Specifications Project 2023-07CALIFORNIA
BID DOCUMENTS
SPECIFICATIONS
CITY PROJECT NO. 2023-07
AND
CDBG PROJECT NO. 4.LQ.48-23
CITYWIDE MISCELLANEOUS ADA IMPROVEMENTS
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: February 1, 2024
BRYAN MCKINNEY, P.E.
PUBLIC WORKS DIRECTOR/ CITY ENGINEER
R.C.E. No. 49418 Exp Date: 09/30/2024
JANUARY 2024
TABLE OF CONTENTS
DIVISION 1 - BIDDING AND CONTRACT REQUIREMENTS PAGE
1100
Invitation to Bid
1100-1
1110
Instructions to Bidders
1110-1
1.0 Work to be Done
1110-1
2.0 Examination of Contract Documents
1110-1
3.0 Inspection of Site
1110-1
4.0 Interpretation of Contract Documents
1110-2
5.0 Postponement of Opening
1110-2
6.0 Opening of Bids
1110-2
7.0 Preparation of Bid Forms
1110-3
8.0 Bidder's Signature and Authority
1110-3
9.0 Erasures
1110-4
10.0 Bid Irregularities
1110-4
11.0 Modification of Bid
1110-4
12.0 Withdrawal of Bids
1110-4
13.0 Addenda
1110-4
14.0 Bid Prices
1110-5
15.0 Bid Guaranty
1110-5
16.0 Qualification of Bidder
1110-5
17.0 Subcontractors
1110-6
18.0 Bidders Interested in More Than One Bid
1110-6
19.0 Sheeting, Shoring, and Bracing
1110-7
20.0 Wage Rates
1110-7
21.0 Offer of Assignment of Antitrust Actions
1110-7
22.0 Assignment of Contract
1110-7
23.0 Rejection of Bids
1110-8
24.0 Contract and Bonds
1110-8
25.0 Award of Contract
1110-8
26.0 Execution of Contract
1110-8
27.0 Construction Documents
1110-9
28.0 Bid Protest
1110-9
1200
Bid
1200-1
1210
Bid Schedule
1210-1
1220
Bid Guaranty Bond
1220-1
1230
Certification of Bidder's Experience and Qualifications
1230-1
1240
Proposed Subcontractors
1240-1
1250
Non -Collusion Affidavit
1250-1
1260
DIR Project Vendor Information
1260-1
1270
Iran Contracting Act of 2010 Certification
1270-1
1280
Russian Aggression Against Ukraine Sanctions Certification
1280-1
1290
CDBG Required Bid Forms
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
1340-6
2.5
Change in Terms
1340-9
1400
General Conditions
1400-1
1.0
General
1400-1
1.1
Intent of Contract Documents
1400-1
1.2
Discrepancies and Omissions
1400-1
1.3
Headings
1400-2
1.4
Penalty for Collusion
1400-2
1.5
Successors and Assigns
1400-2
1.6
Assignment to City
1400-2
1.7
Rights and Remedies
1400-2
1.8
Definitions
1400-3
2.0
Administration
1400-8
2.1
Administration of the Contract
1400-8
2.2
City Engineer
1400-8
2.3
Consultants
1400-9
3.0
City
1400-9
3.1
General
1400-9
3.2
Attention to Work
1400-9
3.3
Inspection
1400-10
3.4
City's Right to Carry Out the Work
1400-10
3.5
City's Right to Perform Work and to
1400-10
Award Separate Contracts
4.0
Contractor
1400-11
4.1
Office
1400-11
4.2
Contractor's Representative
1400-11
4.3
Construction Procedures
1400-11
4.4
Contractor's Employees
1400-12
4.5
Subcontractors
1400-12
4.6
Contractor's Equipment and Facilities
1400-12
4.7 Public Safety and Convenience
1400-13
4.8 City -Contractor Coordination
1400-13
4.9 Permits
1400-14
4.10 Contractor's Responsibility for the Work and Material
1400-15
4.11 Laws to be Observed
1400-15
4.12 Safety
1400-18
5.0
Control of Work and Material
1400-20
5.1
Means and Method
1400-20
5.2
City -Furnished Materials
1400-21
5.3
Defective and Unauthorized Work
1400-21
5.4
Unnoticed Defects
1400-21
5.5
Right to Retain Imperfect Work
1400-22
6.0
Progress of the Work
1400-22
6.1
Beginning of Work
1400-22
6.2
Time of Completion
1400-22
6.3
Delays
1400-22
6.4
Time Extensions
1400-23
6.5
Temporary Suspension of Work
1400-26
6.6
Termination of Contract
1400-26
7.0
Changes in Scope of Work
1400-27
7.1
Change Orders
1400-27
7.2
Differing Site Conditions
1400-28
7.3
Resolution of Disputes
1400-29
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
1400-35
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
2.2 Materials Testing 1500-1
2.3 Survey 1500-1
3.0 Liquidated Damages 1500-2
4.0 Submittals 1500-2
1550 Special Federal Provisions 1550-1
DIVISION 2 - GENERAL PROJECT REQUIREMENTS
2000 General 2000-1
1.0 Standard Specifications 2000-1
1.1 Alternative Specifications 2000-1
2.0 Standard Plans 2000-2
2.1 Alternative Guidance 2000-2
3.0 Preconstruction Conference 2000-2
3.1 Attendees 2000-2
3.2 Agenda 2000-2
4.0
Progress Schedules
2000-2
4.1
General
2000-2
4.2
Construction Schedule
2000-3
4.3
Time Impact Analysis
2000-4
4.4
Weekly Activities Plan
2000-4
4.5
Cash Flow Projection
2000-4
4.6
Lump Sum Price Breakdown
2000-4
5.0
Special Controls
2000-5
5.1
Dust Control
2000-5
5.2
Noise Abatement
2000-5
5.3
Working Hours
2000-5
5.4
Drainage Control
2000-5
5.5
Construction Cleaning
2000-6
5.6
Disposal of Material
2000-6
5.7
Parking and Storage Areas
2000-6
6.0 Protection and Restoration of
Existing Improvements 2000-6
7.0 Existing Utilities 2000-7
7.1 General 2000-7
7.2 Notification and Location 2000-7
7.3 Damage and Protection
7.4 Utility Relocation and Rearrangement
7.5 Underground Facilities
DIVISION 3 - SPECIAL PROVISIONS
3000 Special Provisions
2000-7
2000-7
2000-8
1.0
General
3000-1
1.1
Scope of Services
3000-1
1.2
Project Description
3000-1
1.3
Project Plans
3000-1
1.4
Drawings of Record
3000-1
1.5
Cooperation with other Contractors
3000-2
1.6
Time Allowed for Construction
3000-2
2.0 Bid Items 3000-3
3.0
Materials
3000-3
3.1
General
3000-3
3.2
Substitutions
3000-3
3.3
Storage
3000-4
4.0
Work Details
3000-4
4.1
Traffic Control
3000-4
4.2
Dust Control
3000-8
4.3
Water
3000-9
4.4
Permits, Licenses and Inspection Fees
3000-9
4.5
Air Contaminants
3000-9
4.6
Notification
3000-9
DIVISION 4 — TECHNICAL SPECIFICATIONS
4000 Technical Specifications
1.0 General Requirements 4000-1
2.0 Mobilization 4000-1
3.0 Traffic Control 4000-1
4.0 Dust Control 4000-2
5.0 Clearing and Grubbing 4000-2
6.0 Unclassified Excavation 4000-3
7.0 Cold Milling AC Pavement 4000-4
8.0 Existing Tree Removal 4000-5
9.0 Existing Concrete Pavement Removal
10.0 Existing Concrete Curb and Gutter Removal
11.0 Grading and Subgrade Preparation
12.0 Asphalt Concrete
13.0 Concrete and Masonry Construction
14.0 Landscaping and Irrigation
15.0 Striping
16.0 Traffic Signs
4000-5
4000-6
4000-6
4000-6
4000-9
4000-12
4000-12
4000-14
Appendix A: Escrow Agreement for Security Deposits In lieu of Retention
Appendix B: Standard Plans
SECTION 1100
INVITATION TO BID
PROJECT NO. 2023-07 AND CDBG PROJECT NO. 4.LQ.48-23
CITYWIDE MISCELLANEOUS ADA IMPROVEMENTS
SEALED BIDS will be received by the City of La Quinta (City) at the Office of the City Clerk
located at 78495 Calle Tampico, La Quinta, California, 92253, until 10:00 A.M. on
Wednesday, February 28, 2024 at which time they will be publicly opened and read for
performing work as follows:
This project is located within the Season's Neighborhood at the following locations:
Springtime Way and Seasons Way, Springtime Way and Summer View Way,
Summer View Way and Winter Cove Court, and Summer View Way and Desert
Fall Way. Work includes the reconstruction of curb, gutter, cross gutter, sidewalk,
and curb ramps to be ADA code -compliant. Work will also include refreshing the
striping to remain. 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 30 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".
FEDERAL FUNDING — This project is being financed with Community Development Block
Grant funds from the U.S. Department of Housing and Urban Development (24 CFR Part
570 and is subject to certain requirements, including compliance with Section 3 (24 CFR
Part 75) Economic Opportunities requirements; payment for federal Davis -Bacon prevailing
wages; Federal Labor Standards Provisions (HUD 4010); Executive Order #11246; and
other. Information pertaining to the Federal requirements is on file with the County of
Riverside Department of Housing and Workforce Solutions.
A pre-bid conference is scheduled for 9:00 A.M., February 15, 2024 in the Public
Works conference room at City of La Quinta, City Hall located at 78-495 Calle
Tampico, La Quinta, California 92253.
Complete sets of the bidding documents may be purchased online at:
www.planitplanroom.com
IMPORTANT: If you are not on the plan holders list through Planit Planroom you will not
receive addendums. It is the responsibility of the bidder to ensure that they are placed on
the plan holders list.
Invitation to Bid 1100-1
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 or all bids, and to waive any irregularities in the bids.
Bid log sheets can be found at http://www.laguintaca.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.
Prevailing Wages — The Federal minimum wage rate requirements, as predetermined by
the Secretary of Labor, are set forth in the books issued for bidding purposes, referred to
herein as Project Bid Documents (Special Federal Provisions), and in copies of this book
which may be examined at the office described above where the project plans, special
provisions, and proposal forms may be seen. Addenda to modify the minimum wage rates,
if necessary, will be issued to holders of the Project Bid Documents.
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.
Invitation to Bid 1100-2
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 Section 1773 of the Labor Code, the general prevailing wage rates, including
the per diem wages applicable to the work, and for holiday and overtime work, including
employer payments for health and welfare, pension, vacation, and similar purposes, in the
County of Riverside in which the work is to be done, have been determined by the Director
of the Department of Industrial Relations, State of California. These wages are set forth in
the General Prevailing Wage Rates for this project, available from the California
Department of Industrial Relations' Internet web site at https://www.dir.ca.gov. Future
effective prevailing wage rates which have been predetermined, and are on file with the
California Department of Industrial Relations, are referenced but not printed in the general
prevailing wage rates.
The Federal minimum wage rate requirements, as predetermined by the Secretary of
Labor, are set forth in the books issued for bidding purposes, referred to herein as Project
Bid Documents (Special Federal Provisions), and in copies of this book which may be
examined at the office described above where the project plans, special provisions, and
proposal forms may be seen. Addenda to modify the minimum wage rates, if necessary,
will be issued to holders of the Project Bid Documents.
Pursuant to S13854, all contractors and subcontractors must furnish electronic
certified payroll records directly to the Labor Commissioner (aka Division of Labor
Standards Enforcement). All contractors and subcontractors must also provide a
copy and proof to the City of online submittal within 2 days of online submission.
Pursuant to Public Contract Code Section 22300, for monies earned by the Contractor and
withheld by the City to ensure the performance of the Contract, the Contractor may, at its
option, choose to substitute securities meeting the requirements of said Public Contract
Code Section 22300.
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) and/or C-8 license (Concrete 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 1100-3
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:nn�2 Date: February 1, 2024
Bryan McKinney, P.E.
Public Works Director/ City Engineer
Published By:
vP- t here Date: February 1, 2024
Monika Radeva
City Clerk
END OF SECTION
Invitation to Bid 1100-4
SECTION 1110
INSTRUCTIONS TO BIDDERS
1.0 WORK TO BE DONE
It is the intention of the City to construct improvements as shown and set forth on the plans
and detailed drawings, and in the particular locations shown on the drawings. All of the
work is particularly set forth in the plans and specifications, and all of said work, together
with all other work incidental thereto, is included.
The work includes the furnishing of all labor, materials, incidentals and equipment
necessary for Project No. 2023-07 and CDBG Project No. 4.LQ.48-23, Citywide
Miscellaneous ADA 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.
Instruction to Bidders 1110-1
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.
4.0 INTERPRETATION OF CONTRACT DOCUMENTS
No oral representations or interpretations will be made to any bidder as to the meaning of
the Contract documents. Requests for an interpretation shall be made in writing and
delivered at least five (5) days before the time announced for opening the bids to:
Ubaldo Ayon, Assistant Construction Manager
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
(760) 777-7096 — Phone
uavon(o)laquintaca.gov— Email
Requests to clarify the source of materials, equipment, suppliers or any other such matter
which does not modify, change, increase, or decrease the scope of work requires no action
by the City other than a response to the bidder requesting the clarification. Requests to
clarify possible ambiguous or incomplete statements or designs, or any other such
clarification which modifies, changes, increases or decreases the scope of work, requires
issuance of an addendum by the City for the interpretation to become effective.
5.0 POSTPONEMENT OF OPENING
The City reserves the right to postpone the date and time for receiving and/or opening of
bids at any time prior to the date and time established in the Invitation to Bid.
Postponement notices shall be mailed to plan holders of record in the form of addenda.
6.0 OPENING OF BIDS
All bids, irrespective of any irregularities or informalities, if received on time, will be opened
and publicly read aloud at the time and place set forth in the Invitation to Bid. Bidders, their
representatives and other interested persons may be present at the opening and reading of
bids.
Any bids received after the time for receiving and opening bids as set forth in the Invitation
to Bid or as postponed by addenda will be considered nonresponsive and will not be
opened. Any such bids will be returned unopened to the Bidder.
The public reading of each bid will include at least the following:
A. Name and address of bidder.
B. The total amount of bid.
C. The nature and amount of the security furnished with the bid.
Instruction to Bidders 1110-2
7.0 PREPARATION OF BID FORMS
Bids shall be made on the blank forms in this manual and must be submitted at the time
and place stated in the Invitation to Bid. All blanks in the bid forms must be appropriately
filled in and all prices must be stated in figures. Unit prices in each and every case shall
represent a true unit price used in preparing the bid schedule totals (Bid Form). Unit prices
listed herein shall include material, installation and appurtenant work as is necessary to have
the item complete and in place meeting the full intent of the plans and specifications.
Unbalanced unit prices shall be sufficient cause for rejection of the bid. The purpose of the
unit pricing is for bid evaluation and changes in the work during construction. The basis for
award shall be the lowest combined price of the Base Bid Area plus all Additive
Alternate. All bids must be submitted in a sealed envelope, addressed to the City Clerk,
with the following annotation:
BIDDER
ADDRESS
This envelope contains a SEALED BID for:
Project No. 2023-07 and CDBG Project No.
4.LQ.48-23, Citywide Miscellaneous ADA
Improvements
CITY OF LA QUINTA, CALIFORNIA
Envelope to be opened on:
February 28, 2024 @ 10:00 A.M.
Unless revised by Addendum.
It is the sole responsibility of the bidder to see that its bid is received in proper time. Any
bid received after the scheduled closing time for receipt of bids will be returned to the
bidder unopened. City shall not be responsible for errors or omissions in the bid. Bidders
shall write their names on each bid form at the space provided.
8.0 BIDDER'S SIGNATURE AND AUTHORITY
If the bid is made by an individual, his/her name, signature, and post office address must
be shown; if made by a firm or partnership, the name and post office address of the firm or
partnership, a list of the partners, and the signature of at least one of the general partners
must be shown; if made by a corporation, the bid shall show the name of the state under
the laws of which the corporation is chartered, the name and post office address of the
corporation, and the title of the person who signs on behalf of the corporation. If the bid is
made by the corporation, a certified copy of the bylaws or resolution of the Board of
Directors of the corporation shall be furnished, upon request of the City Engineer or
designee, showing the authority of the officer signing the bid to execute Contracts on behalf
of the corporation. If the bid is made by a joint venture, the bid shall be signed by a
representative of one of the joint venture firms. Additionally, the bid shall include a copy of
the resolution or contract empowering the representative to execute the bid and bind the
joint venture.
Instruction to Bidders 1110-3
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 1110-4
14.0 BID PRICES
Bid prices shall include everything necessary for the completion of the work including but
not limited to providing the materials, equipment, tools, plant and other facilities, and the
management, superintendence, labor and services. Bid prices shall include allowance for
all federal, state and local taxes.
