flush across the surface. Once applied, no part of the pavement surface should be visible in the application area. Thermoplastic material must be composed of an ester modified rosin impervious to degradation by motor fuels, lubricants, etc. in conjunction with aggregates, pigments, binders, and anti-skid/anti-slip elements. Pigments and anti-skid/anti-slip elements must be uniformly distributed throughout the Technical Specifications 4000-49 material. The thermoplastic material conforms to AASHTO designation M249, with the exception of the relevant differences due to the material being supplied in preformed state, being non-reflective, and potentially being of a color different from white or yellow. Pigments: White - the material must be manufactured with sufficient titanium dioxide pigment to meet FHWA Docket No. FHWA-99-6190 Table 5 and Table 6 as revised and corrected. Red, Blue, and Yellow - the material must be manufactured with sufficient pigment to meet FHWA Docket No. FHWA-99-6190 Table 5 and Table 6 as revised and corrected. The pigment system must not contain heavy metals nor any carcinogen, as defined in 29 CFR 191031200 in amounts exceeding permissible limits as specified in relevant Federal Regulations. Other Colors - the pigment system must not contain heavy metals nor any carcinogen, as defined in 29 CFR 1910.1200 in amounts exceeding permissible limits as specified in relevant Federal Regulations. Heating Indicators: The top surface of the material must have regularly spaced indents. These indents shall act as a visual cue during application that the material has reached a molten state allowing for satisfactory adhesion and proper embedment of anti-skid/anti-slip elements, and a post-application visual cue that the application procedures have been followed. Skid Resistance: The surface of the preformed thermoplastic material shall contain factory applied anti-skid material with a minimum hardness of 8 (Mohs scale). Upon application the material shall provide a minimum skid resistance value of 60 BPN when tested according to ASTM E 303. Slip Resistance: The surface of the preformed thermoplastic material shall contain factory applied anti-skid material with a minimum hardness of 8 (Mohs scale). Upon application the material shall provide a minimum static friction of coefficient of 0.6 when tested according to ASTM C 1028 (wet and dry), and a minimum static coefficient of friction of 0.6 when tested according to ASTM D 2047. Thickness: The material must be supplied at a minimum thickness of 0.125 inch thick. Environmental Resistance: The material must be resistant to deterioration due to exposure to sunlight, water, salt or adverse weather conditions and impervious to oil and gasoline. Interconnected: Technical Specifications 4000-50 The material must consist of interconnected individual pieces of performed thermoplastic pavement marking material, which through a variety of colors and patterns, make up the desired design. The individual pieces in each material segment, typically 24 in. by 24 in., must be factory assembled and interconnected with a compatible material so that in the field it is not necessary to assemble the individual pieces with a material segment. Multiple patterned border segment options shall be available in the material in either 8 in. by 24 in. or 12 in. by 24 in. sizes. Add to the last paragraph of section 84-2.03A: Any newly applied traffic striping/pavement marking that are damaged as a result of the construction, including wheel markings by public traffic and the construction equipment, must be reapplied by the Contractor at no additional cost. Add to section 84-2.03B: The pavement shall be clean, dry, and free of debris. Replace the fourth paragraph of section 84-2.03C(2)a with: Apply thermoplastic traffic stripes with airless equipment and performed with a roadliner truck mounted striping machine. Where the configuration or location of a traffic stripe is such that the use of a roadliner truck mounted striping is unsuitable, traffic stripes and glass beads may be applied by other methods and equipment approved by the Engineer. Replace all of section 84-2.03C(2)b with: Not Used Add to the end of section 84-2.03C(2) with: 84-2.03C(2)(f) INTERCONNECTED PREFORMED THERMOPLASTIC PAVEMENT MARKINGS The material must be must be applied primarily by using an infrared heater supplied by the material manufacturer and only by an applicator certified by the material manufacturer. A handheld propane heat torch supplied by the material manufacturer may be used un isolated area. The material must be able to be applied at ambient and road temperatures down to 45 degrees F without any preheating of the pavement to a specific temperature. A sealer specified and supplied by the material manufacturer must be applied to the substrate prior to material application to ensure proper adhesion, and to provide bond reinforcement for larger volumes of material. The sealer must be supplied by the material manufacturer in 300/600 ml cartridge along with sealer application supplies. A thermometer shall not be required during the application process. The supplier must provide current application instruction to the certified applicator. Technical Specifications 4000-51 Thermoplastic Banding will be measured for payment by the Square Foot, complete, inplace, and shall include all necessary labor, equipment and material to furnish and install the pavement marking per the plans and no additional compensation will be allowed therefore. 39.0 PAINT BRIDGE SOFFIT & EXTERIOR GIRDER (Bid Item #128) The painting of the bridge soffit and exterior girder per the plans shall conform to the provisions in Section 78-4.03 of the State Standard Specifications and these Special Provisions. This item of work shall include necessary labor, equipment and material apply the paint coating to the bridge concrete on the bottom soffit (bridge underside) and edge of the girders along with the Street name on the girder within the area of the CV Link on the south side of the bridge per the plans. Paint Bridge Soffit and Exterior Girder will be measured for payment by the Lump Sum complete, inplace, and shall include all necessary labor, equipment and material to paint the bridge soffit and exterior girder area per the plans and no additional compensation will be allowed therefore. 40.0 BRIDGE SOFFIT PANELS (Bid Item #129) The furnishing and installation of the bridge soffit panels, lights and electrical connection shall conform to the provisions in Sections 75 and 87 of the State Standard Specifications and these Special Provisions. This item of work shall include necessary labor, equipment and materials to fabricate and install the bridge soffit panels with lights and electrical connection per the plans. The soffit panels and associated conduit will be mounted on the underside of the bridge and that special coordination will be required to mark the reinforcing steel, prestressing ducts and interior girders so that the fasteners for the soffit panels do not damage these interior features. Ground Penetrating Radar or other approved technology is required to determine the locations of the reinforcing steel prior to fabrication of the panels so the mounting system can be tailored to accommodate the interior components. The Contractor shall develop a plan for determining the layout of the steel for approval by the Engineer at least 30 days prior to the stem and soffit pour of the bridge. Note that there are zones for “no drilling” mentioned on the plans prepared by “Best Signs” for this project. Bridge Soffit Panels will be measured for payment by the Lump Sum complete, inplace, and shall include all necessary labor, equipment and material to fabricate, furnish and install the soffit panels with lights and electrical connection per the plans and no additional compensation will be allowed therefore. Technical Specifications 4000-52 41.0 Pipe Gate (Bid Item #43) Metal pipe gate shall conform to the provisions in Section 83-1, "Railings and Barriers," of the State Specifications and these special provisions. Metal pipe gate shall be galvanized and may be field fabricated. All welded joints to be ground smooth and sealed/sprayed with silver “galvanized” spray paint. All welds, grinding, sealing, and installation shall be to the satisfaction of the City. Pipe Gate shall be measured and paid for at the contract unit price per Lineal Foot (LF) of the overall length of the gate, and shall include full compensation for all labor, materials, tools, and equipment and for doing all work involved manufacturing of the galvanized metal pipe gate and no additional compensation will be allowed therefore. *** END OF ROADWAY SECTION *** Technical Specifications 4000-53 LANDSCAPE AND IRRIGATION SECTION 1.0 LANDSCAPE AND IRRIGATION (Bid Items #51 – 56 & 111 – 115) Landscape and irrigation shall conform with Section 800 “Landscape and Irrigation Materials”, and Section 801 “Landscape and Irrigation Installation”, of the Standard Specifications and these Special Provisions. 800-1 LANDSCAPE MATERIALS Material lists and submittals to be approved by City. Nursery visit for approval by City. 800-1.2.3 Commercial Fertilizer [add the following]: For bidding purposes, commercial fertilizer will bear the manufacturer’s guaranteed statement of analysis and will meet the following minimum requirements: 16% nitrogen, 20% phosphoric acid, 20% potash, when used from October to March or, a slow release formulation like 16% nitrogen, 6% phosphoric acid, 8% potash or 15% nitrogen, 4% phosphoric acid, 6% potash when used from April to September. Fertilizers will be applied at the rate recommended by the manufacturer and agronomic soils test recommendations. 800-1.2.4 Organic Soil Amendments – Type 1. 800-1.2.5 Type 7 Mulch (decomposed granite fines) [add the following]: All planting areas to be covered with 3/8” or 3/4” crushed rock or 6” minus cobble as per plan. Color for the 3/8” decomposed granite shall be Brimstone or approved equal. Color for the ¾” crushed rock shall be Desert Gold or approved equal; color for the 3/8" crushed rock shall be Apache Brown or approved equal; color for 6” minus cobble shall be Baja Cresta Rubble or approved equal. Available from Southwest Boulder and Stone, Phone (800) 540-1147 or equal. Contractor to submit one sample for approval prior to installation. 800-1.4 Plants 800-1.4.1 General [add the following]: All plants will be true to name, trees and plant species will be tagged with the name and size of plants in accordance with the standards of practice recommended by the American Association of Nurserymen. The root condition of plants furnished in containers will be checked. The City’s representative will check all plants of each species or variety from each source. All plants rendered unsuitable will be rejected and replaced at no additional cost. In case the sample plants are found to be defective, the entire lot or lots of plants represented by the defective samples may be rejected. All trees and shrubs shall be from nurseries in geographical areas with similar climates and transported covered. The specified standard height and diameter will be set by the American Standard for Nursery Stock. City will visit local nurseries or suppliers. Technical Specifications 4000-54 800-1.5.2 Headers and Stakes [delete subsection and add the following]: PermaLoc landscape edging – 3” and 4” height – color: black- asphalt edge. Install per plans and details. 800-1.12 Certification and Submittals The following written certifications are required to be submitted to the City upon delivery of the respective materials to the job site: a. Total quantity of commercial fertilizers by type b. Total quantity of inorganic (Crushed Aggregate) and/or organic mulch c. Total quantity of Decomposed Granite, Crushed Rock, Boulders by type d. Total quantity of plants by type All submitted products may only be used when approved by the City. Substitution of materials must receive prior, written authorization from the City before delivery to the site. 800-2 Irrigation System Materials 800 -2.1 Pipe and Fittings 800-2.1.1 General [add the following]: Irrigation lateral and pressure lines shall be placed in Schedule 40 PVC pipe sleeve 2 times the pipe size where occurs under streets or paving and as directed by the City. 800-2.1.3 Plastic Pipe for use with Solvent Weld Socket or Threaded Fittings [add the following] All pipe 3” and smaller shall be Schedule 40 PVC Type 1, Grade 1 pipe. All plastic pipes will bear the following markings: the manufacturer’s name, nominal pipe size or schedules. Main Line Fittings will be solvent welded using pipe primer ASTM F656 and pipe solvent ASTM D-2564. All other fittings will be solvent welded with pipe solvent ASTM D-2564, NSF or approved equal. 800 -2.4 Sprinkler Equipment Irrigation heads will be as noted on drawings. 800-3.3 Controller Unit [add the following]: The Irrigation Controller shall be of a conventional type that is capable of fully automatic or manual operation. The controller shall be housed in a wall- mountable, weather-resistant plastic cabinet with a key-locking cabinet door suitable for either indoor or outdoor installation. The controller shall have the ability to be programmed and operated in any one of six languages: English, Spanish, French, German, Italian, & Portuguese. The display shall show programming options and operating instructions in the chosen language without altering the programming or operation information. Technical Specifications 4000-55 The controller shall have a maximum station capacity of 48 stations. The controller shall have a Seasonal Adjustment by program which adjusts the station run time from 0 to 300% in 1% increments. The controller shall also have a Monthly Seasonal Adjustment of 0 to 300% by month. Station timing with Seasonal Adjustment shall be from 1 second to 16 hours. The controller shall have 4 separate and independent programs which can have different start times, start day cycles, and station run times. Each program shall have up to 8 start times per day for a total of 32 possible start times per day. The 4 programs shall be allowed to overlap operation based on user-defined settings which control the number of simultaneous stations per program and total for the controller. The controller shall allow up to 8 valves to operate simultaneously per program and total for the controller including the master valves. The controller shall have a 365-day calendar with Permanent Day Off feature that allows a day(s) of the week to be turned off on any user selected program day cycle. (Custom, Even, Odd, Odd31, & Cyclical). Days set to Permanent Day Off shall override the normal repeating schedule and not water on the specified day(s) of the week. The controller shall also have a Calendar Day Off feature allowing the user to select up to 5 dates up to 365- days in the future when the controller shall not start programs. The controller shall incorporate a Rain Delay feature allowing the user to set the number of days the controller should remain off before automatically returning to the auto mode. The controller shall have Cycle+Soak water management software which is capable of operating each station for a maximum cycle time and a minimum soak time to reduce water run-off. The maximum cycle time shall not extend by Seasonal Adjustment. The controller shall incorporate a FloManager feature providing real-time flow, power, and station management. FloManager shall manage the number of stations operating at any point in time based on water source capacity, station flow rate, number of valves per station; user-defined simultaneous stations per program and for the controller. The controller shall provide station priorities to determine the order in which stations shall operate. The controller shall ignore the station number and instead operate the highest priority stations first and the lower priority stations last. The controller shall offer Water Windows for each program. This function sets the allowed start and stop time where watering is allowed. If the watering cannot be completed by the time the Water Window closes, the stations with remaining run time are paused and watering automatically resumes when the Water Window opens the next time. The controller shall include an integrated Flow Smart Module with flow sensing functionality. The Flow Smart Module shall accept sensor decoder Technical Specifications 4000-56 input from 1 - 5 flow sensors with no flow scaling device required. A FloWatch Learn Flow Utility which learns the normal flow rate of each station shall be included. Each time a station runs FloWatch compares the current real-time flow rate to the learned rate and takes user-defined actions if high flow, low flow, or no flow is detected. FloWatch shall automatically determine the location of the flow problem and isolate the problem by turning off the affected station(s) or master valve(s). FloWatch shall be compatible with both normally closed and open master valves. A Manual Master Valve Water Window shall be provided to coordinate daytime manual watering with the flow sensing. This Water Window shall offer programmable days of the week and manual watering additional flow rate. The irrigation controller shall have network communication capability. All network components shall be noted on plans. SECTION 801 LANDSCAPE AND IRRIGATION INSTALLATION 801-1 General [add the following]: Landscape and irrigation installation shall conform to the provisions of Section 308 of the Standard Specifications and their provisions. Contractor shall have appropriate licenses, bonds, insurance and City Business license. Contractor to coordinate with other trades. The CONTRACTOR shall visit the construction site and shall take all measurements and obtain any other information as may be necessary for a complete and conclusive bid. The work required is indicated on the drawings and includes but is not necessarily limited to: soil preparation; installing irrigation system; planting and staking trees; planting shrubs and ground cover, providing and placing decomposed granite, cobble, weed control and 180-day plant establishment period including guaranteeing plants and/or replacing plants (See Section 308-6). Landscape and irrigation workmanship and materials shall be of the highest standards and quality. All landscape materials and installations will be guaranteed against any and all poor, inadequate or inferior materials and/or workmanship for a period of not less than 180 days, except all tree species (including palm trees), which shall be guaranteed for a period of 180 days. During the guarantee period, any material found to be dead, missing, or in poor condition will be replaced by the Contractor within five (5) days of written notification. The City’s representative will be the sole judge as to the condition of the material. Replacement will be made in accordance with these specifications and the plans. Material and labor involved in replacing plant material will be provided by the Contract at no expense. Technical Specifications 4000-57 All header board and rock/cobble locations to laid out for approval prior to installation of irrigation lines and re-marked prior to placement of rock, cobble or other material. Layout shall be approved by City and/or Landscape Architect prior to installation of irrigation and/or material. 801-1.1 Inspections Inspections ensure compliance with the drawings and specifications. The Contractor will contact the City’s representative at least 48 hours (two working days) in advance of each inspection. An inspection is required at each of the following steps including but not limited to: a) Inspection of rough grade. b) Acceptance of organic mulch and taking of soil samples. c) Inspection of soil amendment work. d) Inspection of plants at nursery and upon delivery to the project site. e) Layout and acceptance of cobble, crushed rock areas. f) Irrigation pressure test prior to backfill of trench. g) Irrigation coverage test. h) Irrigation main lines, valves, laterals, and wires before backfill or during irrigation installation. i) Layout of planting prior to installation. j) At the start of the establishment period. k) At the end of the plant establishment period, after final acceptance prior to maintenance period of the project. Project acceptance will be confirmed in writing. l) Completion of hardscape work. The Contractor is required to notify the City of work activity to be inspected. Give at least 48 hours’ notice for all work. No work will proceed until the City has inspected and verbally approved the work activity. 801-1.2 Soil Testing – Refer to plans for bidding of soil amendments Soil testing is required to determine fertility of soil and required nutrient needs. The Contractor must obtain an agronomic soils test for all planting areas after soil preparation work but before planting. Tests will be performed by City approved agronomic soil testing laboratory and will include a fertility and suitability analysis with written recommendations for soil amendments including post plant fertilization needs. Results should contain a comparison between the bid/proposed amendments and the actual amendments required per the soils test. This comparison will be utilized for the evaluation of any proposed additional costs between the bid amendments and the actual amendments required. EC and SAR ratings shall be included. Technical Specifications 4000-58 The soil report recommendations will take precedence over the minimum recommended amendment. A copy of the soil’s report will be submitted to the City for approval. Soil testing will be considered as included in other items of work and no additional payment will be made therefor. 801-1.4 Crushed Rock [add the following]: Decomposed granite will be an imported material 3/8” in diameter Brimstone. Crushed rock will be an imported material 3/4” in diameter Desert Gold, 3/8” in diameter for Apache Brown, 6” minus for Baja Cresta Rubble. Prior to placing crushed rock, fine grade area, removing rocks greater than 1” diameter, moisture condition, and compact sub-grade material. Spread crushed rock over the planting area to a 2” depth. Apply moisture after spreading and raking to compact and remove dust. Finish grade of crushed rock to be 1” below hardscape in planter areas. 801-2 EARTHWORK 801-2.3.1 General [Add the following]: All grading, mounding and all weed control measures shall be completed prior to irrigation and planting. This work shall not commence until the agronomic soil test has been completed. Should 30 calendar days elapse between completion of soil preparation and commencement of planting, all areas will be prepared again. Excess soil will be placed on top of exposed wall footings and compacted to 90% as required to cover 6” of footing with soil. City will employ Soils Engineer to provide compaction testing. Contractor shall notify City 48 hours’ notice to request soils testing. Remove rocks, sticks, grass and other undesirable objects unsuitable to plants. 801-2.3.2 Fertilizers and Conditioning Procedures [Add the following]: Fertilizers will be applied according to the manufacturer’s recommendation. 801-2.3.3 Weed Control Measures [Add the following]: Apply a translocated herbicide and allow sufficient time to completely kill off all germinated weeds; herbicide to be reapplied as needed to completely eradicate all germinated weeds. Weed control shall be to the satisfaction of the City. Refer to the plans. 801-2.4 Finished Grade All landscape areas will be graded to finish grades, reestablishing flow lines as approved prior to amending the soil. Finish grades will be inspected upon completion. The contractor will not proceed with planting work until finish grades have been inspected and accepted by the City. Technical Specifications 4000-59 801-4 PLANTING 801-4.1 General [Add the following]: All plants shall be true to name, and each tree of each plant species will be tagged with the name and size of plants in accordance with the standards of practice recommended by the American Association of Nurserymen. The root condition of plants furnished in containers will be checked. The City’s representative will check plants of each species or variety from each source. All plants rendered unsuitable will be rejected and replaced at no additional cost. In case the sample plants are found to be defective, the entire lot or lots of plants represented by the defective samples may be rejected. All trees and shrubs will be transported covered. The specified standard height and diameter will be set by the American Standard for Nursery Stock. All planting holes shall be pre-soaked and backfill shall be as recommended by the soil test report. Plant locations with flags labeled with the designated plant/shrub/tree type are to be approved by the City representative. 801-4.5 Tree and Shrub Planting [Add the following]: The height of the trees will be measured according to ANSI Z60.1 standards. Grade out planting area prior to planting shrubs. All shrubs will be planted similarly to the trees, in pre-moistened planting holes, roots loosened and soil gently compacted around the root ball. Plant shrubs no closer than outside of the tree’s rootball. Immediately after planting, water plants. Trees and shrubs in areas having crushed rock mulch shall be planted two inches (2”) high and decomposed granite will be installed in those areas the same day as planting. No decomposed granite/crushed rock is to be placed on or in the crown of trees or shrubs. Rake smooth these plant basins and cover rootballs prior to final acceptance of 90-day maintenance period. 801-4.6 Ground Cover [Add the following]: Grade out planting area prior to planting shrubs and ground cover. All shrubs and ground cover will be planted similarly to the trees, in pre- moistened planting holes, roots loosened and soil gently compacted around the root ball. Plant shrubs and ground cover no closer than 24 inches to tree trunks and palms. Immediately after planting, water plants. 801-4.7 Watering [Add the following]: It will be the Contractor’s responsibility to maintain a balanced watering program to ensure all plants receive proper amounts of water, well below the root system of plants. It is the contractor’s responsibility to water (by hand if Technical Specifications 4000-60 needed) all plant material, already planted, and plants still in their containers. Any plant material that dies as a result of the contractor’s neglect shall be replaced by the contractor at no cost to the City. This includes any equipment needed, labor and materials. 801-5 IRRIGATION SYSTEM INSTALLATION 801-5.1 General [Add the following]: The drawings are essentially diagrammatic. Minor adjustments may be required due to differences between the site and drawings. Dig trenches and support pipe continuously on bottom of the ditch. Lay pipe to a level grade. Trenching excavation will follow layouts indicated on the drawings to the depth below finish grades as noted. Provide minimum cover of 24 inches for main pressure supply lines under pavement, 18 inches of cover if not under pavement, and 12 inches cover for all lateral lines. Provide minimum cover of 18 inches, maximum 24 inches for control wires. Excavation in areas where there are tree roots 2-inches in diameter and larger will be tunneled under and will be heavily wrapped with wet burlap to prevent scarring or dying. New wiring will occupy the same trench and will be installed along the same route as the pressure supply lines and will be located below the supply lines wherever possible. Where more than one wire is placed in a trench, the wiring will be taped together at Intervals of 12 feet and labeled with numbers at each end of the wire. Remote control wire will be direct-burial AWG-UF type, sized according to manufacturer specifications, and in no case smaller than 14-gauge. Connections shall be either epoxy-sealed packet-type or Penn-Tite connectors. Common wires for valves shall be white in color. Control wires shall be black and numbered. An extra numbered wire shall be installed from controller to each valve location and it shall be different (not white) in color. An extra valve control wire will be installed for every six (6) remote control valves. Each extra control wire will be of a different color, extended to last valve, and be looped into each valve box. 801-5.2 Irrigation Pipeline Installation 801-5.2.3 Plastic Pipeline All threaded plastic-to-plastic connections will have Teflon tape applied to the male threads of connection prior to assembly. The number of wraps of Teflon tape shall be per manufacturer’s recommendations or per industry standards. Connect all metal components to plastic pipe connections with a schedule 80 nipple, threaded one end, and a plastic slip coupling. Use Teflon tape on all male threads prior to assembly. Technical Specifications 4000-61 801-5.2.5 Sleeving [Add the following]: If new sleeving is required, install per plan. Prior to backfilling, attach ½” x 2’ long metal pipe at end of pipe for future location assistance. 801-5.4 Sprinkler Head and Emitter Installation and Adjustment [Add the following]: Sprinkler heads and drip emitters will be installed as designated on the drawings and per City Standards. Spacing of the sprinkler heads will not exceed maximum indicated on the drawings. Drip emitters will be placed 9”- 12” up-slope from plants. 801-5.6 Flushing and Testing 801-5.6.1 General [Add the following]: Irrigation design is based on available water pressure as indicated by CVWD. The Contractor will verify working water pressure prior to construction. Should a discrepancy exist, notify the City prior to beginning Construction Connections to the installation of the water supply will be at the location shown on the drawings. Minor changes caused by actual site conditions will be made at no additional cost to the City. If the water meter and backflow unit is existing refer to Irrigation plans. Contractor shall run mainline pipe to the as indicated on the plans. Prior to installation of irrigation heads, the valves will be opened and full head of water used to flush out the lines and risers. Sprinkler heads shall not be installed until flushing the system has been completed. 801-5.6.2 Pipeline Pressure Test [Add the following]: The main line will be tested for no less than six (6) hours and hold a static pressure of 125 psi. Lateral lines will be tested for two (2) hours and hold a static pressure test of 100 psi. 801-6 MAINTENANCE AND PLANT ESTABLISHMENT 801-6.1 General [Add the following]: The Contractor shall maintain all landscaped areas for a minimum plant establishment period of not less than ninety (90) days from the date of written acceptance of the project. The plant establishment period will not start until the project receives Final, Formal Acceptance by the City Council. Projects will not be segmented into phases, or accepted in phases. Written acceptance from the Owner must be obtained to start the plant establishment period. If the project maintenance fails to continuously meet standards required, the plant establishment period will be suspended and will not re-commence until Contractor has corrected all deficiencies. 801-6.2 Maintenance Tasks [Add the following]: During the contract period, prior to and after formal final acceptance, the Contractor shall provide weekly maintenance in the planted areas which are within the work limits of the contract including, but not limited to: 1) Technical Specifications 4000-62 watering; weekly mowing; weeding; fertilizing and cultivating; and spraying to keep the plants in a healthy, growing condition and keeping the planted areas neat and attractive; 2) removing trash a minimum of once a week; 3) checking and repairing irrigation systems weekly; 4) pruning trees and shrubs planted under the contract only removing dead, dying or broken branches; 5) removing wilted flowers; 6) pest and vermin control; and 7) all crushed rock/gravel and non-stabilized decomposed granite areas shall be raked weekly to the satisfaction of the City. Note: Do not prune trees or shrubs without first advising the City. 801-6.3 Replacement Plantings [Add the following]: After planting and during the plant establishment period in the event any plant should die, is missing, weak or displays the appearance of necrosis, the plant will be immediately removed and replaced at the Contractor’s expense. All replacements must occur within five (5) days of notice. At the end of the establishment period, all plants will be in a healthy, growing condition and located as indicated on the plan or as approved by the City. 801-6.4 Fertilizing [Add the following]: For non-arid plant material, the Contractor will fertilize the plants one (1) month prior to the end of the establishment period. Follow manufacturer’s application rate guide and water into planting immediately after applying fertilizers. Arid plant material will not be fertilized. 801-6.5 Weekly Reports [Add the following]: The Contractor, as part of this contract, shall submit reports and schedules as requested. Failure to submit reports and schedules in the time specified may result in a Performance Deficiency Deduction. The City will supply the format for these forms. Such reports must be filled out in detail. The following is a breakdown of required forms and schedules. The contractor shall submit these reports as they are completed. Weekly reports shall be filled out by Friday of every week. Payments due shall not be disbursed unless all reports have been submitted to the City. 801-6.5.1 Schedule of Weekly Maintenance a) Contractor shall provide a schedule of weekly maintenance identifying areas to be maintained and a breakdown of when each function shall be performed. b) The City will assume that the Contractor will adhere to the schedule. The City must receive notification of changes at least 12 hours in advance. 801-6.5.2 Weekly Irrigation Inspection Report This will be turned in every Friday. 801-6.5.3 Weekly Activity Report Indicating the following: Technical Specifications 4000-63 a) Raking of DG b) Litter pickup c) Weed control d) Chemical maintenance - herbicides and pesticide applications e) Incident/Accident 801-6.5.4 Landfill Diversion Report 801-6.5.5 Fertilization 801-6.6 Performance Deficiencies and Reduction in Payments Due The City of La Quinta has set up very specific criteria in which to evaluate the performance of the Contractor on a weekly basis. If performance by the Contractor is deficient, the City reserves the right to subtract costs from the monthly billing and/or hire another contractor to provide the service and deduct the expense from the contract retention. Since it is difficult to quantify and assess a value to every aspect of the work, the City shall implement a standard $100 cost per incident. The following describes deficiencies: a) Lack of compliance to specifications (i.e., failure to adequately mow, edge, pick up litter, sweep/rake, weed, prune, remove dead plant material, etc.) b) Failure to provide specified reports or to falsify reports. c) Failure to supply adequate equipment, labor or supervision. d) Failure to repair irrigation deficiencies in the allotted time frame. e) Failure to comply with schedules. Variances may be approved by request. Delays in part acquisition or adverse weather conditions will be taken into consideration. f) Failure to protect public health and safety. The City reserves the right to cancel and/or assume maintenance duties and remaining contract amounts shall be deducted from remaining fiscal commitment. 