In the event of a difference between a price quoted in words and a price quoted in figures
for the same quotation, the words shall be the amount bid. In the event that the product of a
unit price and an estimated quantity does not equal the extended amount quoted, the unit
price shall govern, and the correct product of the unit price and the estimated quantity shall
be deemed to be the amount bid. If the sum of two or more items in a bidding schedule
does not equal the total amount quoted, the individual item amounts shall govern and the
correct total shall be deemed to be the amount bid.
15.0 BID GUARANITY
The bid form shall be accompanied by a bid guaranty bond provided by a guaranty
company authorized to carry on business in the State of California for payment to the City
in the sum of at least ten (10) percent of the total amount of the bid price, or, alternatively,
by a certified or cashier's check, payable to the City in the sum of at least ten (10) percent
of the total amount of the bid price. The bid guarantee bond shall be provided on the form
included in Section 1220, BID GUARANTY BOND, of this Project Document. The amount
payable to the City under the bid guaranty bond, or the certified or cashier's check and the
amount thereof, as the case may be, shall be forfeited to the City as liquidated damages in
case of a failure or neglect of the bidder to furnish, execute, and deliver to the City the
required performance and payment bonds evidences of insurance; and to enter into,
execute, and deliver to the City the Contract on the form provided herewith, within ten (10)
calendar days after receiving written notice from the City that the award has been made
and the Contract is ready for execution.
The City shall retain all bid security until a contract has been executed or until the City
Council rejects all bids at which time all bid security not forfeited shall be returned to the
appropriate bidders.
16.0 QUALIFICATION OF BIDDER
Each bidder shall complete and submit with their bid Section 1230, CERTIFICATION OF
BIDDER'S EXPERIENCE AND QUALIFICATIONS.
Upon the request of City, any bidder whose bid is under consideration for the award of the
Contract shall promptly submit satisfactory evidence showing the bidder's financial
resources, its construction experience, and its organization's availability for the
performance of the Contract.
Instruction to Bidders 1110-5
The bidder may be required to establish to the satisfaction of the City the reliability and
responsibility of the persons or entities proposed to furnish and perform the work described
in the Documents.
17.0 SUBCONTRACTORS
In accordance with California Public Contracting Code Section 4100, et. seq., each bid
shall have listed in Section 1240, PROPOSED SUBCONTRACTORS, the name, portion of
work to be performed, and location of the place of business of each subcontractor who will
perform work or labor or render service to the bidder in or about the construction of the
work or improvement, or of any subcontractor licensed by the State of California who, under
subcontract to the bidder, will specially fabricate and install a portion of the work or
improvement according to detailed drawings contained in the plans and specifications, in
an amount in excess of one-half of one percent of the bidder's total bid, or, in the case of
bids or offers for the construction of streets or highways, including bridges, in excess of
one-half of one percent of the bidder's total bid or Ten Thousand Dollars ($10,000.00),
whichever is greater.
The Contractor shall perform, with its own organization, Contract work amounting to at least
50 percent of the Contract Price except that any designated "Specialty Items" may be
performed by subcontract and the amount of any such "Specialty Items" so performed will
be deducted from the Contract Price before computing the amount required to be
performed by the Contractor with its own organization. "Specialty Items" will be identified
by the Agency in the Bid or in the Special Provisions. Where an entire item is
subcontracted, the value of work subcontracted will be based on the Contract Unit Price.
When a portion of an item is subcontracted, the value of work subcontracted will be based
on the estimated percentage of the Contract Unit Price. This will be determined from the
information submitted by the Contractor, and subject to approval of the Engineer.
Failure to list subcontractors may render the bid non-responsive and may be grounds for
rejection of the bid. Failure to comply with the provisions of the California "Subletting and
Subcontracting Fair Practices Act" shall make the Contractor subject to the sanctions as set
forth in the Act.
18.0 BIDDERS INTERESTED IN MORE THAN ONE BID
No person, firm, or corporation, under the same or different name, shall make, file, or be
interested in more than one bid for the same work unless alternate bids are called for. A
person, firm, or corporation may, however, submit sub -proposals or quote prices on
materials to more than one bidder.
The City may reject the bids of the known participants in such collusion. Pursuant to Public
Contract Code Section 7106, bidders shall execute and furnish with their bids Section
1250, NON -COLLUSION AFFIDAVIT.
Instruction to Bidders 1110-6
19.0 SHEETING, SHORING AND BRACING
Pursuant to the provisions of California Labor Code Section 6707, each bid submitted shall
contain, in the bid item indicated, the amount included in its bid for adequate sheeting,
shoring, and bracing, or equivalent method, for the protection of life and limb in trenches
and open excavation, which shall conform to applicable safety orders. By listing this sum,
the bidder warrants that its action does not convey tort liability to the City, its consultants,
and their employees, agents, and sub -consultants.
20.0 WAGE RATES
Pursuant to provisions of the Labor Code Section 1770, et. seq., of the State of California,
the Director of the Department of Industrial Relations has ascertained the prevailing rate of
per diem wages of the locality in which the Work is to be performed and applicable to the
work to be done. These wage rates are available from the California Department of
Industrial Relations' Internet web site at: www.dir.ca.gov
Bidders shall promptly notify the City, in writing, about all the classifications of labor not
listed in the prevailing wage determinations but necessary for the performance of the Work
before bids are submitted.
21.0 OFFER OF ASSIGNMENT OF ANTITRUST ACTIONS
As provided by Sections 4551 and 4552 of the California Government Code, in submitting a
bid to the City, the bidder offers and agrees that if the bid is accepted, it will assign to the
City all rights, title, and interest in and to all causes of action it may have under Section 4 of
the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 [commencing
with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising
from purchases of goods, materials, or services by the bidder for sale to the City pursuant
to the bid. Such assignment shall be made and become effective at the time the City
tenders final payment to the bidder.
22.0 ASSIGNMENT OF CONTRACT
No assignment by the Contractor of any contract to be entered into hereunder, or any part
thereof, or of funds to be received thereunder by the Contractor, will be recognized by City
unless such assignment has had prior approval of City and the Surety has been given due
notice of such assignment in writing and has consented thereto in writing.
Instruction to Bidders 1110-7
23.0 REJECTION OF BIDS
The City reserves the right to reject all bids for any reason. The City further reserves the
right to reject any bid: which is non-responsive, incomplete, obscure, or irregular; which
omits a bid on any one or more of the required bid items; which does not contain
satisfactory documentation of the bidder's qualifications as required by Section 1110-16.0,
QUALIFICATION OF BIDDER; which, in the City's opinion, the unit prices are unbalanced;
which is accompanied by insufficient or irregular bid security; or, which is from a bidder who
has previously failed, on a contract of any nature, to perform properly or to complete it on
time. The City reserves the right to waive irregularities.
24.0 CONTRACT AND BONDS
The successful bidder, simultaneously with the execution of the Contract, will be required to
furnish a Payment Bond on forms provided by the City in an amount equal to one hundred
percent (100%) of the Contract Price, a Faithful Performance Bond in an amount equal to
one hundred (100%) of the Contract Price, and the WORKER'S COMPENSATION
INSURANCE CERTIFICATE in Section 1330. Said bonds shall be secured from a surety
company satisfactory to City.
The form of Contract, as provided in Section 1300, which the successful bidder as
Contractor will be required to execute, and the forms of bonds as provided in Sections 1310
and 1320, which it will be required to furnish, shall be carefully examined by the bidder.
25.0 AWARD OF CONTRACT
Within sixty (60) days after the time of opening of the bids, the City will act either to accept
a bid, to reject all bids or with the consent of the bidders and their sureties to extend the
time in which the City may act. The acceptance of a bid will be evidenced by a notice of
award of Contract in writing, delivered in person or by certified mail to the bidder whose bid
is accepted. No other act of City will constitute acceptance of a bid. The award of Contract
shall obligate the bidder whose bid is accepted to furnish performance and payment bonds
and evidences of insurance, and to execute the Contract in the form set forth in the
Contract documents.
26.0 EXECUTION OF CONTRACT
The Contract Agreement shall be executed by the successful bidder and returned,
together with the Contract bonds and evidences of insurance, within ten (10) days
after receiving written notice of the award of the Contract. Time is of the essence in
this regard. After execution by City, one copy shall be returned to Contractor.
Instruction to Bidders 1110-8
27.0 CONSTRUCTION DOCUMENTS
The City will furnish the Contractor five copies of the Specifications after the execution of
the Contract. The Contractor may request up to three additional copies at no cost, for a
total of eight (8) no cost copies.
28.0 BID PROTEST
Any bid protest must be in writing and received by City at the Office of the City Clerk
located at 78-495 Calle Tampico, La Quinta, California, 92253, before 5:00p.m., no later
than two working days following bid opening (the "Bid Protest Deadline") and must comply
with the following requirements:
28.1 General. Only a bidder who has actually submitted a Bid Proposal is eligible to
submit a bid protest against another bidder. Subcontractors are not eligible to
submit bid protests. A bidder may not rely on the bid protest submitted by another
bidder but must timely pursue its own protest. The protesting bidder must submit a
non-refundable fee in the amount of $824.00, based upon City's reasonable costs to
administer the bid protest. Any such fee must be submitted to City no later than the
Bid Protest Deadline, unless otherwise specified. For purposes of this Section 28, a
"working day" means a day that City is open for normal business, and excludes
weekends and holidays observed by City.
28.2 Protest Contents. The bid protest must contain a complete statement of the basis for
the protest and all supporting documentation. Material submitted after the Bid Protest
Deadline will not be considered. The protest must refer to the specific portion or portions
of the Contract Documents upon which the protest is based. The protest must include the
name, address, email address, and telephone number of the person representing the
protesting bidder if different from the protesting bidder.
28.3 Copy to Protested Bidder. A copy of the protest and all supporting documents must
be concurrently transmitted by fax or by email, by or before the Bid Protest Deadline, to the
protested bidder and any other bidder who has a reasonable prospect of receiving an
award depending upon the outcome of the protest.
28.4 Response to Protest. The protested bidder may submit a written response to the
protest provided the response is received by City before 5:00p.m., within two
working days after the Bid Protest Deadline or after actual receipt of the bid protest,
whichever is sooner (the "Response Deadline"). The response must include all
supporting documentation. Material submitted after the Response Deadline will not be
considered. The response must include the name, address, email address, and telephone
number of the person representing the protested bidder if different from the protested
bidder.
Instruction to Bidders 1110-9
28.5 Copy to Protesting Bidder. A copy of the response and all supporting
documents must be concurrently transmitted by fax or by email, by or before the Bid
Protest Deadline, to the protesting bidder and any other bidder who has a reasonable
prospect of receiving an award depending upon the outcome of the protest.
28.6 Exclusive Remedy. The procedure and time limits set forth in this section are
mandatory and are the bidder's sole and exclusive remedy in the event of bid protest. A
bidder's failure to comply with these procedures will constitute a waiver of any right to
further pursue a bid protest, including filing a Government Code Claim or initiation of legal
proceedings.
28.7 Right to Award. The City Council reserves the right to award the Contract to the
bidder it has determined to be the responsible bidder submitting the lowest responsive bid,
and to issue a notice to proceed with the Work notwithstanding any pending or continuing
challenge to its determination.
29.0 Compliance with Iran Contracting Act of 2010. Pursuant to the Iran Contracting Act
of 2010 (Pub. Contract Code, § 2200 et seq.),
(a) Contractor shall be ineligible to bid on or submit a proposal for any contract for One
Million Dollars ($1,000,000) or more if Contractor engages in investment activities in
Iran as defined in Public Contract Code Section 2202.5, and/or if Contractor is
identified on the list of persons engaging in investment activities in Iran prepared by
the State of California pursuant to Public Contract Code Section 2203 subdivision
(b).
(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.
Instruction to Bidders 1110-10
30.0 Compliance with California Executive Order N-6-22. Russian aggression against
Ukraine.
(a) Contractor shall comply with California Governor Executive Order N-6-22 regarding
sanctions in response to Russian aggression in the Country of Ukraine, and any
implementing guidelines and/or economic sanctions imposed by the United States
government in response to Russian actions in Ukraine, as well as any sanctions
imposed under California law (collectively "economic sanctions"). Contractor shall
comply with all such economic sanctions. By submitting a bid to the City, Contractor
agrees to take any and all actions to support the Ukrainian government and people
as required by law, including by refraining from new investments in, and financial
transactions with, Russian institutions or companies that are headquartered or have
their principal place of business in Russia (Russian entities), not transferring
technology to Russia or Russian entities, and directly providing support to the
government and people of Ukraine.
(b) If bidding on a contract for Five Million Dollars ($5,000,000) or more, Contractor
shall submit a written report to the City on Contractor's compliance with the
economic sanctions, and the steps Contractor has taken in response to Russia's
actions in Ukraine, including, but not limited to, desisting from making new
investments in, or engaging in financial transactions with, Russian entities, not
transferring technology to Russia or Russian entities, and directly providing support
to the government and people of Ukraine as required by law. Failure to submit the
report required by this Section may deem Contractor's bid non-responsive.
14 1, 11X*1; -9 xQ I I:sP►
Instruction to Bidders 1110-11
SECTION 1200
BID
97_49:1
The undersigned, as bidder, declares it has received and examined the Contract
Document entitled Project No. 2023-07 and CDBG Project No. 4.LQ.48-23, Citywide
Miscellaneous ADA 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 Iran Contracting Act of 2010
1280 Russian Aggression Against Ukraine Sanctions
1290 B-4 Certification of Bidder Regarding Non -Segregated Facilities (Required for all
Projects)
1290 B-7 Bidder's Certification on Federal Contract Requirements (Required for all
Projects)
1290 B-8 Questionnaire Regarding Bidders (Required for all Projects)
1290 B-9 List of Subcontractors and Suppliers (Required for all Projects)
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
Bid 1200-1
Attached is a bid guaranty bond as required by Paragraph 1110-15.0, BID GUARANTY.
Name of Bidder
Bidder's Telephone Number
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 Address
Contractor's License No.
State of Incorporation
Signature of Bidder
Printed Name of Signatory
Title of Signatory
Bidder's Telephone Number
Bidder's Email Address
Contractor's Expiration Date
Witness
Title of Witness
Bid 1200-2
SECTION 1210
BID SCHEDULE
PROJECT NO. 2023-07 AND CDBG PROJECT NO. 4.LQ.48-23
CITYWIDE MISCELLANEOUS ADA 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 Project No. 2023-07 and CDBG Project No.
4.LQ.48-23, Citywide Miscellaneous ADA 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 the Base Bid Area plus all Additive Alternates.
Unit prices in each and every case represent the true unit price used in preparing the bid
schedule totals (Bid Form). Unit prices listed herein include material, installation and
appurtenant work as is necessary to have the item complete and in place meeting the full
intent of the plans and specifications. We acknowledge that unbalanced unit prices shall
be sufficient cause for the rejection of our bid.
Bid Schedule 1210-1
BASE BID — Citvwide Miscellaneous ADA Improvements
Item
Item Description
Est.
Unit
Unit Price
Item Total
No.
Qty.
(in figures)
(in figures)
Dollars
Dollars
1
Mobilization
1
LS
$
$
2
Traffic Control
1
LS
$
$
3
Dust Control
1
LS
$
$
4
Remove Existing Tree
1
EA
$
$
Sawcut, Remove, and Dispose of
5
Existing Cross -Gutter, Sidewalk,
3,500
SF
$
$
and Ramp
6
Sawcut, Remove, and Dispose of
157
LF
$
$
Existing Curb & Gutter
7
Construct Curb and Gutter per City
35
LF
$
$
of La Quinta Std. No. 201
8
Construct Sidewalk per City of La
490
SF
$
$
Quinta Std. No. 240 Mod.
Construct Cross -Gutter per City of
9
La Quinta Std. No. 230 Mod. and
645
SF
$
$
231 Mod.
Construct Concrete Curb Ramp per
10
City of La Quinta Std. No. 250 Mod.
1,865
SF
$
$
per Plan, Case A
Construct Concrete Curb Ramp per
11
City of La Quinta Std. No. 250 Mod.
420
EA
$
$
per Plan, Case B
Full Depth Grind Asphalt Concrete
12
Pavement (3"), Compact Existing
1,330
SF
$
$
Base, and Variable Overlay (3"-4")
13
Modify Ex. Landscape, Hardscape,
1
LS
$
$
and Irrigation as Needed
14
Signing and Striping, Including All
1
LS
$
$
Incidentals
Total Amount of Bid Items 1 — 14
$
Bid Schedule 1210-2
City may award or none of the following additive alternates:
ADDITIVE ALTERNATE NO. 1 — SUMMER VIEW WAY & DESERT FALL RAMPS
Item
Item Description
Est.
Unit
Unit Price
Item Total
No.
Qty.
(in figures)
(in figures)
Dollars
Dollars
1
Mobilization
1
LS
$
$
2
Traffic Control
1
LS
$
$
3
Dust Control
1
LS
$
$
4
Sawcut, Remove, and Dispose of
760
SF
$
$
Existing Sidewalk and Ramp
5
Sawcut, Remove, and Dispose of
43
LF
$
$
Existing Curb & Gutter
6
Construct Sidewalk per City of La
110
SF
$
$
Quinta Std. No. 240 Mod.