801-6.7 End of Establishment Period Approximately one week prior to the end of the establishment period, the City will conduct a walk-through of the area, noting deficiencies and problems to be resolved. The Contractor will be required to resolve all noted items. If the items cannot be resolved within the time remaining, the establishment period will be extended, without cost to the City, until the items are corrected. Measurement and Payment: Bid Item # 58: Install Landscaping Plant Material & Irrigation These items shall be paid for on a lump sum (LS) basis and shall include furnishing all labor, equipment, tools and materials necessary for construction of landscaping per approved plans. The price of this item shall also include protecting electrical in place, exporting soil, grading, providing Technical Specifications 4000-64 and installing trees, shrubs, irrigation system, irrigation controller and any incidentals for doing the work involved in constructing landscaping per City Standards and project plans and specifications. Bid Item #’s 59 - 62: Furnish and Install 3/4” and 3/8” crushed rock, 3/8” decomposed granite and 6” minus rock in accordance to landscaping plans. These items shall be paid for on a square foot (SF) basis and shall include furnishing all labor, equipment, tools and materials necessary for placement of decomposed granite and crushed rock per direction of City, quantity shown in bid schedule. The price of this item shall also include any incidentals for doing the work involved in placing the rock as defined in the SSPWC and the Special Provisions. No further compensation will be allowed therefore. Bid Item # 63: 90 Day Maintenance and Plant Establishment This item shall be paid for on a lump sum (LS) basis and shall include furnishing all labor, equipment, tools and materials necessary for maintenance and plant establishment of constructed landscaping per approved plans. The price of this item shall also include any incidentals for doing the work involved in maintaining and establishing constructed landscaping as defined in the project plans and specifications. *** END OF LANDSCAPE AND IRRIGATION SECTION *** Technical Specifications 4000-65 BRIDGE SECTION STANDARD PLANS LIST ABBREVIATIONS, LINES, SYMBOLS AND LEGEND A3-, A, B & C ABBREVIATIONS EXCAVATION AND BACKFILL A62A EXCAVATION AND BACKFILL – MISCELLANEOUS DETAIL A62C LIMITS OF PAYMENT FOR EXCAVATION AND BACKFILL – BRIDGE BRIDGE DETAILS B0-1 BRIDGE DETAILS B0-3 BRIDGE DETAILS B0-5 BRIDGE DETAILS B0-13 BRIDGE DETAILS PILES B2-3 16” AND 24” CAST-IN-DRILL-HOLE CONCRETE PILE RETAINING WALLS B3-1 RETAINING WALL TYPE 1 (CASE 1) B3-7A RETAINING WALL TYPE 6 (CASE 1) B3-7B RETAINING WALL TYPE 6 (CASE 2) BOX GIRDER DETAILS B7-1 BOX GIRDER DETAILS UTILITY OPENINGS B7-10 UTILITY OPENING – BOX GIRDER CAST IN PLACE POST TENSIONED GIRDER B8-5 CAST IN PLACE POST TENSIONED GIRDER DETAILS STRUCTURE APPROACH B9-1 STRUCTURE APPROACH TYPE N (30) B9-5 STRUCTURE APPROACH SLAB DETAILS B9-6 STRUCTURE APPROACH DRAINAGE DETAILS CHAIN LINK RAILING, CABLE RAILING AND TUBULAR HAND RAILING B11-47 CABLE RAILING BRIDGE CONCRETE BARRIERS B11-58 & 59 CONCRETE BARRIER TYPE 736 SW WATER SUPPLY LINE (BRIDGE) B14-5 WATER SUPPLY LINES Technical Specifications 4000-66 GENERAL REQUIREMENTS The State Standard Specifications as defined in Section 2000 shall govern the work for the construction of the bridge and structures. All language in the Standard Specifications shall remain in full force and effect, unless the language in the prevailing Contract Document specifically cites the section number in the Standard Specification and says said provision is in lieu of that Standard Specification section. The project drawings and details are considered as part of these specifications, and any work or materials shown on the drawings and not mentioned in the specifications, or vice versa, are executed as if specifically mentioned in both. DIVISION II GENERAL CONSTRUCTION 10 GENERAL Replace "Reserved" in section 10-1.01 of the RSS for section 10-1 with: 1 STRUCTURE EXCAVATION (BRIDGE) (Bid Item #57) Comply with section 19-3 of the Caltrans Standard Specifications. Payment terms are defined in section 19-3.04 of the Caltrans Standard Specifications. This is a Final Pay Item as defined in section 9-1.02C of the Caltrans Standard Specifications. 2 STRUCTURE BACKFILL (BRIDGE) (Bid Item #58) Comply with section 19-3 of the Caltrans Standard Specifications. Payment terms are defined in section 19-3.04 of the Caltrans Standard Specifications. This is a Final Pay Item as defined in section 9-1.02C of the Caltrans Standard Specifications. 3 STRUCTURE EXCAVATION (RET WALL) (Bid Items #59 & 134) Comply with section 19-3 of the Caltrans Standard Specifications. Payment terms are defined in section 19-3.04 of the Caltrans Standard Specifications. This is a Final Pay Item as defined in section 9-1.02C of the Caltrans Standard Specifications. 4 STRUCTURE BACKFILL (RET WALL) (Bid Items #60 & 135) Comply with section 19-3 of the Caltrans Standard Specifications. Technical Specifications 4000-67 Payment terms are defined in section 19-3.04 of the Caltrans Standard Specifications. This is a Final Pay Item as defined in section 9-1.02C of the Caltrans Standard Specifications. 5 24" CAST-IN-DRILLED-HOLE-PILE (Bid Item #61) Comply with section 49-3 of the Caltrans Standard Specifications and these special provisions. Payment scope complies with section 9-1.03 of the Caltrans Standard Specifications. This is a Final Pay Item as defined in section 9-1.02C of the Caltrans Standard Specifications. 6 60" CAST-IN-DRILLED-HOLE-PILE (Bid Item #62) Comply with section 49-3 of the Caltrans Standard Specifications and these special provisions. Payment scope complies with section 9-1.03 of the Caltrans Standard Specifications. This is a Final Pay Item as defined in section 9-1.02C of the Caltrans Standard Specifications. 7 PRESTREESING CAST-IN-PLACE CONCRETE (Bid Item #63) Comply with section 49-3 of the Caltrans Standard Specifications and these special provisions. Payment scope complies with section 9-1.03 of the Caltrans Standard Specifications. This is a Final Pay Item as defined in section 9-1.02C of the Caltrans Standard Specifications. 8 STRUCTURAL CONCRETE, BRIDGE POLYMER FIBER (f'c=4500 PSI) (Bid Item #64) Comply with section 51 of the Caltrans Standard Specifications. This is a Final Pay Item as defined in section 9-1.02C of the Caltrans Standard Specifications. 9 STRUCTURAL CONCRETE (BRIDGE FOOTING) (Bid Item #65) Comply with section 51 of the Caltrans Standard Specifications. This is a Final Pay Item as defined in section 9-1.02C of the Caltrans Technical Specifications 4000-68 Standard Specifications. 10 STRUCTURAL CONCRETE (BRIDGE) (Bid Item #66) Comply with section 51 of the Caltrans Standard Specifications. This is a Final Pay Item as defined in section 9-1.02C of the Caltrans Standard Specifications. 11 STRUCTURAL CONCRETE (RET WALL) (Bid Items #67 & 136) Comply with section 51 of the Caltrans Standard Specifications. This is a Final Pay Item as defined in section 9-1.02C of the Caltrans Standard Specifications. 12 STRUCTURAL CONCRETE, APPROACH SLAB (TYPE N) (Bid Item #68) Comply with section 51 of the Caltrans Standard Specifications. This is a Final Pay Item as defined in section 9-1.02C of the Caltrans Standard Specifications. 13 MINOR CONCRETE (MEDIAN PAVING, COLORED & STAMPED) (Bid Item #69) Comply with section 51 of the Caltrans Standard Specifications. This is a Final Pay Item as defined in section 9-1.02C of the Caltrans Standard Specifications. 14 JOINT SEAL (MR= 2 1/2") (Bid Item #70) Comply with section 51-2 of the Caltrans Standard Specification and these special provisions. 15 BAR REINFORCING STEEL (BRIDGE) (Bid Item #71) Comply with section 52 of the Caltrans Standard Specifications. This is a Final Pay Item as defined in section 9-1.02C of the Caltrans Standard Specifications. 16 BAR REINFORCING STEEL (RET WALL) (Bid Items #72 & 137) Comply with section 52 of the Caltrans Standard Specifications. This is a Final Pay Item as defined in section 9-1.02C of the Caltrans Standard Specifications. 17 CONCRETE BARRIER (TYPE 732 SW MOD) (Bid Item #73) Comply with section 83-2 of the Caltrans Standard Specifications. 18 METAL RAILING (BRIDGE) (Bid Item #74) Comply with section 83-2 of the Caltrans Standard Specifications. 19 BRIDGE LIGHTING & PULL BOXES (Bid Item #75) Technical Specifications 4000-69 Comply with section 87 of the Caltrans Standard Specifications. 20 MISCELLANEOUS METAL - CONDUIT SUPPORT SYSTEM (BRIDGE) (Bid Item #76) Comply with section 75 of the Caltrans Standard Specifications. Submit a schedule of values for this lump sum bid item according to section 9-1.16B of the Caltrans Standard Specifications. Technical Specifications 4000-70 DIVISION III GRADING Bid Items and Applicable Sections Item code Item description Applicable section 192003 STRUCTURE EXCAVATION (BRIDGE) 19 192037 STRUCTURE EXCAVATION (RETAINING WALL) 19 193003 STRUCTURE BACKFILL (BRIDGE) 19 193013 STRUCTURE BACKFILL (RETAINING WALL) 19 19 EARTHWORK Replace Reserved in section 19-3.03B(3) with: Excavate for pier columns such that concrete is placed against firm, undisturbed material on the bottom and sides of the excavation, at or outside the neat lines of the pier columns. Adequately support the excavation using shoring, lagging, casings, liners, or other bracing. Rock bolts and wire mesh may remain in place. Steel shoring, steel and timber lagging, steel casings, steel liners, and other steel bracing may remain in place, subject to the following requirements: 1. Bracing remaining in place must be the minimum necessary to safely support the excavation. 2. Place bracing in an open arrangement with enough clearance between braces to allow concrete to flow around the bracing and provide the required clearance to the reinforcement. 3. Steel casings, liners, and lagging must be outside the neat lines of the pier columns. 4. Perforate steel casings and liners with holes of 6-inch minimum diameter or place in an open arrangement such that at least 50 percent of the area of the casings and liners allows the ready flow of concrete through and around openings. 5. Steel and timber lagging must be in an open arrangement with the area of lagging at most 50 percent of the area of the sides of the excavation. The lagging must allow ready flow of concrete through and around openings. 6. Distribute open areas in casings, liners, and lagging uniformly over the sides of the excavation for the full depth of the pier column. Remove timber bracing extending across pier columns within the neat lines of the columns before or during concrete placement. Technical Specifications 4000-71 DIVISION VI STRUCTURES Bid Items and Applicable Sections Item code Item description Applicable section 490603 24” CAST-IN-DRILLED-HOLE CONCRETE PILING 49 490609 60” CAST-IN-DRILLED-HOLE CONCRETE PILING 49 500001 PRESTRESSING CAST-IN-PLACE CONCRETE 50 510051 STRUCTURAL CONCRETE, BRIDGE FOOTING 52, 90 510053 STRUCTURAL CONCRETE, BRIDGE POLYFIBER (fc=4500psi) 52, 90 510053 STRUCTURAL CONCRETE, BRIDGE (fc=4000psi) 52, 90 510060 STRUCTURAL CONCRETE, RETAINING WALL 52, 90 51008X STRUCTURAL CONCRETE, APPROACH SLAB (TYPE N30) 52, 90 510509 MINOR CONCRETE (MEDIAN PAVING, COLORED & STAMPED) 52, 90 519092 JOINT SEAL ASSEMBLY (MR 4”) 51 520102 BAR REINFORCING STEEL (BRIDGE) 52 520103 BAR REINFORCING STEEL (RETAINING WALL) 52 49 PILING Add to Section 49-1.03: Expect difficult pile installation due the presence of interbedded layers of loose to medium dense, predominantly cohesionless soils with some gravel and low moisture contents. CIDH piles if left unsupported anytime during construction are susceptible to caving. Soil caving can result in significant shaft construction difficulties and/or anomalies. CIDH anomalies result in not only construction difficulties and additional foundation effort but also compromised and unknown design shaft capacities. Thus, every effort should be made in selecting the appropriate means and methods to prevent any anomalies while constructing CIDH piles. The contractor must be responsible for preventing soil caving and constructing CIDH piles free of anomalies. To prevent or minimize the potential for soil caving, we require using either full-depth temporary steel casing or wet (mud) method for the construction of the CIDH piles at this site. 1) Temporary casing if used shall be installed with impact hammer. The contractor is response for selecting the temporary casing and the hammer size used, and for selecting appropriate means and methods for withdrawing Technical Specifications 4000-72 the casing without compromising the integrity of the CIDH piles or the Type I shafts. Hard and/or difficult driving and/or withdrawal conditions should be anticipated due to the presence of interbedded soil layers of varying types/composition, and strength and stiffness, including thick layers of dense to very dense sands with gravel. 2) If wet (mud) construction method is used, the CIDH piles shall be installed with PVC inspection pipes as per Caltrans MTD 3-1 for Gamma-Gamma and Cross-hole Sonic Logging (CSL) testing. The potential for side instabilities or soil caving with the CIDH drilled holes can be significantly reduced using wet method of construction. Care is still necessary during drilling the hole, cleaning the bottom of the hole to be firm and free of loose soils or other foreign matter, placement of the reinforcement case and pouring concrete. Concrete shall not be contaminated with mud and/or soils. The bottom of the CIDH holes shall be verified to be clean, free of any loose soils and firm prior to the placement of the reinforcement cage. Concrete shall be poured carefully to obtain a full size/section at the bottom of the drilled shafts. Groundwater was not encountered in borings at the time of site exploration. However perched groundwater and seepage may be encountered in the excavations and/or holes drilled at the site at any time of the year. CIDH piles may encounter groundwater seepage and the potential for soil caving or sloughing of sandy soil and gravel from the side of the holes, if not supported by temporary casing. The contractor shall be responsible for maintaining the stability of the hole at all times during construction and obtaining a clean and firm condition of the CIDH pile hole prior to the placement of reinforcement and/or concrete. To avoid reduction in the ground stability and shaft nominal resistance, the amount of time the CIDH drill holes are kept open and/or unfilled with reinforcement and concrete should be minimized. All open holes should be backfilled as completed shafts during the same work day. No CIDH hole should be permitted to be left open overnight. Add to section 49-3.02B(6)(c): The synthetic slurry must be one of the materials shown in the following table: Technical Specifications 4000-73 Material Manufacturer SlurryPro CDP KB INTERNATIONAL LLC 735 BOARD ST STE 209 CHATTANOOGA TN 37402 (423) 266-6964 Super Mud PDS CO INC 105 W SHARP ST EL DORADO AR 71731 (870) 863-5707 Shore Pac GCV CETCO CONSTRUCTION DRILLING PRODUCTS 2870 FORBS AVE HOFFMAN ESTATES IL 60192 (800) 527-9948 Terragel or Novagel Polymer GEO-TECH SERVICES LLC 220 N. ZAPATA HWY STE 11A-449A LAREDO TX 78043 (210) 259-6386 BIG FOOT MATRIX CONSTRUCTION PRODUCTS 50 S MAIN ST STE 200 NAPERVILLE IL 60540 (877) 591-3137 POLY-BORE BAROID INDUSTRIAL DRILLING PRODUCTS 3000 N SAM HOUSTON PKWY EAST HOUSTON TX 77032 (877) 379-7412 Use synthetic slurries in compliance with the manufacturer's instructions. Synthetic slurries shown in the above table may not be appropriate for a given job site. Synthetic slurries must comply with the Department's requirements for synthetic slurries to be included in the above table. The requirements are available from the Offices of Structure Design, P.O. Box 168041, MS# 9-4/11G, Sacramento, CA 95816-8041. Technical Specifications 4000-74 SlurryPro CDP synthetic slurry must comply with the requirements shown in the following table: SlurryPro CDP Quality characteristic Test method Requirement Density Mud weight (density), API RP 13B-1, section 4 During drilling (pcf) ≤ 67.0a Before final cleaning and immediately before placing concrete (pcf) ≤ 64.0a Viscosity Marsh funnel and cup. API RP 13B-1, section 6.2 During drilling (sec/qt) 50–120 Before final cleaning and immediately before placing concrete (sec/qt) ≤ 70 pH Glass electrode pH meter or pH paper 6.0–11.5 Sand content, percent by volume Sand, API RP 13B-1, section 9 Before final cleaning and immediately before placing concrete (%) ≤ 1.0 NOTE: Slurry temperature must be at least 40 °F when tested. aIf authorized, you may use slurry in a salt water environment. The allowable density of slurry in a salt water environment may be increased by 2 pcf. Super Mud synthetic slurry must comply with the requirements shown in the following table: Super Mud Quality characteristic Test method Requirement Density Mud weight (density), API RP 13B-1, section 4 During drilling (pcf) ≤ 64.0a Before final cleaning and immediately before placing concrete (pcf) ≤ 64.0a Viscosity Marsh funnel and cup. API RP 13B-1, section 6.2 During drilling (sec/qt) 32–60 Before final cleaning and immediately before placing concrete (sec/qt) ≤ 60 pH Glass electrode pH meter or pH paper 8.0–10.0 Sand content, percent by volume Sand, API RP 13B-1, section 9 Before final cleaning and immediately before placing concrete (%) ≤ 1.0 NOTE: Slurry temperature must be at least 40 °F when tested. aIf authorized, you may use slurry in a salt water environment. The allowable density of slurry in a salt water environment may be increased by 2 pcf. Technical Specifications 4000-75 Shore Pac GCV synthetic slurry must comply with the requirements shown in the following table: Shore Pac GCV Quality characteristic Test method Requirement Density Mud weight (density), API RP 13B-1, section 4 During drilling (pcf) ≤ 64.0a Before final cleaning and immediately before placing concrete (pcf) ≤ 64.0a Viscosity Marsh funnel and cup. API RP 13B-1, section 6.2 During drilling (sec/qt) 33–74 Before final cleaning and immediately before placing concrete (sec/qt) ≤ 57 pH Glass electrode pH meter or pH paper 8.0–11.0 Sand content, percent by volume Sand, API RP 13B-1, section 9 Before final cleaning and immediately before placing concrete (%) ≤ 1.0 NOTE: Slurry temperature must be at least 40 °F when tested. aIf authorized, you may use slurry in a salt water environment. The allowable density of slurry in a salt water environment may be increased by 2 pcf. Terragel or Novagel Polymer synthetic slurry must comply with the requirements shown in the following table: Terragel or Novagel Polymer Quality characteristic Test method Requirement Density Mud weight (density), API RP 13B-1, section 4 During drilling (pcf) ≤ 67.0a Before final cleaning and immediately before placing concrete (pcf) ≤ 64.0a Viscosity Marsh funnel and cup. API RP 13B-1, section 6.2 During drilling (sec/qt) 45–104 Before final cleaning and immediately before placing concrete (sec/qt) ≤ 104 pH Glass electrode pH meter or pH paper 6.0–11.5 Sand content, percent by volume Sand, API RP 13B-1, section 9 Before final cleaning and immediately before placing concrete (%) ≤ 1.0 NOTE: Slurry temperature must be at least 40 °F when tested. aIf authorized, you may use slurry in a salt water environment. The allowable density of slurry in a salt water environment may be increased by 2 pcf. Technical Specifications 4000-76 BIG-FOOT synthetic slurry must comply with the requirements shown in the following table: BIG-FOOT Quality characteristic Test method Requirement Density Mud weight (density), API RP 13B-1, section 4 During drilling (pcf) ≤ 64.0a Before final cleaning and immediately before placing concrete (pcf) ≤ 64.0a Viscosity Marsh funnel and cup. API RP 13B-1, section 6.2 During drilling (sec/qt) 30–125 Before final cleaning and immediately before placing concrete (sec/qt) 55-114 pH Glass electrode pH meter or pH paper 8.5–10.5 Sand content, percent by volume Sand, API RP 13B-1, section 9 Before final cleaning and immediately before placing concrete (%) ≤ 1.0 NOTE: Slurry temperature must be at least 40 °F when tested. aIf authorized, you may use slurry in a salt water environment. The allowable density of slurry in a salt water environment may be increased by 2 pcf. POLY-BORE synthetic slurry must comply with the requirements shown in the following table: POLY-BORE Quality characteristic Test method Requirement Density Mud weight (density), API RP 13B-1, section 4 During drilling (pcf) 62.8-65.8a Before final cleaning and immediately before placing concrete (pcf) 62.8-64.0a Viscosity Marsh funnel and cup. API RP 13B-1, section 6.2 During drilling (sec/qt) 50–80 Before final cleaning and immediately before placing concrete (sec/qt) 50-80 pH Glass electrode pH meter or pH paper 7.0–10.0 Sand content, percent by volume Sand, API RP 13B-1, section 9 Before final cleaning and immediately before placing concrete (%) ≤ 1.0 NOTE: Slurry temperature must be at least 40 °F when tested. aIf authorized, you may use slurry in a salt water environment. The allowable density of slurry in a salt water environment may be increased by 2 pcf. Technical Specifications 4000-77 Replace Reserved in section 49-3.02B(6)(d) with: You may use water as slurry if a casing is used for the entire length of the drilled hole. Water slurry must comply with the requirements shown in the following table: Water Slurry Requirements Quality characteristic Test method Requirement Density Mud weight (density), API RP 13B-1 section 4 Before final cleaning and immediately before placing concrete (pcf) 63.5a Sand content Sand, Before final cleaning and immediately before placing concrete (%) API RP 13B-1, section 9 ≤ 0.5 aIf authorized, you may use salt water slurry. The allowable density of the slurry may be increased by 2 pcf. 50 PRESTRESSING CONCRETE Replace the introductory clause of the 1st paragraph of section 50- 1.01C(4) with: The details shown for CIP PS box girder bridges are based on a combination of bonded partial-length tendon and bonded full-length draped tendon prestressing systems. You may submit a VECP for an alternative prestressing system that varies the percentage of bonded partial-length tendons and bonded full-length draped tendons if the proposed system and associated details comply with the following requirements: 51 CONCRETE STRUCTURES Add to section 51-1.01C(1): If the methacrylate crack treatment is applied to a bridge deck within 100 feet of a residence, business, or public space, submit a public safety plan. Include with the submittal: 1. Copy of public notification letter with a list of delivery addresses and posting locations. The letter must describe the work to be performed and state the treatment work locations, dates, and times. Deliver copies of the letter to residences and businesses within 100 feet of the treatment work and to local fire and police officials, at least 7 days before starting treatment activities. Post a copy of the letter at the job site. 2. Airborne emissions monitoring plan. Plan must include monitoring point locations. A CIH certified in comprehensive practice by the American Board of Industrial Hygiene must prepare and execute the plan. Technical Specifications 4000-78 3. Action plan for protecting the public if levels of airborne emissions exceed permissible levels. 4. Copy of the CIH's certification. After completing methacrylate crack treatment activities, submit results from monitoring production airborne emissions as an informational submittal. Replace Reserved in section 51-1.01D(1) with: The job site must have at least 4 airborne emissions monitoring points, including the mixing point, application point, and point of nearest public contact. Monitor airborne emissions during methacrylate crack treatment activities. Replace the 2nd paragraph of section 51-1.03H with: Cure the top surface of bridge decks by (1) misting and (2) the water method using a curing medium under section 90-1.03B(2). After strike off, immediately and continuously mist the deck with an atomizing nozzle that forms a mist and not a spray. Continue misting until the curing medium has been placed and the application of water for the water method has started. At the end of the curing period, remove the curing medium and apply curing compound on the top surface of the bridge deck during the same work shift under section 90-1.03B(3). The curing compound must be curing compound no. Delete the 4th paragraph of section 51-1.03H. DIVISION VIII MISCELLANEOUS CONSTRUCTION Bid Items and Applicable Sections Item code Item description Applicable section 71026X REMOVE CONCRETE/ROCK (LOW WATER CROSSING) 71 7505XX MISCELLANEOUS METAL – CONDUIT SUPPORT SYSTEM (BRIDGE) 75, 87 DIVISION IX TRAFFIC CONTROL FACILITIES Bid Items and Applicable Sections Item code Item description Applicable section 833000 METAL RAILING 83 833142 CONCRETE BARRIER (TYPE 732 SW MOD ) 83 839521 CABLE RAILING 83 8702XX BRIDGE LIGHTING & PULL BOXES 87 Technical Specifications 4000-79 DIVISION XI MATERIALS Add to section 90-1.01C: 90-1.01C(11) Polymer Fibers Submit fiber manufacturer's product data and instructions for use. Submit a certificate of compliance for each shipment and type of fibers. *** END OF BRIDGE SECTION *** Technical Specifications 4000-80 IID ELECTRICAL SECTION GENERAL REQUIREMENTS The Imperial Irrigation District (IID) Standard Specifications and Standard Drawing contained within the Developer Energy Planning Guide, Rev 4.6 shall govern the electrical distribution underground system on this project. All language in the IID Standard Specifications shall remain in full force and effect, unless the language in the prevailing Contract Document specifically cites the section number in the Standard Specification and says said provision is in lieu of that Standard Specification section. The project drawings and details are considered as part of these specifications, and any work or materials shown on the drawings and not mentioned in the specifications, or vice versa, are executed as if specifically mentioned in both. All applicable standard details have been provided in the Appendix. 1.0 DRY UTILITY TRENCHING (Bid Items # 137) Trenching shall conform to the requirements of Section 306, Underground Conduit Installation of the Standard Specifications, and these Special Provisions. The Contractor shall construct the joint trench in accordance with the Plans, the Joint Trench Utility Sheet and Imperial Irrigation District (IID) Plans. The Contractor shall follow the Joint Trench Utility Plans for the location of the IID trench location. The Contractor will be responsible for furnishing and placement of the facilities as noted on the plans, including but not limited to conduit, conduit duct bank separators, conduit holder assemblies, vaults, pads and cabinets for the IID facilities. The Contractor will be responsible for the coordination with both Spectrum and Frontier on the placement of their conduit within the joint trench section as noted on the Joint Trench Plans. The Contractor will also be responsible for coordinating with both Frontier and Spectrum to ensure timely installation of the conduit. The contract unit price per Linear Foot for Dry Utility Trenching shall include but not limited to furnishing and installation of the sand shade covers per the requirements of each utility company, conduit encasement, excavation of the joint trench, conduit bedding, compaction, and backfill, and surface restoration as accepted by the City in accordance with the plans and specifications and no additional compensation will be allowed therefore. 2.0 LARGE VAULT & TRANSFORMER PAD (Bid Items #139 & 145) The Large Vault and Single Phase Transformer Pad shall conform to IID Standard Drawings and these Special Provisions. Payment for Large Vault and Transformer Pad shall be measured and paid for at the contract unit price per Each and shall include full compensation for all labor, materials, tools, and equipment and for doing all work involved in placing the structure per the plan. Technical Specifications 4000-81 3.0 CONDUIT SUPPORT SYSTEM (Bid Item # 76) Conduit Support System placed within the bridge cells shall conform to the provisions for miscellaneous bridge metal in Section 75, "Miscellaneous Metal," of the State Specifications and these special provisions. Attention is directed to "Welding" of these special provisions. Miscellaneous metal (bridge) shall consist of the miscellaneous bridge metal items listed in Section 75 1.03, "Miscellaneous Bridge Metal," of the State Specifications and the following: A. Conduit Support System The Conduit Support System shall be fabricated and installed per the IID plans, for the placement of the IID conduit within the bridge cell. Payment for Conduit Support System shall be paid for at the Lump Sum contract price and no additional compensation will be allowed. Payment shall include full compensation for furnishing all labor, materials, tools, equipment, and doing all work involved in furnishing and installing the conduit supports as specified. *** END OF IID ELECTRICAL SECTION *** Technical Specifications 4000-82 CVWD SEWER AND WATER SECTION GENERAL REQUIREMENTS The Coachella Valley Water District (CVWD) Standard Specifications for Construction of Sanitary Sewer and Domestic Water Main shall govern the sewer and water work on this project. All language in the CVWD Standard Specifications shall remain in full force and effect, unless the language in the prevailing Contract Document specifically cites the section number in the Standard Specification and says said provision is in lieu of that Standard Specification section. The project drawings and details are considered as part of these specifications, and any work or materials shown on the drawings and not mentioned in the specifications, or vice versa, are executed as if specifically mentioned in both. All applicable standard details have been provided in the Appendix. 1.0 ADJUST TO GRADE SEWER MANHOLE (Bid Item #147) Adjust sewer manhole frame and cover to grade shall conform the latest Coachella Valley Water District Standard Specifications for Construction of Sanitary Sewer Systems and these Special Provisions. The Contractor shall excavate and remove the existing frame and casting, remove adjusting rings as necessary, and reinstall the frame and casting to the final surface elevation in in accordance with CVWD Standard Drawing No. S-1B. All work shall be completed under direct CVWD inspection. Payment for Adjust to Grade Sewer Manhole Lid and Frame to Grade shall be measured and paid for at the contract unit price per Each and shall include full compensation for all labor, materials, tools, and equipment and for doing all work involved in excavation, removal and salvaging of the existing cleanout can and frame, placement of salvaged cleanout can and frame, placement of concrete collar, backfill and compaction per the plan and standard drawings and no additional compensation will be allowed therefore. 2.0 ADJUST TO GRADE, SEWER CLEAN OUT (Bid Item #148) Adjust sewer clean out valve can and lid to grade shall conform the latest Coachella Valley Water District Standard Specifications for Construction of Sanitary Sewer Systems and these Special Provisions. The Contractor shall excavate to the top of the existing clean out cap, remove the existing cast iron well and adjust the clean out frame and lid to grade in accordance with CVWD Standard Drawing No. S-6. Payment for Adjust Sewer Cleanout to Grade shall be measured and paid for at the contract unit price per Each and shall include full compensation for all labor, materials, tools, and equipment and for doing all work involved in excavation, removal and salvaging of the existing cleanout can and frame, placement of salvaged cleanout can and frame, placement of concrete collar, backfill and compaction per the plan and standard drawings and no additional compensation will be allowed therefore. Technical Specifications 4000-83 3.0 REMOVE SEWER MANHOLE, SEWER PIPE AND WATER MAIN (Bid Item #’s 77 – 78, 83 – 84 & 88 – 89) Removals shall conform to the provisions in Section 300-1, “Clearing and Grubbing”, of the Standard Specifications and these Special Provisions: 300-1.3.2 Requirements. [Add the following]: (d) Miscellaneous In addition to the work outlined in Subsection 300-1 of the Standard Specifications, the following items of work are included under Clearing and Grubbing unless otherwise covered by a specific bid item. (1) Provide all necessary water for construction activities. The contractor shall make arrangements with CVWD to obtain construction water meter(s). The cost of the water meters shall be included in the cost of related items. (2) Removal of structures, as directed by Engineer to be removed or abandoned. This item includes removal of sewer manholes, sewer pipe, water main pipe and fittings, pipe encasement and steel sleeve. 300-1.4 Payment. [Add the following]: Remove Sewer Manhole and Remove Blind Flange shall be paid for at the Each contract price and no additional compensation will be allowed. Payment shall include full compensation for furnishing all labor, materials, tools, equipment, and doing all work involved in removal and proper disposal of the manhole and blind flange as specified. Remove Sewer Pipe, Remove Structural Encasement, Remove Steel Sleeve and Remove Water Main shall be paid for at the Lineal Foot contract price and no additional compensation will be allowed. Payment shall include full compensation for furnishing all labor, materials, tools, equipment, and doing all work involved in removal and proper disposal of the pipe, encasements and sleeves as specified. 