Construct Concrete Curb Ramp per
7
City of La Quinta Std. No. 250 Mod.
655
SF
$
$
per Plan, Case A
Full Depth Grind Asphalt Concrete
8
Pavement (3"), Compact Existing
140
SF
$
$
Base, and Variable Overlay 3"-4"
9
Modify Ex. Landscape, Hardscape,
1
LS
$
$
and Irrigation as Needed
10
Signing and Striping, Including All
1
LS
$
$
Incidentals
Total Amount of Additive Alternate Bid Items 1 — 10
$
GRAND TOTAL BASE BID PLUS ALL ADDITIVE ALTERNATES (Figures):
GRAND TOTAL BASE BID PLUS ALL ADDITIVE ALTERNATES (Words):
Bid Schedule 1210-3
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 Schedule 1210-4
SECTION 1220
BID GUARANTY BOND
PRINCIPAL, and , as SURETY, are held and firmly bound
unto the City in the penal sum of TEN (10) PERCENT OF THE TOTAL AMOUNT OF
THE BID of the Principal above named, submitted by said Principal to the City for the
work described below, for the payment of which sum in lawful money of the United
States, well and truly to be made to the City to which said bid was submitted, we bind
ourselves, our heirs, executors, administrators, and successors, jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the Principal
has submitted the above-mentioned bid to the City, for certain construction specifically
described as follows, for which bids are to be opened at La Quinta, California.
PROJECT NO. 2023-07 AND CDBG PROJECT NO. 4.LQ.48-23
CITYWIDE MISCELLANEOUS ADA 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
, 2024.
Title of Signatory
Title of Signatory
Signature of Principal Signature of Surety
Address
Address
Note: Signatures of those executing for the surety must be properly acknowledged.
Bid Guaranty Bond 1220-1
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:
Owner's Representative:
Owner's Telephone No.:
Date of Substantial Completion:
2. Project Name:
Owner:
Construction Cost: $
Construction Time:
Owner's Representative:
Owner's Telephone No.:
Date of Substantial Completion:
Calendar Days
Calendar Days
Bidders Experience & Qualifications 1230-1
K3
4.
Project Name:
Owner:
Construction Cost: $
Construction Time:
Owner's Representative:
Owner's Telephone No.:
Date of Substantial Completion:
Project Name:
Owner:
Construction Cost: $
Construction Time:
Owner's Representative:
Owner's Telephone No.:
Date of Substantial Completion:
Calendar Days
Calendar Days
Signed this day of 12024.
Name of Bidder Contractor's License No. DIR Reg No.
Signature of Bidder Expiration Date
Printed Name of Bidder
Title of Signatory
Bidders Experience & Qualifications 1230-2
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
Proposed Subcontractors 1240-1
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
Non -Collusion Affidavit 1250-1
SECTION 1260
DIR Project Vendor Information
Vendor Information:
Name:
Address:
Zip:
Project Manager:
Phone:
Public Works Registration No.:
Classification:
City:
Email:
CSLB/Certification Number:
ST:
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
Prevailina Waaes and Pavroll:
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:
httD://www.dir.ca.aov/Public-Works/Certified-Pavroll-Reoortina.htmi.
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.
DIR Project Vendor Information 1260-1
SECTION 1270
COMPLIANCE WITH IRAN CONTRACTING ACT OF 2010
Pursuant to the Iran Contracting Act of 2010 (Pub. Contract Code, § 2200 et seq.),
(a) Contractor shall be ineligible to bid on or submit a proposal for any contract for One
Million Dollars ($1,000,000) or more if Contractor engages in investment activities
in Iran as defined in Public Contract Code Section 2202.5, and/or if Contractor is
identified on the list of persons engaging in investment activities in Iran prepared
by the State of California pursuant to Public Contract Code Section 2203
subdivision (b).
(b) For bids of One Million Dollars ($1,000,000) or more, Contractor must certify that
it is not on the list of ineligible vendors prohibited from doing business with the State
of California and shall complete the Iran Contracting Act Certification and submit
with their proposal at the time of bid. Contractor shall obtain the Iran Contracting
Act Certification in the form approved by the State of California, or upon written
request to the City Clerk's Office, a copy of the form will be provided to
Contractor. Failure by Contractor to provide the certification required by this
Section may deem Contractor's bid non-responsive.
(c) Nothing in this Section is intended to prevent the City from exercising its rights
pursuant to Public Contract Code section 2203, subdivision (c) or (d), or both, on
a case-by-case basis.
Iran Contracting Act Certification 1270-1
IRAN CONTRACTING ACT CERTIFICATION
Pursuant to the Iran Contract Act of 2010 (Public Contract Code 2200-2208),
Vendors/Bidders are ineligible to bid on or submit a proposal for any contract with
a public entity for goods or services of one million dollars ($1,000,000) or more
if the Vendor/Bidder engages in investment activities in Iran.
MUST BE SUBMITTED WITH BID PROPOSAL IF BID AMOUNT IS
$1,000,000 OR MORE
Prior to bidding on, submitting a proposal, or executing a contract or renewal for a public
entity contract for goods or services of $1,000,000 or more, a vendor must either: a)
certify it is not on the current list of persons engaged in investment activities in Iran
created by the California Department of General Services ("DGS") pursuant to Public
Contract Code section 2203(b) and is not a financial institution extending $20,000,000
or more in credit to another person, for 45 days or more, if that other person will use the
credit to provide goods or services in the energy sector in Iran and is identified on the
current list of persons engaged in investment activities in Iran created by DGS; or b)
demonstrate it has been exempted from the certification requirement for that
solicitation or contract pursuant to Public Contract Code section 2203(c) or (d).
To comply with this requirement, please insert your vendor or financial institution name
and Federal ID Number (if available) and complete one of the options below. Please
note: California law establishes penalties for providing false certifications, including civil
penalties equal to the greater of $250,000 or twice the amount of the contract for which
the false certification was made, contract termination, and three-year ineligibility to bid
on contracts. (Pub. Cont. Code § 2205.)
OPTION #1 - CERTIFICATION
I, the official named below, certify I am duly authorized to execute this certification on
behalf of the vendor/financial institution identified below, and the vendor/financial
institution identified below is not on the current list of persons engaged in investment
activities in Iran created by DGS and is not a financial institution extending twenty million
dollars ($20,000,000) or more in credit to another person/vendor, for 45 days or more, if
that other person/vendor will use the credit to provide goods or services in the energy
sector in Iran and is identified on the current list of persons engaged in investment
activities in Iran created by DGS.
I certify (or declare) under penalty of perjury under the laws of the State of California
that the foregoing is true and correct.
Vendor Name/Financial Institution (Printed) Federal ID Number (or n/a)
By (Authorized Signature)
Printed Name and Title of Person Signing Date Executed
Iran Contracting Act Certification 1270-2
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
Iran Contracting Act Certification 1270-3
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.
Russian Aggression Against Ukraine Sanctions Certification 1280-1
EXHIBIT B-4
Required Bid Form
CERTIFICATION OF BIDDER
REGARDING NONSEGREGATED FACILITIES
Project Name:
Name of Bidder:
The above-named Bidder hereby certifies that:
I do not maintain or provide for my employees any segregated facilities at any of my
establishments, and that I do not permit my employees to perform their services at
any location, under my control, where segregated facilities are maintained. As used
in this certification, the term "segregated facilities" means any waiting rooms, work
areas, rest rooms, wash rooms, restaurants and other eating areas, time clocks,
locker rooms or other dressing areas, parking lots, drinking fountains, recreation or
entertainment areas, transportation, and housing facilities provided for employees
which are segregated by explicit directive or are in fact segregated on the basis of
race, color, religion, national origin, or because of habits, local customs, or
otherwise.
I further agree to obtain identical certifications from all proposed subcontractors
prior to the award of subcontracts exceeding $10,000.
Signature:
Name (Print):
Title:
Date:
CDBG Required Bid Forms 1290-1
Project Name:
BIDDER CERTIFICATION ON
FEDERAL CONTRACT REQUIREMENTS
Bid/Solicitation #:
CERTIFICATION:
EXHIBIT B-7
Required Bid Form
I hereby certify that I have reviewed and understand the diversified Federal construction
contract -related requirements imposed on the Contractor(s) of HUD -funded construction
projects, including but not limited to the following:
1. The subject project is being financed with Community Development Block Grant funds
(24 CFR Part 570); and
2. This project and all related construction contracts are subject to the U.S. Department
of Housing and Urban Development's Federal Labor Standards Provisions (HUD 4010
— revised 10/2023); and
3. This project is subject to all applicable laws and regulations as listed in the General
Summary of these Special Federal Provisions; and
4. If my bid is $200,000 or more, this project and all related contracts will be subject to
Section 3 requirements (12 U.S.C. 1701 u); and
5. If the project is $250,000 or more, this project and all related contracts will be subject
to comply with the requirements of the Build America, Buy America (BABA) Act (41
USC 8301).
CONTRACTOR'S NAME:
CONTRACTOR'S LICENSE NO.:
ADDRESS:
AUTHORIZED REPRESENTATIVE: (Print Name)
SIGNATURE:
DATE:
CDBG Required Bid Forms 1290-2
EXHIBIT B-8
Required Bid Form
QUESTIONNAIRE REGARDING BIDDERS
Bidder has been engaged in the contracting business under the present name of
Present business address is:
Federal Tax ID:
California Contractor's License No.:
UEI Number:
, since (Date).
Amount of Bid
Expiration Date:
or CAGE Code:
Because this project is Federally funded, it is necessary to obtain information concerning
minority and other group participation for statistical purposes. The U.S. Department of
Housing and Urban Development (HUD) uses this information to determine the degree
to which its programs are being utilized by minority business enterprises and targeted
group contractors.
A minority enterprise is defined by the Federal Government as a business that is fifty-
one percent (51%) or more "minority-owned". Please check the applicable box
concerning the ownership of your business:
❑ American Indian or Native Alaskan
❑ Asian or Pacific Islander/Native Hawaiian
❑ Black/African American
❑ Hispanic
❑ White
❑ Hasidic Jews
❑ Other
A woman -owned enterprise is defined by the Federal Government as a business that is
fifty-one percent (51 %) or more woman -owned. Please check applicable box concerning
the ownership of your business:
❑ Woman/Female owned ❑ Male owned
A Section 3 Contractor or Subcontractor is a business concern that is more than fifty-one
percent (51 %) owned by a low or very low-income person, or over 75 percent of the labor
hours performed for the business over the prior three-month period are performed by
Section 3 workers. Please check the applicable box concerning the ownership of your
business:
❑ Section 3 Business concern ❑ Non -Section 3 Business concern
The United States Department of Housing and Urban Development (HUD) is
authorized to solicit the information requested in this form by virtue of Title 12,
United States Code, Section 1701 et seq., and other regulations. It will not be
disclosed or released outside of HUD without your consent, except as required or
permitted by law.
CDBG Required Bid Forms 1290-3
EXHIBIT B-9
Required Bid Form
LIST OF SUBCONTRACTORS
SUBCONTRACTOR FED. I.D.# AMOUNT ADDRESS/PHONE NO.
NAME OF SUPPLIER ADDRESS/PHONE NO. CONTRACT AMOUNT
This form is to be completed and submitted with the bid package.
CDBG Required Bid Forms 1290-4
SECTION 1300
CONTRACT
THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal
corporation, herein referred to as "City," and ,
herein referred to as, "Contractor."
WITNESSETH:
In consideration of their mutual covenants, the parties hereto agree as follows:
1. Contractor shall furnish all necessary labor, material, equipment, transportation
and services for Project No. 2023-07 and CDBG Project No. 4.LQ.48-23, Citywide
Miscellaneous ADA Improvements in the City of La Quinta, California pursuant to the
Invitation to Bid, dated January 2024, the project Specifications, and Contractor's Bid,
all of which documents shall be considered a part hereof as though fully set herein.
Should any provisions of Contractor's Bid be in conflict with the Notice Inviting
Bids, Specifications, or this Contract, then the provisions of said Contract,
Specifications, and Invitation to Bid shall be controlling, in that order of precedence.
The time frame for construction work shall be in accordance with that specified in the
Invitation to Bid.
2. Contractor will comply with all Federal, State, County, and La Quinta Municipal
Code, which are, as amended from time to time, incorporated herein by reference.
3. All work shall be done in a manner satisfactory to the City Engineer.
4. Contractor shall commence work after the issuance of a written Notice to
Proceed and agrees to have all work completed within 30 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.
Contract 1300-1
6. The Contractor shall not knowingly pay less than the general prevailing rate for
per diem wages, as determined by the State of California Department of Industrial
Relations and referred to in the Invitation to Bid, to any workman employed for the work
to be performed under this contract; and the Contractor shall forfeit as a penalty to the
City the sum of Twenty -Five Dollars ($25.00) for each calendar day, or fraction thereof,
for such workman paid by him or by any subcontractor under him in violation of this
provision (Sections 1770-1777, Labor Code of California).
Pursuant to Section 1770, et. seq., of the California Labor Code, the successful bidder
shall pay not less than the prevailing rate of per diem wages as determined by the
Director of the California Department of Industrial Relations. These wage rates are
available from the California Department of Industrial Relations' Internet website at
http://www.dir.ca.gov.
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.
Contract 1300-2
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.
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).
Contract 1300-3
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 1300-4
9. Except as otherwise required, Contractor shall concurrently with the execution of
this contract, furnish the City satisfactory evidence of insurance of the kinds and in the
amounts provided in said Specifications, Section 1340-2.0, Insurance Requirements.
This insurance shall be kept in full force and effect by Contractor during this entire
contract and all premiums thereon shall be promptly paid by it. Each policy shall further
state that it cannot be canceled without written notice to the City and shall name the City
as an additional insured on the Commercial General Liability policy only. Contractor
shall furnish evidence of having in effect, and shall maintain, Workers Compensation
Insurance coverage of not less than the statutory amount or otherwise show a certificate
of self-insurance, in accordance with the Workers Compensation laws of the State of
California. Failure to maintain the required amounts and types of coverage throughout
the duration of this Contract shall constitute a material breach of this Contract.
10. Except as otherwise required, Contractor shall furnish the City a Milestone
Schedule within 10 days of the Notice of Award or with the return of this contract signed
by the Contractor, whichever is earlier, with a beginning date of 15 days after the Notice
of Award as provided in said Specifications, Section 4.2, Construction Schedule.
Contractor shall pay to City $500.00 liquidated damages per calendar day that the
Milestone Schedule is not provided.
11. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or
mechanic employed in the execution of this Contract by said Contractor, or any
subcontractor under it, upon any of the work herein mentioned, for each calendar day
during which such laborer, workman, or mechanic is required or permitted to work at
other than a rate of pay provided by law for more than 8 hours in any one calendar day
and 40 hours in any one calendar week, in violation of the provisions of Sections 1810-
1815 of the Labor Code of the State of California.
12. In accepting this Contract, Contractor certifies that in the conduct of its business
it does not deny the right of any individual to seek, obtain and hold employment without
discrimination because of race, religious creed, color, national origin, ancestry, physical
handicap, medical condition, marital status, sex or age as provided in the California Fair
Employment Practice Act (Government Code Sections 12900, et seq.) Contractor
agrees that a finding by the State Fair Employment Practices Commission that
Contractor has engaged during the term of this Contract in any unlawful employment
practice shall be deemed a breach of this Contract and Contractor shall pay to City
$1,607.00 liquidated damages for each such breach committed under this contract.
13. Contractor also agrees that for contracts in excess of $30,000 and more
than 20 calendar days duration, that apprentices will be employed without
discrimination in an approved program in a ratio established in the
apprenticeship standards of the craft involved (Sections 1777.5 and 1777.6, Labor
Code of California). Contractors who willfully fail to comply will be denied the
right to bid on public projects for a period of six months in addition to other
penalties provided by law.
Contract 1300-5
14. Special Federal Requirements
1. Contractor and Owner do hereby acknowledge that this project will be partially or
fully funded with Community Development Block Grant (CDBG) funds [24 CFR
570] and is therefore subject to applicable Federal procurement, labor,
environmental, equal opportunity, and other regulations.
2. Contractor shall maintain and keep books and records on a current basis,
recording all transactions pertaining to this agreement in a form in accordance
with generally acceptable accounting principles. Said books and records shall be
made available to the County, the State of California, the Federal government,
and to any authorized representative thereof for the purposes of audit at all
reasonable times and places. All such books and records shall be retained for
such periods of time as required by law, provided, however, notwithstanding any
shorter periods of retention, all books, records, and supporting detail shall be
retained for a period of at least four (4) years after the expiration of the term of
this Agreement.