4.0 RELOCATE SEWER CLEAN OUT (Bid Item #149) Relocation of the Sewer Clean Out shall conform to the provisions in Section 33-39-23, “Sewer Clean-Outs”, of the CVWD Standard Specifications and these Special Provisions: Relocate Sewer Cleanout shall be paid for at the Each contract price and no additional compensation will be allowed. Payment shall include full compensation for furnishing all labor, materials, tools, equipment, and doing all work involved in removal and proper disposal and the installation of a new sewer clean out as specified. Technical Specifications 4000-84 5.0 SEWER MANHOLE (Bid Item #’s 79 – 80 & 150) Sewer Manhole installation and Reconstruct Sewer Manhole shall conform to the provisions in Section 33 05 13, “Manholes and Precast Vaults” and 33 08 30 “Connection to Sanitary Sewer System”, of the CVWD Standard Specifications and these Special Provisions: Reconstruction of the manhole structure shall consist of salvaging of the existing frame, cover and top concrete cone section. The Contractor shall add to the existing manhole shaft the required height to conform to the new finished grade elevations, minus the cone, frame and cover. Following the placement of the additional manhole sections, the Contractor shall place the salvaged cone, frame and cover and complete the backfill and compaction operations. 48” Sewer Manhole shall be paid for at the Each contract price and no additional compensation will be allowed. Payment shall include full compensation for all labor, materials, tools, and equipment and for doing all work involved in placing the concrete structure per the plan. Connect the existing and new sewer pipe to the new manhole shall be incidental to the placement of the sewer manhole and no additional compensation will be allowed therefore. Reconstruct Sewer Manhole shall be paid for at the Lineal Foot contract price and no additional compensation will be allowed. Payment shall include full compensation for all labor, materials, tools, and equipment and for doing all work involved in reconstructing the sewer manhole structure per the plan. 6.0 PVC SEWER PIPE (Bid Item #’s 81 – 82) PVC Sewer Pipe shall conform to the provisions in Section 33 31 11, “PVC Pipe for Sanitary Sewer”, of the CVWD Standard Specifications, Section 306- 7.7 of the Standard Specifications and these Special Provisions. 12” and 18” PVC Sewer Pipe shall be paid for at the Lineal Foot contract price and no additional compensation will be allowed. Payment shall include full compensation for furnishing all labor, materials, tools, equipment, and doing all work involved in the placement of the sewer pipe as specified. 7.0 STRUCTURAL ENCASEMENT (Bid Item #85) PVC Sewer Pipe shall conform to the provisions of the CVWD Standard Specifications and these Special Provisions. Structural Encasement shall be paid for at the Lineal Foot contract price and no additional compensation will be allowed. Payment shall include full compensation for furnishing all labor, materials, tools, equipment, and doing all work involved in the placement of the concrete encasement as specified. Technical Specifications 4000-85 8.0 SEWER BYPASS (Bid Item #86) The temporary Sewer Bypass shall conform to the provisions in Section 33 23 19.10, “Sewer Bypass System”, of the CVWD Standard Specifications and these Special Provisions: Sewer Bypass shall be paid for at the Lump Sum contract price and no additional compensation will be allowed. Payment shall include full compensation for furnishing all labor, materials, tools, equipment, and doing all work involved in providing a bypass for both sewer main reconstruction operations as specified. 9.0 ADJUST TO GRADE, WATER VALVE (Bid Item #151) Adjust water valve can and lid to grade shall conform the latest Coachella Valley Water District Standard Specifications for Construction of Domestic Water Systems and these Special Provisions. The Contractor shall excavate to the top of the existing valve, remove the existing PVC pipe and place a new C-900 PVC pipe and valve well frame in accordance with CVWD Standard Drawing No. W-17A and W-18A. Payment for Adjust to Grade Water Valve Can and Lid shall be measured and paid for at the contract unit price per Each and shall include full compensation for all labor, materials, tools, and equipment and for doing all work involved in excavation, removal of the existing valve can and frame, placement of a new PVC well, frame, valve cover and concrete collar, backfill and compaction per the plan and standard drawings and no additional compensation will be allowed therefore. 10.0 RELOCATE AIR VAC ASSEMBLY (Bid Item #152) Relocate Air Vac Assembly shall conform to the provisions in Section 33 12 18, “Combination Air/Vacuum Valve Assemblies”, of the CVWD Standard Specifications and these Special Provisions. Payment for Relocate Air Vac Assembly shall be measured and paid for at the contract unit price per Each and shall include full compensation for all labor, materials, tools, and equipment and for doing all work involved in excavation, removal of the existing air vac assembly, placement of an air vac assembly, frame, valve cover and concrete collar, backfill and compaction per the plan and standard drawings and no additional compensation will be allowed therefore. 11.0 DIP WATERMAIN (Bid Item #87) Ductile Iron Water Pipe and Fittings shall conform to the provisions in Section 33 11 13 “Piping Systems and Appurtenances”, 33 11 13.10, “Ductile Iron Water Pipe and Fittings”, 33 13 00 “Disinfection of Piping”, and 33 14 00 “Hydrostatic Testing of Pressure Pipelines” of the CVWD Standard Specifications and these Special Provisions. Technical Specifications 4000-86 Contractor shall initiate the required water main relocation as a first order of construction work, as previously noted in Section 2000, 4.2.1. In addition, the required ductile iron pipe, Class 350, shall be included in the procurement period prior to the City’s Notice to Proceed as noted in Section 2000, 4.2.7. The ductile iron pipe and fitting shall be Class 350, with restrained joints, V- Bio enhanced polyethylene wrapped, and zinc coated. The Contractor will be responsible for disinfection of the new pipeline along with the hydrostatic testing according to the CVWD provisions. CVWD forces will install a DIP wye and butterfly valves at both the northern and southern points of connection for the new water main. The Contractor will be responsible for scheduling and coordination with CVWD on the timing for the installation of these connector assemblies. Following the installation and acceptance of the new line by CVWD, CVWD forces will exercise the valve at the wye assembly and install the blind flange prior to the Contractor removal of the existing DIP pipe. The Contractor will be responsible for all scheduling and coordination with CVWD on the timing for the installation of these connector assemblies and placement of the blind flange on the existing main. Payment for 18” CL 350 DIP Watermain w/ Restrained Joints, Zinc coated and V Bio Poly Wrapped shall be measured and paid for at the contract unit price per Lineal Foot and shall include full compensation for all labor, materials, tools, and equipment and for doing all work involved in excavation, placement of DIP water main including all fittings, bedding, thrust blocks, aggregate pipe encasement, restraints, backfill and compaction per the plan and standard drawings and no additional compensation will be allowed therefore. 12.0 CONCRETE THRUST BLOCK (Bid Item #87) Concrete Thrust Block shall conform to the provisions in Section 03 30 00, “Concrete”, of the CVWD Standard Specifications and these Special Provisions. Payment for Concrete Thrust Block shall be incidental to the 18” DIP Water Main bid item and no additional compensation will be allowed. Payment shall include full compensation for furnishing all labor, materials, tools, equipment, and doing all work involved in placement of the thrust blocks as specified. Technical Specifications 4000-87 13.0 STEEL SLEEVE (Bid Item #90) Steel Sleeve shall conform to the provisions in Section 33 05 23.10 “Open Trench Pipe Casing” of the CVWD Standard Specifications and these Special Provisions. Payment for 36” Steel Sleeve shall be measured and paid for at the contract unit price per Lineal Foot and shall include full compensation for all labor, materials, tools, and equipment and for doing all work involved in excavation, placement of sleeve, welding, backfill and compaction per the plan and standard drawings and no additional compensation will be allowed therefore. *** END OF CVWD SEWER AND WATER SECTION *** APPENDIX A ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION (3 PAGES) Appendix A Page 1 ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of La Quinta whose address is 78-495 Calle Tampico, La Quinta, California, 92253, hereinafter called City, and , hereinafter called Contractor whose address is , and hereinafter called Escrow Agent whose address is: . For the consideration hereinafter set forth, the City, Contractor, and Escrow Agent agree as follows: 1. Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities which meet the requirements set forth in said Section 22300, with Escrow Agent, as a substitute for retention earnings required to be withheld by City pursuant to the Construction Contract entered into between City and Contractor for City Project No. 2011-05, Federal Project No. BRNBIL (537), Dune Palms Road Bridge Improvements, in the amount of Dollars, dated hereinafter referred to as the Contract. When Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the City and Contractor. Securities shall be held in the name of City of La Quinta and shall designate the Contractor as the beneficial owner. 2. City shall make progress payments to Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. Alternatively, City may make payments directly to Escrow Agent in the amount of retention for the benefit of the City until such time as the escrow created hereunder is terminated. 4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the escrow account. These expenses and payment terms shall be determined by the Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. Appendix A Page 2 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to Sections (4) to (6), inclusive, of this Agreement, and City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notice or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: On Behalf of City: On Behalf of Contractor: Title Title Name Name Signature Signature Address Address Appendix A Page 3 On Behalf of Escrow Agent: Title Name Signature Address At the time the Escrow Account is opened, City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. CITY: CONTRACTOR: Title Title Name Name Signature Signature APPENDIX B STANDARD PLANS (67 Sheets) City of La Quinta Std 200 Concrete Specifications Std 201 6” Curb and Gutter Std 204 Asphalt Concrete Dikes Std 221 Driveway w/ Sidewalk Adjacent Curb Std 230 Cross Gutter Layout Std 231 Cross Gutter Std 240 Sidewalk & Curb Std 241 Curb Sidewalk Joints Std 250 Curb Ramp (4 Sheets) Std 300 Curb Inlet Catch Basin No. 1 (2 Sheets) Std 720 Stamped Concrete for Median Hardscape Std 730 16” Commercial Electrical Pedestal (2 Sheets) Misc. Masonry Pilaster Standard Plans for Public Works Construction (SPPWC) Std 111-5 Curb Ramp (5 sheets) Std 405-1 Pull Boxes (2 Sheets) Std 600-3 Chain Link Fence & Gates (3 Sheets) Std 601-4 Reinforced Concrete Block Wall (6 sheets) Caltrans Plan B3-3A Retaining Wall Type 1A (Case 1) Riverside County Transportation Department (RCTD) Std 204 Type “D” Curb Std 311 Gutter Depression for Curb Opening Catch Basin Riverside County Flood Control (RCFC) Std MH252 Manhole No. 2 (2 Sheets) Std M803 Concrete Collar Coachella Valley Water District (CVWD) Dwg S1-B Manhole Collar Dwg S-5 Reinforced Precast Concrete Manhole Dwg S-6 Standard Clean Out Dwg S-46 Structural Encasement Dwg W-17 Valve Operator Well Installation Dwg W-19 Thrust Block Dwg W-40 Standard Casing Imperial Irrigation District (IID) 130-131 La Quinta Secondary Pullbox (2 Sheets) 147-148 Precast Concrete Transformer Pad Single Phase (2 Sheets) 167-168 Trench Ground Wire Single Phase Trans Pad (2 Sheets) 175-176 Large Vault Equipment Enclosure (2 Sheets) 197-200 IID Equipment Clearances (4 sheets) 242-243 Primary Riser Pole (2 sheets) 7/6/22 7/6/22 WCBW/3LOLR=9"8"material, except as permitted by the Engineer.6"6"1’-0"Clr 3" 1’-2" 1’-0" 1’-6" Min 1’-0" Min 8"8"H=4’H=6’H=8’H=10’H=12’#5 @ 16WCB - SPREAD FOOTING SECTIONDESIGN SECTIONSYMBOLS:DESIGN CONDITIONS:2. For wall stem joint details seeB0-33-3andB0-33-41. For details not shown and drainage notes seeDESIGN NOTES:VERTICALDESIGN H CONSTRUCTION JOINTDESIGN HPLACE WATERSTOPREQUIREDAS SHOWN WHEN FINISHED GRADEBEHIND WALLS.DESIGN HTABLE OF REINFORCING STEEL, DIMENSIONS AND DATANOTES:12’10’8’6’4’Str: B’, qPONDING. TO BE DONE AFTER REMOVALBACKFILL SUFFICIENTLY TO PREVENTOF WALL FORMS AND BEFORE BACKFILLINGc BARSd BARSooooSer: B’, q’oLOLFSRETAINING WALLCONFIGURATIONOPTIONAL KEYLOAD SURCHARGEVARIABLE LIVEPlace concrete in toe against undisturbed#4 @ 163" Clr 8"8"BARRIERCONCRETE SHOWN ELSEWHEREREINFORCEMENTDIMENSIONS ANDis incapable of supporting bearing stress listed in the table.Special footing design is required where foundation materialDesign H may be exceeded by 6" before going to the next size.LS:Varied surcharge on level ground surface CT: DESIGN:SOIL:REINFORCEDCONCRETE:4th Edition with California AmendmentsAASHTO LRFD Bridge Design Specifications,fy = 60,000 psif’c = 3,600 psiQ = 1.00DC+1.00EV+1.00EH+1.00CTQ = 1.00DC+1.00EV+1.00EH+1.00EQD+1.00EQEQ = DC+ EV+ EH+1.75LS Q = 1.00DC+1.00EV+1.00EH+1.00LS Service I Strength I Extreme I Extreme IISEISMIC:˚ = 120 pcf = 34^ k = 0.0k = 0.2vhELEVATION2"Clr7’-0" 2’-3" 4’-9" 6.7, 0.8 6.6, 1.6 7’-0" 2’-3" 4’-9" 6.7, 1.0 5.2, 1.7 7’-3" 2’-3" 5’-0" 6.3, 1.3 3.7, 2.2 7’-5" 2’-5" 5’-0" 5.8, 1.6 2.8, 3.3 8’-2" 2’-7" 5’-7" 6.2, 1.9 3.0, 3.9 2"ClrDESIGN H 1’-0" CT: EQD: EQE: LS: EV: EH: DC: : : : Q:Where:10"10"9"#6 @ 9#5 @ 9#6 @ 9#5 @ 9#7 @ 10#6 @ 10#7 @ 8#7 @ 8#7 @ 8#7 @ 81’-0"#5 @ 18#5 @ 18Stem Architectural Treatment of thickness up to 6" of concrete (75 psf) considered DC:Force Effects 1.25 or 0.90, Whichever Controls Design 1.35 or 1.00, Whichever Controls Design 1.50 or 0.90, Whichever Controls Design Dead Load of Structure Components Horizontal Earth Fill Pressure Vertical Earth Pressure from Earth Fill Weight Live Load Surcharge Seismic Earth Pressure Soil and Structural and Nonstructural Components Inertia Vehicular Collision Force LOAD COMBINATIONS AND LIMIT STATES:o Ext I: B’, qExt II: B’, qFG WHEN USED WITH BARRIERSEE "STEM HAUNCH DETAIL"OF WALL ARE SHOWN ELSEWHERE,APPROPRIATE DETAILS AT TOPFGSer - service limit state I Str - strength limit state I Ext I - extreme event limit state I Ext II - extreme event limit state IIB’ - effective footing width (ft)q - gross uniform bearing stress (ksf)q’ - net bearing stress (ksf), OG assumed to be FG at toe STEM HAUNCH DETAILc BARSc BARSd BARSSEE NOTE 4c BARS,ADDITIONAL5.6, 0.94.8, 1.44.1, 2.03.1, 3.22.7, 4.52.8, 1.92.7, 2.52.8, 3.02.6, 3.73.4, 3.6 expansion joints, begin wall and end wall location. c bars over a distance of 8’-0" measured from all4. Provide #6 @ 8" c bars in addition to tabulated above the top of footing. H > 6’, no splices are allowed within H/4 above the top of footing. H < 6’, no splices are allowed within 1’-8"3. At c bars:Distribution below footing taken no less than 40’.and 1 : 1 distribution down and outward.distributed over 10 feet at the top of wall54 kip transverse force applied at He = 32",COUNTYROUTEPOST MILESTOTAL PROJECTSHEETTOTALSHEETSPLANSAPPROVALDATEREGISTERED CIVIL ENGINEERDistNo.THE STATE OF CALIFORNIA OR ITS OFFICERSOR AGENTS SHALL NOT BE RESPONSIBLE FORCOPIES OF THIS PLAN SHEET.No.Exp.RE G IST ERED P ROFESSIONAL ENGINEERSTATE OF CALI FOR NIACIVILTHE ACCURACY OR COMPLETENESS OF SCANNEDRETAINING WALL TYPE 1A (CASE 1)STATE OF CALIFORNIADEPARTMENT OF TRANSPORTATION B3-5Gary WangC58298 6-30-182018 STANDARD PLAN B3-3ANO SCALE1-29-18B3-3A331May 31, 2018Return to Table of Contents * ˝ , 6 1/2" 7" 7 1/2" 7 3/4" 8" 8 1/2" 9" 9 1/4" 9 1/2" 36" 39" 42" 45" 48" 51" 54" 57" 60" F * ˝ , F 10" 10 1/4" 10 3/4" 11" 11 3/4" 12 1/2" 13 1/4 14" 63" 66" 69" 72" 78" 84" 90" 96" 102" 108" 114" 120" 126" 132" 138" 144" 15 1/2" 16" 16 1/2" 17" 17" 17 1/2" 17 1/2" 18" OPTIONAL OUTSIDE FACE OF CONCRETE #4 H BARS 3’-0" LONG 4’-0" PLAN TABLE OF VALUES FOR "F" * USE ˝ , OR WHICHEVER IS GREATER DETAIL M (SEE NOTE 3)FTO 3" RADIUS F FFROUND EDGES FOR PAVED STREETS 11"8 1/2" MAX MIN UNPAVED STREETS 16"15" VARIABLE 6" 6" 6" 6" 2’-0"8"OMIT THIS STEP IN PAVED STREETS STREET GRADE 1’-4"1’-4"16" FOR PAVED STREETS26" FOR UNPAVED STREETSCONCRETE RINGS 5" X 1" RING SEAT J BARS H BARSH BARS SECTION B-B SECTION A-A 2"2’-4"2’-4"FF˝FFPP ROUND EDGES TO 3" RADIUS D BARS STATIONE BAR PIPE SEAT LEVEL SEE NOTE 4 GRADE POINTS SEE NOTE 8 ROUND EDGES TO 3" RADIUS F F F#4 @ 18" O.C., BOTHWAYS TO BE USED WHEN ˝ IS 60" OR OVER16"4"2"5" x 2" PIPE SEAT 3/4" — GALV. STEEL STEPS SEE STD DWG MH259 STREET GRADE MANHOLE FRAME AND COVER SEE STD. DWG. MH260 SEE STD. DWG. MH257 CONCRETE RINGS AND REDUCER MINIMUM 3’-6" WITH UNPAVED STREETS SEE NOTE 3 E BARS J BARS TIE BAR SPRING LINE INLET ELEV APPLIES AT THIS POINT 24" 36" PLAN (SHAFT NOT SHOWN) F F˝ F F 3" O.C. TIE BAR #6 E BARS 3’-3" LONG D BARS TO 3" RADIUS ROUND EDGES RADIUS= ID OF SPUR OR 3’-0" MAX. 3 #4 J BARS 4’-8" LONG, 3" O.C. 6" O.C. TO INSIDE EDGE OF MANHOLE TIE BARPPABBA E BARS TIE BARS E BARS TIE BARL #4 @ 18" O.C. 3" O.C. D BARS MINIMUM 2’-10 1/2" WITH PAVED STREETS STATION CONTINUE ADD’L. BARS APPROVED BY: DATE: RIVERSIDE COUNTY FLOOD CONTROL WATER CONSERVATION DISTRICT CHIEF ENGINEER R.C.E. NO. 32336DATE: AND R.E. No. 44684 RECOMMENDED FOR APPROVAL BY: CHIEF, DESIGN & CONSTRUCTION 14"14"05 STANDARD DRAWING NUMBER MH252 SHEET 1 OF 2JANUARY 2011 JANUARY 2011 MANHOLE NO. 2 NOTES REINFORCING STEEL SHALL BE ROUND, DEFORMED, STRAIGHT BARS, 1 1/2" CLEAR FROM INSIDE FACE OF CONCRETE UNLESS STEPS SHALL BE 3/4" ROUND, GALVANIZED STEEL AND ANCHORED NOT LESS THAN 4" IN THE WALLS OF STRUCTURE UNLESS OTHERWISE SHOWN THE SPACING SHALL BE 16". THE LOWEST STEP SHALL BE NOT MORE THAN 2’-0" ABOVE THE INVERT. SEE STD DWG MH259. RINGS, REDUCER AND PIPE FOR ACCESS SHAFT BE SEATED IN CEMENT MORTAR AND NEATLY POINTED OR WIPED INSIDE SHAFT. STATIONS OF MANHOLES SHOWN ON PLAN APPLY AT CENTER OF SHAFT ELEVATIONS SHOWN AT STATIONS REFER TO PROLONGED INVERT GRADE LINES. BODY OF MANHOLE SHALL BE POURED IN ONE CONTINUOUS OPERATION, EXCEPT THAT THE CONSTRUCTION JOINT ˝ = OVER 96", L= 6’-0", P= 8" CENTER OF MANHOLE SHAFT SHALL BE LOCATED OVER CENTER LINE OF STORM DRAIN WHEN DIAMETER IS 48" OR LESS, OR 3’-6" FOR UNPAVED STREET, CONSTRUCT MONOLITHIC SHAFT AS PER DETAIL M. SHAFT FOR ANY DEPTH OF MANHOLE MAY BE CONSTRUCTED AS PER DETAIL M. WHEN DIAMETER IS 48" OR LESS, CENTER OF SHAFT MAY BE LOCATED AS PER NOTE 2. THICKNESS OF DECK SHALL VARY WHEN NECESSARY TO PROVIDE LEVEL PIPE SEAT, BUT SHALL NOT BE LESS THAN FOR ˝ = 96" OR LESS, L= 5’-6", P= 5’ L MAY BE INCREASED OR LOCATION OF MANHOLE SHIFTED TO MEET PIPE ENDS WHEN L IS GREATER THAN THAT SHOWN ABOVE IS SPECIFIED D BARS SHALL BE CONTINUED 6" O.C. STRUCTURAL CONCRETE SHALL BE CLASS "A". TABLE OF VALUES FOR F ARE ON PLAN SHEET 1. IN WHICH CASE PLACE E BARS SYMETRICALLY AROUND SHAFT AT 45 WITH CENTERLINE AND OMIT J BARS. OTHERWISE SHOWN. FLOOR OF MANHOLE SHALL BE STEEL TROWELED TO SPRINGLINE. WITH A LONGITUDINAL KEYWAY MAY BE PLACED AT THE SPRINGLINE. CENTERLINE OF INLET PIPE TO INTERSECT INSIDE FACE OF CONE AT SPRINGLINE UNLESS SHOWN OTHERWISE. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. DETAIL M WHEN DEPTH OF MANHOLE FROM STREET GRADE TO TOP OF BOX IS LESS THAN 2’-10 1/2" FOR PAVED STREET TABULAR VALUES FOR F SHOWN ON PLAN SHEET 1. LENGTH L AND EMBEDMENT P SHALL HAVE THE FOLLOWING VALUES, UNLESS OTHERWISE SHOWN ON THE PLAN TIE BARS SHALL BE #4 BARS. D BARS SHALL BE #4 FOR ˝ = 39" OR LESS #5 FOR ˝ 42" TO 84" INCLUSIVE AND #6 FOR ˝ = 90" OR OVER WHERE PRESSURE MANHOLE NO. 2 IS SPECIFIED ON PLANS SEE STD DWG MH256 AND MH258. MANHOLE NO. 2 STANDARD DRAWING NUMBER MH252 SHEET 2 OF 2 APPROVED BY: DATE: RIVERSIDE COUNTY FLOOD CONTROL WATER CONSERVATION DISTRICT CHIEF ENGINEER R.C.E. NO. 32336DATE: AND R.E. No. 44684 RECOMMENDED FOR APPROVAL BY: CHIEF, DESIGN & CONSTRUCTION APPROVED BY: DATE: RIVERSIDE COUNTY FLOOD CONTROL WATER CONSERVATION DISTRICT CHIEF ENGINEER R.C.E. NO. 32336DATE: AND R.E. No. 44684 RECOMMENDED FOR APPROVAL BY: CHIEF, DESIGN & CONSTRUCTION JANUARY 2011 JANUARY 2011 S-1BDRAWING NUMBER: MANHOLE COLLAR IN HEAVY TRAFFIC AREA FRAME & COLLAR OUT OF PAVEMENT IN PAVEMENT NONRESIDENTIAL SECTION A-A ROADWAYS Approval Date: Draft 09/18 JOINT DETAIL PLAN OF BASE SECTIONAL ELEVATION A-A TOP RING DETAIL AA CONCRETE MANHOLE REINFORCED PRECAST S-5Approval Date: Draft 09/18 DRAWING NUMBER: A SECTION A-A A STANDARD CLEAN-OUT S-6 “” “” “” Approval Date: Draft 09/18 DRAWING NUMBER: STRUCTURAL ENCASEMENT OF DRAIN CONSTRUCTION DETAIL FOR S-46 A A SECTION A-A Approval Date: Draft 09/18 DRAWING NUMBER: VALVE OPERATOR WELL INSTALLATION DETAIL OF DOMESTIC WATER W-17DRAWING NUMBER: CALLBEFOREDIGGING (760) 398-xxxx CVWD C A U T I O N w A T E R 10'OFFSET P I P E L I N E AV Approval Date: Draft 09/18 DETAIL OF CONCRETE THRUST BLOCKS W-19/S-19DRAWING NUMBER:Approval Date: Draft 09/18 W-40DRAWING NUMBER:STANDARD CASINGDOMESTIC WATER MAINSFORApproval Date: Draft 09/18 4.5 130 NOTE: SWEEPS AND CONDUITS PVC MATERIAL ONLY. 4.6 Single secondary riser with above ground pullbox. See 4.7 Standard 181.11 4.6.1 Contractor shall perform all trenching refer to section 3 4.6.2 Contractor shall install conduit runs, pullbox and riser material (up to first 10’ stick of schedule 80 PVC on pole (utilize IID provided stand-off bracket to maintain correct clearance from pole) Contact Customer Project Development Services office for location of pole. 4.6.2 Contractor shall install pull rope in conduit run between pullbox and meter. Refer to 3.44 Table 8 Conduit Rope/Measured Rope Requirements. 4.6.3 Contractor shall call Customer Project Development Services for trench inspection. Inspections are subject to a minimum 48 hour advance notice and are by appointment only. 4.6.3.1 Imperial Valley (760) 482-3300 4.6.3.2 Coachella Valley (760) 398-5828 4.6.4 Contractor shall backfill after IID inspector’s approval. Trench shall be free of rocks adjacent to conduit & pullbox. 4.6.5 Contact Customer Project Development Services for specifications on commercial services 4.6.6 All PVC joints shall be cemented with approved PVC cement 131 147 148 167 168 175 176 6.3.1 197 6.3.2 Noncombustible – Building surfaces or materials approved by the uniform building code as having a minimum fire rating of one hour include but not limited to: 6.3.2.1.1 Steel studded drywall 6.3.2.1.2 Steel studded stucco or other materials on steel studs having minimum fire rating of one hour. 6.3.2.1.3 Brick or stone 6.3.2.1.4 Tile 6.3.2.1.5 Concrete 6.3.2.1.6 Iron or steel 6.3.3 Combustible – Building surfaces or materials include but not limited to: 6.3.3.1.1 Wood studded stucco 6.3.3.1.2 Wood studded drywall 6.4 Pre-cast concrete pads, vaults, and sector sleeves are to be installed 1 foot (12”) from back of existing or proposed sidewalk. When barrier post(s) are required to protect IID structures, barrier post(s) will be installed 1 foot (12”) from back of sidewalk. All Pre-cast concrete pads, vaults, and sector sleeves to be installed 25 feet from handicap ramps. 198 6.5 Required clearances from any IID transformer to other utilities is 18” on sides or back of transformer the 18” is measured from the transformer pad. See 6.6 Standard 202.4 6.5.1 Barrier posts required refer to 5.31 Standard 181.6. 6.5.2 Barrier posts not required transformer precast pad shall have a 12” offset behind sidewalk. See 6.4. Refer to 6.6 Standard 202.4 6.5.3 Transformer pad working clearance refer to 6.7 Standard 202.5 6.5.3.1 Working clearance in front or opening of transformer ten feet (10’) measurement is from edge of pad. See 6.7 Standard 202.5 6.5.3.2 Working clearance on each side of transformer three feet (3’) measurement is from edge of pad. See 6.7 Standard 202.5 6.5.3.3 Working clearance behind transformer is three feet (3’) measurement is from edge of pad. See 6.7 Standard 202.5 199 200 9.0 242 NOTE: SWEEPS AND CONDUITS PVC MATERIAL ONLY. 9.1 243 NOTE: SWEEPS AND CONDUITS PVC MATERIAL ONLY. APPENDIX C Project Permits Section 401 – Water Quality, Colorado River Basin Regional Water Quality Control Board Section 404 – Clean Water Act, Corps of Engineers Section 1602 – Streambed Alteration Agreement Letter, CA Department of Fish & Wildlife Coachella Valley Water District (CVWD), Construction Encroachment Permit DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, U.S. ARMY CORPS OF ENGINEERS 915 WILSHIRE BOULEVARD, SUITE 930 LOS ANGELES, CALIFORNIA 90017 November 7, 2018 Bryan McKinney, Senior Environmental Planner City of La Quinta 862 E Hospitality Ln San Bernardino, California 92408 DEPARTMENT OF THE ARMY NATIONWIDE PERMIT VERIFICATION Dear Mr. McKinney: I am responding to your request (Corps File No. SPL-2018-00491-LOB) for a Department of the Army permit for the La Quinta/Dune Palms Road Bridge Replacement of Low Water Crossing Project located along Dune Palms Road over the Coachella Valley Storm Water Channel (CVSC) north of Highway 11 and south of Blackhawk Way/Westward Ho Drive in the City of La Quinta within Riverside County, California (Latitude 33.710833°, Longitude - 116.277777°). (Figures 1-2) Because implementation of this project would result in a discharge of dredged and/or fill material into waters of the United States, a Department of the Army permit is required pursuant to section 404 of the Clean Water Act (33 U.S.C. 1344; 33 C.F.R. parts 323 and 330). I have determined your proposed project, if constructed as described in your application, would comply with Nationwide Permit (NWP) 14 – Linear Transportation Projects and NWP 33- Temporary Construction, Access, and Dewatering. Specifically, you are authorized (as shown on the enclosed figures) to conduct the following regulated activities: 1. Discharge permanent fill material into approximately 0.02 acre (20 linear feet) of non- wetland waters of the U.S., including the discharge of 300 cubic yards of concrete for the installation of 4 bridge columns within the CVSC; 2. Temporarily discharge dredged or fill material into approximately 0.72 acre of non- wetland waters of the U.S. for: a.A bypass road of approximately 0.35 acre that would be removed once the bridge is finalized; and b. Dredge approximately 0.24 acre for construction access, grading, and excavation. 3. Temporary impact 0.01 acre of wetland waters of the U.S. to remove a storm drain outlet. For this NWP verification letter to be valid, you must comply with all of the terms and conditions in Enclosure 1. Furthermore, you must comply with the non-discretionary Special Conditions listed below: - 2 - Special Conditions: 1. This NWP verification is contingent upon the issuance of a section 401 Water Quality Certification (WQC) from the Regional Water Quality Control Board (RWQCB). The Permittee shall abide by the terms and conditions of the section 401 WQC. The Permittee shall submit the section 401 WQC to the Corps Regulatory Division (preferably via email) within two weeks of receipt from the issuing state agency. The Permittee shall not proceed with work within waters of the United States until receiving an e-mail or other written notification from Corps Regulatory Division acknowledging the section 401 WQC has been received, reviewed, and determined to be acceptable. If the RWQCB fails to act on a valid request for certification within two months after receipt of a complete application, please notify the Corps Regulatory Division so we may consider whether a waiver of water quality certification has been obtained. 2. Within 45 calendar days of completion of authorized work in waters of the U.S., the Permittee shall submit to the Corps Regulatory Division a post-project implementation memorandum including the following information: a.Date(s) work within waters of the U.S. was initiated and completed; b.Summary of compliance status with each special condition of this permit (including any noncompliance that previously occurred or is currently occurring and corrective actions taken or proposed to achieve compliance); c.Color photographs (including map of photo points) taken at the project site before and after construction for those aspects directly associated with permanent impacts to waters of the U.S. such that the extent of authorized fills can be verified; d. One copy of "as built" drawings for the entire project. Electronic submittal (Adobe PDF format) is preferred. All sheets must be signed, dated, and to-scale. If submitting paper copies, sheets must be no larger than 11 x 17 inches; and e.Signed Certification of Compliance (attached as part of this permit package). 3. Pursuant to 36 C.F.R. section 800.13, in the event of any discoveries during construction of either human remains, archeological deposits, or any other type of historic property, the Permittee shall notify the Corps' Archaeology staff (Danielle Storey at 213-452-3845 OR Meg McDonald at 213-452-3849) and Corps Regulatory Division (Luis O. Betancourt- Massanet at 213-452-3375 or Stephanie Hall at 213-452-3410) within 24 hours. The Permittee shall immediately suspend all work in any area(s) within 100 feet of where potential cultural resources are discovered. The Permittee shall not resume construction in the area surrounding the potential cultural resources until the Corps Regulatory Division re- authorizes project construction, per 36 C.F.R. section 800.13. 4. The Permittee shall place orange safety fencing during construction to restrict entry to the parcel where site P-33-16950 (CA-RIV-8835) is located. Additionally, ground disturbing - 3 - activities in the Area of Direct Impact in the site vicinity shall be observed by archaeological and Native American monitors 5. The Permittee shall discharge only clean construction materials in and along waters of the U.S. The Permittee shall ensure no debris, soil, silt, sand, sawdust, rubbish, cement or concrete washings thereof, oil or petroleum products, from construction shall be allowed to enter into or placed where it may be washed by rainfall or runoff into waters of the United States. Upon completion of the project authorized herein, any and all excess material or debris shall be completely removed from the work area and disposed of in an appropriate upland site. 6. No later than one month following completion of authorized work in waters of the U.S., the Permittee shall ensure all sites within waters of the U.S. subject to authorized, temporary impacts are restored to pre-project alignments, elevation contours, and conditions to the maximum extent practicable to ensure expeditious resumption of aquatic resource functions. In addition, within 4 months of initial occurrence of project impacts to waters of the U.S., the Permittee shall hydroseed, where possible, the disturbed portions of the earthen stream banks and bottom and floodplain, as appropriate, with native, non-invasive species, as appropriate to the affected areas, to reduce the potential for erosion. The Permittee shall submit the proposed native planting palette for review and approval by the Corps Regulatory Division at least 30 days prior to initiation of construction. The Permittee shall ensure the affected areas (disturbed stream channel bottoms and banks and hydroseeded/replanted areas) are maintained and monitored annually for a period of three years after completing the native seeding activities, such that less than 10 percent (absolute cover) of the drainages disturbed by the project are vegetated by non-native and invasive plant species. For each project drainage feature, the Permittee shall submit to the Corps Regulatory Division a memorandum by December 31th after completion of the minimum three-year maintenance and monitoring period. The memo shall indicate for each project crossing/aquatic impact area, when temporary construction areas were re-contoured to pre-construction conditions, when native seeding was completed, the species and percent cover (absolute) of invasive and/or non- invasive plant species that occur onsite each year prior to treatment, and when and how many/the extent of invasive and/or non-invasive plant species that were removed each year. This verification is valid through March 18, 2022. If on March 18, 2022, you have commenced or are under contract to commence the permitted activity, you will have an additional twelve (12) months to complete the activity under the present NWP terms and conditions. However, if I discover noncompliance or unauthorized activities associated with the permitted activity, I may request the use of discretionary authority in accordance with procedures in 33 C.F.R. § 330.4(e) and 33 C.F.R. §§ 330.5(c) or (d) to modify, suspend, or revoke this specific verification at an earlier date. Additionally, at the national level, the Chief of Engineers, any time prior to March 18, 2022, may choose to modify, suspend, or revoke the nationwide use - 4 - of a NWP after following procedures set forth in 33 CFR § 330.5. It is incumbent upon you to comply with all of the terms and conditions of this NWP verification and to remain informed of any change to the NWPs. A NWP does not grant any property rights or exclusive privileges. Additionally, it does not authorize any injury to the property, rights of others, nor does it authorize interference with any existing or proposed Federal project. Furthermore, it does not obviate the need to obtain other Federal, state, or local authorizations required by law. Thank you for participating in the regulatory program. If you have any questions, please contact Luis Betancourt-Massanet at 213-452-3845 or via e-mail at Luis.O.BetancourtMassanet@usace.army.mil. Please help me to evaluate and improve the regulatory experience for others by completing the customer survey form at http://corpsmapu.usace.army.mil/cm_apex/f?p=regulatory_survey. Sincerely, Gerardo Salas Senior Project Manager Orange and Riverside Counties Section South Coast Branch Regulatory Division Enclosures LOS ANGELES DISTRICT U.S. ARMY CORPS OF ENGINEERS CERTIFICATE OF COMPLIANCE WITH DEPARTMENT OF THE ARMY NATIONWIDE PERMIT Permit Number: SPL-2018-00491-LOB Name of Permittee: City of La Quinta (POC: Bryan McKinney) Date of Issuance: November 7, 2018 Upon completion of the activity authorized by this permit and the mitigation required by this permit, sign this certificate, and return it by ONE of the following methods; 1) Email a digital scan of the signed certificate to Luis.O.BetancourtMassanet@usace.army.mil OR 2) Mail the signed certificate to U.S. Army Corps of Engineers ATTN: Regulatory Division (SPL-2018-00491-LOB) 915 Wilshire Boulevard, Suite 930 Los Angeles, California 90017 I hereby certify that the authorized work and any required compensatory mitigation has been completed in accordance with the NWP authorization, including all general, regional, or activity- specific conditions. Furthermore, if credits from a mitigation bank or in-lieu fee program were used to satisfy compensatory mitigation requirements I have attached the documentation required by 33 C.F.R. § 332.3(l)(3) to confirm that the appropriate number and resource type of credits have been secured. ___________________________________ ________________________________ Signature of Permittee Date Dune Palms Rd.Project Location Indio BermudaDunes IndianWells La Quinta PalmDesert La QuintaHigh School La Quinta C h a n n el Coachel l aCana l Coachella CanalCoachella CanalJEFFERSON STE I S E N H O W E R D R BURR STAVE 50 W ASHIN GTO N ST 44TH AVE 50TH AVE FRED WARING DR AVE 48 £¤111 Exhibit 1.2 Project Location 2014-173 La Quinta Dune Palms Map Date: 3/13/2015Source: ESRILocation: N:\2014\2014-173 La Quinta Dune Palms\MAPS\Location_Vicinity\LQDP_Location_NES.mxd (MAG)-mguidry 3/26/2015 I 0 0.5 Miles Exhibit 4.2 Jurisdictional Delineation Temporary Impacts Map Date: 4/24/2015 Photo Source: Esri 2014-173 La Quinta Dune PalmsLocation: \\rocklin\mapping data\2014\2014-173 La Quinta Dune Palms\MAPS\Wetland_Mapping\Wetland_Delineation\v1\LQDP_JD_V1_TempImpacts.mxd (MAG)-mguidry 4/24/2015 !