3. Contractor shall comply with the Davis -Bacon Fair Labor Standards Act (40 USC
a-276, a-5) and the implementation regulations thereof. Contractor shall comply
with the U.S. Department of Housing and Urban Development's Federal Labor
Standards Provisions (HUD 4010). Contractor acknowledges that the applicable
Wage Determination for this project is:
General Decision Number: CA20240025
Modification Number: 2
Date: 01-19-2024
4. Section 3 Compliance: The Contractor hereby acknowledges that this federally
funded project is subject to Section 3 of the Housing and Urban Development Act
of 1968 [12 U.S.C. 1701 u and 24 CFR Part 75] and agrees to the following:
A. The work to be performed under this contract is subject to the
requirements of Section 3 of the Housing and Urban Development Act of
1968, as amended, 12 U.S.C. 1701 u (Section 3). The purpose of Section
3 is to ensure that employment and other economic opportunities
generated by HUD assistance or HUD -assisted projects covered by
Section 3, shall, to the greatest extent feasible, be directed to low- and
very low-income persons, particularly persons who are recipients of HUD
assistance for housing.
B. The parties to this contract agree to comply with HUD's regulations in 24
CFR Part 75, which implement Section 3. As evidenced by their execution
of this contract, the parties to this contract certify that they are under no
contractual or other impediment that would prevent them from complying
with the Part 75 regulations.
Contract 1300-6
C. The contractor agrees to send to each labor organization or representative
of workers with which the contractor has a collective bargaining
agreement or other understanding, if any, a notice advising the labor
organization or workers' representative of the contractor's commitments
under this Section 3 clause and will post copies of the notice in
conspicuous places at the work site where both employees and applicants
for training and employment positions can see the notice. The notice shall
describe the Section 3 preference, shall set forth minimum number and
job titles subject to hire, availability of apprenticeship and training
positions, the qualifications for each; and the name and location of the
person(s) taking applications for each of the positions; and the anticipated
date the work shall begin.
D. The contractor agrees to include this Section 3 clause in every
subcontract subject to compliance with regulations in 24 CFR Part 75, and
agrees to take appropriate action, as provided in an applicable provision of
the subcontract or in this Section 3 clause, upon a finding that the
subcontractor is in violation of the regulations in 24 CFR Part 75. The
contractor will not subcontract with any subcontractor where the contractor
has notice or knowledge that the subcontractor has been found in violation
of the regulations in 24 CFR Part 75.
E. The contractor will certify that any vacant employment positions, including
training positions, that are filled (1) after the contractor is selected but
before the contract is executed, and (2) with persons other than those to
whom the regulations of 24 CFR Part 75 require employment opportunities
to be directed, were not filled to circumvent the contractor's obligations
under 24 CFR Part 75.
F. Noncompliance with HUD's regulations in 24 CFR Part 75 may result in
sanctions, termination of this contract for default, and debarment or
suspension from future HUD assisted contracts.
G. With respect to work performed in connection with Section 3 covered
Indian housing assistance, Section 7(b) of the Indian Self -Determination
and Education Assistance Act (25 U.S.C. 450e) also applies to the work to
be performed under this contract. Section 7(b) requires that to the greatest
extent feasible (i) preference and opportunities for training and
employment shall be given to Indians, and (ii) preference in the award of
contracts and subcontracts shall be given to Indian organizations and
Indian -owned Economic Enterprises. Parties to this contract that are
subject to the provisions of Section 3 and Section 7(b) agree to comply
with Section 3 to the maximum extent feasible, but not in derogation of
compliance with Section7(b).
15. This Contract shall not be assignable by Contractor without the written consent of
City.
Contract 1300-7
16. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is
deemed completed.
17. 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.
18. Contractor certifies that it is the holder of any necessary California State
Contractor's License and authorized to undertake the above work.
19. 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.
20. The Contractor shall maintain and preserve all such records for a period of at
least three years after termination of the contract.
21. 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.
22. 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.
Additional Federal Requirements
Whereas, the work under this Agreement is subject to applicable Federal, State, and
local laws and regulations, including but not limited to the regulations pertaining to the
Community Development Block Grant program (24 CFR Part 570) and the Uniform
Administrative Requirement, Cost Principles, and Audit Requirements for Federal
Awards (2 CFR Part 200). Contractor, sub -contractors, Consultants, and sub -
consultants agree to comply with, and are subject to, all applicable requirements as
follows:
Contract 1300-8
1. Equal Employment Opportunity - Compliance with Executive Order 11246 of
September 24, 1965, entitled "Equal Employment Opportunity", as amended by
Executive Order 11375 of October 13, 1967, and as supplemented in Department of
Labor regulations (41 CFR chapter 60). The Contractor/Consultant will not discriminate
against any employee or applicant for employment because of race, color, religion, sex,
or national origin. Contractor/Consultant will ensure that all qualified applicants will
receive consideration for employment without regard to race, color, religion, sex or
national origin. The Contractor/Consultant will take affirmative action to ensure that
applicants are employed and the employees are treated during employment, without
regard to their race color, religion, sex, or national origin. Such actions shall include,
but are not limited to, the following: employment, up -grading, demotion, or transfer;
recruitment or recruitment advertising; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Contractor/Consultant agrees to
post in a conspicuous place, available to employees and applicants for employment,
notices to be provided by the County setting forth the provisions of this non-
discriminating clause.
2. Copeland "Anti -Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c: All
contracts and subgrants in excess of $2,000 for construction or repair awarded by
recipients and subrecipients shall include a provision for compliance with the Copeland
"Anti -Kickback" Act (18 U.S.C. 874), as supplemented by Department of Labor
regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building or
Public Work Financed in Whole or in Part by Loans or Grants from the United States").
The Act provides that each contractor or subrecipient shall be prohibited from inducing,
by any means, any person employed in the construction, completion, or repair of public
work, to give up any part of the compensation to which he is otherwise entitled. The
recipient shall report all suspected or reported violations to HUD.
3. Davis -Bacon Act, as amended (40 U.S.C. 276a to a-7: When required by
Federal program legislation, all construction contracts awarded by the recipients and
subrecipients of more than $2000 shall include a provision for compliance with the
Davis -Bacon Act (40 U.S.C. 276a to a-7) and as supplemented by Department of Labor
regulations (29 CFR part 5, "Labor Standards Provisions Applicable to Contracts
Governing Federally Financed and Assisted Construction"). Under this Act, contractors
shall be required to pay wages to laborers and mechanics at a rate not less than the
minimum wages specified in a wage determination made by the Secretary of Labor. In
addition, contractors shall be required to pay wages not less than once a week. The
recipient shall place a copy of the current prevailing wage determination issued by the
Department of Labor in each solicitation and the award of a contract shall be
conditioned upon the acceptance of the wage determination. The recipient shall report
all suspected or reported violations to HUD.
Contract 1300-9
4. Contract Work Hours and Safety Standards Act (40 U.S.C. 327 through 333:
Where applicable, all contracts awarded by recipients in excess of $2000 for
construction contracts and in excess of $2500 for other contracts that involve the
employment of mechanics or laborers shall include a provision for compliance with
Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.
327-333), as supplemented by Department of Labor regulations (29 CFR part 5). Under
Section 102 of the Act, each contractor shall be required to compute the wages of every
mechanic and laborer on the basis of a standard workweek of 40 hours. Work in excess
of the standard workweek is permissible provided that the worker is compensated at a
rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of
40 hours in the workweek. Section 107 of the Act is applicable to construction work and
provides that no laborer or mechanic shall be required to work in surroundings or under
working conditions which are unsanitary, hazardous or dangerous. These requirements
do not apply to the purchases of supplies or materials or articles ordinarily available on
the open market, or contracts for transportation or transmission of intelligence.
5. Rights to Inventions Made Under a Contract or Agreement— Contracts or
agreements for the performance of experimental, developmental, or research work shall
provide for the rights of the Federal Government and the recipient in any resulting
invention in accordance with 37 CFR part 401, "Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and
Cooperative Agreements," and any implementing regulations issued by HUD.
6. Rights to Data and Copyrights – Contractors and consultants agree to comply
with all applicable provisions pertaining to the use of data and copyrights pursuant to 48
CFR Part 27.4, Federal Acquisition Regulations (FAR).
7. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.), as amended—Contracts and subgrants of
amounts in excess of $100,000 shall contain a provision that requires the recipient to
agree to comply with all applicable standards, orders or regulations issued pursuant to
the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act
as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to HUD and the
Regional Office of the Environmental Protection Agency (EPA).
8. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)— Contractors who apply or
bid for an award of $100,000 or more shall file the required certification. Each tier
certifies to the tier above that it will not and has not used Federal appropriated funds to
pay any person or organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of Congress, or
an employee of a member of Congress in connection with obtaining any Federal
contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also
disclose any lobbying with non -Federal funds that takes place in connection with
obtaining any Federal award. Such disclosures are forwarded from tier -to -tier up to the
recipient.
Contract 1300-10
9. Debarment and Suspension (E.O.s 12549 and 12689)—No contract shall be
made to parties listed on the General Services Administration's List of Parties Excluded
from Federal Procurement or Nonprocurement Programs in accordance with E.O.s
12549 and 12689, "Debarment and Suspension," as set forth at 24 CFR part 24. This
list contains the names of parties debarred, suspended, or otherwise excluded by
agencies, and contractors declared ineligible under statutory or regulatory authority
other than E.O. 12549. Contractors with awards that exceed the small purchase
threshold shall provide the required certification regarding its exclusion status and that
of its principal employees.
10. Drug -Free Workplace Requirements—The Drug -Free Workplace Act of 1988
(42 U.S.C. 701) requires grantees (including individuals) of federal agencies, as a prior
condition of being awarded a grant, to certify that they will provide drug-free workplaces.
Each potential recipient must certify that it will comply with drug-free workplace
requirements in accordance with the Act and with HUD's rules at 24 CFR part 24,
subpart F.
11. Access to Records and Records Retention: The Consultant or Contractor, and
any sub -consultants or sub -contractors, shall allow all duly authorized Federal, State,
and/or County officials or authorized representatives access to the work area, as well as
all books, documents, materials, papers, and records of the Consultant or Contractor,
and any sub -consultants or sub -contractors, that are directly pertinent to a specific
program for the purpose of making audits, examinations, excerpts, and transcriptions.
The Consultant or Contractor, and any sub -consultants or sub -contractors, further agree
to maintain and keep such books, documents, materials, papers, and records, on a
current basis, recording all transactions pertaining to this agreement in a form in
accordance with generally acceptable accounting principles. All such books and
records shall be retained for such periods of time as required by law, provided,
however, notwithstanding any shorter periods of retention, all books, records, and
supporting detail shall be retained for a period of at least four (4) years after the
expiration of the term of this Agreement.
12. Federal Employee Benefit Clause: No member of or delegate to the congress
of the United States, and no Resident Commissioner shall be admitted to any share or
part of this agreement or to any benefit to arise from the same.
13. Energy Efficiency: Mandatory standards and policies relating to energy
efficiency which are contained in the state energy conservation plan issued in
compliance with the Energy Policy and Conservation Act (Pub. L. 94A 163, 89 Stat.
871).
Contract 1300-11
14. Procurement of Recovered Materials (2 CFR 200.322.) A non -Federal entity
that is a state agency or agency of a political subdivision of a state and its contractors
must comply with section 6002 of the Solid Waste Disposal Act, as amended by the
Resource Conservation and Recovery Act. The requirements of Section 6002 include
procuring only items designated in guidelines of the Environmental Protection Agency
(EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials
practicable, consistent with maintaining a satisfactory level of competition, where the
purchase price of the item exceeds $10,000 or the value of the quantity acquired by the
preceding fiscal year exceeded $10,000; procuring solid waste management services in
a manner that maximizes energy and resource recovery; and establishing an affirmative
procurement program for procurement of recovered materials identified in the EPA
guidelines.
Contract 1300-12
IN WITNESS WHEREOF, the parties have executed this Contract as of the
dates stated below.
"CITY"
CITY OF LA QUINTA
a California municipal corporation
Dated:
ATTEST:
Monika Radeva, City Clerk
APPROVED AS TO FORM:
City Attorney
Dated:
Name:
Print Name
Address:
Street Address
Dated:
Name:
Print Name
Address:
Street Address
By:
Jon McMillen, City Manager
Dated:
Dated:
"CONTRACTOR"
(If corporation, affix seal)
By:
Signature
Title:
City State Zip Code
By:_
Title:
Signature
City State Zip Code
Contract 1300-13
SECTION 1310
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of La Quinta, a municipal corporation, hereinafter designated the
City, has, on , 2024, awarded to
, hereinafter designated as the Principal, a Contract for Project No. 2023-
07 and CDBG Project No. 4.LQ.48-23, Citywide Miscellaneous ADA Improvements
and:
WHEREAS, said Principal is required under the terms of said Contract to furnish
a bond for the faithful performance of said Contract:
NOW, THEREFORE, we, the Principal, and , as
Surety, are held and firmly bound unto the City in the just and full amount of
DOLLARS ($ ) 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 1310-1
IN WITNESS WHEREOF, the Principal and Surety have executed this instrument
under their seals this
day of 2024, the name and corporate seal of each
corporate party being hereto affixed and these presents duly signed by its undersigned
representative, pursuant to authority of its governing body.
Principal
(Seal)
Signature for Principal
Title of Signatory
Surety
(Seal)
Signature for Surety
Title of Signatory
Address of Surety
Phone # of Surety
Contact Person for Surety
Faithful Performance Bond 1310-2
SECTION 1320
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of La Quinta, a municipal corporation, hereinafter designated the
City, has on , 2024, awarded to
hereinafter designated as the Principal, a Contract for Project No.
2023-07 and CDBG Project No. 4.LQ.48-23, Citywide Miscellaneous ADA
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 1320-1
IN WITNESS WHEREOF, the Principal and Surety have executed this instrument
under their seals this
day of 2024, the name and corporate seal of each
corporate party being hereto affixed and these presents duly signed by its undersigned
representative, pursuant to authority of its governing body.
Principal
(Seal)
Signature for Principal
Title of Signatory
Surety
(Seal)
Signature for Surety
Title of Signatory
Address of Surety
Phone # of Surety
Contact Person for Surety
Payment Bond 1320-2
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
Workers Compensation Insurance Certificate 1330-1
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 1340-1
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 1340-2
2.0 INSURANCE REQUIREMENTS
2.1 General
Prior to the beginning of and throughout the duration of the Work, Contractor will
maintain insurance in conformance with the requirements set forth below.
Contractor will use existing coverage to comply with these requirements. If that
existing coverage does not meet the requirements set forth here, it will be
amended to do so. Contractor acknowledges that the insurance coverage and
policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to City in excess of the limits and
coverage required in this Contract and which is applicable to a given loss, will be
available to City.
Contractor shall submit coverage verification for review and approval by the City
upon execution of the Contract.
The Notice to Proceed with the Work under this Contract will not be issued, and
the Contractor shall not commence work, until such insurance has been approved
by the City. The Contractor shall not allow any subcontractors to commence work
on its subcontract until all similar insurance required of the subcontractor has been
obtained and verified by Contractor. Such insurance shall remain in full force and
effect at all times during the prosecution of the Work and until the final completion
and acceptance thereof.
The Notice to Proceed does not relieve the Contractor of the duty to obtain such
insurance as required by Paragraph 1340-2.0 INSURANCE REQUIREMENTS.
Contractor shall provide the following types and amounts of insurance:
2.2 Insurance
Prior to the beginning of and throughout the duration of this Agreement, the
following policies shall be maintained and kept in full force and effect providing
insurance with minimum limits as indicated below and issued by insurers with A.M.
Best ratings of no less than A -VI:
Commercial General Liability (at least as broad as ISO CG 0001)
$5,000,000 (per occurrence)
$5,000,000 (general aggregate)
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Noncontributory
Commercial Auto Liability (at least as broad as ISO CA 0001)
$1,000,000 (per accident)
Liability and Insurance Requirements 1340-3
Personal Auto Declaration Page if applicable
Workers' Compensation
(per statutory requirements)
Must include the following endorsements:
Workers Compensation Waiver of Subrogation
Workers Compensation Declaration of Sole Proprietor if applicable
Contracting Party shall procure and maintain, at its cost, and submit concurrently
with its execution of this Agreement, Commercial General Liability insurance
against all claims for injuries against persons or damages to property resulting from
Contracting Party's acts or omissions rising out of or related to Contracting Party's
performance under this Agreement. The insurance policy shall contain a
severability of interest clause providing that the coverage shall be primary for
losses arising out of Contracting Party's performance hereunder and neither City
nor its insurers shall be required to contribute to any such loss. An endorsement
evidencing the foregoing and naming the City/County of Riverside and its officers,
board members, and employees as additional insured (on the Commercial General
Liability policy only) must be submitted concurrently with the execution of this
Agreement and approved by City prior to commencement of the services
hereunder.
Contracting Party shall carry automobile liability insurance of $1,000,000 per
accident against all claims for injuries against persons or damages to property
arising out of the use of any automobile by Contracting Party, its officers, any
person directly or indirectly employed by Contracting Party, any subcontractor or
agent, or anyone for whose acts any of them may be liable, arising directly or
indirectly out of or related to Contracting Party's performance under this
Agreement. If Contracting Party or Contracting Party's employees will use
personal autos in any way on this project, Contracting Party shall provide evidence
of personal auto liability coverage for each such person. The term "automobile"
includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed
for travel on public roads. The automobile insurance policy shall contain a
severability of interest clause providing that coverage shall be primary for losses
arising out of Contracting Party's performance hereunder and neither City nor its
insurers shall be required to contribute to such loss.
Professional Liability or Errors and Omissions Insurance as appropriate shall be
written on a policy form coverage specifically designed to protect against acts,
errors or omissions of the Contracting Party and "Covered Professional Services"
as designated in the policy must specifically include work performed under this
agreement. The policy limit shall be no less than $1,000,000 per claim and in the
aggregate. The policy must "pay on behalf of" the insured and must include a
provision establishing the insurer's duty to defend. The policy retroactive date shall
be on or before the effective date of this agreement.
Liability and Insurance Requirements 1340-4
Contracting Party shall carry Workers' Compensation Insurance in accordance
with State Worker's Compensation laws with employer's liability limits no less than
$1,000,000 per accident or disease.
If coverage is maintained on a claims -made basis, Contracting Party shall maintain
such coverage for an additional period of three (3) years following termination of
the contract.
Contracting Party shall provide written notice to City within ten (10) working days
if: (1) any of the required insurance policies is terminated; (2) the limits of any of
the required polices are reduced; or (3) the deductible or self-insured retention is
increased. In the event any of said policies of insurance are cancelled, Contracting
Party shall, prior to the cancellation date, submit new evidence of insurance in
conformance with this Exhibit to the Contract Officer.
The procuring of such insurance or the delivery of policies or certificates
evidencing the same shall not be construed as a limitation of Contracting Party's
obligation to indemnify City, its officers, employees, contractors, subcontractors,
or agents.
2.3 Remedies
In addition to any other remedies City may have if Contracting Party fails to provide
or maintain any insurance policies or policy endorsements to the extent and within
the time herein required, City may, at its sole option:
a. Obtain such insurance and deduct and retain the amount of the premiums
for such insurance from any sums due under this Agreement.
b. Order Contracting Party to stop work under this Agreement and/or withhold
any payment(s) which become due to Contracting Party hereunder until
Contracting Party demonstrates compliance with the requirements hereof.
c. Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to any other
remedies City may have. The above remedies are not the exclusive remedies for
Contracting Party's failure to maintain or secure appropriate policies or
endorsements. Nothing herein contained shall be construed as limiting in any way
the extent to which Contracting Party may be held responsible for payments of
damages to persons or property resulting from Contracting Party's or its
subcontractors' performance of work under this Agreement.
Liability and Insurance Requirements 1340-5
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:
Contracting Party agrees to have its insurer endorse the third -party general liability
coverage required herein to include as additional insureds City/County of
Riverside, its officials, board members, employees, and agents, using standard
ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party
also agrees to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Contracting Party, or Contracting Party's employees, or agents, from
waiving the right of subrogation prior to a loss. Contracting Party agrees to waive
subrogation rights against City regardless of the applicability of any insurance
proceeds, and to require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contracting Party and available or
applicable to this Agreement are intended to apply to the full extent of the policies.
Nothing contained in this Agreement or any other agreement relating to City or its
operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not been
first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called "third party action over" claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and
additional requirements by the City, as the need arises.
Contracting Party shall not make any reductions in scope of coverage (e.g.
elimination of contractual liability or reduction of discovery period) that may affect
City's protection without City's prior written consent.
Liability and Insurance Requirements 1340-6
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Contracting Party's general liability policy, shall be delivered to
City at or prior to the execution of this Agreement. In the event such proof of any
insurance is not delivered as required, or in the event such insurance is canceled
at any time and no replacement coverage is provided, City has the right, but not
the duty, to obtain any insurance it deems necessary to protect its interests under
this or any other agreement and to pay the premium. Any premium so paid by City
shall be charged to and promptly paid by Contracting Party or deducted from sums
due Contracting Party, at City option.
8. It is acknowledged by the parties of this agreement that all insurance coverage
required to be provided by Contracting Party or any subcontractor, is intended to
apply first and on a primary, non-contributing basis in relation to any other
insurance or self-insurance available to City.
9. Contracting Party agrees to ensure that subcontractors, and any other party
involved with the project that is brought onto or involved in the project by
Contracting Party, provide the same minimum insurance coverage required of
Contracting Party. Contracting Party agrees to monitor and review all such
coverage and assumes all responsibility for ensuring that such coverage is
provided in conformity with the requirements of this section. Contracting Party
agrees that upon request, all agreements with subcontractors and others engaged
in the project will be submitted to City for review.
10. Contracting Party agrees not to self -insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein (with the exception of
professional liability coverage, if required) and further agrees that it will not allow
any contractor, subcontractor, Architect, Engineer or other entity or person in any
way involved in the performance of work on the project contemplated by this
agreement to self -insure its obligations to City. If Contracting Party's existing
coverage includes a deductible or self-insured retention, the deductible or self-
insured retention must be declared to the City. At that time the City shall review
options with the Contracting Party, which may include reduction or elimination of
the deductible or self-insured retention, substitution of other coverage, or other
solutions.
11. The City reserves the right at any time during the term of this Agreement to change
the amounts and types of insurance required by giving the Contracting Party ninety
(90) days advance written notice of such change. If such change results in
substantial additional cost to the Contracting Party, the City will negotiate
additional compensation proportional to the increased benefit to City.
Liability and Insurance Requirements 1340-7
12. For purposes of applying insurance coverage only, this Agreement will be deemed
to have been executed immediately upon any party hereto taking any steps that
can be deemed to be in furtherance of or towards performance of this Agreement.
13. Contracting Party acknowledges and agrees that any actual or alleged failure on
the part of City to inform Contracting Party of non-compliance with any insurance
requirement in no way imposes any additional obligations on City nor does it waive
any rights hereunder in this or any other regard.
14. Contracting Party will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type pursuant to
this agreement. This obligation applies whether or not the agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until
City executes a written statement to that effect.
15. Contracting Party shall provide proof that policies of insurance required herein
expiring during the term of this Agreement have been renewed or replaced with
other policies providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. A coverage binder or letter
from Contracting Party's insurance agent to this effect is acceptable. A certificate
of insurance and/or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided to City
within five (5) days of the expiration of coverages.
16. The provisions of any workers' compensation or similar act will not limit the
obligations of Contracting Party under this agreement. Contracting Party expressly
agrees not to use any statutory immunity defenses under such laws with respect
to City, its employees, officials, and agents.
17. Requirements of specific coverage features, or limits contained in this section are
not intended as limitations on coverage, limits or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a
given issue, and is not intended by any party or insured to be limiting or all-
inclusive.
18. These insurance requirements are intended to be separate and distinct from any
other provision in this Agreement and are intended by the parties here to be
interpreted as such.
19. The requirements in this Exhibit supersede all other sections and provisions of this
Agreement to the extent that any other section or provision conflicts with or impairs
the provisions of this Exhibit.
Liability and Insurance Requirements 1340-8
20. Contracting Party agrees to be responsible for ensuring that no contract used by
any party involved in any way with the project reserves the right to charge City or
Contracting Party for the cost of additional insurance coverage required by this
agreement. Any such provisions are to be deleted with reference to City. It is not
the intent of City to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against City for payment of premiums
or other amounts with respect thereto.
21. Contracting Party agrees to provide immediate notice to City of any claim or loss
against Contracting Party arising out of the work performed under this agreement.
City assumes no obligation or liability by such notice, but has the right (but not the
duty) to monitor the handling of any such claim or claims if they are likely to involve
City.
2.5 Change in Terms
The Contractor shall provide immediate written notice to the City of any change in terms
and conditions and/or reduction in the coverage of any nature to the insurance policies.
The notice shall be sent to:
Jon McMillen, City Manager
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Liability and Insurance Requirements 1340-9
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 1400-1
1.3 Headings
Headings to parts, divisions, sections, articles, paragraphs, subparagraphs, and forms
are inserted for convenience of reference only and shall not affect the interpretation of
the Contract Documents.
1.4 Penalty for Collusion
If, at any time, it is found that the person, firm, or corporation to whom the Contract
has been awarded has, in presenting any bid or bids, colluded with any other party
or parties, then the Contract shall be null and void, and the Contractor and its sureties
shall be liable for loss or damage which the City may suffer thereby, and the City may
advertise for new bids for said Work.
1.5 Successors and Assigns
The City and the Contractor, respectively, bind themselves, their partners,
successors, assigns, and legal representatives to the other party hereto and to the
partners, successors, assigns, and legal representatives of such other party with
respect to all covenants, contracts, agreements, and obligation contained in the
Contract Documents. Neither party to the Contract shall assign the Contract or sublet
it as a whole without the written consent of the other.
1.6 Assignment to the City
Pursuant to Public Contract Code 4551, in entering into the Contract and all
subcontracts, to supply goods, services, or materials pursuant to the Contract, the
Contractor and its subcontractors offer and agree to assign to the City all rights, title,
and interest in and to all causes of action it may have under Section 4 of the Clayton
Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with
section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising
from purchases of goods, services, or materials pursuant to the Contract and
subcontracts. This assignment shall be made and become effective at the time the
City tenders final payment to the Contractor, without further acknowledgment by the
parties.
1.7 Rights and Remedies
The duties and obligations imposed by the Contract Documents and the rights and
remedies available thereunder shall be in addition to, and not a limitation of, any
duties, obligations, rights, and remedies otherwise imposed or available by law.
No action or failure to act by the City and its representatives or the consultants, shall
constitute a waiver of any right or duty afforded any of them under the Contract, nor
shall any such action or failure to act constitute an approval of or acquiescence in any
breach thereunder, except as may be specifically agreed in writing.
General Conditions 1400-2
1.8 Definitions
Unless otherwise stated, the words directed, required, permitted, ordered, instructed,
designated, applicable, appropriate, sufficient, proper, desirable, necessary,
prescribed, approved, acceptable, satisfactory or words of like import, refer to actions,
expressions, and prerogatives of the City, the City Engineer.
Masculine gender words include the feminine. References to gender, such as
"workman" and "flagman" and the pronouns "he" or "his" referring to such titles, are
abstract in the specifications, used for the sake of brevity are intended to refer to
persons of either sex.
Singular words include the plural and "person" includes firms, companies, and
corporations.
Where used in the Contract Documents, the following words and terms shall have the
meanings indicated. The meanings shall be applicable to the singular, plural,
masculine, and feminine of the words and terms.
Acceptance - The formal written acceptance by the City of an entire Contract which
has been completed in all respects in accordance with the Contract Documents and
any modifications thereof previously approved.
Act of God - An earthquake, flood, cyclone, or other cataclysmic phenomenon of
nature. A rain, windstorm, high water, or other natural phenomenon, which might
reasonably have been anticipated from historical records of the general locality of the
work, shall not be construed as an Act of God.
Addenda - Written or graphic instruments issued prior to the bid which modify or
interpret the Contract Documents, drawings, and specifications, by additions,
deletions, clarifications, or corrections.
Architect - The Architect responsible for the preparation of plans and specifications
for the City of La Quinta
Bid - The offer or proposal of the Bidder submitted on the prescribed form setting
forth the price for the work to be performed.
Bond(s) - Bid, Performance, or Payment Bonds and other instruments of surety,
furnished by the Contractor and Contractor's surety in accordance with the Contract
Documents.
Bidder - Any properly licensed and qualified individual, firm, partnership, corporation,
joint venture, or combination thereof, submitting a proposal for the work
contemplated, acting directly or through a duly authorized representative.
Calendar Day - Any day including legal holidays, Saturdays and Sundays.
General Conditions 1400-3
City - The City of La Quinta, a Municipal Corporation in the State of California.
City Engineer - The person designated, in writing, by the City to act as its
representative at the construction site and to perform construction inspection services
and administrative functions relating to this Contract. Initial contact by the Contractor
with the City shall be through the City Engineer.
City Representative - The person designated in writing by the City to act as its agent
on specified matters relating to this Contract. The City's Representative is not the
City Engineer but is another individual who has been designated to represent the
City.
Contract - The written document covering the performance of the Work as more fully
described in, but not limited to, the plans, standard specifications, special and
technical provisions, Contract bonds, proposal, addenda, and Contract Change
Orders.
Contract Chanqe 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
General Conditions 1400-4
Each of these items is to be considered by reference as part of the Contract
Documents, also referred to as Contract.
Contract Price - The amount payable to the Contractor under the terms and
conditions of the Contract based on the price given on the bidding schedule, with
adjustments made in accordance with the Contract. The base amount given in the
bidding schedule shall be either a lump sum bid or the summation of the unit price
bids multiplied by the estimated quantities set forth in the bid form. Also referred to
as Contract Amount or Contract Sum.
Contract Time - Number of calendar days stated in the Contract for the completion
of the Work.
Contract Completion Date - The date on which the City accepts the work as being
complete.
Contractor - The person or persons, firms, partnership, corporation, or combination
thereof, who have entered with the City, as party or parties of the second part of his
or their legal representatives.
Contractor's Plant and Equipment - Equipment, material, supplies, and all other
items, except labor, brought onto the site by the Contractor to carry out the Work, but
not to be incorporated in the Work.
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 Conditions 1400-5
General Prosect Requirements - Part of the Contract Documents establishing
general conditions or requirements peculiar to the way public works projects are
performed in the City of La Quinta.
Herein - Refers to information presented in the Project Manual.
Holidays - Legal holidays designated by the City or specifically identified in the
Contract.
Install - Placing, erecting, or constructing any item, equipment, or material.
Laboratory - The designated materials testing laboratory authorized by the City to
test materials and work involved in the Contract.
Liquidated Damages - A fixed amount as prescribed in Paragraph 1500-3.0, to be
paid to the City or to be deducted from any payments due, or to become due, to the
Contractor as a result of the Contractor not completing the work in the time allowed
in the specifications.
Notice of Award - A written notice by the City to the Bidder informing him that the
Contract has been awarded to him.
Notice to Proceed - The written notice by the City to the Contractor authorizing him
to proceed with the Work and establishing the date of commencement of the Work.
Paragraph - For references or citation purposes, refers to the paragraph(s) in these
Specifications, called out by paragraph number and alphanumeric designator.
Person - Includes firms, companies, corporations, partnerships, and joint ventures.
Plans - Refers to the project plans drawings, profiles, cross sections, elevations,
details, and other working drawings and supplementary drawings, or reproductions
thereof, approved by the City, and are referred to in the Contract Documents, which
show the location, character, dimensions, and details of the work to be performed.
The terms drawing, plan and plans have the same meaning as the term drawings
unless otherwise stated or specified.
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.
General Conditions 1400-6
Shall - Refers to actions by either the Contractor or the City and means the Contractor
or City has entered into a covenant with the other party to do or perform the action.
Shown - Refers to information presented on the Drawings, with or without reference
to the Drawings.
Site - The property as described in the General Conditions or as shown on the
Drawings.
Specific Project Requirements - Part of the Contract Documents establishing
specific conditions or requirements peculiar to the work.
Specifications - That part of the Contract Documents consisting of the General
Conditions, Supplementary General Conditions, General Project Requirements,
Specific Project Requirements, applicable portions of the Standard Specifications and
State Standard Specifications, and Technical Specifications.
Specify - Refers to information described, shown, noted or presented in any manner
in any part of the Contract.
Standard Specifications - Standard Specifications for Public Works Construction,
latest edition, including all supplements, as written by the Joint Cooperative
Committee of the Southern California Chapter of the American Public Works
Association and the Southern California District of the Associated General
Contractors of California.
State Standard Specifications - The State of California, Department of
Transportation Agency's Standard Specifications in effect at the time of advertising
the Work. Also referred to as State Standard Specifications and Caltrans Standard
Specifications.
Subcontractor - A subcontractor is a person or entity who has a direct contract with
the Contractor to perform any of the Work at the Site. The term subcontractor means
a subcontractor or subcontractor's authorized representative. The term
subcontractor, does not include any separate contractor or any separate contractor's
subcontractors.
Submittals - The information which is specified for submission to the City Engineer
in accordance with the Project Manual.
Substantial Completion - Substantial Completion is the stage in the progress of the
Work when the Work is sufficiently complete in accordance with the Contract
Documents so the City can occupy or utilize the Work for its intended use.
General Conditions 1400-7
Sub -subcontractor - A sub -subcontractor is a person or entity who has a direct or
indirect contract with a subcontractor to perform any of the Work at the Site. The
term sub -subcontractor means a sub -subcontractor or an authorized representative
thereof.
Supplier - Any person, firm, corporation, or organization who supplies materials or
equipment for the Work, including that fabricated to a special design, and may also
be a Subcontractor or a Sub -subcontractor.