>!> Coachella Val l e y S t o r m C h a n n e lDune Palms RdDune Palms RdCorporat e C e n t r e D r Corporat e C e n t r e D r sp1 sp1a Temporary Construction Easement Temporary Impacts !>Sample Point Existing Low Flow Crossing Waters of the US / State Intermittent Stream / Streambed(2.20 ac - 490 linear feet) Wetland / Freshwater Marsh(0.28 acres - 15 linear feet) I 0 200 Scale in Feet Exhibit 4.3 Jurisdictional Delineation Permanent Impacts Map Date: 4/24/2015 Photo Source: Esri 2014-173 La Quinta Dune PalmsLocation: \\rocklin\mapping data\2014\2014-173 La Quinta Dune Palms\MAPS\Wetland_Mapping\Wetland_Delineation\v1\LQDP_JD_V1_PermImpacts.mxd (MAG)-mguidry 4/24/2015 !>!> Coachella Val l e y S t o r m C h a n n e lDune Palms RdDune Palms RdCorporat e C e n t r e D r Corporat e C e n t r e D r sp1 sp1a Temporary Construction Easement Permanent Impacts !>Sample Point Existing Low Flow Crossing Waters of the US / State Intermittent Stream / Streambed(2.20 ac - 490 linear feet) Wetland / Freshwater Marsh(0.28 acres - 15 linear feet) I 0 200 Scale in Feet Enclosure 1: NATIONWIDE PERMIT NUMBER(S) NWP 14 Linear Transportation Projects and NWP 33 Temporary Construction, Access, and Dewatering 1. Nationwide Permit(s) NWP 14 Linear Transportation Projects and NWP 33 Temporary Construction, Access, and Dewatering Terms: 14. Linear Transportation Projects. Activities required for crossings of waters of the United States associated with the construction, expansion, modification, or improvement of linear transportation projects (e.g., roads, highways, railways, trails, airport runways, and taxiways) in waters of the United States. For linear transportation projects in non-tidal waters, the discharge cannot cause the loss of greater than 1/2-acre of waters of the United States. For linear transportation projects in tidal waters, the discharge cannot cause the loss of greater than 1/3-acre of waters of the United States. Any stream channel modification, including bank stabilization, is limited to the minimum necessary to construct or protect the linear transportation project; such modifications must be in the immediate vicinity of the project. This NWP also authorizes temporary structures, fills, and work, including the use of temporary mats, necessary to construct the linear transportation project. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary structures, work, and discharges, including cofferdams, are necessary for construction activities, access fills, or dewatering of construction sites. Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by expected high flows. Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations. The areas affected by temporary fills must be revegetated, as appropriate. This NWP cannot be used to authorize non- linear features commonly associated with transportation projects, such as vehicle maintenance or storage buildings, parking lots, train stations, or aircraft hangars. Notification: The permittee must submit a pre- construction notification to the district engineer prior to commencing the activity if: (1) the loss of waters of the United States exceeds 1/10-acre; or (2) there is a discharge in a special aquatic site, including wetlands. (See general condition 32.) (Authorities: Sections 10 and 404) Note 1: For linear transportation projects crossing a single waterbody more than one time at separate and distant locations, or multiple waterbodies at separate and distant locations, each crossing is considered a single and complete project for purposes of NWP authorization. Linear transportation projects must comply with 33 CFR 330.6(d). Note 2: Some discharges for the construction of farm roads or forest roads, or temporary roads for moving mining equipment, may qualify for an exemption under section 404(f) of the Clean Water Act (see 33 CFR 323.4). Note 3: For NWP 14 activities that require pre-construction notification, the PCN must include any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity, including other separate and distant crossings that require Department of the Army authorization but do not require pre-construction notification (see paragraph (b) of general condition 32). The district engineer will evaluate the PCN in accordance with Section D, ¿District Engineer¿s Decision.¿ The district engineer may require mitigation to ensure that the authorized activity results in no more than minimal individual and cumulative adverse environmental effects (see general condition 23). 33. Temporary Construction, Access, and Dewatering. Temporary structures, work, and discharges, including cofferdams, necessary for construction activities or access fills or dewatering of construction sites, provided that the associated primary activity is authorized by the Corps of Engineers or the U.S. Coast Guard. This NWP also authorizes temporary structures, work, and discharges, including cofferdams, necessary for construction activities not otherwise subject to the Corps or U.S. Coast Guard permit requirements. Appropriate measures must be taken to maintain near normal downstream flows and to minimize flooding. Fill must consist of materials, and be placed in a manner, that will not be eroded by expected high flows. The use of dredged material may be allowed if the district engineer determines that it will not cause more than minimal adverse environmental effects. Following completion of construction, temporary fill must be entirely removed to an area that has no waters of the United States, dredged material must be returned to its original location, and the affected areas must be restored to preconstruction elevations. The affected areas must also be revegetated, as appropriate. This permit does not authorize the use of cofferdams to dewater wetlands or other aquatic areas to change their use. Structures left in place after construction is completed require a separate section 10 permit if located in navigable waters of the United States. (See 33 CFR part 322.) Notification: The permittee must submit a pre-construction notification to the district engineer prior to commencing the activity if the activity is conducted in navigable waters of the United States (i.e., section 10 waters) (see general condition 32). The preconstruction notification must include a restoration plan showing how all temporary fills and structures will be removed and the area restored to pre-project conditions. (Authorities: Sections 10 and 404) 2. General Conditions: The following general conditions must be followed in order for any authorization by an NWP to be valid: 1. Navigation. (a) No activity may cause more than a minimal adverse effect on navigation. (b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States. (c) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. All permanent and temporary crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. If a bottomless culvert cannot be used, then the crossing should be designed and constructed to minimize adverse effects to aquatic life movements. 3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized. 4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. 5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27. 6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see section 307 of the Clean Water Act). 7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization. 8. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable. 9. Management of Water Flows. To the maximum extent practicable, the pre-construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization, storm water management activities, and temporary and permanent road crossings, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre-construction course, condition, capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities). 10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA-approved state or local floodplain management requirements. 11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance. 12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods of low-flow or no-flow, or during low tides. 13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations. The affected areas must be revegetated, as appropriate. 14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including maintenance to ensure public safety and compliance with applicable NWP general conditions, as well as any activity-specific conditions added by the district engineer to an NWP authorization. 15. Single and Complete Project. The activity must be a single and complete project. The same NWP cannot be used more than once for the same single and complete project. 16. Wild and Scenic Rivers. (a) No NWP activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a “study river” for possible inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status. (b) If a proposed NWP activity will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a “study river” for possible inclusion in the system while the river is in an official study status, the permittee must submit a pre-construction notification (see general condition 32). The district engineer will coordinate the PCN with the Federal agency with direct management responsibility for that river. The permittee shall not begin the NWP activity until notified by the district engineer that the Federal agency with direct management responsibility for that river has determined in writing that the proposed NWP activity will not adversely affect the Wild and Scenic River designation or study status. (c) Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). Information on these rivers is also available at: http://www.rivers.gov/. 17. Tribal Rights. No NWP activity may cause more than minimal adverse effects on tribal rights (including treaty rights), protected tribal resources, or tribal lands. 18. Endangered Species. (a) No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under any NWP which “may affect” a listed species or critical habitat, unless ESA section 7 consultation addressing the effects of the proposed activity has been completed. Direct effects are the immediate effects on listed species and critical habitat caused by the NWP activity. Indirect effects are those effects on listed species and critical habitat that are caused by the NWP activity and are later in time, but still are reasonably certain to occur. (b) Federal agencies should follow their own procedures for complying with the requirements of the ESA. If pre-construction notification is required for the proposed activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation has not been submitted, additional ESA section 7 consultation may be necessary for the activity and the respective federal agency would be responsible for fulfilling its obligation under section 7 of the ESA. (c) Non-federal permittees must submit a pre-construction notification to the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat, and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that might affect Federally-listed endangered or threatened species or designated critical habitat, the pre- construction notification must include the name(s) of the endangered or threatened species that might be affected by the proposed activity or that utilize the designated critical habitat that might be affected by the proposed activity. The district engineer will determine whether the proposed activity “may affect” or will have “no effect” to listed species and designated critical habitat and will notify the non-Federal applicant of the Corps’ determination within 45 days of receipt of a complete pre-construction notification. In cases where the non-Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the activity, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification that the proposed activity will have “no effect” on listed species or critical habitat, or until ESA section 7 consultation has been completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (d) As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species-specific permit conditions to the NWPs. (e) Authorization of an activity by an NWP does not authorize the “take” of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with “incidental take” provisions, etc.) from the FWS or the NMFS, the Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word “harm” in the definition of “take'' means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering. (f) If the non-federal permittee has a valid ESA section 10(a)(1)(B) incidental take permit with an approved Habitat Conservation Plan for a project or a group of projects that includes the proposed NWP activity, the non-federal applicant should provide a copy of that ESA section 10(a)(1)(B) permit with the PCN required by paragraph (c) of this general condition. The district engineer will coordinate with the agency that issued the ESA section 10(a)(1)(B) permit to determine whether the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation conducted for the ESA section 10(a)(1)(B) permit. If that coordination results in concurrence from the agency that the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation for the ESA section 10(a)(1)(B) permit, the district engineer does not need to conduct a separate ESA section 7 consultation for the proposed NWP activity. The district engineer will notify the non-federal applicant within 45 days of receipt of a complete pre-construction notification whether the ESA section 10(a)(1)(B) permit covers the proposed NWP activity or whether additional ESA section 7 consultation is required. (g) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the FWS and NMFS or their world wide web pages at http://www.fws.gov/ or http://www.fws.gov/ipac and http://www.nmfs.noaa.gov/pr/species/esa/ respectively. 19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for ensuring their action complies with the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. The permittee is responsible for contacting appropriate local office of the U.S. Fish and Wildlife Service to determine applicable measures to reduce impacts to migratory birds or eagles, including whether “incidental take” permits are necessary and available under the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act for a particular activity. 20. Historic Properties. (a) In cases where the district engineer determines that the activity may have the potential to cause effects to properties listed, or eligible for listing, in the National Register of Historic Places, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied. (b) Federal permittees should follow their own procedures for complying with the requirements of section 106 of the National Historic Preservation Act. If pre-construction notification is required for the proposed NWP activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation is not submitted, then additional consultation under section 106 may be necessary. The respective federal agency is responsible for fulfilling its obligation to comply with section 106. (c) Non-federal permittees must submit a pre-construction notification to the district engineer if the NWP activity might have the potential to cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities, the pre-construction notification must state which historic properties might have the potential to be affected by the proposed NWP activity or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties. Assistance regarding information on the location of, or potential for, the presence of historic properties can be sought from the State Historic Preservation Officer, Tribal Historic Preservation Officer, or designated tribal representative, as appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre-construction notifications, district engineers will comply with the current procedures for addressing the requirements of section 106 of the National Historic Preservation Act. The district engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts, which may include background research, consultation, oral history interviews, sample field investigation, and field survey. Based on the information submitted in the PCN and these identification efforts, the district engineer shall determine whether the proposed NWP activity has the potential to cause effects on the historic properties. Section 106 consultation is not required when the district engineer determines that the activity does not have the potential to cause effects on historic properties (see 36 CFR 800.3(a)). Section 106 consultation is required when the district engineer determines that the activity has the potential to cause effects on historic properties. The district engineer will conduct consultation with consulting parties identified under 36 CFR 800.2(c) when he or she makes any of the following effect determinations for the purposes of section 106 of the NHPA: no historic properties affected, no adverse effect, or adverse effect. Where the non-Federal applicant has identified historic properties on which the activity might have the potential to cause effects and so notified the Corps, the non- Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects to historic properties or that NHPA section 106 consultation has been completed. (d) For non-federal permittees, the district engineer will notify the prospective permittee within 45 days of receipt of a complete pre-construction notification whether NHPA section 106 consultation is required. If NHPA section 106 consultation is required, the district engineer will notify the non-Federal applicant that he or she cannot begin the activity until section 106 consultation is completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (e) Prospective permittees should be aware that section 110k of the NHPA (54 U.S.C. 306113) prevents the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of section 106 of the NHPA, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic Preservation (ACHP), determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance, the Corps is required to notify the ACHP and provide documentation specifying the circumstances, the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. 21. Discovery of Previously Unknown Remains and Artifacts. If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit, you must immediately notify the district engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The district engineer will initiate the Federal, Tribal, and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 22. Designated Critical Resource Waters. Critical resource waters include, NOAA-managed marine sanctuaries and marine monuments, and National Estuarine Research Reserves. The district engineer may designate, after notice and opportunity for public comment, additional waters officially designated by a state as having particular environmental or ecological significance, such as outstanding national resource waters or state natural heritage sites. The district engineer may also designate additional critical resource waters after notice and opportunity for public comment. (a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. (b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, 38, and 54, notification is required in accordance with general condition 32, for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters. The district engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal. 23. Mitigation. The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal: (a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site (i.e., on site). (b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating for resource losses) will be required to the extent necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal. (c) Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland losses that exceed 1/10-acre and require pre-construction notification, unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse environmental effects of the proposed activity are no more than minimal, and provides an activity-specific waiver of this requirement. For wetland losses of 1/10-acre or less that require pre-construction notification, the district engineer may determine on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in only minimal adverse environmental effects. (d) For losses of streams or other open waters that require pre-construction notification, the district engineer may require compensatory mitigation to ensure that the activity results in no more than minimal adverse environmental effects. Compensatory mitigation for losses of streams should be provided, if practicable, through stream rehabilitation, enhancement, or preservation, since streams are difficult-to-replace resources (see 33 CFR 332.3(e)(3)). (e) Compensatory mitigation plans for NWP activities in or near streams or other open waters will normally include a requirement for the restoration or enhancement, maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open waters. In some cases, the restoration or maintenance/protection of riparian areas may be the only compensatory mitigation required. Restored riparian areas should consist of native species. The width of the required riparian area will address documented water quality or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the stream, but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns. If it is not possible to restore or maintain/protect a riparian area on both sides of a stream, or if the waterbody is a lake or coastal waters, then restoring or maintaining/protecting a riparian area along a single bank or shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian areas and/or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where riparian areas are determined to be the most appropriate form of minimization or compensatory mitigation, the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses. (f) Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332. (1) The prospective permittee is responsible for proposing an appropriate compensatory mitigation option if compensatory mitigation is necessary to ensure that the activity results in no more than minimal adverse environmental effects. For the NWPs, the preferred mechanism for providing compensatory mitigation is mitigation bank credits or in-lieu fee program credits (see 33 CFR 332.3(b)(2) and (3)). However, if an appropriate number and type of mitigation bank or in-lieu credits are not available at the time the PCN is submitted to the district engineer, the district engineer may approve the use of permittee-responsible mitigation. (2) The amount of compensatory mitigation required by the district engineer must be sufficient to ensure that the authorized activity results in no more than minimal individual and cumulative adverse environmental effects (see 33 CFR 330.1(e)(3)). (See also 33 CFR 332.3(f)). (3) Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, aquatic resource restoration should be the first compensatory mitigation option considered for permittee- responsible mitigation. (4) If permittee-responsible mitigation is the proposed option, the prospective permittee is responsible for submitting a mitigation plan. A conceptual or detailed mitigation plan may be used by the district engineer to make the decision on the NWP verification request, but a final mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2) through (14) must be approved by the district engineer before the permittee begins work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation (see 33 CFR 332.3(k)(3)). (5) If mitigation bank or in-lieu fee program credits are the proposed option, the mitigation plan only needs to address the baseline conditions at the impact site and the number of credits to be provided. (6) Compensatory mitigation requirements (e.g., resource type and amount to be provided as compensatory mitigation, site protection, ecological performance standards, monitoring requirements) may be addressed through conditions added to the NWP authorization, instead of components of a compensatory mitigation plan (see 33 CFR 332.4(c)(1)(ii)). (g) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2-acre, it cannot be used to authorize any NWP activity resulting in the loss of greater than 1/2-acre of waters of the United States, even if compensatory mitigation is provided that replaces or restores some of the lost waters. However, compensatory mitigation can and should be used, as necessary, to ensure that an NWP activity already meeting the established acreage limits also satisfies the no more than minimal impact requirement for the NWPs. (h) Permittees may propose the use of mitigation banks, in-lieu fee programs, or permittee-responsible mitigation. When developing a compensatory mitigation proposal, the permittee must consider appropriate and practicable options consistent with the framework at 33 CFR 332.3(b). For activities resulting in the loss of marine or estuarine resources, permittee-responsible mitigation may be environmentally preferable if there are no mitigation banks or in-lieu fee programs in the area that have marine or estuarine credits available for sale or transfer to the permittee. For permittee-responsible mitigation, the special conditions of the NWP verification must clearly indicate the party or parties responsible for the implementation and performance of the compensatory mitigation project, and, if required, its long-term management. (i) Where certain functions and services of waters of the United States are permanently adversely affected by a regulated activity, such as discharges of dredged or fill material into waters of the United States that will convert a forested or scrub-shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may be required to reduce the adverse environmental effects of the activity to the no more than minimal level. 24. Safety of Impoundment Structures. To ensure that all impoundment structures are safely designed, the district engineer may require non-Federal applicants to demonstrate that the structures comply with established state dam safety criteria or have been designed by qualified persons. The district engineer may also require documentation that the design has been independently reviewed by similarly qualified persons, and appropriate modifications made to ensure safety. 25. Water Quality. Where States and authorized Tribes, or EPA where applicable, have not previously certified compliance of an NWP with CWA section 401, individual 401 Water Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or State or Tribe may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality. 26. Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence, an individual state coastal zone management consistency concurrence must be obtained, or a presumption of concurrence must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements. 27. Regional and Case-By-Case Conditions. The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency determination. 28. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is prohibited, except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed 1/3-acre. 29. Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with a nationwide permit verification, the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide permit verification must be attached to the letter, and the letter must contain the following statement and signature: “When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred, the terms and conditions of this nationwide permit, including any special conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer of this nationwide permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.” _____________________________________________ (Transferee) _____________________________________________ (Date) 30. Compliance Certification. Each permittee who receives an NWP verification letter from the Corps must provide a signed certification documenting completion of the authorized activity and implementation of any required compensatory mitigation. The success of any required permittee-responsible mitigation, including the achievement of ecological performance standards, will be addressed separately by the district engineer. The Corps will provide the permittee the certification document with the NWP verification letter. The certification document will include: (a) A statement that the authorized activity was done in accordance with the NWP authorization, including any general, regional, or activity-specific conditions; (b) A statement that the implementation of any required compensatory mitigation was completed in accordance with the permit conditions. If credits from a mitigation bank or in-lieu fee program are used to satisfy the compensatory mitigation requirements, the certification must include the documentation required by 33 CFR 332.3(l)(3) to confirm that the permittee secured the appropriate number and resource type of credits; and (c) The signature of the permittee certifying the completion of the activity and mitigation. The completed certification document must be submitted to the district engineer within 30 days of completion of the authorized activity or the implementation of any required compensatory mitigation, whichever occurs later. 31. Activities Affecting Structures or Works Built by the United States. If an NWP activity also requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers (USACE) federally authorized Civil Works project (a “USACE project”), the prospective permittee must submit a pre-construction notification. See paragraph (b)(10) of general condition 32. An activity that requires section 408 permission is not authorized by NWP until the appropriate Corps office issues the section 408 permission to alter, occupy, or use the USACE project, and the district engineer issues a written NWP verification. 