Surety - The person, firm, corporation, or organization that joins with the Contractor
in assuming the liability for the faithful performance of the Work and for the payment
of all obligations pertaining to the Work in accordance with the Contract Documents
by issuing the Bonds required by the Contract Documents or by law.
Will - Actions entered into by the Contractor or the City as a covenant with the other
party to do or to perform the action.
Work - The labor, materials, equipment, supplies, and other items necessary for the
execution, completion, and fulfillment of the Contract.
Working Day - Any day, other than a holiday, Saturday or Sunday, on which the
Contractor may proceed with regular work on the current controlling operation as
determined by the City Engineer toward the completion of the Contract. A working
day is equivalent to 1.45 calendar days.
2.0 ADMINISTRATION
2.1 Administration of the Contract
The City Engineer will provide administration of the Contract as hereinafter discussed.
The duties, responsibilities and limitations of authority of City retained consultants
and the City Engineer during the construction, as set forth in the Contract Documents,
will not be modified or extended without written consent of the City.
In case of the termination of the employment of a consultant or the City Engineer, the
City will appoint a consultant or a City Engineer whose status under the Contract
Documents shall be that of the former consultant or City Engineer, respectively.
2.2 City Engineer
2.2.1 General - The City Engineer has the authority to act on behalf of the City on
change orders, progress payments, Contract decisions, acceptability of the
Contractor's work, and early possession.
2.2.2 Change Orders - The City Engineer has the authority to accept or reject
change orders and cost proposals submitted by the Contractor or as
recommended by the City Engineer.
General Conditions 1400-8
2.2.3 Progress Payments - The City Engineer has the authority to accept or reject
requests for progress payments which have been submitted by the
Contractor.
2.2.4 Contract Decisions - Should the Contractor disagree with decisions
rendered under this Contract, the Contractor may appeal to the City Engineer
in accordance with the provisions of the Contract.
2.2.5 Acceptability of Work -The City Engineer has the authority to make the final
determination of the acceptability of the Work.
2.2.6 Construction Schedule - The City Engineer has the authority to review and
recommend acceptance of the progress schedule submitted by the
Contractor at the start of the Work and subsequent significant revisions for
conformance to the specified sequence of work and logic.
2.2.7 Inspection - The City Engineer with the assistance of inspectors will observe
the progress, quality, and quantity of the Work to determine, in general, if the
Work is proceeding in accordance with the intent of the Contract Documents.
The City Engineer shall not be responsible for construction means, methods,
techniques, sequences, or procedures, or for safety precautions and
programs in connection with the Work.
In accordance with the provisions detailed elsewhere in these General Conditions,
the City Engineer will make decisions relative to all matters of interpretation or
execution of the Contract Documents.
2.3 Consultants
2.3.1 General - Consultants will have the authority to act on behalf of the City only
to the extent provided in the Supplemental General Conditions.
3.0 City
3.1 General
The City, acting through the City Engineer, shall have the authority to act as the sole
judge of the Work and materials with respect to both quantity and quality as set forth
in the Contract.
3.2 Attention to Work
The City shall notify the Contractor in writing of the name of individuals designated
as representatives of the City Engineer. The representative will normally be at the
Site of the Work. During the representative's absences, the Contractor may contact
the City Engineer or a previously designated representative.
General Conditions 1400-9
3.3 Inspection
The City will employ one or more inspectors to observe the Work and to act in matters
of construction under this Contract. An inspector is not authorized to revoke, alter, or
waive any requirements of the specifications. The inspector is authorized to call the
attention of the Contractor to any failure of the Work or materials to conform to the
Contract Documents. The inspector shall have the authority to reject material or, in
any emergency, suspend the Work. The Contractor may appeal any such issue
which it disagrees with to the City Engineer.
Contractor shall call in daily for inspections, unless otherwise approved by the
City, at Public Works Inspection Hotline 760-777-7097. Concrete inspections
will be required separately for all stapes of the work: subgrade; forming; and
pouring.
Separate and independent from the inspection above, the project may be inspected
by Building Officials for code compliance. Such inspectors shall have the authority
provided to them by local jurisdiction.
3.4 City's Right to Carry Out the Work
If the Contractor defaults or neglects to carry out the Work in accordance with the
Contract Documents and fails within seven (7) days after receipt of written notice from
the City to commence and continue correction of such default or neglect with diligence
and promptness, the City may, after seven (7) days following receipt by the Contractor
of an additional written notice and without prejudice to any other remedy make good
such deficiencies.
The City also reserves the right to perform any portion of the work due to an
emergency threatening the safety of the Work, public, City, and any property or
equipment.
In either case an appropriate Change Order shall be issued unilaterally deducting
from the payments then or thereafter due the Contractor the cost of correcting such
deficiencies and/or for performing such work, including compensation for consultants
and City's additional services made necessary by such default, neglect, failure or
emergency.
3.5 City's Right to Perform Work and to Award Separate Contracts
The City reserves the right to perform the work related to the Project with the City's
own forces, and to award separate Contracts in connection with other portions of the
Project or other work on the Site under these or similar Conditions of the Contract. If
the Contractor claims that delay, damage, or additional cost is involved because of
such action by the City, the Contractor shall make such claim as provided elsewhere
in the Contract Documents.
General Conditions 1400-10
When separate Contracts are awarded for different portions of the Project or other
work on the Site, the term "Contractor" in the Contract Documents in each case shall
mean the Contractor who executes each separate Contract.
The City will provide for the coordination of the work of the City's own forces and of
each separate Contractor with the Work of the Contractor, who shall cooperate
therewith as provided in Paragraph 1400-4.8.3, Cooperation.
4.0 CONTRACTOR
4.1 Office
The Contractor's address stated in the Bid is hereby designated as the legal address
of the Contractor for the receipt of documents, samples, notices, letters, and other
Articles of communication.
4.2 Contractor's Representative
The Contractor shall notify the City in writing of the name of the person who will act
as the Contractor's representative and shall have the authority to act in matters
relating to this Contract. The Contractor, acting through its representative, shall give
personal attention to, and shall manage the Work, so that it shall be prosecuted
faithfully. The Contractor's representative shall be an employee of the Contractor.
Upon written request of the Contractor, this requirement may be waived by the City.
The City's waiver, if granted will be in writing. There is no obligation by the City to
waive this provision regardless of the effect on the Contractor's operations.
At all times during the progress of the Work, the Contractor's representative shall be
personally present at the Project site, or a designated alternate shall be available who
has the authority to act in matters relating to the Contract. The Contractor's
representative or designated alternate shall have the authority to carry out the
provisions of the Contract and to supply materials, equipment, tools, and labor without
delay for the performance of the Work.
Before initial work is begun on the Contract, the Contractor shall file with the City
Engineer addresses and telephone numbers where the Contractor's and all
subcontractors' representatives can be reached during all hours, including nights and
weekends when work is not in progress.
4.3 Construction Procedures
The Contractor will supervise and direct the work. The Contractor has the authority
to determine the means, methods, techniques, sequences, and procedures of
construction, except in those instances where the City, to define the quality of an item
of work, specifies in the Contract, a means, method, technique, sequence, or
procedure for construction of that item of Work.
General Conditions 1400-11
4.4 Contractor's Employees
The Contractor shall be responsible for the adequacy, efficiency, and sufficiency of
its employees. Workers shall have sufficient knowledge, skill, and experience to
perform properly the work assigned to them.
The Contractor shall employ only competent, skillful workers to perform the Work. If
any subcontractor or person employed by the Contractor or its subcontractors, appear
to the City Engineer to be incompetent or act in a disorderly or improper manner, such
person or subcontractor shall be discharged from the site immediately by the
Contractor upon written direction of the City Engineer, and such person shall not
again be employed on the Project.
4.5 Subcontractors
Subcontractors will not be recognized as having a direct relationship with the City.
The persons engaged in the Work, including employees of subcontractors and
suppliers, will be considered employees of the Contractor. The Contractor will be
responsible for their work and their work shall be subject to the provisions of the
Contract. The Contractor is as fully responsible to the City for the acts and omissions
of its subcontractors and of persons either directly or indirectly employed by them as
the Contractor is for the acts and omissions of persons directly employed by the
Contractor. Nothing contained in the Contract Documents shall create any
contractual relation between any subcontractor and the City. References in the
Contract Document to actions required of subcontractors, manufacturers, suppliers,
or any party other than the Contractor, the City, the City Engineer, its consultants
shall be interpreted as requiring that the Contractor shall require such subcontractor,
manufacturer, supplier, utility company, or party to perform the specified action,
unless the Contract Documents specifically state that the Work is not included in the
Contract.
The Contractor shall not employ any subcontractors that are not properly licensed in
accordance with State law. Prior to commencement of any work by a subcontractor,
the Contractor shall submit verification to the City Engineer that the subcontractor is
properly licensed for the work it will perform. Changes to subcontractors listed in the
Bid in accordance with Public Contract Code 4100 et. seq., shall be made only with
the approval of the City.
4.6 Contractor's Equipment and Facilities
The Contractor shall furnish and maintain in good condition all equipment and
facilities as required for the proper execution and inspection of the Work. Such
equipment and facilities shall meet all requirements of applicable ordinances and
laws.
General Conditions 1400-12
4.7 Public Safety and Convenience
The Contractor shall conduct its work so as to insure the least possible obstruction to
traffic and inconvenience to the general public and the residents in the vicinity of the
Work and to insure the protection of persons and property at no extra cost to the City.
The Contractor shall have under construction no greater length or amount of work
than he can prosecute properly with due regard to the rights of the public.
4.8 City -Contractor Coordination
4.8.1 Service of Notice - Notice, order, direction, request, or other communication
given by the City or the City Engineer to the Contractor shall be deemed to
be well and sufficiently given to the Contractor if delivered to the Contractor's
Representative designated in Paragraph 1400-4.2, Contractor's
Representative, to the Contractor's office designated in Paragraph 1400-4.1,
Office, or to the Contractor's address provided in the Bid Proposal.
4.8.2 Suggestions to Contractor - Plans or methods of work suggested by the
City, City Engineer or authorized representatives to the Contractor, but not
specified or required, if adopted or followed by the Contractor in whole or in
part, shall be used at the risk and responsibility of the Contractor. The City,
City Engineer, or authorized representatives assume no responsibility
therefor, and in no way will be held liable for any defects in the Work which
may result from or be caused by use of such plan or method of work.
4.8.3 Cooperation - The Contractor shall afford the City, the City Engineer and
separate Contractors reasonable opportunity for the introduction and storage
of their materials and equipment and the execution of their work and shall
coordinate the Work with theirs as required by the Contract Documents.
If any part of the Contractor's Work depends for proper execution or results upon the
work of the City or any separate Contractor, the Contractor shall, prior to proceeding
with the Work, promptly report to the City Engineer any apparent discrepancies or
defects in such other work that render it unsuitable for such proper execution and
results. Failure of the Contractor to so report shall constitute an acceptance of the
City's or separate Contractor's work as fit and proper to receive the Work, except as
to defects which may subsequently become apparent in such work by others.
If requested by the Contractor, the City shall arrange meetings with other contractors
performing work on behalf of the City to plan coordination of construction activities.
The City shall keep the Contractor informed of the planned activities of other
contractors.
Any costs caused by defective or ill-timed work shall be borne by the responsible
party.
General Conditions 1400-13
Differences and conflicts arising between the Contractor and other contractors
employed by the City or between the Contractor and the workers of the City with
regard to their work, shall be submitted to the City for its decision in the matter. If
such separate contractor sues the City on account of any delay or damage alleged to
have been caused by the Contractor, the City shall notify the Contractor who shall, at
the City's election, defend such proceedings at the Contractor's expense.
If any judgement or award against the City arises from any such litigation whether
defended by City or by Contractor, the Contractor shall pay or satisfy said judgement
or award and shall reimburse the City for all attorney's fees and court costs which the
City has incurred or for which it is liable.
4.9 Permits
Unless specifically stated to be provided by the City, Contractor shall apply for, obtain,
and comply with all the terms, conditions and requirements attached to all permits,
bonds and licenses required by local, state, or federal agencies to perform work,
construct, erect, test and startup of any equipment or facility for this Contract. Where
operating permits are required, the Contractor shall apply for and obtain such
operating permits in the name of the City and provide the permit in an appropriate
frame or file holder when the City accepts substantial completion of the equipment or
facility. The Contractor shall give all notices necessary or incidental to the due and
lawful prosecution of the work.
Any permits, bonds, licenses and fees therefore required for the performance of work
under this Contract and not specifically mentioned herein as having been obtained
and paid by the City shall be included in the Contractor's bid price.
The Contractor shall apply for and obtain in its name the necessary building, plumbing
and electrical permits and shall be responsible for satisfying all code requirements,
calling for inspections, and obtaining final approvals. Code inspections will be
coordinated by the City Engineer. The Contractor shall comply with all construction
conditions stipulated in the permits. The Contractor shall include in its bid the fees
for any permits required.
The Contractor shall apply for and obtain all safety permits for excavations, tunneling,
trenches, construction (building structure, scaffolding, or falsework) and demolition
required by CAL/OSHA including but not limited to, the permits required by Labor
Code Section 6500.
General Conditions 1400-14
4.10 Contractor's Responsibility for the Work and Materials
Until acceptance of the Work, the Contractor shall have the charge and care of the
Work and of the materials to be used therein and shall bear the risk of injury, loss, or
damage, to any part thereof (regardless of whether partial payments have been made
on such damaged portions of the Work) by the action of the elements or from any
other cause, whether arising from the non -execution of the Work. The Contractor
shall rebuild, repair, restore, and make good all injuries, losses, or damages to any
portion of the Work or the materials occasioned by any cause before its completion
and acceptance and shall bear the expense thereof, except for such injuries, losses,
or damages as are directly and approximately caused by acts of the City.
4.11 Laws to be Observed
The Contractor shall keep himself fully informed of all existing and future County,
State, and National laws and regulations and all municipal ordinances and regulations
of the City which in any manner affect those engaged or employed in the Work and
of all such orders and decrees of bodies having any jurisdiction or authority over the
same; and shall protect and indemnify the City and all of its officers, agents, and
servants against any claim or liability arising from or based on the violation of any
such laws, ordinances, regulations, orders, or decrees whether by himself or its
employees. If any discrepancy or inconsistency is discovered in the plans, drawings,
specifications or Contract for the Work in relation to any such law, ordinance,
regulations, order or decree, the Contractor shall immediately report the same to the
City Engineer in writing.
4.11.1 Construction Registration with California Department of Industrial
Relations - A contractor or subcontractor shall not be qualified to bid on, be
listed in a bid proposal, subject to the requirements of Section 4104 of the Public
Contract Code, or engage in the performance of any contract for public works,
as defined in Chapter 1 (commencing with Section 1720) of Part 7 of Division 2
the Labor Code, unless currently registered and qualified to perform public
works pursuant to Section 1725.5 of the Labor Code. Prior to March 1, 2015, it
is not a violation of this section for an unregistered contractor to submit a bid
that is authorized by Section 7029.1 of the Business and Professions Code or
by Section 10164 or 20103.5 of the Public Contract Code, provided the
contractor is registered to perform public works pursuant to Section 1725.5 of
the Labor Code prior to April 1, 2015. Effective March 1, 2015, only contractors
and subcontractors that are registered to perform public works pursuant to
Section 1725.5 of the Labor Code may submit a bid for a public works project.
Effective April 1, 2015, contractors and subcontractors not registered to perform
public works pursuant to Section 1725.5 of the Labor Code may not engage in
the performance of a public works project awarded after April 1, 2015.
General Conditions 1400-15
4.11.2 Prevailing Wage - In accordance with Section 1770 of the Labor Code, the City
has ascertained and does hereby specify that the prevailing wage rates shall be
those provided in Article 1110-20.0, WAGE RATES. The said rates shall
include all employer payments that are required by Section 1773.1 of the Labor
Code. The City will furnish to the Contractor, upon request, a copy of such
prevailing rates. It shall be the duty of the Contractor to post a copy of such
prevailing wages at the job site.
For each worker paid less than the stipulated rate in the execution of the
Contract by the Contractor, or any subcontractor under him, in violation of the
provisions of the Labor Code, and in particular, Section 1770 to Section 1780,
inclusive, the Contractor shall be subject to the provisions and penalties of
Section 1775 of the Labor Code. In addition to said penalty, and pursuant to
said Section 1775, the difference between such stipulated prevailing wage rates
and the amounts paid to each worker for each calendar day, or portion thereof,
for which each worker was paid less than the stipulated prevailing rate shall be
paid to each worker by the Contractor.
The wage rates set forth are the minimum that may be paid by the Contractor.
Nothing herein contained shall be construed as preventing the Contractor from
paying more than the minimum set forth.
No extra compensation whatever shall be allowed by the City due to the inability
of the Contractor to hire labor at the minimum rate nor for any necessity for
payment by the Contractor for subsistence, travel time, overtime, or other added
compensation, all of which possibilities are elements to be considered and
ascertained to the Contractor's own satisfaction in preparing the bid.
If it becomes necessary to employ a craft other than those listed, the Contractor
shall notify the City immediately and the City will determine the additional
prevailing rate from the Director of the Department of Industrial Relations and
the rate thus determined shall be applicable as a minimum at the time of initial
employment.
The Contractor shall pay travel and subsistence payments to workers needed
to execute the work as such travel and subsistence payments are defined in the
applicable collective bargaining agreement filed with the Department of
Industrial Relations pursuant to Labor Code Section 1773.8.
Pursuant to Labor Code section 1771.1, no contractor or subcontractor may be
listed on a bid proposal for a public works project submitted on or after March
1, 2015 unless registered with the California Department of Industrial Relations.
Furthermore, all bidders and contractors are hereby notified that no contractor
or subcontractor may be awarded, on or after April 1, 2015, a contract for public
work on a public works project unless registered with the Department of
Industrial Relations.
General Conditions 1400-16
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 S113854, all contractors and subcontractors must furnish
electronic certified payroll records directly to the Labor
Commissioner (aka Division of Labor Standards Enforcement). All
contractors and subcontractors must also provide a copy and proof
to the City of online submittal within 2 days of online submission.
b. A certified copy of an employee's payroll record shall be made available
for inspection or furnished to the employee or his or her authorized
representative on request.
C. A certified copy of all payroll records shall be made available for inspection
or furnished upon request to a representative of the City, the Division of
Labor Standards Enforcement, and the Division of Apprenticeship
Standards of the Department of Industrial Relations.
d. A certified copy of all payroll records shall be made available upon request
by the public in accordance with Section 1776 of the Labor Code.
The Contractor is responsible for its and its subcontractor's compliance with the
provisions of Section 1776 of the Labor Code.
4.11.4 Overtime Requirements - The Contractor shall forfeit, as a penalty
to the City, the penalty as provided in Section 1813 of the Labor Code for each
worker employed in the execution of the Contract by the Contractor, or any
subcontractor under the Contractor, for each day during which such worker is
required or permitted to work more than eight (8) hours in any one day and forty
(40) hours in any one week, in violation of the provisions of the Labor Code, and
in particular, Section 1810 to Section 1815 thereof, inclusive, except that work
performed by employees of Contractors in excess of eight (8) hours a day and
forty (40) hours during one week, shall be permitted upon compensation for all
hours worked in excess of eight (8) hours per day, at not less than one and a
half (1'/2) times the basic rate of pay as provided for in Section 1815 of the Labor
Code.
General Conditions 1400-17
4.11.5 Apprentice and Trainee - Attention is directed to the provisions in
Section 1777.5 of the Labor Code and in accordance with the regulations of the
California Apprenticeship Council concerning the employment of apprentices by
the Contractor or any subcontractor under the Contractor.
Section 1777.5 requires the Contractor or subcontractors employing
tradespersons in any apprenticeable occupation to apply to the joint
apprenticeship committee nearest the site of the project and which administers
the apprenticeship program in that trade for a certificate of approval. The
Contractor and subcontractors are required to submit contract award
information to the applicable joint apprenticeship committee. As provided for
in Section 1777.5 of the Labor Code, the Contractor is required to make
contributions to funds established for the administration of
apprenticeship programs.
It shall be the responsibility of the Contractor to abide by the provisions of
Section 1777.5 (except 1777.5(b)) of the Labor Code and to require all
subcontractors employed by or contracting with the Contractor to abide by said
provisions. The Contractor shall furnish the City any and all evidence of
compliance with this code section when requested by the City.
For failure to comply with Section 1777.5 (except 1777.5(b)) of the Labor Code,
the Contractor shall be subject to the penalties in Section 1777.7 of the Labor
Code.
4.11.6 Workers' Compensation Insurance - The Contractor is required to secure the
payment of compensation to its employees in accordance with the provisions of
Sections 1860 and 3700 of the Labor Code and Paragraph 1340-2.4 Workers'
Compensation Insurance
4.12 Safety
The Contractor shall be solely and completely responsible for conditions of the job
site, including safety of all persons and property during performance of the work. This
requirement shall apply continuously and not be limited to normal working hours.
Safety provisions shall conform to U.S. Department of Labor (OSHA), the California
Occupational Safety and Health Act, and all other applicable Federal, State, County,
and local laws, ordinances, codes, the requirements set forth below, and any
regulations that may be detailed in other parts of these Documents. Where any of
these are in conflict, the more stringent requirement shall be followed.
General Conditions 1400-18
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.
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.
General Conditions 1400-20
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.
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.
General Conditions 1400-21
5.5 Right to Retain Imperfect Work
If any part or portion of the work performed or material furnished under this Contract
shall prove defective and not in accordance with the Drawings and Specifications,
and if the imperfection in the same shall not be of sufficient magnitude or importance
as to make the work dangerous or unsuitable, or if the removal of such work will
create conditions which are dangerous or undesirable, the City shall have the right
and authority to retain such work but shall make such deductions in the final
payment therefor as may be just and reasonable.
6.0 PROGRESS OF THE WORK
6.1 Beginning of Work
The Contractor shall begin work within ten (10) days after receiving Notice to Proceed
and shall diligently prosecute the same to completion within the time limit.
Should the Contractor begin work in advance of receiving Notice to Proceed, any
work performed in advance of the said date of approval shall be considered as having
been done by the Contractor at its own risk and as a volunteer.
6.2 Time of Completion
Time shall be of the essence of the Contract. The Contractor shall prosecute the
work so that the various portions of the project shall be complete and ready for use
within the time specified in Paragraph 3000-1.6 TIME ALLOWED FOR
COMPLETION. It is expressly understood and agreed by and between the
Contractor and the City that the Contract time for completion of the work described
herein is a reasonable time taking into consideration the average climatic and
economic conditions and other factors prevailing in the locality and the nature of the
work.
6.3 Delays
6.3.1 Notice of Delays - When the Contractor foresees a delay in the prosecution of
the Work and, in any event, immediately upon the occurrence of a delay, the
Contractor shall notify the City Engineer in writing of the probability of the
occurrence and the estimated extent of the delay, and its cause. The Contractor
shall take immediate steps to prevent, if possible, the occurrence or continuance
of the delay. The Contractor agrees that no claim shall be made for delays
which are not called to the attention of the City Engineer at the time of their
occurrence.
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.
General Conditions 1400-22
6.3.3 Unavoidable Delays - Unavoidable delays in the prosecution or completion of
the Work shall include delays which result from causes beyond the control of
the Contractor and which could not have been avoided by the exercise of care,
prudence, foresight, and diligence on the part of the Contractor or his
subcontractors, at any tier level, or suppliers. Delays in completion of the Work
of other Contractors employed by the City will be considered unavoidable delays
insofar as they interfere with the Contractor's completion of the current critical
activity item of the Work.
6.3.3.1 Abnormal Delays - Delays caused by acts of god, fire, unusual storms, floods,
tidal waves, earthquakes, strikes, labor disputes, freight embargoes, and
shortages of materials shall be considered as unavoidable delays insofar as
they prevent the Contractor from proceeding with at least seventy-five (75)
percent of the normal labor and equipment force for at least five (5) hours per
day toward completion of the current critical activity item on the favorably
reviewed progress schedule.
6.3.3.2 Material Shortages - Upon the submission of satisfactory proof to the City
Engineer by the Contractor, shortages of material will be acceptable as grounds
for granting a time extension. In order that such proof may be satisfactory and
acceptable to the City Engineer, it must be demonstrated by the Contractor that
the Contractor has made every effort to obtain such materials from all known
sources within reasonable reach of the proposed Work.
Only the physical shortage of material, caused by unusual circumstances, will
be considered under these provisions as a cause for extension of time, and no
consideration will be given to any claim that material could not be obtained at a
reasonable, practical, or economical cost or price, unless it is shown to the
satisfaction of the City Engineer that such material could have been obtained
only at exorbitant prices entirely out of line with current rates, taking into account
the quantities involved and usual practices in obtaining such quantities. A time
extension for shortage of material will not be considered for material ordered or
delivered late or whose availability is affected by virtue of the mishandling of
procurement. The above provisions apply equally to equipment to be installed
in the work.
6.4 Time Extensions
6.4.1 Avoidable Delay - The City may grant an extension of time for avoidable delays
if the City deems it is in its best interest. If the City grants an extension of time
for avoidable delays, the Contractor agrees to pay the City's actual costs,
including charges for engineering, inspection and administration incurred during
the extension.
General Conditions 1400-23
6.4.2 Unavoidable Delay - If the Contractor is delayed in the performance of its work
by an act of the City or if the Contractor is delayed in the performance of its work
by an unavoidable delay, then the Contract completion date may be extended
by the City for such time that, in the City's and City Engineer's opinion, the
Contractor's completion date will be unavoidably delayed, provided that the
Contractor strictly fulfills the following:
a. The Contractor shall provide notification, in accordance with Paragraph
1400-6.3.1, Notice of Delays and submit in writing a request for an
extension of time to the City Engineer stating at a minimum the probable
cause of the delay and the number of days being requested. The time
extension request shall be submitted in accordance with the requirements
of Paragraph 2000-4.3, TIME IMPACT ANALYSIS.
b. If requested by the City Engineer, the Contractor shall promptly provide
sufficient information to the City Engineer to assess the cause or effect of
the alleged delay, or to determine if other concurrent delays affected the
work.
c. Weather Delays. The Contractor will be granted a non -compensable time
extension for weather caused delays.
Should the Contractor fail to fulfill any of the foregoing, which are considered
conditions precedent to the right to receive a time extension, the Contractor
waives the right to receive a time extension.
Should the Contractor fail to complete the work within the time specified in the
contract, as extended in accordance with this clause if appropriate, the
Contractor shall pay to the City liquidated damages in accordance with Section
1500, Paragraph 1500- 2.1, Liquidated Damages.
During such extension of time, neither extra compensation for engineering,
inspection and administration nor damages for delay will be charged to the
Contractor. It is understood and agreed by the Contractor and City that time
extensions due to unavoidable delays will be granted only if such unavoidable
delays involve controlling operations which would prevent completion of the
whole Work within the specified Contract time.
6.4.3 Indirect Overhead - The Contractor shall be reimbursed for indirect overhead
expenses for periods of time when the Work is stopped due to delays as defined
in Paragraph 1400-6.3.3, Unavoidable Delay. However, no reimbursement for
indirect overhead shall be made for delays as defined in Paragraphs 1400-
6.3.3.1, Abnormal Delays; 1400-6.4.2c, Weather Delays; or 1400-6.3.3.3,
Material Shortages.
General Conditions 1400-24
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 Temoorary Susoension 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 1400-6.6.2 above. Such additional work shall be compensated as
provided for in Paragraph 1400-7.0, CHANGES IN SCOPE OF WORK.
6.6 Termination of Contract
If at any time the Contractor is determined to be in material breach of the Contract,
notice thereof in writing will be served upon the Contractor and its sureties, and
should the Contractor neglect or refuse to provide means for a satisfactory
compliance with the Contract, as directed by the City Engineer, within the time
specified in such notice, the City shall have the authority to terminate the operation
of the Contract.
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 1400-7.3.2, Claims.
7.2 Differing Site Conditions
Pursuant to Public Contract Code Section 7104, the Contractor shall promptly, and
before such conditions are disturbed, notify the City Engineer in writing, of any:
a. Material that the Contractor believes may be material that is hazardous waste,
as defined in Section 25117 of the Health and Safety Code that is required to
be removed to a Class I, Class II, or Class III disposal site in accordance with
provisions of existing law.
b. Subsurface or latent physical conditions at the site differing from those
indicated.
C. Unknown physical conditions at the site of any unusual nature, differing
materially from those ordinarily encountered and generally recognized as
inherent in work of the character provided for in the Contract.
The City shall promptly, investigate the conditions, and if it finds that the conditions
do materially differ, or do involve hazardous waste, and cause a decrease or increase
in the Contractor's cost of, or the time required for, performance of any part of the
work the City shall cause to be issued a change order under the procedures provided
in Paragraph 1400-7.1, Change Orders.
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 1400-7.3, Resolution of Disputes.
No claim of the Contractor under this clause shall be allowed unless the Contractor
has given the notice required.
7.3 Resolution of Disputes
7.3.1 Contract Interpretation by the City Engineer - Questions regarding the
meaning and intent of the Contract Documents shall be referred in writing by
the Contractor to the City Engineer. The City Engineer shall respond to the
Contractor in writing with a decision.
7.3.2 Claims - Submission of a claim, properly certified, with all required
supporting documentation, and written rejection or denial of all or part of the
claim by the City, is a condition precedent to any action, proceeding, litigation,
suit or demand for arbitration by the Contractor.
7.3.2.1 Notice - If the Contractor disagrees with the City Engineer's decision in
Paragraph 1400-7.3.1, Contract Interpretation by the City Engineer, or in any
case where the Contractor deems additional compensation or a time extension
to the Contract period is due him for work or materials not covered in the
Contract or which the City Engineer has not recognized as extra work, the
Contractor shall notify the City Engineer, in writing, of his intention to make
claim. Claims pertaining to decisions provided in Paragraph 1400-7.3.1 shall
be filed in writing to the City Engineer within five (5) days of receipt of such
decision. All other claims notices for extra work shall be filed in writing to the
City Engineer prior to the commencement of such work. Written notice shall
use the words "Notice of Potential Claim". Such Notice of Potential Claim shall
state the circumstances and the reasons for the claim but need not state the
amount. Additionally, no claim for additional compensation or extension of time
for a delay will be considered unless the provisions of Paragraphs 1400-6.3,
Delays, and 6.4, Time Extensions, are complied with. No claim filed after the
date of final payment will be considered.
It is agreed that unless notice is properly given, the Contractor shall not recover
costs incurred by him as a result of the alleged extra work, changed work or
other situation which had proper notice been given would have given rise to a
right for additional compensation.
General Conditions 1400-29
The Contractor should understand that timely notice of potential claim is of great
importance to the City and is not merely a formality. Such notice allows the City
to consider preventative action, to monitor the Contractor's increased costs
resulting from the situation, to marshal facts, and to plan its affairs. Such notice
by the Contractor, and the fact that the City Engineer has kept account of the
cost as aforesaid, shall not in any way be construed as proving the validity of
the claim.
7.3.2.2 Submission of claim costs - Within 30 days after the last cost of work for
which the Contractor contends additional compensation is due, but if costs are
incurred over a span of more than 30 days, then within 15 days after the thirtieth
day and every month thereafter, the Contractor shall submit to the City Engineer
the costs incurred for the claimed matter. Claims shall be made in itemized
detail satisfactory to the City Engineer in content, detail and format of
presentation. If the additional costs are in any respect not knowable with
certainty, they shall be estimated. If the claim is found to be just, it shall be
allowed and paid for as provided in Section 1400-8.0, PROJECT
MODIFICATION PROCEDURES.
7.3.2.3 Affidavit required - All claims submitted to the City shall be accompanied
with a type written affidavit containing the following language; it must be signed,
dated, and notarized on the Contractor's letterhead:
I, (must be an officer) , being the title of (contractor's name,) ,
declare under penalty of perjury under the laws of the state of California,
and do personally certify and attest that: I have thoroughly reviewed the
attached claim for additional compensation and/or extension of time, and
know its contents, and said claim is made in good faith; the supporting data
is truthful and accurate; the amount requested accurately reflects the
contract adjustment for which the contractor believes the City of La Quinta
is liable; and further, that I am familiar with California Penal Code Section
72 and California Government Code Section 12560, Et Seq, pertaining to
false claims, and further know and understand that submission or
certification of a false claim may lead to fines, imprisonment and/or other
severe legal consequences.
7.3.2.4 Claim meetings - From time to time the City Engineer may call special
meetings to discuss outstanding claims. The Contractor shall cooperate and
attend, prepared to discuss outstanding claims, making available the personnel
necessary for claim resolution, and providing documents reasonably requested
by the City Engineer.
General Conditions 1400-30
7.3.3 Resolution of Claims - For all contracts awarded during the effective
dates of Public Contract Code Section 20104, where claims cannot be resolved
between the parties, claims for three hundred and seventy-five thousand dollars
($375,000) or less shall be resolved pursuant to the provisions of that code
section, which is summarized in Paragraphs 1400-7.3.3.1 to 1400-7.3.3.5. For
claims greater than three hundred and seventy-five thousand dollars ($375,000)
Paragraphs 1400-7.3.3.2 to 1400-7.3.3.4 are applicable; however, Paragraph
1400-7.3.3.5, Civil Actions for claims less than $375,000, is not applicable.
7.3.3.1 Claims Less Than $50,000
a. For claims of less than fifty thousand dollars ($50,000), the City Engineer
shall respond in writing to written claims within 45 days of receipt of the
claim in Paragraph 1400-7.3.2, Claims, or may request, in writing, within
30 days of receipt of the claim, any additional documentation supporting
the claim or relating to defenses or claims the City may have against the
Contractor.
b. If additional information is thereafter required, it shall be requested and
provided pursuant to this section, upon mutual agreement of the City and
the Contractor.