32. Pre-Construction Notification. (a) Timing. Where required by the terms of the NWP, the prospective permittee must notify the district engineer by submitting a pre-construction notification (PCN) as early as possible. The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and, if the PCN is determined to be incomplete, notify the prospective permittee within that 30 day period to request the additional information necessary to make the PCN complete. The request must specify the information needed to make the PCN complete. As a general rule, district engineers will request additional information necessary to make the PCN complete only once. However, if the prospective permittee does not provide all of the requested information, then the district engineer will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the district engineer. The prospective permittee shall not begin the activity until either: (1) He or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer; or (2) 45 calendar days have passed from the district engineer’s receipt of the complete PCN and the prospective permittee has not received written notice from the district or division engineer. However, if the permittee was required to notify the Corps pursuant to general condition 18 that listed species or critical habitat might be affected or are in the vicinity of the activity, or to notify the Corps pursuant to general condition 20 that the activity might have the potential to cause effects to historic properties, the permittee cannot begin the activity until receiving written notification from the Corps that there is “no effect” on listed species or “no potential to cause effects” on historic properties, or that any consultation required under Section 7 of the Endangered Species Act (see 33 CFR 330.4(f)) and/or section 106 of the National Historic Preservation Act (see 33 CFR 330.4(g)) has been completed. Also, work cannot begin under NWPs 21, 49, or 50 until the permittee has received written approval from the Corps. If the proposed activity requires a written waiver to exceed specified limits of an NWP, the permittee may not begin the activity until the district engineer issues the waiver. If the district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN, the permittee cannot begin the activity until an individual permit has been obtained. Subsequently, the permittee’s right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b) Contents of Pre-Construction Notification: The PCN must be in writing and include the following information: (1) Name, address and telephone numbers of the prospective permittee; (2) Location of the proposed activity; (3) Identify the specific NWP or NWP(s) the prospective permittee wants to use to authorize the proposed activity; (4) A description of the proposed activity; the activity’s purpose; direct and indirect adverse environmental effects the activity would cause, including the anticipated amount of loss of wetlands, other special aquatic sites, and other waters expected to result from the NWP activity, in acres, linear feet, or other appropriate unit of measure; a description of any proposed mitigation measures intended to reduce the adverse environmental effects caused by the proposed activity; and any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity, including other separate and distant crossings for linear projects that require Department of the Army authorization but do not require pre-construction notification. The description of the proposed activity and any proposed mitigation measures should be sufficiently detailed to allow the district engineer to determine that the adverse environmental effects of the activity will be no more than minimal and to determine the need for compensatory mitigation or other mitigation measures. For single and complete linear projects, the PCN must include the quantity of anticipated losses of wetlands, other special aquatic sites, and other waters for each single and complete crossing of those wetlands, other special aquatic sites, and other waters. Sketches should be provided when necessary to show that the activity complies with the terms of the NWP. (Sketches usually clarify the activity and when provided results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative description of the proposed activity (e.g., a conceptual plan), but do not need to be detailed engineering plans); (5) The PCN must include a delineation of wetlands, other special aquatic sites, and other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters on the project site, but there may be a delay if the Corps does the delineation, especially if the project site is large or contains many wetlands, other special aquatic sites, and other waters. Furthermore, the 45 day period will not start until the delineation has been submitted to or completed by the Corps, as appropriate; (6) If the proposed activity will result in the loss of greater than 1/10-acre of wetlands and a PCN is required, the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied, or explaining why the adverse environmental effects are no more than minimal and why compensatory mitigation should not be required. As an alternative, the prospective permittee may submit a conceptual or detailed mitigation plan. (7) For non-Federal permittees, if any listed species or designated critical habitat might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat, the PCN must include the name(s) of those endangered or threatened species that might be affected by the proposed activity or utilize the designated critical habitat that might be affected by the proposed activity. For NWP activities that require pre- construction notification, Federal permittees must provide documentation demonstrating compliance with the Endangered Species Act; (8) For non-Federal permittees, if the NWP activity might have the potential to cause effects to a historic property listed on, determined to be eligible for listing on, or potentially eligible for listing on, the National Register of Historic Places, the PCN must state which historic property might have the potential to be affected by the proposed activity or include a vicinity map indicating the location of the historic property. For NWP activities that require pre-construction notification, Federal permittees must provide documentation demonstrating compliance with section 106 of the National Historic Preservation Act; (9) For an activity that will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a “study river” for possible inclusion in the system while the river is in an official study status, the PCN must identify the Wild and Scenic River or the “study river” (see general condition 16); and (10) For an activity that requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers federally authorized civil works project, the pre-construction notification must include a statement confirming that the project proponent has submitted a written request for section 408 permission from the Corps office having jurisdiction over that USACE project. (c) Form of Pre-Construction Notification: The standard individual permit application form (Form ENG 4345) may be used, but the completed application form must clearly indicate that it is an NWP PCN and must include all of the applicable information required in paragraphs (b)(1) through (10) of this general condition. A letter containing the required information may also be used. Applicants may provide electronic files of PCNs and supporting materials if the district engineer has established tools and procedures for electronic submittals. (d) Agency Coordination: (1) The district engineer will consider any comments from Federal and state agencies concerning the proposed activity’s compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the activity’s adverse environmental effects so that they are no more than minimal. (2) Agency coordination is required for: (i) all NWP activities that require pre-construction notification and result in the loss of greater than 1/2-acre of waters of the United States; (ii) NWP 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52 activities that require pre-construction notification and will result in the loss of greater than 300 linear feet of stream bed; (iii) NWP 13 activities in excess of 500 linear feet, fills greater than one cubic yard per running foot, or involve discharges of dredged or fill material into special aquatic sites; and (iv) NWP 54 activities in excess of 500 linear feet, or that extend into the waterbody more than 30 feet from the mean low water line in tidal waters or the ordinary high water mark in the Great Lakes. (3) When agency coordination is required, the district engineer will immediately provide (e.g., via e- mail, facsimile transmission, overnight mail, or other expeditious manner) a copy of the complete PCN to the appropriate Federal or state offices (FWS, state natural resource or water quality agency, EPA, and, if appropriate, the NMFS). With the exception of NWP 37, these agencies will have 10 calendar days from the date the material is transmitted to notify the district engineer via telephone, facsimile transmission, or e-mail that they intend to provide substantive, site-specific comments. The comments must explain why the agency believes the adverse environmental effects will be more than minimal. If so contacted by an agency, the district engineer will wait an additional 15 calendar days before making a decision on the pre-construction notification. The district engineer will fully consider agency comments received within the specified time frame concerning the proposed activity’s compliance with the terms and conditions of the NWPs, including the need for mitigation to ensure the net adverse environmental effects of the proposed activity are no more than minimal. The district engineer will provide no response to the resource agency, except as provided below. The district engineer will indicate in the administrative record associated with each pre-construction notification that the resource agencies’ concerns were considered. For NWP 37, the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur. The district engineer will consider any comments received to decide whether the NWP 37 authorization should be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5. (4) In cases of where the prospective permittee is not a Federal agency, the district engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations, as required by section 305(b)(4)(B) of the Magnuson-Stevens Fishery Conservation and Management Act. (5) Applicants are encouraged to provide the Corps with either electronic files or multiple copies of pre- construction notifications to expedite agency coordination. 3. Regional Conditions for the Los Angeles District: 1. For all activities in waters of the U.S. that are suitable habitat for federally listed fish species, including designated critical habitat for such species, the permittee shall design all new or substantially reconstructed linear transportation crossings (e.g. roads, highways, railways, trails, bridges, culverts) to ensure that the passage and/or spawning of fish is not hindered. In these areas, the permittee shall employ bridge designs that span the stream or river, including pier- or pile-supported spans, or designs that use a bottomless arch culvert with a natural stream bed, unless determined to be impracticable by the Corps. 2. Nationwide Permits (NWP) 3, 7, 12-15, 17-19, 21, 23, 25, 29, 35, 36, or 39-46, 48-54 cannot be used to authorize structures, work, and/or the discharge of dredged or fill material that would result in the "loss" of wetlands, mudflats, vegetated shallows or riffle and pool complexes as defined at 40 CFR Part 230.40-45. The definition of "loss" for this regional condition is the same as the definition of "loss of waters of the United States" used for the Nationwide Permit Program. Furthermore, this regional condition applies only within the State of Arizona and within the Mojave and Sonoran (Colorado) desert regions of California. The desert regions in California are limited to four USGS Hydrologic Unit Code (HUC) accounting units (Lower Colorado -150301, Northern Mojave-180902, Southern Mojave-181001, and Salton Sea-181002). 3. When a pre-construction notification (PCN) is required, the Los Angeles District shall be notified in accordance with General Condition 32 using either the South Pacific Division PCN Checklist or a signed application form (ENG Form 4345) with an attachment providing information on compliance with all of the General and Regional Conditions. The PCN Checklist and application form are available at: http://www.spl.usace.army.mil/Missions/Regulatory/PermitProcess.aspx. In addition, unless specifically waived by the Los Angeles District, the PCN shall include: a. A written statement describing how the activity has been designed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States; b. Drawings, including plan and cross-section views, clearly depicting the location, size and dimensions of the proposed activity as well as the location of delineated waters of the U.S. on the site. The drawings shall contain a title block, legend and scale, amount (in cubic yards) and area (in acres) of fill in Corps jurisdiction, including both permanent and temporary fills/structures. The ordinary high water mark or, if tidal waters, the mean high water mark and high tide line, should be shown (in feet), based on National Geodetic Vertical Datum (NGVD) or other appropriate referenced elevation. All drawings shall follow the Updated Map and Drawing Standards for the South Pacific Division Regulatory Program (Feb 2016), or most recent update (available at the South Pacific Division website at: http://www.spd.usace.army.mil/Missions/Regulatory/PublicNoticesandReferences.aspx/ ); c. Numbered and dated pre-project color photographs showing a representative sample of waters proposed to be impacted on the project site, and all waters proposed to be avoided on and immediately adjacent to the project site. The compass angle and position of each photograph shall be documented on the plan-view drawing required in subpart b of this regional condition. d. Delineation of aquatic resources in accordance with the current Los Angeles District’s Minimum Standards for Acceptance of Aquatic Resources Delineation Reports (available at: http://www.spl.usace.army.mil/Missions/Regulatory/Jurisdictional-Determination/). 4. Submission of a PCN pursuant to General Condition 32 and Regional Condition 3 shall be required for specific regulated activities in the following locations: a. All perennial waterbodies and special aquatic sites throughout the Los Angeles District as well as intermittent waters within the State of Arizona for any regulated activity that would result in a loss of waters of the United States. The definition of “loss of waters of the United States” for this regional condition is the same as the definition used for the Nationwide Permit Program. b. All areas designated as Essential Fish Habitat (EFH) by the Pacific Fishery Management Council, and that would result in an adverse effect to EFH, in which case the PCN shall include an EFH assessment and extent of proposed impacts to EFH. EFH Assessment Guidance and other supporting information can be found at: http://www.westcoast.fisheries.noaa.gov/habitat/fish_habitat/efh_consultations_go.html. c. All watersheds in the Santa Monica Mountains in Los Angeles and Ventura counties bounded by Calleguas Creek on the west, by Highway 101 on the north and east, and by Sunset Boulevard and Pacific Ocean on the south. d. The Santa Clara River watershed in Los Angeles and Ventura counties, including but not limited to Aliso Canyon, Agua Dulce Canyon, Sand Canyon, Bouquet Canyon, Mint Canyon, South Fork of the Santa Clara River, San Francisquito Canyon, Castaic Creek, Piru Creek, Sespe Creek and the main-stem of the Santa Clara River. e. The Murrieta and Temecula Creek watersheds in Riverside County, California for any regulated activity that would result in a loss of waters of the U.S. The definition of “loss of waters of the United States” for this regional condition is the same as the definition used for the Nationwide Permit Program. f. All waterbodies designated by the Arizona Department of Environmental Quality as Outstanding Arizona Waters (OAWs), within 1600 meters (or 1 mile) upstream and/or 800 meters (1/2 mile) downstream of a designated OAW, and on tributaries to OAWs within 1600 meters of the OAW (see http://www.azdeq.gov/index.html). g. All waterbodies designated by the Arizona Department of Environmental Quality as 303(d)-impaired surface waters, within 1600 meters (or 1 mile) upstream and/or 800 meters (1/2 mile) downstream of a designated impaired surface water, and on tributaries to impaired waters within 1600 meters of the impaired water (see http://www.azdeq.gov/index.html). 5. Individual Permits shall be required for all discharges of fill material in jurisdictional vernal pools, with the exception that discharges for the purpose of restoration, enhancement, management or scientific study of vernal pools may be authorized under NWPs 5, 6, and 27 with the submission of a PCN in accordance with General Condition 32 and Regional Condition 3. 6. Within the Murrieta Creek and Temecula Creek watersheds in Riverside County the use of NWPs 29, 39, 42 and 43, and NWP 14 combined with any of those NWPs shall be restricted. The loss of waters of the U.S. cannot exceed 0.25 acre. The definition of “loss of waters of the United States” for this regional condition is the same as the definition used for the Nationwide Permit Program. 7. Individual Permits (Standard Individual Permit or 404 Letter of Permission) shall be required in San Luis Obispo Creek and Santa Rosa Creek in San Luis Obispo County for bank stabilization projects, and in Gaviota Creek, Mission Creek and Carpinteria Creek in Santa Barbara County for bank stabilization projects and grade control structures. 8. In conjunction with the Los Angeles District's Special Area Management Plans (SAMPs) for the San Diego Creek Watershed and San Juan Creek/Western San Mateo Creek Watersheds in Orange County, California, the Corps' Division Engineer, through his discretionary authority has revoked the use of the following 26 selected NWPs within these SAMP watersheds: 03, 07, 12, 13, 14, 16, 17, 18, 19, 21, 25, 27, 29, 31, 33, 39, 40, 41, 42, 43, 44, 46, 49, and 50. Consequently, these NWPs are no longer available in those watersheds to authorize impacts to waters of the United States from discharges of dredged or fill material under the Corps' Clean Water Act section 404 authority. 9. Any requests to waive the applicable linear foot limitations for NWPs 13, 21, 29, 39, 40 and 42, 43, 44, 51, 52, and 54, must include the following: a. A narrative description of the affected aquatic resource. This should include known information on: volume and duration of flow; the approximate length, width, and depth of the waterbody and characters observed associated with an Ordinary High Water Mark (e.g. bed and bank, wrack line, or scour marks) or Mean High Water Line; a description of the adjacent vegetation community and a statement regarding the wetland status of the associated vegetation community (i.e. wetland, non- wetland); surrounding land use; water quality; issues related to cumulative impacts in the watershed, and; any other relevant information. b. An analysis of the proposed impacts to the waterbody in accordance with General Condition 32 and Regional Condition 3; c. Measures taken to avoid and minimize losses, including other methods of constructing the proposed project; and d. A compensatory mitigation plan describing how the unavoidable losses are proposed to be compensated, in accordance with 33 CFR Part 332. 10. The permittee shall complete the construction of any compensatory mitigation required by special condition(s) of the NWP verification before or concurrent with commencement of construction of the authorized activity, except when specifically determined to be impracticable by the Corps. When mitigation involves use of a mitigation bank or in-lieu fee program, the permittee shall submit proof of payment to the Corps prior to commencement of construction of the authorized activity. 4. Further information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: ( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). (x) Section 404 of the Clean Water Act (33 U.S.C. 1344). ( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413). 2. Limits of this authorization. (a) This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law. (b) This permit does not grant any property rights or exclusive privileges. (c) This permit does not authorize any injury to the property or rights of others. (d) This permit does not authorize interference with any existing or proposed Federal project. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: (a) Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. (b) Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. (c) Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. (d) Design or construction deficiencies associated with the permitted work. (e) Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: (a) You fail to comply with the terms and conditions of this permit. (b) The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 4 above). (c) Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 330.5 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measure ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. This letter of verification is valid for a period not to exceed two years unless the nationwide permit is modified, reissued, revoked, or expires before that time. 7. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition H below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 8. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished with the terms and conditions of your permit. Page 1 of 14 C O A C H E L L A V A L L E Y W A T E R D I S T R I C T P O S T O F F I C E B O X 1 0 5 8 C O A C H E L L A, C A L I F O R N I A 9 2 2 3 6 E N C R O A C H M E N T P E R M I T TEMPORARY X CONSTRUCTION Underground Service Alert Inquiry Identification Number (Permit invalid without this number.) File: 0652.31 TO (PERMITTEE): TBD ADDRESS: CONTACT: TELEPHONE: EMAIL: and subject to the following, PERMISSION IS HEREBY GRANTED to TO BE DETERMINED, to construct the Dune Palms Bridge and associated improvements, including but not limited to a portion of concrete slope protection on both banks, retaining walls, a 42-inch, 18-inch, and a 24-inch RCP storm drain outlet with trash grates and temporary bypass road (Permittee Facilities) within the Coachella Valley Stormwater Channel (Channel) right-of-way as depicted on CVWD Drawing Nos. 47481 through 47505. To relocate the existing sanitation and domestic water lines (Permittee Facilities) within the Dune Palms Bridge as depicted on CVWD Drawing Nos. 46250 through 46255. The project is for the City of La Quinta’s Dune Palms Road Bridge Improvement Project #2011-05, located north of Highway 111 at Dune Palms Road within Assessor Parcel No 600-010-009. Reference is hereby made to Encroachment Permit No. 050729-1-047 issued to City of La Quinta. This project is located in the north half of section 29, township 5 south, range 7 east, San Bernardino Meridian. The following attachments are also included as part of this Permit (check applicable): Special Provisions: X Yes, all marked provisions apply to the Permit. General Provisions: X Yes Work/Activity to be completed before_________. (Which date shall not be later than the expiration of insurance coverage pursuant to the Insurance Requirements) This Permit is to be strictly construed and no Work/Activity other than that described above is authorized. Fees Paid: Processing $100.00 CR No. Contractor will pay these fees once awarded ===================================================================== APPROVAL: Effective Date: General Manager ===================================================================== Permit No. 050729-1-047C 050729-2-XXX Page 2 of 14 APN: 600-010-009 File: 0652.31 ACCEPTANCE OF ENCROACHMENT PERMIT The undersigned agrees to be bound by and to perform all of the terms, covenants, conditions and obligations of the Permittee set forth in Encroachment Permit No. 050729-1-047C (“Permit”) including, but not limited to, the applicable general provisions and special provisions identified on the face sheet of the Permit. PERMITTEE: TBD (Signature) (Print Name and Title) (Date) ENG EP-005 (Rev. 1/23/20) Page 3 of 14 COACHELLA VALLEY WATER DISTRICT SPECIAL PROVISIONS TO CONSTRUCTION ENCROACHMENT PERMIT NO. 050729-1-047C 050729-2-XXX X 1. The interest of CVWD in a portion of the CVWD/USBR Property is limited to an easement for stormwater purposes and consequently this Permit does not represent sole authorization required for the Permittee Facilities (as defined in the General Provisions). Permittee shall obtain written approval of the owner(s) of fee title to the CVWD/USBR Property. X 2. The Permittee Facilities shall be constructed and Work performed within the Channel right-of-way in accordance with CVWD Drawing Nos. 47481 through 47505 and the relocation of the sanitation and domestic water in accordance with CVWD Drawing Nos. 46250 through 46255. X 3. Earth shall be removed on a uniform gradient and in such a manner that no holes are created which will cause ponding of runoff. X 4. The Work/Activity authorized by this Permit shall not conflict with the normal operation and maintenance of CVWD/USBR Facilities. X 5. Deposit materials shall consist of clean fill dirt. X 6. Permittee shall implement preventative measures, e.g., double walled tank, containment facilities, etc., to prevent chemical and petroleum spills 7. Permittee shall pay consumptive canal water construction rates and other consumptive and miscellaneous charges (i.e. canal water, gate charge, quagga mussel mitigation surcharge, etc.) at rates that exist at the time of consumption, which can be amended from time to time. 8. Permittee to install pump in a manner that backwash does not run into the canal. 9. Construction meter must totalize in acre-feet. Flow shall be measured, preferably, in cubic feet, GPM is acceptable. 10. Pump capacity shall not exceed 6 cfs. 11. Permittee is prohibited from utilizing a hurricane pump in the canal. The pump and truck fill must be placed off of the canal road. A suction hose or pipe may be laid across the canal road with a dirt ramp or other means for vehicle traffic to cross. No excavating is allowed on the canal road or bank. CVWD vehicles and equipment must be able to travel the road unimpeded at all times. Equipment setup and operation shall be executed to prevent washouts of the canal road and bank. Backwash will not be permitted to be discharged back into the canal. CVWD/USBR Facilities must be returned to original or better condition when the pump and appurtenances are removed. 12. Permittee is responsible for any crop loss or crop damage as a result of the Permittee’s actions. Page 4 of 14 13. Permittee shall notify the Zanjero Supervisor in writing two (2) weeks prior to commencing any construction on irrigation facilities/laterals. Laterals shall not be out of service for more than three (3) consecutive days unless other means of providing continuous water service to existing customers is established. 14. Permittee shall adhere to the attached Construction Water Use Provisions for the Coachella Canal (Provisions) regarding Quagga Mussel prevention. Permittee shall contact Scott McCue at (760) 398-2651, extension 2654, or the authorized designee for inspection per the Provisions prior to commencing Permit activities. X 15. Permittee shall not block access to CVWD/USBR Facilities. CVWD vehicles must be able to pass for its normal operation and maintenance activities. X 16. Permittee, at its expense, shall maintain all excavations, embankments, haul roads, permanent access roads, plant sites, waste disposal areas, borrow areas and all other work areas free from dust. X 17. All Work within the CVWD/USBR Property shall conform to the following standards of construction (a copy of the below-checked edition or specification must be on-site at all times): X Standard Specifications State of California Department of Transportation (Caltrans), most current edition. X Standard Specifications for Public Works Construction as written and promulgated by the Southern California Chapter of the American Public Works Association and the Southern California District of the Associated General Contractors of California (Green Book), most current edition. CVWD Standard Specifications for Construction of: Domestic water systems Sanitary sewer systems Irrigation Systems X 18. Prior to approval of a Permit for outlets discharging into CVWD Facilities, Permittee shall provide a letter from the land use authority having jurisdiction over the Work certifying that the Work has been reviewed and determined to meet the requirements of the National Pollutant Discharge Elimination System permit and Waste Discharge Requirements for the discharge of stormwater in the Whitewater River Watershed, which is known as the MS4 Permit, including any amendment to or replacement of such MS4 Permit that may be issued in the future. This certification applies to requirements included in the Drainage Area Management Plan, Stormwater Management Plan, Stormwater Pollution Prevention Plan and Water Quality Management Plan described in the MS4 Permit and is applicable to the Work (as defined in the General Provisions) at the time of the application for this Permit. CVWD requires Permittee to implement control measures to the maximum extent practicable to prevent the discharge of nonstormwater generated runoff into CVWD Page 5 of 14 Facilities. Permittee shall repair and maintain the outlet structure and CVWD Facilities to mitigate any condition of nuisance and/or damage to the outlet structure and CVWD Facilities caused by Permittee’s nonstormwater discharge as determined by CVWD. This maintenance and repair shall include, but not be limited to, outlet concrete repairs, CVWD Facilities bottom scour repair, slope protection repair, vegetation clearing, ponded/nuisance water removal, etc. Failure to comply with these conditions of approval may result in revocation by CVWD of the Permit associated with the outlet and removal or sealing of the outlet. In the event Permittee fails to perform the abovementioned responsibilities, CVWD may elect to complete any or all of such tasks at Permittee’s cost and expense. Such cost shall be paid by Permittee within ten (10) calendar days following receipt of an invoice from CVWD. 19. Surface and subsurface drainage facilities in the vicinity of this project were designed and constructed for agricultural drainage. CVWD will consider use of these drainage facilities for urban drainage if (1) the surface and subsurface drainage facilities can physically handle the new urban drainage, (2) the area is incorporated into the National Pollutant Discharge Elimination System permit and Waste Discharge Requirements for the disc harge of stormwater in the Whitewater River Watershed, which is known as the MS4 Permit and (3) the project is annexed into a future district(s) for recovery of capital and operation/maintenance costs associated with the new urban drainage system. CVWD may need replacement or additional drainage facilities to provide for the orderly expansion of the drainage system. X 20. CVWD receipt for stormwater outlet fees must be provided, if required. X 21. Inspection shall be required per the below Ge neral Provision No. 3. Permittee shall coordinate with CVWD both for a pre -construction meeting and for inspection prior to any construction activity within the Channel. X 22. There is flooding risk within the Channel. Staging, stockpiling and leaving equipment overnight are not allowed. X 23. As of the date of the Permit, the construction drawings are at approximately 95% and have NOT been approved by CVWD. The permit will be amended to include the approved drawings. The Contractor must apply for a Construction Encroachment Permit and is required to provide the approved construction drawings at the time of submitting the application. X 24. Permittee shall notify CVWD’s Facilities and Maintenance Department prior to performing any maintenance on Permittee Facilities. Please contact Facilities and Maintenance at 760-398-2651 Monday through Friday for work area access. X 25. Permittee shall protect in place all CVWD/USBR facilities. Page 6 of 14 COACHELLA VALLEY WATER DISTRICT GENERAL PROVISIONS TO CONSTRUCTION ENCROACHMENT PERMIT These General Provisions apply to construction and/or temporary use of Permittee Facilities (as defined herein), as appropriate to the context of each section and the nature of Permittee Facilities. 1. No Precedent Established. No action under this Permit establishes a precedent regarding (a) the advisability of permitting any certain type of encroachment to exist within Coachella Valley Water District (“CVWD”)/United States Bureau of Reclamation (“USBR”) Property, or (b) to the acceptability of any such permit in any other or future situation. “CVWD/USBR Property” means any fee owned land(s) or easement(s) held by CVWD/USBR. 2. Prior Meeting and Requirements . Before starting any work or undertaking any activity on the CVWD/USBR Property (“Work”) or (“Activity”) as appropriate under the Permit, Permittee shall contact CVWD’s Chief Inspector or other designated employee and arrange for a pre-construction or pre- activity meeting. No Work or Activity shall be performed prior to such meeting. Permittee shall provide at such meeting a plan for fugitive dust control in compliance with AQMD Rule 403, if applicable. Unless specifically not required, before starting Work or Activity, Permittee shall provide to CVWD the inquiry Identification Number (the number provided by Underground Service Alert (USA) to every person who contacts USA pursuant to Section 4215.5 of the Government Code). No Work or Activity shall occur under the Permit outside of the normal working hours of CVWD employees unless the CVWD inspector is present and Permittee shall have first obtained the consent of CVWD’s Chief Inspector. If the Work/Activity is interrupted for two (2) consecutive business days or more, Permittee shall obtain from CVWD’s Chief Inspector consent to resume the Work/Activity. Reference herein to “Permittee Facilities” means any use of the CVWD/USBR Property by Permittee, whether involving construction (Work) or a use not involving construction (Activity). 3. Inspection. All Work/Activity shall be subject to inspection and approval by CVWD. Permittee shall schedule CVWD Inspection one (1) business day in advance of performing any activities under this Permit. The following items are required in order to schedule Inspection: 1) project title, 2) inspec tion number, and 3) activities to be performed. Permittee shall notify the Inspection Division when the Work/Activity has been completed and obtain a final inspection report. If any inspection by CVWD indicates that the Work/Activity and/or Permittee Facilities interfere with CVWD’s use of the CVWD/USBR Property or the rights of the owner of such real property or the holder of any prior rights (as determined by CVWD in its sole and absolute discretion), Permittee shall remove or replace the Permittee Facilities as directed by CVWD. In the event Permittee fails to do so, CVWD may elect to complete any or all of such tasks at Permittee’s cost and expense. Such cost shall be paid by Permittee within ten (10) calendar days following receipt of an invoice from CVWD. Inspection will be performed by CVWD at the Permittee’s expense as required by Coachella Valley Water District Code (CVWDC) 3.05.210. (ord. 1399.13 § 8-1, 2019) Inspection charge – 1. A. Amount. The charge for inspection of a Construction Encroachm ent Permits, as provided in CVWDC 3.05.330(B), is based on an hourly rate. See Appendix P. A deposit is required as described below. B. Deposit. The Permittee shall deposit the estimated cost of the inspection prior to the start of construction. When the i nspection charges exceed 90 percent of the deposit, the Permittee shall make additional deposits prior to any additional inspection. C. Refund. CVWD will refund any excess funds within 30 days of acceptance of the facilities by CVWD. All outstanding invoic es need to be paid prior to the release of the deposit. (Ord. 1399.13 § 5-8, 2019). The Coachella Valley Water District Code is current through Ordinance 1438, and legislation passed through August 13, 2019, as may be amended from time to time. 4. Permit and Plans on Job Site. The Permit and construction drawings/exhibits or copies thereof shall be kept at the job site and must be shown to any representative of CVWD or any law enforcement officer on demand. If the Permit and construction drawings/exhibits are not on the job site, CVWD may, at its option, require immediate suspension of Work/Activity by oral notice to Permittee’s employees, contractors or representatives at the job site. Page 7 of 14 5. Authorized Permit Users. The Permit may be used and any Work/Activity under this Permit may be performed only by the named Permittee and its contractors, subcontractors, authorized agents , invitees, and representatives. No other parties are authorized to perform Work/Activity under this Permit. 6. Conflicting Permits. If an existing encroachment or improvement pursuant to a prior CVWD permit conflicts with the proposed Work/Activity, Permittee must arrange, at its sole cost and at no expense to CVWD, for any removal or relocation of such prior encroachment or improvement with the owner/permittee thereof. 7. Additional Approvals; Environmental Compliance. The Work/Activity may require that Permittee obtain written orders, approvals, authorizations or consent (collectively “Approvals”) from and/or comply with environmental laws and regulations issued or administered by certain federal, state or local agencies including (without limitation) the U.S. Army Corps of Engineers (“USACE”), California Department of Fish and Wildlife (“DFW”), United States Fish and Wildlife Service (“FWS”), Regional Water Quality Control Board, Colorado River Region (“Regional Board”), California Public Utilities Commission (“PUC”) and/or Cal-OSHA. Permittee is responsible for obtaining and complying with all State and Federal permits needed for the Permittee Facilities to satisfy Clean Water Act Requirements. Compliance with environmental laws may require the obtaining from DFW of a Streambed Alteration Agreement (Fish and Game Code, Section 1600 et seq.), Regional Board Section 401 Permit, Waste Discharge Requirements, compliance with the California Environmental Quality Act (“CEQA”), Regional Board best management practices, USACE Section 404 permitting, compliance with the Coachella Valley Multiple Species Habitat Conservation Plan (“CVMSHCP”) including payment of the Local Development Mitigation Fee (“LDMF”) to the Coachella Valley Conservation Commission (“CVCC”) as administered by Cities and Counties, and other permits and requirements. Permittee is aware that some or all of the Work/Activity may take place in regulated waters of the United States or waters of State of California, requiring Permittee to obtain appropriate permits and Approvals. In addition, to the extent issuance of the Permit or other action triggers the requirement for CVWD or its affiliates to prepare additional environmental review pursuant to CEQA or the National Environmental Policy Act (“NEPA”), Permittee shall be responsible to reimburse and indemnify CVWD for all costs of such compliance. Authorization to undertake the Work/Activity under this Permit is specifically conditioned upon Permittee’s compliance with all the terms and requirements of the Approvals. If CVWD is not the fee owner of the CVWD/USBR Property, Permittee shall also obtain Approval from the Owner(s) of such Property. This Permit shall be effective and Work/Activity may commence hereunder only upon receipt by Permittee of all necessary Approvals. Permittee shall abide by stormwater discharge regulations adopted by the U.S. Environmental Protection Agency and the State Water Resources Control Board. 8. In the event Work including, but not limited to, clearing, grading and excavation results in a land disturbance of one (1) or more acres, Permittee shall: Submit a Notice of Intent (State Form II) in compliance with the terms of the general permit to discharge stormwater associated with construction activity to the State Water Resources Control Board and to CVWD. State Water Resources Control Board Division of Water Quality Attention: Stormwater Permit Unit Post Office Box 1977 Sacramento, California 95812 9. Compliance with Laws. All Work/Activity shall be completed at no cost to CVWD in conformance with all laws, rules and regulations of all governmental or quasi-governmental agencies and the owners of the real property upon which the Work/Activity is to be accomplished. 10. Drainage Modification. If there is potential for the Work/Activity to effect existing drainage or drainage patterns, Permittee will consult with CVWD before Work/Activity begins. Page 8 of 14 11. Clean Up. Permittee shall not deposit asphalt, concrete, organic matter, chemicals, metal, paper, trash or other waste or debris within the CVWD/USBR Property. Upon completion of the Work/Activity or any subsequent repair or maintenance of Permittee Facilities, all brush, timber, scraps, material, etc., placed at the job site by or on behalf of Permittee shall be entirely removed and Permittee shall restore the CVWD/USBR Property to its prior condition as nearly as may be possible. If, during the course of the Work/Activity or thereafter, construction, reconstruction or maintenance work must be performed by CVWD within the CVWD/USBR Property, the Work/Activity shall, upon request of CVWD, immediately cease and the Work/Activity or Permittee Facilities shall be re located, at Permittee’s sole cost. If Permittee fails to do any of the foregoing, CVWD may elect to complete all or any of such tasks at Permittee’s cost and expense. Such cost shall be paid by Permittee within ten (10) calendar days following receipt of an invoice from CVWD. 12. Mechanics Lien Claims. In its performance of the Work/Activity or any other activities associated with this Permit, including operation and maintenance of Permittee Facilities, Permittee shall assure that the CVWD/USBR Property is kept free from mechanics lien claims and shall defend, indemnify and hold CVWD free and harmless from and against any such claims. In the event a mechanics lien is filed against the CVWD/USBR Property, Permittee shall cause such lien to be removed (whether by bonding or otherwise) within thirty (30) calendar days after it is recorded. 13. As-Built Plans. Not later than fifteen (15) calendar days following completion of the Work, Permittee shall provide to CVWD a set of “As-Built” drawings from the Engineer of Record with sufficient accuracy to allow CVWD to determine the location of the Permittee Facilities, if applicable. 14. CVWD Non-liability; Permittee Responsibility. CVWD shall not be liable for the replacement of decorative concrete and other surface improvements, including, but not limited to, alternative paving methods or treatments or the removal of some or all Permittee Facilities which removal may be required in order to gain access to CVWD/USBR Facilities. “CVWD/USBR Facilities” means any facilities owned by CVWD/USBR and located within, under, or upon CVWD/USBR Property. CVWD shall not be responsible for seal coating, overlaying or otherwise resurfacing street improvements and Permittee shall be responsible for all such costs. Permittee waives any claim, loss, damage or action against CVWD or its Representatives (as defined below) arising out of or in connection with any Claims (as defined below) or destruction of the Permittee Facilities from the exercise of CVWD of any right with respect to CVWD/USBR Property, unless caused by the gross negligence or willful misconduct of CVWD or its Representatives. CVWD shall have no liability or responsibility to restore any Permittee Facilities on CVWD/USBR Property to any condition after exercising any right with respect to CVWD/USBR Property or to pay for loss or destruction of the same and Permittee shall be responsible for all such costs. The term “Representatives” shall mean employees, representatives, agents, contractors, subcontractors, invitees, and other persons directly or indirectly employed by or reasonably under the control of any of the foregoing or for whose acts any of the foregoing may be liable. 15. Defense and Indemnity . Permittee shall defend, indemnify and hold harmless CVWD and its Representatives (the “Indemnified Parties”), from and against all actions, causes of action, demands, liabilities, costs, damages, claims, losses and expenses (including attorneys’ fees) (collectively, “Claims”) of every type and description to which they may be subjected, by reason of, or resulting from: (a) this Permit; (b) any act or omission of Permittee or its Representatives in connection with any matters contemplated by this Permit; (c) any death, personal injury, property damage or casualty (including, but not limited to death, personal injury, property damage, or casualty to third parties and any damage to any CVWD Facilities); (d) any breach by Permittee of its obligations under this Permit; (e) enforcement by CVWD of any provision of this Permit; and (f) the maintenance, operation, repair, replacement or improvement of Permittee’s Facilities, except for Claims ultimately established by a court of competent jurisdiction to have been caused by the gross negligence or willful misconduct of the Indemnified Parties. Except in the case of CVWD’s gross negligence or willful misconduct, Permittee, as a material part of the consideration of this Permit, waives all claims or demands against CVWD and the other Indemnified Parties for any such Claims. No provision of this Permit shall in any way limit the responsibility of Permittee for payment of damages resulting from its operations or the operations of any of its Representatives. Permittee further covenants and agrees to pay, or to reimburse the Indemnified Parties for all Claims arising out of or in connection with Permittee’s obligations pursuant to this Permit, except Page 9 of 14 Claims arising through the gross negligence or willful misconduct of the Indemnified Parties. The Indemnified Parties shall have the right, at Permittee’s expense, to commence, to appear in, or to defend any action or proceeding, arising out of and in connection with the Permit, and in connection therewith, may pay all necessary expenses if Permittee fails upon reasonable notice to so commence, appear in or defend any action or proceeding with counsel reasonably acceptable to CVWD. Permittee shall be furnished with copies of bills relating to the foregoing upon request. 16. Damage to CVWD/USBR Facilities. If the CVWD/USBR Facilities are damaged or destroyed as a result of the exercise of the rights provided in this Permit, the Work/Activity, construction, operation and maintenance of the Permittee Facilities or any other cause associated with or arising out of the existence of the Permit, Permittee shall be responsible for all costs associated with the reconstruction or repair of the affected CVWD/USBR Facilities and shall reimburse the same within thirty (30) calendar days following written demand from CVWD. 17. Insurance. Notwithstanding the Effective Date of this Permit, this Permit shall not take effect or become binding on CVWD until Permittee has complied with the Insurance Requirements, attached hereto as Schedule 1. If required insurance coverage expires, is canceled or otherwise terminates prior to the completion of the Work/Activity or otherwise prior to the intended expiration of this Permit, all uncompleted Work/Activity shall cease until required insurance coverage is reinstated. If Work/Activity has been completed but this Permit remains in effect with respect to the operation and maintenance of Permittee Facilities, failure by Permittee to maintain required insurance coverage shall be a material default by Permittee hereunder, as a result of which CVWD may elect to terminate this Permit and upon such termination, to require the immediate removal of all Permittee Facilities and restoration of the CVWD/USBR Property to its prior condition. Notwithstanding an election by CVWD to terminate this Permit in accordance with the provisions of this section, Permittee will remain liable to CVWD for all obligations as set forth in this Permit. 18. Cost of Work. Unless otherwise stated in this Permit, all costs associated with the Work/Activity and/or Permittee’s use of the CVWD/USBR Property shall be the sole responsibility of Permittee. Permittee waives all claims for indemnification or contribution from CVWD for such Work and/or Activity. 19. Security for Performance. A security or cash deposit may be required of Permittee whenever, in CVWD’s sole discretion, it becomes necessary or advisable to guaranty performance. 20. Termination/Removal of Permittee Facilities. (a) CVWD. CVWD reserves the right and privilege to terminate this Permit upon thirty (30) calendar days prior written notice of revocation by CVWD to Permittee, with or without cause and for any reason whatsoever. Upon the termination of this Permit by CVWD, Permittee shall, within the time prescribed by CVWD, remove all Permittee Facilities and restore the CVWD/USBR Property to its prior condition, all at Permittee’s sole cost. In the case of an emergency, as determined by CVWD in its sole and absolute discretion, CVWD may remove the Permittee Facilities without prior written notice to the Permittee. If Permittee fails to remove the Permittee Facilities as set forth in the written notice of revocation, CVWD shall have the right to remove the Permittee Facilities without reimbursement to Permittee. In such event and in the event of the removal due to an emergency, the cost of removal by CVWD, plus an administ rative fee in the amount of fifteen percent (15%) of such costs, shall be paid by Permittee to CVWD within fifteen (15) calendar days of Permittee’s receipt of an invoice from CVWD. The parties hereto agree that such charge represents a fair and reasonable estimate that CVWD will incur to oversee the removal of the Permittee Facilities. (b) Permittee. Permittee may terminate this Permit at any time, with or without cause and for any reason whatsoever. Such termination shall be effective upon the removal of the Permittee Facilities and restoration of the CVWD/USBR Property to its prior condition, all at Permittee’s sole cost. Page 10 of 14 21. CVWD Rights and Responsibilities. If the Permit involves Work/Activity or Permittee Facilities within any CVWD stormwater channel or other flood protection facilities (“Channel”), the provisions of Paragraphs (a) and (b) following, shall apply. (a) CVWD reserves the right to maintain and operate the Channel, removing therefrom any Permittee Facilities (or portions thereof), installation, obstruction or interference (collectively “Obstruction”) when such Obstruction substantially interferes with the free flow of the Channel waters or, in CVWD’s sole discretion, interferes with performance by CVWD of its public duties and responsibilities. CVWD also reserves the right to realign the Channel, changing the course and depth thereof and/or to make other changes and improvements to the Channel, as CVWD deems necessary. Any such removal of Permittee Facilities shall, at CVWD’s election, be at Permittee’s sole cost and expense, to be reimbursed by Permittee to CVWD within thirty (30) calendar days following receipt of written demand. (b) Permittee recognizes the responsibility of CVWD to make changes to the Channel as described above and to maintain the integrity of the Channel during periods of stormwater runoff. Permittee therefore waives and releases CVWD and CVWD Indemnitees from all claims for damage to or destruction of the Permittee Facilities caused by CVWD or its Representatives. Any removal of debris and silt resulting from or exacerbated due to the Work/Activity or the Permittee Facilities or repairs, reconstruction, restoration, or relocation of the Work/Activity or Permittee Facilities damaged or destroyed as defined herein shall be performed by and at the sole expense of Permittee. 22. Assumption of the Risk. Storm, surface, ground, nuisance, or other waters may be encountered at various times during Permittee Work/Activity. Permittee hereby acknowledges and agrees that there are certain inherent risks and dangers associated with such waters; and that, except as expressly set forth herein, it knowingly and voluntarily accepts and assumes responsibility for, each of these risks and dangers, and all other risks and dangers that could arise out of, or occur during, Permittee’s Work/Activity. Such inherent risks and dangers include, but are not limited to: flooding, health hazards, slippery ground, uneven surfaces, and debris and known and unknown risks of serious personal injury, including death, and damage to or loss of Permittee Facilities. CVWD EXPRESSLY DISCLAIMS AND PERMITTEE EXPRESSLY ASSUMES ANY AND ALL LIABILITY FOR DEATH, PERSONAL INJURY OR PROPERTY DAMAGE TO THIRD PARTIES OR TO PERMITTEE WHICH ARE NOT DIRECTLY CAUSED BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF CVWD, AS DETERMINED BY A COURT OF COMPETENT JURISDICTION. 23. Subordination. The Work/Activity and the Permittee Facilities are subordinate to any operations of CVWD and shall be coordinated with the work of CVWD forces or CVWD contractors so that there shall be no delay to or interference with CVWD operations. 24. Location of Other Facilities. Permittee shall be fully responsible to ascertain the location of all facilities constructed by others, and to locate and construct the Permittee Facilities or perform the Work/Activity in a manner which will not damage, conflict or interfere with any existing encroachment , improvement or facility. Prior to making any excavation, Permittee shall call Underground Service Alert. 25. Real Property Interests. This Permit and permission granted herein extends only to those real property interests held by CVWD/USBR in the subject real property. No warranty is made that CVWD/USBR possesses all of the rights or title necessary for Permittee to accomplish work under this Permit and Permittee is cautioned to satisfy itself that it has obtained all necessary rights or permits prior to commencement of work. This Permit does not constitute a grant of any real property interest from CVWD/USBR to Permittee. 26. Taxable Possessory Interest. Permittee acknowledges that a taxable possessory interest may have been created by this Permit and in such event, Permittee may become subject to payment of possessory interest taxes levied on such interest. Payment of possessory interest taxes, if any, will be the sole responsibility of Permittee. Page 11 of 14 27. Miscellaneous. The following additional provisions apply: (a) Time is of the essence of this Permit and each and every term and provision thereof. (b) This Permit shall be construed as if prepared by all of the parties hereto. Accordingly, any rule of law (including California Civil Code Section 1654) or legal decision that would require interpretation of any ambiguities in this Permit against the party that has drafted it is not applicable and is waived. (c) No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver by any party of any right, power or privilege hereunder operate as a waiver of any other right, power or privilege, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or further exercise of any other right, power or privilege. (d) Each person executing this Permit represents and warrants that he or she has full power and authority to execute this Permit on behalf of the named parties. (e) Any action or proceeding to enforce or relating to this Permit shall be brought exclusively in the Federal or State courts located in Riverside County, California, and the parties hereto consent to the exercise of personal jurisdiction over them by any such court for purposes of any such action or proceeding. (f) This Permit, together with the exhibits attached hereto and other writings referenced herein, contains the entire agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements between the parties, oral or written, and any amendments thereto. Any oral representations or modifications concerning this Permit are of no force and effect except a subsequent modification in writing, signed by the parties to be charged. (g) In the event of any litigation or other action between the parties arising out of or relating to this Permit or the breach thereof, the prevailing party shall be entitled, in addition to such other relief as may be granted, to its reasonable costs and attorneys’ fees. (h) The invalidity or illegality of any provisions of this Permit shall not affect the remainder of the Permit. (i) If Permittee requests that CVWD review or execute assignments, estoppels or other documents related to this Permit and its continued validity, Permittee shall be solely responsible for costs incurred by CVWD to respond to such request. (j) This Permit is entered into within the State of California, and all questions concerning the validity, interpretation and performance of any of its terms or provision or any of the rights or obligations of the parties hereto shall be governed by and resolved in accordance with the laws of the State of California. (k) Permittee must notify CVWD’s Chief Surveyor at least forty-eight (48) hours prior to removing or replacing any Survey Monuments. All monuments must be replaced at Permittee’s expense and must be replaced in accordance with sections 8771 and 8772 of the Business and Professions Code. Page 12 of 14 SCHEDULE 1 INSURANCE REQUIREMENTS MINIMUM SCOPE AND LIMIT OF COVERAGE. Prior to and at all times after executing the Permit, Permittee shall procure and maintain, at its sole cost, for the duration of Permittee’s obligations hereunder, not less than the following coverage and limits of insurance, with insurers and under policy forms satisfactory to CVWD. (a) Commercial General Liability Insurance written on an occurrence basis of at least $1,000,000 per occurrence/$2,000,000 aggregate including ongoing operations, products and completed operations, property damage, bodily injury, personal and advertising injury, and premises/operations liability. (i) Coverage for Commercial General Liability insurance shall be at least as broad as Insurance Services Office Commercial General Liability coverage form (Occurrence Form CG 00 01) or exact equivalent. (ii) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products and completed operations liability; or (4) contain any other exclusion contrary to the Permit. (iii) The policy shall be endorsed to name Coachella Valley Water District, its employees, directors, officers, agents, and volunteers as additional insureds using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (b) Commercial Automobile Liability Insurance written on a per occurrence basis of at least $1,000,000 per occurrence for bodily injury and property damage. (i) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto) (ii) The policy shall be endorsed to name Coachella Valley Water District, its employees, directors, officers, agents, and volunteers as additional insureds. (c) Workers’ Compensation Insurance/Employers Liability as required by the State of California with statutory limits or be legally self-insured pursuant to Labor Code section 3700 et seq. along with Employer’s Liability limits of no less than $1,000,000 per occurrence for bodily injury or disease. The workers compensation insurer shall agree, using form WC 00 03 13 or the exact equivalent to waive all rights of subrogation against Coachella Valley Water District, its employees, directors, officers, and agents. OTHER INSURANCE PROVISIONS. All of Permittee’s policies shall meet the following requirements and contain all specified provisions/endorsements noted hereunder. (a) Insurers shall provide CVWD at least thirty (30) days prior written notice of cancellation of any policy required by this Permit, except that insurers shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. In the event any insurer issuing coverage hereunder does not agree to provide notice of Page 13 of 14 cancellation to CVWD, Permittee shall assume such obligation and provide written notice of cancellation in accordance with the above. If any of the required coverage is cancelled or expires during the term of this Permit, Permittee shall deliver renewal certificate(s) including endorsements to CVWD at least ten (10) days prior to the effective date of cancellation or expiration. (b) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Permittee’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by CVWD or any additional insureds shall not be called upon to contribute to any loss. (c) All required insurance coverages shall contain a provision, or be endorsed, to waive subrogation in favor of the Coachella Valley Water District, its employees, directors, officers, and agents or shall specifically allow Permittee to waive its right of recovery prior to a loss. Permittee hereby waives its own right of recovery against Coachella Valley Water District, its employees, directors, officers, and agents. (d) If at any time during the life of the Permit, any policy of insurance required under this Permit does not comply with these specifications or is canceled and not replaced, CVWD has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CVWD will be promptly reimbursed by Permittee. In the alternative, CVWD may cancel this Permit. (e) CVWD may require Permittee to provide complete copies of all insurance policies and endorsements in effect for the duration of the Permit. (f) The general liability and automobile liability programs may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by CVWD, and provided that such deductibles shall not apply to CVWD as an additional insured. (g) Claims made policies are not acceptable (h) Permittee shall not allow any of its contractors, consultants, subcontractors or subconsultants to commence work under this Permit until Permittee has required and verified that contractors, subcontractors, consultants, or subconsultants have secured all insurance required under this Section, including waivers of subrogation and other endorsements. Policies of commercial general liability insurance provided by such contractors, consultants, subcontractors or subconsultants shall be endorsed to name Coachella Valley Water District, its employees, directors, officers, and agents as additional insureds using ISO form CG 20 38 04 13 and CG 20 10 11 85, or an endorsement providing the exact same coverage. If requested by Permittee, CVWD may approve different scopes or minimum limits of insurance for particular contractors, consultants, subcontractors or subconsultants. VERIFICATION OF COVERAGE. Prior to execution of the Permit, Permittee shall file with CVWD evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. All policies required shall be issued by acceptable insurance companies, as determined by CVWD. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the Page 14 of 14 business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. LIABILITY NOT LIMITED. Defense costs shall be payable in addition to the limits set forth herein. Requirements of specific coverage or limits contained herein are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve Permittee from liability in excess of such coverage, nor shall it limit Permittee’s indemnification obligations to CVWD and shall not preclude CVWD from taking such other actions available to CVWD under other provisions of the Permit or law. AVAILABLE LIMITS. Notwithstanding the minimum limits set forth above, any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds. RESERVATION OF RIGHTS. CVWD reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Rec'd in the SRAB on 2/11/2020 APPENDIX D ENVIRONMENTAL COMMITMENTS RECORD (ECR) Date: 02/08/2020 Environmental Coordinator: WSP Phone No: 000-000-0000 ENVIRONMENTAL COMMITMENTS RECORD (ECR) Riverside County - CA - City of La Quinta Federal Aid #: BRNBIL (537) Dune Palms Road Low Water Crossing Replacement Proj. 1 Task and Brief Description Responsible Branch / Staff Timing / Phase NSSP Req. Action Taken to Comply with Task Remarks Environmental Compliance Initial Date ENVIRONMENTAL PS&E REVIEW Proj Mgmt & Environmental District PS&E Circ PRECONSTRUCTION MEETING Proj Mgmt Contract Award Transfer Resident Engineer Book Proj Eng Preconst Meeting PRE JOB MEETING Proj Mgmt & Const Const ENVIRONMENTAL COMPLIANCE REVIEW Proj Mgmt & Const Safety Review DESIGN FEATURES MEMORANDUM Proj Mgmt & Const Post Const Air Quality Biology Cultural Resources Water Quality Hazardous Materials Relocation Noise Traffic & Transportation Air Quality AQ-1 Throughout construction, local and state regulations regarding dust control and other emissions reduction controls, such as those noted below, would be followed: • Water or dust palliative will be applied to the site and equipment as often as necessary to control fugitive dust emissions. Fugitive emissions generally must meet a “no visible dust” criterion either at the point of emissions or at the right-of-way line depending on local regulations. • Soil binder will be spread on any unpaved roads used for construction purposes, and on all project construction parking areas. • Trucks will be washed as they leave the right-of-way as necessary to control fugitive dust emissions. • Construction equipment and vehicles will be properly tuned and maintained. All construction equipment will use low sulfur Contractor/ Construction Manager Construction Date: 02/08/2020 Environmental Coordinator: WSP Phone No: 000-000-0000 ENVIRONMENTAL COMMITMENTS RECORD (ECR) Riverside County - CA - City of La Quinta Federal Aid #: BRNBIL (537) Dune Palms Road Low Water Crossing Replacement Proj. 2 Task and Brief Description Responsible Branch / Staff Timing / Phase NSSP Req. Action Taken to Comply with Task Remarks Environmental Compliance Initial Date fuel as required by CA Code of Regulations Title 17, Section 93114. • A dust control plan will be developed documenting sprinkling, temporary paving, speed limits, and timely revegetation of disturbed slopes as needed to minimize construction impacts to existing communities. • Equipment and materials storage sites will be located as far away from residential and park uses as practicable. Construction areas will be kept clean and orderly. • ESA (Environmentally Sensitive Area)-like areas or their equivalent will be established near sensitive air receptors. Within these areas construction activities involving the extended idling of diesel equipment or vehicles will be prohibited, to the extent feasible. • Track-out reduction measures, such as gravel pads at project access points to minimize dust and mud deposits on roads affected by construction traffic, will be used. • All transported loads of soils and wet materials will be covered before transport, or adequate freeboard (space from the top of the material to the top of the truck) will be provided to minimize emission of dust (particulate matter) during transportation. • Dust and mud that are deposited on paved, public roads due to construction activity and traffic will be promptly and regularly removed to decrease particulate matter. • To the extent feasible, construction traffic will be scheduled and routed to reduce congestion and related air quality impacts caused by idling vehicles along local roads during peak travel times. Biological resources BIO-1 Burrowing owl surveys shall be conducted by a qualified biologist within 30 days prior to any phase of construction, including staging, in the areas identified as potential burrowing owl habitat. These preconstruction surveys are also required to comply with the MBTA and the California Fish and Game Code. If any of the Project Management/ Qualified Biologist Pre-Construction. Within 30 days prior to any phase of construction, including staging. Date: 02/08/2020 Environmental Coordinator: WSP Phone No: 000-000-0000 ENVIRONMENTAL COMMITMENTS RECORD (ECR) Riverside County - CA - City of La Quinta Federal Aid #: BRNBIL (537) Dune Palms Road Low Water Crossing Replacement Proj. 3 Task and Brief Description Responsible Branch / Staff Timing / Phase NSSP Req. Action Taken to Comply with Task Remarks Environmental Compliance Initial Date preconstruction surveys determine that burrowing owls are present, one or more of the following may be required: (1) avoidance of active nests/burrows and surrounding buffer area during construction activities; (2) passive relocation of individual owls; and (3) preservation of on-site habitat with long-term conservation value for the owl. Measures must be developed by the contractor’s qualified biologist and the City in concert with CDFW. Even though there is low potential for any species of concern to occur within the project area, it is recommended that if there is a delay in the project construction, another botanical reassessment survey focused on California Native Plant Society (CNPS) list be conducted within the construction disturbance area within a year prior to the initiation of the construction activities. If any species were discovered within the project area, the City should coordinate with CDFW regarding required measures, if any. BIO-2 Vegetation removals would occur outside of the nesting bird season (i.e., February 15–August 31) to the maximum extent practicable. In the event that vegetation clearing is necessary during the nesting season, the contractor will have a qualified biologist conduct a preconstruction survey within 300 ft. of construction areas no more than 30 days prior to construction at the location to identify the locations of nests (if any). A qualified biologist is one that has surveyed for nesting bird species within the Coachella Valley previously and has at least two years of prior nesting bird survey experience. . Contractor/ Qualified Biologist. Pre-Construction BIO-3 Should nesting birds be found, an exclusionary buffer will be established by the qualified biologist around each nest site. This buffer will be a distance from the construction activity based on the nest location, surrounding existing disturbances and the species of bird that is nesting. The buffer will be clearly marked in the field by construction personnel under guidance of the contractor’s qualified biologist, and construction or clearing will Contractor/ Qualified biologist Pre-construction. Date: 02/08/2020 Environmental Coordinator: WSP Phone No: 000-000-0000 ENVIRONMENTAL COMMITMENTS RECORD (ECR) Riverside County - CA - City of La Quinta Federal Aid #: BRNBIL (537) Dune Palms Road Low Water Crossing Replacement Proj. 4 Task and Brief Description Responsible Branch / Staff Timing / Phase NSSP Req. Action Taken to Comply with Task Remarks Environmental Compliance Initial Date not be conducted within this zone until the qualified biologist determines that the young have fledged or the nest is no longer active. The qualified biologist will monitor the nests on a weekly basis to ensure that construction activities do not disturb or disrupt nesting activities. If the qualified biologist determines that construction activities are disturbing or disrupting nesting activities, then the biologist will notify the City. Responses may include, but are not limited to, increasing the size of the exclusionary buffer, curtailing nearby work activities, turning off vehicle engines and other equipment whenever possible to reduce noise, installing a protective noise barrier between the nest and the construction activities, and/or working in other areas until the young have fledged. BIO-4 Landscaping and erosion control, if any may be included in the project, shall not include species listed on either the Federal or the State of California Noxious Weed List. Project Engineer Design BIO-5 In areas of particular sensitivity (i.e., near or adjacent to drainages) extra precautions shall be taken if invasive species are found in or adjacent to these areas. This would include the inspection and cleaning of construction equipment and eradication strategies, as needed. Contractor/ Construction Manager Construction BIO-6 Before construction activities begin for the proposed project, the following approvals/ permits must be obtained or determined not applicable by the Department through additional coordination with the applicable Federal and State resource agencies: • Streambed Alteration Agreement pursuant to California Fish and Game Code Section 1602; • USACE Nationwide 33 and 14 permits pursuant to CWA Section 404; and RWQCB 401 Water Quality Certification pursuant to CWA Section 401. Project Manager/Project Engineer Design/Pre-construction BIO-7 Project construction activities are anticipated to occur through the rainy season. Should surface water flow occur through the Contractor/ Construction Management Construction Date: 02/08/2020 Environmental Coordinator: WSP Phone No: 000-000-0000 ENVIRONMENTAL COMMITMENTS RECORD (ECR) Riverside County - CA - City of La Quinta Federal Aid #: BRNBIL (537) Dune Palms Road Low Water Crossing Replacement Proj. 5 Task and Brief Description Responsible Branch / Staff Timing / Phase NSSP Req. Action Taken to Comply with Task Remarks Environmental Compliance Initial Date project area at any point, the contractor will initiate appropriate BMPs. Construction activities within the CVSC will be designed/conducted to maintain downstream flow conditions. BIO-8 ESAs will be incorporated into the plans and specifications for the project so that the contractor is aware of the limits of allowable site access and disturbance. Project Engineer Design BIO-9 All drainages temporarily impacted during construction will be returned to their original contours at the end of project activities. Contractor Design/Post-Construction Cultural Resources CUL-1 The Project Engineer and Project Archaeologist will ensure that the boundaries of the ESA are clearly described and illustrated in the Plans, Specifications, and Estimates (PS&E) package. Project Engineer/ Project Archaeologist Design/Pre-construction CUL-2 A pre-construction meeting with the Construction Supervisor and construction personnel will be held to discuss the ESAs, including access restrictions and maintenance of fencing for protective measures. Construction Manager/ Contractor Pre-construction CUL-3 The Project Engineer will notify the Project Archaeologist at least three weeks prior to start of construction to allow for a field review of ESA locations and arrangements for monitoring of fence installation. Construction Manager/ Archaeologist Pre-construction CUL-4 Review ESA locations in the field one week prior to start of construction. Project Engineer/ Project Archaeologist Pre-construction CUL-5 Install temporary orange plastic fencing along ESA boundary at least one week prior to initiating construction, under the supervision of the Project Engineer and the Project Archaeologist. Project Engineer/ Project Archaeologist/ Construction Manager Construction Date: 02/08/2020 Environmental Coordinator: WSP Phone No: 000-000-0000 ENVIRONMENTAL COMMITMENTS RECORD (ECR) Riverside County - CA - City of La Quinta Federal Aid #: BRNBIL (537) Dune Palms Road Low Water Crossing Replacement Proj. 6 Task and Brief Description Responsible Branch / Staff Timing / Phase NSSP Req. Action Taken to Comply with Task Remarks Environmental Compliance Initial Date CUL-6 Conduct monitoring of ground-disturbing activities in the ADI south of the Stormwater Channel by an archaeologist and a Native American. Archaeologist/ Native American Construction CUL-7 Conduct spot monitoring and photo-documentation at various times throughout Project construction to ensure the integrity of the ESAs. Project Archaeologist/ Construction Manager Construction CUL-8 The Construction Supervisor will notify the Project Archaeologist when construction is complete in the vicinity of each site, so that the temporary fencing can be removed. Construction Manager/ Contractor Post-Construction CUL-9 The Project Archaeologist will oversee the removal of the fencing by the construction personnel. In addition, if cultural materials are discovered during construction, all earth-moving activity within and around the immediate discovery area will be diverted until a qualified archaeologist can ass the nature and significance of the find. Contractor/ Construction Manager/ Native American Coordinator Construction Hazardous Material HZ-1 ADL evaluation shall be conducted in soils adjacent to the roadway prior to beginning of construction Engineer/ Construction Manager Design/Pre-construction HZ-2 Any structure that would be demolished as part of construction shall be evaluated for ACM and LBP prior to demolition activities and a Lead and Asbestos Report shall be completed. Project Engineer/ Construction Manager Design/Pre-construction HZ-3 Pavement marking paint shall be evaluated for LBP to determine proper handling and disposal requirements. Engineer/ Construction Manager Design/Pre-construction HZ-4 A parcel-specific Phase I ESA on the acquisition properties shall be conducted as part of the City’s environmental due diligence to help establish potential environmental liability protection. Engineer/ Construction Manager Design/Pre-construction Date: 02/08/2020 Environmental Coordinator: WSP Phone No: 000-000-0000 ENVIRONMENTAL COMMITMENTS RECORD (ECR) Riverside County - CA - City of La Quinta Federal Aid #: BRNBIL (537) Dune Palms Road Low Water Crossing Replacement Proj. 7 Task and Brief Description Responsible Branch / Staff Timing / Phase NSSP Req. Action Taken to Comply with Task Remarks Environmental Compliance Initial Date HZ-5 If unanticipated contaminated soil and/or groundwater is encountered during construction activities, the impacted material shall be properly managed, handled, and disposed of in accordance with local, state, and federal regulations. Construction Manager/ Contractor Construction HZ-6 Potential impacts from construction-related hazardous waste and materials would be addressed through implementation of a Storm Water Pollution Prevention Plan and implementation of Best Management Practices in compliance with rules and regulations to address potential impacts related to the use and potential discharge of construction-related hazardous waste and materials. Design Engineer/ Construction Manager Pre-construction/ Construction Water Quality WQ-1 The City of La Quinta (City) will comply with the provisions of the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharge from Construction and Land Disturbance Activities as they relate to construction activities for the project (NPDES No. CAS617002). This will include submission of the Permit Registration Documents, including a Notice of Intent (NOI), site map, Storm Water Pollution Prevention Plan (SWPPP), annual fee, and signed certification statement to the State Water Resources Control Board (SWRCB) at least 14 days prior to the start of construction. The SWPPP will meet the requirements of the Construction General Permit (No. CA000002) and will identify potential pollutant sources associated with construction activities; identify non-storm water discharges; and identify, implement, and maintain Best Management Practices (BMPs) to reduce or eliminate pollutants associated with the construction site. A Notice of Termination (NOT) will be submitted to the SWRCB upon completion of construction and stabilization of the site. City of La Quinta/Contractor Pre-construction/ Construction Date: 02/08/2020 Environmental Coordinator: WSP Phone No: 000-000-0000 ENVIRONMENTAL COMMITMENTS RECORD (ECR) Riverside County - CA - City of La Quinta Federal Aid #: BRNBIL (537) Dune Palms Road Low Water Crossing Replacement Proj. 8 Task and Brief Description Responsible Branch / Staff Timing / Phase NSSP Req. Action Taken to Comply with Task Remarks Environmental Compliance Initial Date WQ-2 The proposed project will install a two chambered drywell system to all existing and proposed drainage system outletting into the CVSC to address nuisance water flows as well as to capture sediment from the initial first flush flows from storm events. Project Engineer/ Construction Manager Design/ Construction WQ-3 Storm water BMPs strategies will be coordinated with RWQCB, and will comply with 401 permit requirements. Construction Manager/ Contractor Design/ Construction Noise NOI-1 All construction activities shall occur in compliance with the construction hours allowed by the Municipal Code. Contractor/ Construction Manger Construction NOI-2 Equip an internal combustion engine with the manufacturer-recommended muffler. Do not operate an internal combustion engine on the job site without the appropriate muffler. Contractor Construction Manger Construction Relocation Benefits HPR-1 Prepare a Relocation Assistance Plan to determine the need to replace the mobile homes and single housing unit affected by the project based on current market conditions, and provide relocation assistance benefits according to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended. City of La Quinta Design/Pre-construction. Transportation and Traffic TRF-1 The existing roadway will be modified to operate as a temporary Project Engineer/ Construction Manager Design/ Construction. Date: 02/08/2020 Environmental Coordinator: WSP Phone No: 000-000-0000 ENVIRONMENTAL COMMITMENTS RECORD (ECR) Riverside County - CA - City of La Quinta Federal Aid #: BRNBIL (537) Dune Palms Road Low Water Crossing Replacement Proj. 9 Task and Brief Description Responsible Branch / Staff Timing / Phase NSSP Req. Action Taken to Comply with Task Remarks Environmental Compliance Initial Date bypass road in order to allow for maintaining vehicle and pedestrian access at all times. TRF-2 Short term and temporary access control will be coordination with property owners, the public, and other stakeholders. City of La Quinta/ Construction Manager Pre-construction/ Construction APPENDIX E ASBESTOS & LEAD REPORTS • Mobile Homes (2 covers), Dated December 14, 2019 • Single Family Home (2 covers), Dated October 27, 2021 APPENDIX F 17-F FORM - FINAL REPORT – UTILIZATION OF DISADVANTAGED BUSINESS ENTERPRISES (DBE), FIRST – TIER SUBCONTRACTORS 17-O FORM – DISADVANTAGED BUSINESS ENTERPRISE (DBE) CERTIFICATION STATUS CHANGE (4 PAGES) I I I I I I I I I Local Assistance Procedures Manual Exhibit 17-F Final Report-Utilization of Disadvantaged Business Enterprises (DBE) and First-Tier Subcontractors EXHIBIT 17-F FINAL REPORT-UTILIZATION OF DISADVANTAGED BUSINESS ENTERPRISES (DBE) AND FIRST-TIER SUBCONTRACTORS 1.Local Agency Contract Number 2.Federal-Aid Project Number 3.Local Agency 4.Contract Completion Date 5.Contractor/Consultant 6.Business Address 7.Final Contract Amount 8. Contract Item Number 9. Description of Work, Service, or Materials Supplied 10.Company Name and Business Address 11.DBE Certification Number 12.Contract Payments 13. Date Work Completed 14. Date of Final Payment Non-DBE DBE 15.ORIGINAL DBE COMMITMENT AMOUNT $ 16.TOTAL List all first-tier subcontractors/subconsultants and DBEs regardless of tier whether or not the firms were originally listed for goal credit. If actual DBE utilization (or item of work) was different than that approved at the time of award, provide comments on an additional page. List actual amount paid to each entity. If no subcontractors/subconsultants were used on the contract, indicate on the form. I CERTIFY THAT THE ABOVE INFORMATION IS COMPLETE AND CORRECT 17.Contractor/Consultant Representative’s Signature 18.Contractor/Consultant Representative’s Name 19.Phone 20.Date I CERTIFY THAT THE CONTRACTING RECORDS AND ON-SITE PERFORMANCE OF THE DBE(S) HAS BEEN MONITORED 21.Local Agency Representative’s Signature 22.Local Agency Representative’s Name 23.Phone 24.Date DISTRIBUTION: Original – Local Agency, Copy – Caltrans District Local Assistance Engineer. Include with Final Report of Expenditures ADA NOTICE: For individuals with sensory disabilities, this document is available in alternate formats. For information, call (916) 445-1233, Local Assistance Procedures Manual TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. Page 1 of 2 July 23, 2015 Local Assistance Procedures Manual Exhibit 17-F Final Report-Utilization of Disadvantaged Business Enterprises (DBE) and First-Tier Subcontractors INSTRUCTIONS – FINAL REPORT-UTILIZATION OF DISADVANTAGED BUSINESS ENTERPRISES (DBE) AND FIRST-TIER SUBCONTRACTORS 1. Local Agency Contract Number -Enter the Local Agency contract number or identifier. 2. Federal-Aid Project Number -Enter the Federal-Aid Project Number. 3. Local Agency - Enter the name of the local or regional agency that is funding the contract. 4. Contract Completion Date -Enter the date the contract was completed. 5. Contractor/Consultant -Enter the contractor/consultant’s firm name. 6. Business Address -Enter the contractor/consultant’s business address. 7. Final Contract Amount -Enter the total final amount for the contract. 8. Contract Item Number - Enter contract item for work, services, or materials supplied provided. Not applicable for consultant contracts. 9. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials provided. Indicate all work to be performed by DBEs including work performed by the prime contractor/consultant’s own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms. 10. Company Name and Business Address - Enter the name, address, and phone number of all subcontracted contractors/consultants. Also, enter the prime contractor/consultant’s name and phone number, if the prime is a DBE. 11. DBE Certification Number -Enter the DBE’s Certification Identification Number. Leave blank if subcontractor is not a DBE. 12. Contract Payments - Enter the subcontracted dollar amount of the work performed or service provided. Include the prime contractor/consultant if the prime is a DBE. The Non-DBE column is used to enter the dollar value of work performed by firms that are not certified DBE or for work after a DBE becomes decertified. 13. Date Work Completed -Enter the date the subcontractor/subconsultant’s item work was completed. 14. Date of Final Payment - Enter the date when the prime contractor/consultant made the final payment to the subcontractor/subconsultant for the portion of work listed as being completed. 15. Original DBE Commitment Amount -Enter the “Total Claimed DBE Participation Dollars” from Exhibits 15-G or 10-O2 for the contract. 16. Total - Enter the sum of the “Contract Payments” Non-DBE and DBE columns. 17. Contractor/Consultant Representative’s Signature - The person completing the form on behalf of the contractor/consultant’s firm must sign their name. 18. Contractor/Consultant Representative’s Name - Enter the name of the person preparing and signing the form. 19. Phone - Enter the area code and telephone number of the person signing the form. 20. Date -Enter the date the form is signed by the contractor’s preparer. 21. Local Agency Representative’s Signature -A Local Agency Representative must sign their name to certify that the contracting records and on-site performance of the DBE(s) has been monitored. 22. Local Agency Representative’s Name -Enter the name of the Local Agency Representative signing the form. 23. Phone - Enter the area code and telephone number of the person signing the form. 24. Date -Enter the date the form is signed by the Local Agency Representative. Page 2 of 2 July 23, 2015 I I I I I I I I I I I Local Assistance Procedures Manual Exhibit 17-O Disadvantaged Business Enterprises (DBE) Certification Status Change EXHIBIT 17-O DISADVANTAGED BUSINESS ENTERPRISES (DBE) CERTIFICATION STATUS CHANGE 1. Local Agency Contract Number 2. Federal-Aid Project Number 3. Local Agency 4. Contract Completion Date 5. Contractor/Consultant 6. Business Address 7. Final Contract Amount 8. Contract Item Number 9. DBE Contact Information 10. DBE Certification Number 11. Amount Paid While Certified 12. Certification/ Decertification Date (Letter Attached) 13. Comments If there were no changes in the DBE certification of subcontractors/subconsultants, indicate on the form. I CERTIFY THAT THE ABOVE INFORMATION IS COMPLETE AND CORRECT 14. Contractor/Consultant Representative’s Signature 15. Contractor/Consultant Representative’s Name 16. Phone 17. Date I CERTIFY THAT THE CONTRACTING RECORDS AND ON-SITE PERFORMANCE OF THE DBE(S) HAS BEEN MONITORED 18. Local Agency Representative’s Signature 19. Local Agency Representative’s Name 20. Phone 21. Date DISTRIBUTION: Original – Local Agency, Copy – Caltrans District Local Assistance Engineer. Include with Final Report of Expenditures ADA NOTICE: For individuals with sensory disabilities, this document is available in alternate formats. For information, call (916) 445-1233, Local Assistance Procedures Manual TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. Page 1 of 2 July 23, 2015 Local Assistance Procedures Manual Exhibit 17-O Disadvantaged Business Enterprises (DBE) Certification Status Change INSTRUCTIONS –DISADVANTAGED BUSINESS ENTERPRISES (DBE) CERTIFICATION STATUS CHANGE 1. Local Agency Contract Number - Enter the Local Agency contract number or identifier. 2. Federal-Aid Project Number - Enter the Federal-Aid Project Number. 3. Local Agency - Enter the name of the local or regional agency that is funding the contract. 4. Contract Completion Date - Enter the date the contract was completed. 5. Contractor/Consultant -Enter the contractor/consultant’s firm name. 6. Business Address -Enter the contractor/consultant’s business address. 7. Final Contract Amount - Enter the total final amount for the contract. 8. Contract Item Number - Enter contract item for work, services, or materials supplied provided. Not applicable for consultant contracts. 9. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted contractors/consultants. 10. DBE Certification Number - Enter the DBE’s Certification Identification Number. 11. Amount Paid While Certified - Enter the actual dollar value of the work performed by those subcontractors/subconsultants during the time period they are certified as a DBE. 12. Certification/Decertification Date (Letter Attached) - Enter either the date of the Decertification Letter sent out by the Office of Business and Economic Opportunity (OBEO) or the date of the Certification Certificate mailed out by OBEO. 13. Comments - If needed, provide any additional information in this section regarding any of the above certification status changes. 14. Contractor/Consultant Representative’s Signature - The person completing the form on behalf of the contractor/consultant’s firm must sign their name. 15. Contractor/Consultant Representative’s Name - Enter the name of the person preparing and signing the form. 16. Phone - Enter the area code and telephone number of the person signing the form. 17. Date - Enter the date the form is signed by the contractor’s preparer. 18. Local Agency Representative’s Signature - A Local Agency Representative must sign their name to certify that the contracting records and on-site performance of the DBE(s) has been monitored. 19. Local Agency Representative’s Name - Enter the name of the Local Agency Representative signing the form. 20. Phone - Enter the area code and telephone number of the person signing the form. 21. Date - Enter the date the form is signed by the Local Agency Representative. Page 2 of 2 July 23, 2015 APPENDIX G QUALITY ASSURANCE PROGRAM (QAP) CALIFORNIA STATE TRANSPORTATION AGENCY Gavin Newsom, Governor DEPARTMENT OF TRANSPORTATION DIVISION OF ENGINEERING SERVICES MATERIALS ENGINEERING TESTING SERVICES AND GEOTECHNICAL SERVICES OFFICE OF MATERIALS MANAGEMENT AND INDEPENDENT ASSURANCE TRANSPORTATION LABORATORY-MS 5 Making Conservation 5900 FOLSOM BLVD.A California Way of Life! SACRAMENTO, CA 95819-4612 Status: DATE:02/11/2021 Name of Agency:City of La Quinta Address:78-495 Calle Tampico, La Quinta, CA 92253 Telephone Number:(760) 777-7045 Fax:(760) 777-7155 Name and Title of Bryan McKinney, RCE# 49418, Exp. 09/30/2022 person In Charge:Public Works Direetor/City Engineer, City of La Quinta The document will be reviewed for compliance to California Department of Transportation, Quality Assurance (QAP) Manual for Use by Local Agencies (Jan. 20, 2011 revision) and Federal Highway Administration, 23 CFR 637. A. Document Reviewed ITEM NO. 1 2 3 B. Conditions of acceptance ITEM NO. 1 2 2.1 2.2 Material testing and sampling frequency table: see Appendix B (also attached to this QAP) 2.3 Test Method (when use): CTM - only Caltrans certified laboratory & tester will perform Acceptance Testing (AT), a secondary Independent Assurance Program (IAP) is not required. 2.4 Test Method (when use): AASHTO/ASTM - qualified laboratory & tester to perform Acceptance Testing (AT) and a separate laboratory and tester with similar or higher qualification to perform Independent Assurance Program (IAP) must be hired through local agency and conform to Section 5 of QAP Manual, Rev. Jan 20, 2011 2.5 Project on NHS/SHS will conform to testing program per item B.2.3 and AASHTO where CTM is not available. 2.6 Agency will use certified private materials laboratory. Check https://sia.dot.ca.gov/ for most update certifications. 3 4 by Oversight Engineer and/or FHWA. C. Reviewed by Caltrans, METS/OMM&IA SOUTH - (916) 708-7152 CERTIFIED Independent Assurance Engineer DATE. CONDITIONS OF COMPLIANCE accepted as part of this QAP: This QAP is applicable to all projects on NHS, SHS, and non-NHS 02/11/2021 Provide a signed hard copy to District 8 area engineer and/or DLAE for archive. Rabiul Hyder. - rabiul.hyder@dot.ca.gov This document(letter) shall be a part of QAP, to be attached to project construction document to be reviewed Compliance Document was reviewed and found to be in COMPLIANCE to our requirements DESCRIPTION DESCRIPTION City of La Quinta Quality Assurance Program (QAP) dated : 08/27/2020 Local Assistance area engineer - Sean Yeung, Email: sean.yeung@dot.ca.gov, Phone: (909) 383.4030 Quality Assurance Program REVIEW/ACCEPTANCE LETTER Caltrans Local Assistance District: District 8 QUALITY ASSURANCE PROGRAM (QAP) AGENCY: City of La Quinta 78-495 Calle Tampico, La Quinta, CA 92253 - T: (760) 777-705 - F: (760) 777-7155 The purpose of this program is to provide assurance that the materials incorporated into the construction projects are in conformance with the contract specifications. This program is supplemental to the Caltrans Quality Assurance Program (QAP) as well as Chapter 16 of the Local Assistance Procedures Manual (LAPM) which need to be followed. During the duration of this program the forms attached to this program might be superseded by more recent versions from the LAPM. This program should be updated every five years or more frequent if there are changes of the testing frequencies or to the tests themselves. To accomplish this purpose, the following terms and definitions will be used: DEFINITION OF TERMS x Acceptance Testing (AT) - Sampling and testing, or inspection, to determine the degree of compliance with contract requirements. x Independent Assurance Program (IAP) - Verifications that AT is being performed correctly by qualified testers and laboratories. x Quality Assurance Program (QAP) - A sampling and testing program that will provide assurance that the materials and workmanship incorporated into the construction project are in conformance with the contract specifications. The main elements of a QAP are the AT, and IAP. x Source Inspection - AT of manufactured and prefabricated materials at locations other than the job site, generally at the manufactured location. MATERIALS LABORATORY The AGENCY will use a private consultant materials laboratory to perform AT on Federal-aid and other designated projects. The materials laboratory shall be under the responsible management of a California registered Engineer with experience in sampling, inspection and testing of construction materials. The Engineer shall certify the results of all tests performed by laboratory personnel under the Engineer's supervision. The materials laboratory shall contain certified test equipment capable of performing the tests conforming to the provisions of this QAP. The materials laboratory used shall provide documentation that the laboratory complies with the following procedures: 1. Correlation Testing Program - The materials laboratory shall be a participant in one or more of the following three programs: a. AASHTO Materials Reference Laboratory (AMRL) b. Cement and Concrete Reference Laboratory (CCRL) c. Caltrans' Reference Samples Program (RSP) 2. Certification of Personnel - The materials laboratory shall employ personnel who are certified by one or more of the following: a. Caltrans District Materials Engineer b. Nationally recognized non-Caltrans organizations such as the American Concrete Institute, Asphalt, National Institute of Certification of Engineering Technologies, etc. c. Other recognized organizations approved by the State of California and/or Recognized by local governments or private associations. QAP – City of La Quinta – Revised: 08/11/2020 3. Laboratory and Testing Equipment - The materials laboratory shall only use laboratory and testing equipment that is in good working order. All such equipment shall be calibrated at least once each year. All testing equipment must be calibrated by impartial means using devices of accuracy traceable to the National Institute of Standards and Technology. A decal shall be firmly affixed to each piece of equipment showing the date of the last calibration. All testing equipment calibration decals shall be checked as part of the IAP. ACCEPTANCE TESTING (AT) AT will be performed by a materials laboratory certified to perform the required tests. The test results will be used to ensure that all materials incorporated into the project are in compliance with the contract specifications. Testing methods will be in accordance with the CT Methods or a national recognized standard (i.e. AASHTO, ASTM, etc.) as specified in the contract specifications. Sample locations and frequencies may be in accordance with the contract specifications. If not so specified in the contract specifications, samples shall be taken at the locations and frequencies as shown in Attachment #1. (Exhibit 16-R “Sampling and Testing Frequency Table”). INDEPENDENT ASSURANCE PROGRAM (IAP) IAP shall be provided by personnel from Caltrans when performing CT Methods, or a separate consultant's certified materials laboratory when performing other test methods. IAP will be used to verify that sampling and testing procedures are being performed properly and that all testing equipment is in good condition and properly calibrated. IAP personnel shall be certified in all required testing procedures required for the project. Proficiency tests shall be performed on Sieve Analysis, Sand Equivalent, and Cleanness Value tests. All other type of IAP shall be witness tests. Poor correlation between acceptance tester's results and other test results may indicate probably deficiencies with the acceptance sampling and testing procedures. In cases of unresolved discrepancies, a complete review of AT shall be performed by IAP personnel, or an independent materials laboratory chosen by the Agency. IAP samples and tests are not to be used for determining compliance with contract requirements. Compliance with contract requirements is determined only by AT. REPORTING ACCEPTANCE TESTING RESULTS The following are time periods for reporting material test results to the Resident Engineer: x When the aggregate is sampled at material plants, test results for Sieve Analysis, Sand Equivalent and Cleanness Value should be submitted to the Resident Engineer within 24 hours after sampling. x When materials are sampled at the job site, test results for compaction and maximum density should be submitted to the Resident Engineer within 24 hours after sampling. x When soils and aggregates are sampled at the job site: o Test results for Sieve Analysis, Sand Equivalent and Cleanness Value should be submitted to the Resident Engineer within 72 hours after sampling. o Test results for "R" Value and asphalt concrete extraction should be submitted to the Resident Engineer within 96 hours after sampling. When sampling products such as Portland Cement Concrete (PCC), cement-treated base (CTB), hot mix asphalt (HMA), and other such materials; the time of such sampling shall be varied with respect to the time of the day insofar as possible, in order to avoid a predictable sampling routine. The reporting of AT results, if not performed by the Resident Engineer's staff, shall be done on an expedited basis such as by fax or telephone. TESTING OF MANUFACTURED MATERIALS During the Design phase of a project, the Project Engineer may submit a "Source Inspection Request"see Attachment #2 (Exhibit 16-W of the LAPM) to the Agency, consultant, or Caltrans for inspection and testing of manufactured and prefabricated materials by their materials laboratory. A list of materials that can be typically QAP – City of La Quinta – Revised: 08/11/2020 accepted on the basis of certificates of compliance during construction is found in Attachment #3 (Exhibit 16- T1 [Caltrans Standard Specification] and Exhibit 16-T2 [Greenbook 2018] of the LAPM). All certifications of compliance shall conform to the requirements of the contract specifications, for examples see Attachment #4 (Appendix J of the Caltrans Quality Assurance Program [QAP] Manual). Should the Agency request Caltrans to conduct the source inspection, and the request is accepted, all sampling, testing, and acceptance of manufactured and prefabricated materials will be performed by Caltrans' Office of Materials Engineering and Testing Services. For Federal-aid projects on the National Highway System (NHS), Caltrans will assist in certifying the materials laboratory, and the acceptance samplers and testers. For Federal-aid projects off the NHS, Caltrans may be able to assist in certifying the materials laboratory, and the acceptance samplers and testers. PROJECT CERTIFICATION Upon completion of a Federal-aid project, a "Materials Certificate"shall be completed by the Resident Engineer. The Agency shall include a "Materials Certificate" in the Report of Expenditures submitted to the Caltrans District Director, Attention: District Local Assistance Engineer. A cop y of the "Materials Certificate" shall also be included in the Agency's construction records. The Resident Engineer in charge of the construction function of the Agency shall sign the certificate. All materials incorporated into the work which did not conform to specifications must be explained and justified on the "Materials Certification", including changes by virtue of contact change orders. See Attachment #5 for an example (Appendix K of the Caltrans Quality Assurance Program [QAP] Manual). RECORDS All material records of samples and tests, material releases and certificates of compliance for the construction projects shall be incorporated into the Resident Engineer's project file. If a Federal-aid project: x The files shall be organized as described in Section 16.3 “Maintaining Project Records”of the Local Assistance Procedures Manual. See Attachment #6 for a copy. x It is recommended that the complete project file be available at a single location for inspection by Caltrans and Federal Highway Administration (FHWA) personnel. x The project files shall be available for at least three years following the date of final project voucher. x The RE must obtain test data and results from the lab in a timely manner and keep records of all samples and test in the project files. This facilitates reviews of material sampling and testing by Caltrans and FHWA, and assists the Resident Engineer in tracking the frequency of testing. The RE must keep a test results summary log for each test method performed more than once. Use Exhibit 16-Z2 “Acceptance Testing Results Summary Log”or a similar form. See Attachment #7 for a copy (a similar version can be found as Attachment “H” to the Caltrans Sample Quality Assurance Program [QAP] Manual). When two or more projects are being furnished identical materials simultaneously from the same plant, it is not necessary to take separate samples or perform separate tests for each project; however, copies of the test reports are to be provided for each of the projects to complete the records. APPROVED BY: (Signature)(CE#) NAME: Bryan McKinney DATE: TITLE: Public Works Director/City Engineer CITY OF: La Quinta 49418 8/27/2020 Digitally signed by Bryan McKinney DN: cn=Bryan McKinney, o, ou, email=bmckinney@laquintaca.gov, c=US Date: 2020.08.27 17:22:04 -07'00' QAP – City of La Quinta – Revised: 08/11/2020 APPENDIX #1 ACCEPTANCE AND TESTING FREQUENCIES ) I Local Assistance Procedures Manual Exhibit 16-R Sampling and Testing Frequency Exhibit 16-R Sampling and Testing Frequency Table for projects OFF the SHS Sample for Local Agency QAPs Sampling and Testing Frequency Table for projects OFF the SHS. HOT MIX ASPHALT (HMA) / ASPHALT CONCRETE (AC) Quality Characteristic Test Method Minimum Sampling and Testing Frequency Location/Time of Sampling Aggregate Gradation (Sieve) CT 202 1 Per 1000 Tons or Part Thereof ; Minimum 1 per day during At Plant Per CT 125 (a) Sand Equivalent CT 217 Asphalt Binder Content CT 382 production/placement of at least 300 tons per day. Loose Mix Behind Paver Per CT 125 In-Place Density and Relative Nuclear (b) 1 Per 1000 Tons or Part Thereof ; Minimum 1 per day during production/placement of at least 300 tons per day. (b) Random Locations Per CT 375 (c Compaction (Nuclear ) CT 375 or ASTM D2950 (c) Theoretical Maximum Specific Gravity and Density (Rice) CT 309 1 Per Day During Production/Placement of At Least 300 Tons Per Day Loose Mix Behind Paver Per CT 125 HMA Moisture Content CT 226 or CT 370 Stabilometer Value (d) CT 366 Asphalt Binder Sample per Section 92 Sample 1 min. per day for production over 300 tons per day; See (f) regarding testing. At Plant Per CT 125 Smoothness 12-foot Straightedge As necessary to confirm contract compliance. Final Pavement Surface (a) Exact tonnage of sample location to be determined by Random Sampling Plans (b) Compaction determined by Neclear Density Device. Core testing required if compaction fails the neclear test (c) Correlation between core densities and nuclear device required only if compaction fails the nuclear test (d) Report the average of 3 tested briquettes from a single split source (e) Use CT 309 to determine maximum theoretical density in lieu of CT 367 calculated maximum theoretical density (f) No testing required unless warranted by concern ; sample and store until completion of project January 2018 Page 1 of 3 I Local Assistance Procedures Manual Exhibit 16-R Sampling and Testing Frequency SUBGRADE (DISTURBED BASEMENT SOIL) OR EMBANKMENT Quality Characteristic Test Method Minimum Sampling and Testing Frequency Location/Time of Sampling Maximum Density and Relative Compaction CT 216/CT 231 1 Min. Test per 5000 sq ft under vehicle traveled way and shoulder 1 Min. Test Per 300 linear foot under sidewalk Random locations as determined by the Engineer in place after compaction. AGGREGATE BASES AND SUBBASES, IMPORTED BORROW Quality Characteristic Test Method Minimum Sampling and Testing Frequency Location/Time of Sampling Sample from site stockpile/plant prior to placement. Sieve Analysis CT 202 1 Min. Test Per Material Source R-Value CT 301 Sand Equivalent CT 217 Maximum Density and Relative Compaction CT 216/CT 231 1 Min. Test per 5000 sq ft Random locations as determined by the Engineer in place after compaction. STRUCTURE BACKFILL, SELECT BACKFILL Quality Characteristic Test Method Minimum Sampling and Testing Frequency Location/Time of Sampling Sieve Analysis CT 202 1 Min. Test Per Material Source Sample from site stockpile/plant prior to placement R-Value CT 301 Sand Equivalent CT 217 Maximum Density and Relative Compaction CT 216/CT 231 1 Min. Test Per 2 Vertical Lifts of Placement Random locations as determined by the Engineer in place after compaction. January 2018 Page 2 of 3 Local Assistance Procedures Manual Exhibit 16-R Sampling and Testing Frequency Quality Characteristic Minimum Sampling and Testing Frequency Quality Characteristic Minimum Sampling and Testing Frequency Test Method Location/Time of Sampling Test Method Location/Time of Sampling Quality Characteristic Minimum Sampling and Testing Frequency PORTLAND CEMENT CONCRETE (PCC) - STRUCTURAL AND SIGNAL/LIGHTING FOUNDATIONS COARSE AGGREGATE Sieve Analysis CT 202 Sample from site stockpile/plant prior 1 min. test per 500 cu yds and per each material source ; 1 min. test on to placement smaller projects; If bridge, 1 min. set per separate pour per Cleanness Value CT 227 abutment/pier/deck. FINE AGGREGATE Sieve Analysis CT 202 Sample from site stockpile/plant prior 1 min. test per 500 cu yds and per each material source ; 1 min. test on to placement smaller projects; If bridge, 1 min. set per separate pour per Sand Equivalent CT 217 abutment/pier/deck. WET MIX Test Method Location/Time of Sampling Slump/Penetration CT 533 2 per day Sample from truck/work site 1 min. set of 3 per day; If bridge, 1 min. set per separate pour of Cylinders CT 539/540 abutment/pier/deck. January 2018 Page 3 of 3 QAP – City of La Quinta – Revised: 08/11/2020 APPENDIX #2 SOURCE INSPECTION REQUEST _____________________ _______________________________________________ ________________________________________ Local Assistance Procedures Manual EXHIBIT 16-W Source Inspection Request to TransLab SAMPLE COVER MEMO SOURCE INSPECTION REQUEST FROM LOCAL AGENCY’S RESIDENT ENGINEER TO CALTRANS’ OFFICE OF MATERIALS ENGINEERING AND TESTING SERVICES (Prepared by Applicant on Applicant Letterhead ) To: Office of Materials Engineering & Testing Date: Services, MS #5 California Department of Transportation 5900 Folsom Blvd. Sacramento, CA 95819 EA: Project Number:__________________________________ Project Description:_______________________________________________________________________ Subject: (____________________________________) We are requesting that Caltrans provide Source Inspection (reimbursed) services for the above-mentioned project. We requested and received prior authorization for this service from our district Local Assistance Engineer, as noted by the attached approval memo from District Local Assistance Engineer. Please find the following documents enclosed as required: 1. Completed CEM-3101 2. One set of PS&E Any question you might have about the materials, to be inspected, should be directed to: , at . (Applicant Representative Name) (Title) _______________________________________________ (Local agency, name & address) Page 16-111 LPP 05-03 November 23, 2005 QAP – City of La Quinta – Revised: 08/11/2020 APPENDIX #3 MATERIALS ACCEPTED WITH CERTIFICATE OF COMPLIANCE Local Assistance Procedures Manual Exhibit 16-T1 Materials Requiring a Certificate of Compliance per Caltrans Standard Specifications Exhibit 16-T1 Materials Requiring a Certificate of Compliance per Caltrans Standard Specifications Table 6-2.3 Materials Accepted by Certificate of Compliance (1 of 7) Material/Product Remarks (Including Requirements for Additional Back-Up Information Required with Certificate of Compliance) Asphalt Asphaltic emulsion Certificate of compliance must include the following: 1. Shipment number and shipment date. 2. Source refinery, consignee, and destination. 3. Type and description of material with specific gravity and quantity. 4. Contract or purchase order number. 5. Signature by the manufacturer of the material and a statement that the material complies with the contract. Asbestos cement pipe Asbestos sheet packing Asphalt modifier Test results required with each truck load. Asphalt rubber joint sealant A certified test report of the results for the required tests performed within 12 months before the proposed use. Backer rods Must include manufacturer’s statement of compatibility with the joint sealant to be used. Barbed Wire Blast cleaning material Bonding Material Brick Cable-type restrainers Lock nuts Certificate of compliance must be submitted with a copy of each required test report. Cast iron pipe Cast iron manhole rings and covers Chemical adhesive for bonding tie bars and dowel bars in concrete pavement Chemical adhesive for structures Certificate of compliance must state compliance with ICBO AC 58 and Caltrans. Augmentation/Revisions to ICBO AC 58. Concrete Admixture Certificate of compliance from the manufacturer must certify that the admixture furnished is the same as that previously authorized or the authorized materials list. Concrete Cementitious material Certificate of compliance must include the source name and location. If the cementitious material is delivered directly to the job site, the certificate of compliance must be signed by the cementitious material supplier. If the cementitious material is used in ready-mixed concrete, the certificate of compliance must be signed by the concrete manufacturer. If blended cement is used, the certificate of compliance must include a statement signed by the blended cement supplier that shows the actual percentage of SCM, by weight, in the blend. Concrete Curing compound Certificate of compliance must include: 1. Test results for the tests specified in Section 90-1.01D(6) [90-7.01B] of the Standard Specifications. 2. Certification that the material was tested within 12 months before use. Concrete Minor concrete Before placing minor concrete from a source not previously used on the contract, a certificate of compliance stating that the minor concrete to be furnished complies with the contract requirements, including the specified minimum cementitious material content. Ceramic tile Chain link fencing and railing Certificate required for protective coating system. Concrete anchorage devices Page 1 of 7 January 2020 Local Assistance Procedures Manual Exhibit 16-T1 Materials Requiring a Certificate of Compliance per Caltrans Standard Specifications Table 6-2.3 Materials Accepted by Certificate of Compliance (2 of 7) Material/Product Remarks (Including Requirements for Additional Back-Up Information Required with Certificate of Compliance) Concrete pipe Circular reinforced direct design method Certificate of compliance must: 1. Be signed by the manufacturer's quality control representative. 2. State that all materials and workmanship comply with the specifications and authorized shop drawings. Copper pipe Corrugated metal pipe Crack sealant Certificate of compliance must include: 1. Manufacturer's name 2. Production location 3. Product brand or trade name 4. Product designation 5. Batch or lot number 6. Crack treatment material type 7. Contractor or subcontractor name 8. Contract number 9. Lot size 10. Shipment date 11. Manufacturer's signature Crash cushions Crumb rubber modifier Test results required with each truck load. Culvert markers Delineators Certificate of compliance required for: 1. Metal target plates 2. Enamel coating 3. Retroreflective sheeting Dowel bar baskets Drop inlet grates and frames Drain tile Drip irrigation line Elastomeric Bearing Pads Plain Certified test results for the elastomer. Elastomeric Bearing Pads Steel-reinforced Certified test results. Electrical Battery back-up system Certificates of compliance is required for: • External cabinet • Batteries Electrical Conductor Electrical Conduit (galvanized and plastic) Electrical Equipment Electrical Pull boxes (concrete and plastic) Electrical Service cabinets Page 2 of 7 January 2020 Local Assistance Procedures Manual Exhibit 16-T1 Materials Requiring a Certificate of Compliance per Caltrans Standard Specifications Table 6-2.3 Materials Accepted by Certificate of Compliance (3 of 7) Material/Product Remarks (Including Requirements for Additional Back-Up Information Required with Certificate of Compliance) Erosion control Certificate of compliance is required for: • Straw • Fiber • RECP • Fasteners Certificate of compliance with attachments are required for: • Tackifier • Bonded fiber matrix • Polymer-stabilized fiber matrix Certificates of compliance attachments include: 1. Material Safety Data Sheet. 2. Product label. 3. List of applicable nonvisible pollutant indicators for soil amendment and stabilization products as shown in the table titled "Pollutant Testing Guidance Table" in the Caltrans Construction Site Monitoring Program Guidance Manual. 4. Report of acute and chronic toxicity tests on aquatic organisms conforming to EPA methods. 5. List of ingredients, including chemical formulation. 6. Properties of polyacrylamide in tackifier including (1) percent purity by weight, (2) percent active content, (3) average molecular weight, and (4) charge density. Epoxy Epoxy powder coating for dowel bars and tie bars Expansion joint filler Fiberglass pipe Certificate of compliance must be submitted with laboratory test results. Gabions If PVC coating is shown, a suitable UV resistance additive must be blended with the PVC and the additive must be shown on the certificate of compliance. Geocomposite drain Certificate of compliance must certify that the drain produces the specified flow rate. The certificate must be accompanied by a flow capability graph for the geocomposite drain showing flow rates and the externally applied pressures and hydraulic gradients. Verification must be by an authorized laboratory for the flow capability graph. Geosynthetics Test sample representing each lot and minimum average roll value. Glass beads Glue laminated timbers and decking Guide markers Irrigation hose Irrigation pipe Certificate of compliance required for: • Polyethylene pipe. • Plastic pipe supply line for pipe with wall thickness of the bell less than the specified minimum wall thickness of the pipe. Joint filler material Joint seals (Type A and AL) Certified test report for each batch of sealant. Page 3 of 7 January 2020 Local Assistance Procedures Manual Exhibit 16-T1 Materials Requiring a Certificate of Compliance per Caltrans Standard Specifications Table 6-2.3 Materials Accepted by Certificate of Compliance (4 of 7) Material/Product Remarks (Including Requirements for Additional Back-Up Information Required with Certificate of Compliance) Joint seal (Type B) Certificate of compliance required for: • Elastomeric joint seal • Lubricant-adhesive Certificate of compliance must be submitted with certified test report for each lot of elastomeric joint seal and lubricant-adhesive. Test reports must include the seal movement rating, the manufacturer's minimum uncompressed width, and test results. Joint seal assemblies with a movement rating of 4 inches or less For alternative joint seal assemblies, a certificate of compliance must be submitted for each shipment of joint seal materials. The certificate must state that the materials and fabrication involved comply with the specifications and the data submitted in obtaining the authorization for the alternative joint seal assembly. Joint seal assemblies with a movement rating over 4 inches Lime Certificate of compliance must include a statement certifying the lime furnished is the same as on the authorized material source list. Machine spiral wound PVC pipeliners Certificate of compliance for each reel of PVC strip must include: 1. Name of manufacturer 2. Plant location 3. Date of manufacture and shift 4. Cell classification 5. Unit mass 6. Average pipeliner stiffness and profile type Markers Certificate of compliance required for: 1. Metal target plates 2. Enamel coating 3. Retroreflective sheeting Masonry block Certificate of compliance required for: 1. Concrete masonry units 2. Aggregate for grout 3. Grout Micro surfacing emulsion Mulch Open steel flooring and grating Overside drains Certificate of compliance based on steel materials, aluminum materials or plastic materials. Parking area seal material Pavement markers Pavement marking Paint or thermoplastic Plastic lumber Laboratory test report. Plastic traffic drums Plastic pipe for drainage Certificate of compliance must include average pipe stiffness, resin material cell classification, and date of manufacture. For corrugated polyethylene pipe, manufacturer’s copy of plant audits and test results from the National Transportation Products Evaluation Program for the current cycle of testing for each pipe diameter furnished. Portable changeable message sign Precast concrete Cementitious material used in precast concrete products Certificate of compliance must be signed by the precast concrete product manufacturer. Page 4 of 7 January 2020 Local Assistance Procedures Manual Exhibit 16-T1 Materials Requiring a Certificate of Compliance per Caltrans Standard Specifications Table 6-2.3 Materials Accepted by Certificate of Compliance (5 of 7) Material/Product Remarks (Including Requirements for Additional Back-Up Information Required with Certificate of Compliance) Precast concrete Box culverts Certificate of compliance must be signed by the manufacturer's QC representative for each shipment. Precast raised traffic bars Preformed compression seal for concrete pavement Preformed membrane sheet Must include type of sheet and the conditioner or primer application rates. Rapid strength concrete Certificate of compliance is required for each delivery of aggregate, cementitious material, and admixtures used for calibration tests. The certificate of compliance must state that the source of the materials used for the calibration tests is the same source as to be used for the planned work. Reinforcement You may request that the contractor submits with certificate of compliance: 1. Copy of the certified mill test report for each heat and size of reinforcing steel showing physical and chemical analysis. 2. Two copies of a list of all reinforcement before starting reinforcement placement. Reinforcement Epoxy-coated Certificate of compliance for each shipment of epoxy-coated reinforcement must be submitted with: 1. Certification that the coated reinforcement complies with ASTM A 775/A 775M for bar reinforcement or ASTM A 884/A 884M, Class A, Type 1, for wire reinforcement 2. All certifications specified in ASTM A 775/A 775M for bar reinforcement or ASTM A 884/A 884M for wire reinforcement. Reinforcement Epoxy-coated prefabricated reinforcement Certificate of compliance for each shipment of epoxy-coated prefabricated reinforcement must be submitted with: 1. Certification that the coated reinforcement complies with ASTM A 934/A 934M for bar reinforcement or ASTM A 884/A 884M Class A, Type 2 for wire reinforcement. 2. All certifications specified in ASTM A 934/A 934M for bar reinforcement or ASTM A 884/A 884M for wire reinforcement. Reinforcement Epoxy-coating patching materials Certificate of compliance for the patching material must include certification that the patching material is compatible with the epoxy powder to be used. Reinforcement Headed bar Certificate of compliance for each shipment of headed bar reinforcement must be submitted with: 1. Mill test reports for the: 1.1. Bar reinforcement 1.2. Head material 2. Production test reports 3. Daily production logs Reinforcement Splicing Certificate of compliance for each shipment of splice material must be submitted with: 1. Type or series identification of the splice material, including tracking information for traceability. 2. Grade and size number of reinforcement to be spliced. 3. Statement that the splice material complies with the type of mechanical splice on the authorized material list. 4. For resistance-butt-welded material: 4.1. Heat number 4.2. Lot number 4.3. Mill certificates Page 5 of 7 January 2020 Local Assistance Procedures Manual Exhibit 16-T1 Materials Requiring a Certificate of Compliance per Caltrans Standard Specifications Table 6-2.3 Materials Accepted by Certificate of Compliance (6 of 7) Material/Product Remarks (Including Requirements for Additional Back-Up Information Required with Certificate of Compliance) Sheet metal Sign panels Certificates of compliance required for: 1. Aluminum sheeting 2. Retroreflective sheeting 3. Screened-process colors 4. Nonreflective, opaque, black film 5. Protective-overlay film Silicone joint sealant A certified test report of the results for the required tests performed within 12 months before the proposed use. Slotted edge drain Snow poles Snow plow deflectors polyethylene material Soil amendment Steel crib wall Sheet metal Sign panels Certificates of compliance required for: 1. Aluminum sheeting 2. Retroreflective sheeting 3. Screened-process colors 4. Nonreflective, opaque, black film 5. Protective-overlay film Silicone joint sealant A certified test report of the results for the required tests performed within 12 months before the proposed use. Slotted edge drain Snow poles Snow plow deflectors polyethylene material Soil amendment Steel crib wall Steel pipe piles The certificate of compliance must be signed by the plant's QC representative. The QC representative must be on record with the Department's Office of Structural Materials. certificate of compliance must include: 1. Statement that all materials and workmanship incorporated in the work and all required tests and inspections of this work have been performed as described. 2. Certified mill test reports for each heat number of steel pipe piles being furnished. 3, Test reports for tensile, chemical, and any specified non-destructive test (NDT). 4. Test reports must be based on test samples taken from the base metal, steel, coil or from the manufactured or fabricated piles. 5. Calculated carbon equivalent. The carbon equivalent may be shown on the mill test report. Steel sheet piling Structural plate culverts Certificate of compliance required for: 1. Structural metal plate pipe 2. Arches 3. Pipe arches 4. Metal liner plate pipe Page 6 of 7 January 2020 Local Assistance Procedures Manual Exhibit 16-T1 Materials Requiring a Certificate of Compliance per Caltrans Standard Specifications Table 6-2.3 Materials Accepted by Certificate of Compliance (7 of 7) Material/Product Remarks (Including Requirements for Additional Back-Up Information Required with Certificate of Compliance) Structural shape steel piles Certificate of compliance must include: 1. Test reports for tensile, chemical, and any specified NDT. Test samples must be taken from the base metal, steel, or from the manufactured or fabricated pile. 2. A statement that all materials and workmanship incorporated in the work and all required tests and inspections of this work have been performed as described. Structural composite lumber used in falsework Structural steel thermal spray coat Wire feedstock Styrofoam filler Subsurface drain Temporary concrete washout Certificate of compliance required for: • Gravel-filled bag • Plastic liner Temporary fence (Type ESA) Certificate of compliance required for: • High visibility fabric • Safety caps for metal posts Temporary linear sediment barrier Certificate of compliance required for: • Fiber roll • Safety cap for metal posts • Silt fence fabric • Sediment filter bag • Foam barrier • Gravel-filled bag fabric Temporary railing (Type K) Thermoplastic Tie bars Tie bar baskets Timber products (treated and untreated) Certificate of compliance for timber and lumber must state the species of the material to be shipped and include a certified grading report. If treated, certified treating report. Threaded tie bar splice couplers Traffic stripe Paint or thermoplastic Turf sod Underdrains Certificate of compliance required for: • Type of pipe • Tubing • Fitting Waterproofing fabric Waterstop Certificate of compliance for waterstop material must state compliance with paragraph 6 of Army Corps of Engineers CRD-C 572. Welded wire fabric Wire mesh fencing Page 7 of 7 January 2020 Local Assistance Procedures Manual Exhibit 16-T2 Materials Requiring a Certificate of Compliance per the Greenbook Greenbook 2018 Materials Requiring a Certificate of Compliance or Certified Test Reports Material Section # Section Title Additional Comments 1 4-5 Certificate of Compliance General Requirements 2 Weighing and Metering Equip. 4-7 Weighing and Metering Equipment Engineer to "approve" prior to operation. 3 Cement 201-1.21 Cement 4 Fly Ash 201-1.2.5.3 Fly Ash Specific language/info required on the COC. Must also submit test data upon request. 5 Pozzolans 201-1.2.5.4 Class N Pozzolans Specific language/info required on the COC. Must also submit test data upon request. 6 Joint Sealant , Type E 201-3.9 Test Report and Certification Specific language/info required on certified test reports. 7 Curing Compound 201--4.3 Test Report and Certification Must submit certified test report upon request. 8 Paving Asphalt 203-1.3 Test Report and Certification Specific language/info required on certified test reports. 9 Liquid Asphalt 203-2.2 Test Report and Certification Specific language/info required on certified test reports. 10 Microsurfacing Emulsion (MSE) 203-3.5 Certificate of Compliance With each load. Must also submit test data upon request. 11 Latex 203-10.2.2 Latex Specific language/info required on the COC. 12 Asphalt Rubber Hot Mix (ARHM) 203-11.2 Materials Must also submit test reports with the COC. 13 Crumb Rubber Modifier (CRM) 203-11.2.3.1 General (Crumb Rubber Modifier) Specific language/info required on the COC. 14 Treated Wood 204-2.4 Quality Control Specific language/info required on the COC. 15 Structural Steel , Rivets, Bolts, Pins 206-1.1.2 Certification Specific language/info required on certified test reports. 16 Gray Iron and Ductile Iron Castings 206-3.4.2.1 General (Tensile Testing) Must also submit test reports with the COC. 17 Gray Cast Iron Castings 206-3.4.2.2 Gray Cast Iron Castings Specific language/info required on the COC and must submit certified test results. 18 Ductile Iron Castings 206-3.4.2.3 Ductile Iron Castings Specific language/info required on the COC and must submit certified test results. 19 Corrugated Steel Pipe, pipe arches. 207-11.2.1 General (Materials) Page 1 of 2 January 2020 Local Assistance Procedures Manual Exhibit 16-T2 Materials Requiring a Certificate of Compliance per the Greenbook 20 Structural Steel Products 207-12.2.1 General (Materials) Specific language/info required on the COC. 21 Structural Aluminum Products 207-14.2.1 General (Materials) Specific language/info required on the COC. 22 PVC Pipe 207-17.4.1 General (Test Requirements) 23 PolyPropylene Pipe 207-25.6.1 General (Man. Facility Testing) 24 Materials used in Sewers 211-2 Chemical Resistance (Pickle Jar) Test Specific language/info required on the COC. 25 Viscometer Calibration 211-4.2 Calibration 26 Engineering Geosynthetics 213-1 General (Engineering Geosynthetics) Specific language/info required on the COC. 27 Traffic Paint, Thermo and Markers 214-2 Test Reports And Cert. of Compliance Specific language/info required on certified test reports OR COC 28 Precast Reinforced Concrete Box 216-8 Basis of Acceptance 29 Fiberglass Standards 700-3.3.4 Fiberglass Standards Specific language/info required on the COC and test reports. 30 Conductors for Series Circuits, 5000V 700-4.2.2 Conductors for Series Circuits 31 Conductors and Cable 700-5.3.1 General (Conductors and Cable) 32 Lamp Receptable Conductors 700-5.5.7 Electrical Components COC Required if required information is not marked on the insulation. 33 LED Signal Modules 700-5.5.11.8 Certificate of Compliance 34 LED Pedestrian Signal Module 700-5.6.6.7 Certificate of Compliance Page 2 of 2 January 2020 QAP – City of La Quinta – Revised: 08/11/2020 APPENDIX #4 CERTIFICATE OF COMPLIANCE EXAMPLE Division of Local Assistance, Office of Procedures Development and Training Quality Assurance Program (QAP) Manual for Use by Local Agencies Revised January 20, 2011 Appendix J.1 - Example of a Vendor’s Certificate of Compliance 36 Division of Local Assistance, Office of Procedures Development and Training Quality Assurance Program (QAP) Manual for Use by Local Agencies Revised January 20, 2011 Appendix J.2 - Example of a Certificate of Compliance for Portland Cement (continued) ThisThis is to certifyis to certify tthhat theat the PortPortland Cemland Cemeentnt .. Supplied by ABC Cement Company complies with all requirements for Type II Portland Cement when tested in accordance with ASTM C - 494. Local Agency Project No. Albert Howakowa HP21L – 5055 – 111 Quality Assurance Engineer ABC Cement Company Date: 07/07/07 . 37 QAP – City of La Quinta – Revised: 08/11/2020 APPENDIX #5 MATERIAL CERTIFICATION EXAMPLE □ □ Local Assistance Procedures Manual EXHIBIT 17-G Materials Certificate EXHIBIT 17-G MATERIALS CERTIFICATE Materials Certificate CITY/COUNTY LETTERHEAD (Sample) Date: Federal-Aid Project No.: Caltrans File Category 61: Job Stamp Subject: Materials Certification This is to certify that: The results of the tests on acceptance samples indicate that the materials incorporated in the construction work and the construction operations controlled by sampling and testing were in conformity with the approved plans and specifications. Exceptions to the plans and specifications are explained on the back of this memorandum (or on attached sheet). No exceptions to the plans and specifications were found. Signature of local agency engineer in responsible charge of project and title Distribution: ( For all projects ) 1) Local agency Project Files (original) 2) DLAE (1 copy in Report of Expenditures) (For projects on the NHS) 3) FHWA (1 copy) Page 17-23 LPP 09-01 April 30, 2009 QAP – City of La Quinta – Revised: 08/11/2020 APPENDIX #6 PROJECT FILE ORGANIZATION I Local Assistance Procedures Manual Chapter 16 Administer Construction Contracts surveyors, however, the local agency must provide a full-time public employee to be the person who is in responsible charge. Document the Project Staff List the names, titles and contact number of all staff (Agency and consultants hired by the agency) assigned to the project performing contract administration duties, including engineers, inspectors, lab testers, office help or others. This list should not include any contractors’ staff or consultants hired by the prime contractor. Place a copy in the project files. This documentation is essential for auditors to determine the adequacy of the local agency’s staffing. Obtain the Designation of the Contractor’s Authorized Representative Prime contractors, including those operating in joint venture, must be required by the project specifications to designate in writing a person authorized to supervise the work and to act for the contractor on the project. The representative must be present at the jobsite while work is in progress. Both the Caltrans Standard Specifications, as well as the Greenbook, includes this requirement. Place a copy of the authorization in the project file, providing the address and after hours contact information of the person authorized to supervise. 16.3 MAINTAINING PROJECT RECORDS A local agency must establish a separate record file for each federal-aid highway project. The project file must contain all data pertinent to the work and to the requirements of the specifications. In general, project records must support the adequacy of the field supervision, inspection and testing; conformance to contract specifications; and payments to the contractor. Generally, whenever the local agency is unable to produce requested records, it shall be assumed by reviewing personnel the required actions were never performed. Organized project files can minimize these negative assumptions. During the construction phase, Caltrans Construction Oversight Engineers periodically perform reviews and inspection of the local agency project files for compliance with federal and state requirements. Organization and content of the project file is one indicator of the effective and efficient management of the project by the RE. It also minimizes resources necessary for conducting process reviews. Organization of Project Records Each agency must develop or adopt a filing index to be used on all federal-aid projects administered by the agency off the SHS. An agency is only required to use the CT filing index for projects on the SHS. The files must be complete and well organized and should include, at a minimum, even on relatively simple projects, the topics indicated below. Project Record Filing System - Locally Administered Federal-Aid Projects 1. Award Package a. Exhibit 15-A: Local Agency Construction Contract Administration Checklist b. Exhibit 15-B: Resident Engineer’s Construction Contract Administration Checklist c. Exhibit 15-M: Detail Estimate d. LAPM 3-A: Project Authorization/Adjustment Request Page 4 of 61 January 2020 Local Assistance Procedures Manual Chapter 16 Administer Construction Contracts 2. Project Personnel a. Local Agency Project Personnel Sheet (names, titles and phone number) b. Local Agency and Contractor’s Emergency Contact Information Sheet c. Contractor’s letter designating representative authorized to act for the contractor 3. Correspondence a. To contractor b. From contractor c. General 4. Exhibit 16-A: Weekly Statement of Working Days 5. Quality Assurance: a. Copy of Quality Assurance Plan b. Independent Assurance i. Exhibit 16-D: Certificate of Proficiency ii. Certification of Accreditation of Testing Lab (TL-0113) iii. Equipment Calibration Verifications (Nuclear Gauge) c. Exhibit 16-I: Notice of Material to be Used (Form CEM-3101) d. Acceptance Testing Results and Initial Tests (Make a Category 6d for each material such as, 6d1.i, Cl 2 Base Test Summary Log, 6d2.ii Cl 2 Base Test Results- 6d2.i AC Test Results Log etc. Include items below for each): i. Test Result Summary Log ii. Test Results e. Exhibit 16-T: Materials Typically Accepted by Certificate of Compliance f. Exhibit 16-K: Report of Inspection of Material (Form MR-0029) g. Buy America Certifications h. Exhibit 16-G: Corroboration Report 6. Engineer’s Daily Reports a. Resident Engineer’s Daily Report (Exhibit 16-C, or similar) b. Assistant Engineer’s Daily Report (Exhibit 16-C, or similar) c. Structures Engineer 7. Photographs 8. Contract Item Pay Quantity Documents Page 5 of 61 January 2020 Local Assistance Procedures Manual Chapter 16 Administer Construction Contracts 9. Exhibit 16-Y: Monthly Progress Payment Item Quantity Calculation Sheet, or similar 10. Change Orders (CO) a. CO 1 i. Approved CO or equivalent (agencies may use their own form or use State form CEM-4900) ii. CO Memorandum/Transmittal Letter or equivalent (agencies may use their own form or use State form CEM-4903) iii. Written Prior Approval to Proceed iv. Independent Supporting Force Account Cost Calculations (if Agreed Price) v. Justification of time extension vi. Extra Work Reports b. CO 2 etc. 11. Progress Pay Estimates and Status of Funds 12. Labor Compliance and Equal Employment Opportunity (EEO) records a. Certified Payrolls b. Exhibit 16-B: Subcontracting Request c. Photo Documentation of all required posters: www.fhwa.dot.gov/programadmin/contracts/poster.cfm d. Labor Compliance Interviews e. Exhibit 16-O: Federal-Aid Highway Contractors Annual EEO Report 13. Disadvantaged Business Enterprise (DBE) Records a. Exhibit 15-G: Construction Contract DBE Information b. Exhibit 15-H: DBE Information -Good Faith Efforts c. Exhibit 16-Z1: Monthly DBE Trucking Verification d. DBE Substitution Supporting Documentation (if applicable) e. Exhibit 17-F: Final Report –Utilization of DBE and First –Tier Subcontractor Other sections of this chapter explain the content of the above listed file categories. A large and complex project usually requires a more detailed record-keeping system. The record-keeping system described in Caltrans Construction Manual, Section 5-102, Organization of Project Documents is suggested for large projects. Page 6 of 61 January 2020 Local Assistance Procedures Manual Chapter 16 Administer Construction Contracts Availability of Records for Review or Audit The record retention period for the non-Federal entities for financial purposes is 3 years and begins when the final voucher is submitted in FMIS and required documentation is submitted to FHWA per the stewardship and oversight agreement. The files must be available at a single location for these reviews and audits. Use of a uniform project record-keeping system, together with diligent maintenance of the system, greatly facilitates a process review and minimizes negative findings. Good records of all construction activities clearly demonstrate to those concerned that project supervision and control were attained on the project. 16.4 PRE-CONSTRUCTION CONFERENCE For all construction projects, the local agency must schedule a pre-construction conference with the contractor. Required Attendees: • Local Agency Representative • Resident Engineer (if this is not the same person as above) • Contractor Possible/Recommended Attendees: • Local Agency Labor Compliance Officer • Local Agency Safety Officer • Other Affected Agencies (Fish and Wildlife, Parks and Rec, etc.) • Emergency Services (Fire, Police, Ambulance, etc.) • Public Utilities (if relocation or temporary shut downs are required) • FHWA Project Oversight Manager The size, duration, and complexity of the project should be considered when determining who to invite. When an invitation is extended to Caltrans, representation will be up to the DLAE as resources allow. The local agency representatives should discuss important contract issues, submittals, as well as sanctions for non-compliance with local, state, and federal requirements. Required Topics: • Safety • Equal Employment Opportunity • Labor Compliance • Subcontracting (including required submittal of the Exhibit 16-B: Subcontracting Request) • DBE • NEPA, Permits and Environmental Mitigation Commitment requirements • Potential Traffic or Pedestrian Handling Issues Page 7 of 61 January 2020 QAP – City of La Quinta – Revised: 08/11/2020 APPENDIX #7 ACCEPTANCE TESTING LOG SUMMARY EXAMPLE ~ Exhibit 16-Z2 Local Assistance Procedures Manual Acceptance Testing Result Summary Log Exhibit 16-Z2 Acceptance Testing Results Summary Log Project Name: __________________________________________________________ Test Method Name: ___________________ Test Method Number: ___________________ Contract Number: _______________________________________________________ Test Number Date Sampled Name of Sampler or Tester Production Test Results Remarks Tester Certification on file? Location (Stations, depths, etc) Production Quantity Represented Required Result Actual Result Pass/Fail Include action taken for any failing test result; note test number of any retest. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 1 of 1 January 2018