C. The City Engineer's written response to the claim, as further documented,
shall be submitted to the Contractor within 15 days after receipt of the
further documentation or within a period of time no greater than that taken
by the Contractor in producing the additional information, whichever is
greater.
7.3.3.2 Claims Greater Than $50,000
a. For claims of over fifty thousand dollars ($50,000), the City Engineer shall
respond in writing to all written claims within 60 days of receipt of the claim
in Paragraph 1400-7.3.2, Claims, or may request, in writing, within 30 days
of receipt of the claim, any additional documentation supporting the claim
or relating to defenses or claims the City may have against the Contractor.
b. If additional information is thereafter required, it shall be requested and
provided pursuant to this paragraph, upon mutual agreement of the City
and the Contractor.
C. The City Engineer's written response to the claim, as further documented,
shall be submitted to the Contractor within 30 days after receipt of the
further documentation, or within a period of time no greater than that taken
by the Contractor in producing the additional information or requested
documentation, whichever is greater.
General Conditions 1400-31
7.3.3.3 Claim Conference - If the Contractor disputes the City Engineer's written
response, or if the City Engineer fails to respond within the time prescribed, the
Contractor may so notify the City, in writing, either within 15 days of receipt of
the City Engineer's response or within 15 days of the City Engineer's failure to
respond within the time prescribed, respectively, and demand an informal
conference to meet and confer for settlement of the issues in dispute. Upon a
demand, the City shall schedule a meet and conference within 30 days for
settlement of the dispute.
7.3.3.4 Claim Filing - If the claim or any portion remains in dispute after the claim
conference noted in Paragraph 1400-7.3.3.4, Claim Conference, the Contractor
may file a claim pursuant to Chapter 1 (commencing with Section 900) and
Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of
the Government Code. For purposes of those provisions, the running of the
period of time within which a claim must be filed shall be tolled from the time the
Contractor submits his or her written claim pursuant to Paragraph 1400-7.3.2,
Claims, until the time the claim is denied, including any period of time utilized
in the meet and confer process.
7.3.3.5 Civil Actions for Claims Less Than $375,000 - The following procedures are
established for all civil actions filed to resolve claims for less than three hundred
seventy-five thousand dollars ($375,000):
a. Within 60 days, but no earlier than 30 days, following the filing or
responsive pleading, the court shall submit the matter to non-binding
mediation unless waived by mutual stipulation of both parties. The
mediation process shall provide for the selection within 15 days by both
parties of a disinterested third person as mediator, shall be commenced
within 30 days of the submittal, and shall be concluded within 15 days
from the commencement of the mediation unless a time requirement is
extended upon a good cause showing to the court.
b. If the matter remains in dispute, the case shall be submitted to judicial
arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of
Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section
1141.11 of that Code. The Civil Discovery Act of 1986 (Article 3
(commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the
Code of Civil Procedure) shall apply to any proceeding brought under this
subdivision consistent with the rules pertaining to judicial arbitration.
C. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of
Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible,
be experienced in construction law, and (B) any party appealing an
arbitration award who does not obtain a more favorable judgement shall,
in addition to payment of costs and fees under the chapter, also pay the
attorney's fees on appeal of the other party.
General Conditions 1400-32
7.3.3.6 Unresolved Issues - Unless this Contract provides otherwise, all claims,
counterclaims, disputes, and other matters in question between the City and the
Contractor that are not resolved between the City and the Contractor and are
not governed by Public Contract Code 20104 shall be decided by a court of
competent jurisdiction. Arbitration shall not be used for resolution of these
disputes.
Should either party to this Contract bring legal action against the other, the case
shall be handled in the California county where the work is being performed.
7.3.4 Records of Disputed Work - In proceeding with a disputed portion of the
Work, the Contractor shall keep accurate records of its costs and shall make
available, to the City Engineer, a daily summary of the hours and classification
of equipment and labor utilized on the disputed work, as well as a summary of
any materials or any specialized services which are used. Such information
shall be submitted to the City Engineer on a monthly basis, receipt of which shall
not be construed as an authorization for or acceptance of the disputed work.
8.0 PROJECT MODIFICATION PROCEDURES
8.1 Changes in Contract Price
Whenever corrections, alterations, or modifications of the work under this Contract
are ordered by the City Engineer and approved by the City and increase the amount
of work to be done, such added work shall be known as extra work; and when such
corrections, alterations, or modifications decrease the amount of work to be done,
such subtracted work shall be known as work omitted.
The difference in cost of the work affected by such change will be added to or
deducted from the amount of said Contract price, as the case may be, by a fair and
reasonable valuation, which shall be determined in one or more of the following ways
as directed by the City Engineer:
a. By unit prices subsequently fixed by agreement between the parties;
b. By an acceptable lump sum proposal from the Contractor; or
C. By Force Account (as described in Paragraph 1400-8.3, Force Account
Payment), when directed in writing and administered by the City through its
agents.
When required by the City Engineer, the Contractor shall submit, in the form
prescribed by the City Engineer, an itemized breakdown with supporting data of the
quantities and prices used in computing the value of any change that may be ordered.
General Conditions 1400-33
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 1400-8.1 b and 8.1 c above, the Contractor
shall submit substantiating documentation with an itemized breakdown of Contractor
and subcontractor direct costs, including labor, material, equipment rentals, and
approved services, pertaining to such ordered work in the form and detail acceptable
to the City Engineer. The direct costs shall include only the payroll cost for workers
and foremen, including wages, fringe benefits as established by negotiated labor
agreements or state prevailing wages, workers' compensation and labor insurance,
and labor taxes as established by law. No other fixed labor burdens will be
considered, unless approved in writing by the City Engineer; the cost of materials
used and equipment delivered and installed in such work as substantiated by
appropriate documents; the cost of construction machinery and equipment based on
fair rental or ownership values acceptable to the City Engineer as described in
Paragraph 1400-8.3, Force Account Payment; and the cost of incidentals directly
related to such work. The direct costs shall not include any labor or office costs
pertaining to the Contractor's managers or superintendents, his office and
engineering staff and office facilities, or anyone not directly employed on such work,
nor the cost of rental of small tools as all such indirect costs form a part of the
Contractor's overhead expense.
Under the method described in Paragraph 1400-8.1b and 8.1c the maximum
percentage which will be allowed for the Contractor's combined overhead and profit
will be:
a. For work by its own organization, the Contractor may add the following
percentages:
• Direct Labor 25 percent
• Materials 15 percent
• Equipment (owned or rented) 15 percent
General Conditions 1400-34
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.
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.
General Conditions 1400-35
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 sub tier -subcontractor, the subcontractor may add to the
total of the actual costs and fixed fees allowed under the preceding paragraph an
additional fixed fee of five (5) percent of said total. No further compensation will be
allowed for the subcontractor's administration of the work performed by the sub tier -
subcontractor. The Contractor may add to the total of the actual costs and fixed fees
allowed under this paragraph an additional fixed fee of five (5) percent of said total.
No further compensation will be allowed for the Contractor's administration of the
work performed by the subcontractor.
The added fixed fees shall be considered to be full compensation, covering the cost
of general supervision, overhead, profit, and any other general expense. The above
fixed fees represent the maximum limits which will be allowed, and they include the
Contractor's and all subcontractors' indirect home office expenses and all costs for
cost proposal preparation and record keeping.
The City reserves the right to furnish such materials and equipment as it deems
expedient, and the Contractor shall have no claim for profit or added fees on the cost
of such materials and equipment.
General Conditions 1400-36
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 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.
General Conditions 1400-37
When both additions and credits are involved in any one change, the combined
overhead and profit shall be figured on the basis of the net increase, if any. The
amount of credit to be allowed by the Contractor to the City for any such change
which results in a net decrease in cost will be the amount of the actual net decrease
and a credit in accordance with the markups allowed under the use of the method
described in this Paragraph. The Contractor shall not claim for anticipated profits on
work that may be omitted.
8.4 Time Extensions for Change Orders
If the Contractor requests a time extension for the extra work necessitated by a
proposed Change Order, the request must comply with the applicable requirements
within Section 2000, Special Provisions, Paragraph 4.3 Time Impact Analysis.
9.0 PAYMENT
9.1 Scope of Payment
9.1.1 General - The Contractor shall accept the compensation, as herein
provided, as full payment for furnishing all labor, materials, tools, equipment,
and incidentals necessary for completing the Work according to the Contract
Documents, and no additional compensation will be allowed therefor. Neither
the payment of any partial payment estimate nor of any retained percentage
shall relieve the Contractor of any obligation to make good any defective work
or material.
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 1400-38
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 1400-39
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 1400-40
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
n
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Payments due the City from the Contractor.
Reduction of Contract Amount because of modifications.
The Contractor's neglect or unsatisfactory prosecution of the work
including failure to clean up.
Provisions of law that enable or require the City to withhold such payments
in whole or in part.
General Conditions 1400-41
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 priorjudicial 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 1400-42
Following completion of the corrective work by the Contractor, the City Engineer shall
notify the City that the Work has been completed in accordance with the Contract.
Final determination of the acceptability of the Work shall be made by the City. After
completion of the work, but prior to its acceptance by the City, the last partial payment
will be made to the Contractor in accordance with Paragraph 1400-9.2, Partial
Payments.
After receipt of the last partial payment, but prior to acceptance of the Work by the
City, the Contractor shall send a letter to the City Engineer. The letter, pursuant to
California Public Contract Code Section 7100, shall state that acceptance of the final
payment described below shall operate as and shall be, a release to the City, its
consultants, the City Engineer, and their duly authorized agents, from all claim of
and/or liability to the Contract arising by virtue of the Contract related to those
amounts. Disputed Contract claims in stated amounts previously filed as provided in
Paragraph 1400-7.3.2, Claims, may be specifically excluded by the Contractor from
the operation of the release. Following receipt of all required Submittals and the City
Engineer's written statement that construction is complete and recommendation that
the City accept the project, the City will take formal action on acceptance.
Within ten (10) days of the acceptance by the City of the completed work embraced
in the Contract, the City will cause to be recorded in the office of the County Recorder
a Notice of Completion.
After thirty-five (35) days after recording Notice of Completion of the work involved in
the Contract, the City will pay the Contractor in lawful money such sums of money as
may be due the Contractor including all sums retained but excluding such sums as
have previously been paid the Contractor. This payment will constitute the final
payment to the Contractor under this Contract.
9.7 Warranty of Title
No material, supplies, or equipment for the work under this Contract shall be
purchased subject to any chattel mortgage, security agreement, or under a
conditional sale or other agreement by which an interest therein or any part thereof
is retained by the seller or supplier. The Contractor warrants good title to all material,
supplies, and equipment installed or incorporated in the work and agrees upon
completion of all work to deliver the premises, together with all improvements and
appurtenances constructed or placed thereon by the Contractor, free from any claim,
liens, security interest, or charges, and further agrees that neither the Contractor nor
any person, firm, or corporation furnishing any materials or labor for any work covered
by this Contract shall have any right to a lien upon the premises or any improvement
or appurtenances thereon.
END OF SECTION
General Conditions 1400-43
SECTION 1500
SUPPLEMENTAL GENERAL CONDITIONS
1.0 CITY ENGINEER
The City Engineer for the City of La Quinta is:
Bryan McKinney, P.E.
Public Works Director/City Engineer
78-495 Calle Tampico
La Quinta, CA 92253
Phone: (760) 777-7045
2.0 CONSULTANTS
2.1 Design Engineer
Lorissa Gruehl, P.E.
NAI Consulting
68-995 Adelina Road
Cathedral City, CA 92234
(760) 323-5344
2.2 Materials Testing
Materials testing for this project will be provided by the City. The City inspector will notify
the Contractor when materials will be tested. However, testing may be random as
determined by City.
2.3 Survey
Not applicable. If survey is needed for this project, it will be provided by the City.
The Contractor's requests for surveying shall be made to the Engineer a minimum of forty-
eight (48) hours prior to the time requested for said work. All requests for survey work shall
be approved by the City prior to issue of survey request.
If construction staking is provided and subsequently removed whether accidentally or
otherwise, or the contractor desires additional staking from the above sets, the Contractor
will be charged for re -staking at a fee of $245.00 per hour (4 -hour minimum).
Supplemental General Conditions 1500-1
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 $1,000 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.
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
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.
Supplemental General Conditions 1500-2
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.
2. Review of Submittals
A. Submittals shall be a communication aid between Contractor and the
Engineer by which interpretation of Contract Documents requirements
may be confirmed in advance of construction.
1. Reviews by Engineer and other design professionals shall be
only for general conformance with the design concept of the
Project and general compliance with the Drawings and
Specifications.
2. Engineer will review submittals as originally submitted and the
first resubmission. Costs for additional reviews shall be
reimbursed by Contractor to Owner by deductive Change Order.
3. All submittals shall be approved by the Engineer and/or City
prior to installation
3. Required Submittals (May include but are not limited to):
A. Traffic Control
B. Schedule
C. Concrete Mix Design
D. Truncated Dome Cut Sheet
E. Material Certifications
F. Asphalt Mix Design
G. Striping / Pavement Markers
H. Sign Posts
I. Signs
END OF SECTION
Supplemental General Conditions 1500-3
County of Riverside
Housing &Workforce Solutions (HWS)
SPECIAL FEDERAL PROVISIONS
CONSTRUCTION BID DOCUMENT
Projects Less Than $200,000
Community Development Block Grant
Construction Activities
Last Date of Revision: January 2024
Special Federal Provisions 1550-1
SPECIAL FEDERAL PROVISIONS
DOCUMENT INDEX
General Information
1. General Summary
2. Hold Harmless Clause and Additional Insured -Insurance Requirements
3. B-1 Federal Labor Standards Provisions (HUD 4010)
4. B-2 Federal Prevailing Wage Decision (CA20240025 Mod.2)
5. B-3 Project Sign (SAMPLE)
6. Additional Federal Requirements
Bid Forms
7. B-4 Certification of Bidder Regarding Non -Segregated Facilities (Required for all Projects)
8. B-7 Bidder's Certification on Federal Contract Requirements (Required for all Projects)
9. B-8 Questionnaire Regarding Bidders (Required for all Projects)
10. B-9 List of Subcontractors and Suppliers (Required for all Projects)
Post -Award Forms
11. PA -1 Performance Bond (100% of contract price) (Required for Projects $100,000 or more)
12. PA -2 Payment Bond (Required for Projects $100,000 or more)
13. PA -3 Subcontractor Questionnaire (Required for all Projects)
14. PA -4 Subcontractor Certification Regarding Non -segregated Facilities (Required for all
Projects)
15. PA -6 Davis -Bacon Classifications and Pay Rates (Required for all Projects)
Special Federal Provisions 1550-2
GENERAL SUMMARY
The following Federal Provisions and the attached exhibits herewith become binding on the
contractor(s) and incorporated in the Bid Document in their entirety.
1. The Contractor and the Subcontractor(s) shall perform all work in accordance with the
project plans and specifications, including all stipulations designed to meet diversified
Federal Environmental Architectural, the Architectural Barriers Act of 1968, as amended; the
Americans with Disabilities Act of 1990, Public Law 101-336, as amended.
2. The Contractor and the Subcontractor(s) shall allow all authorized Federal, State
Comptroller, and/or County officials access to the work area, fiscal, payroll, materials and
other relevant contract records which are directly pertinent to that specific contract for the
purpose of making audit, examination, excerpts, and transcriptions. All relevant records must
be retained for at least four years.
3. The Contractor and the Subcontractor(s) shall comply with the Lead Based Paint Poisoning
Prevention Act and the Implementation Regulations (24 CFR 35) issued pursuant thereto
and any amendments thereof.
4. The Contractor and the Subcontractor(s) shall comply with Section 503 of the Rehabilitation
Act of 1973 (P.L. 93-112) and the Implementation Regulations (41 CFR 60-741) issued
pursuant thereto and any amendments thereof.
5. The Contractor and the Subcontractor(s) shall comply with Section 40-2, Vietnam Era
Veterans Adjustment Assistance Act of 1974 and the Implementation Regulations (41 CFR
60-250) issued pursuant thereto and any amendment thereof.
6. The Contractor and the Subcontractor(s) shall comply with the Title IV of the Civil Rights Act
of 1964 and the Title VIII of the Civil Rights Act of 1963 and any amendment thereof.
7. For projects $100,000 or over, the Contractor and the Subcontractor(s) shall comply with
Clean Air Act of 1963 (P.L. 90-148) and the Federal Water Pollution Act (P.L. 92-500), as
amended and all applicable standards or regulations (40 CFR Part 15 and 61) issued
pursuant to the said acts.
8. For projects $2,000 or over, the Contractor and the Subcontractor(s) shall comply with the
Davis -Bacon Fair Labor Standards Act (40 USC a-276 a-5), and the implementation
regulations issued pursuant thereto (29 CFR Section 1, 5) and any amendments thereof.
Pursuant to the said regulations, Exhibit B-1 and B-2 entitled "Federal Labor Standards
Provisions" and "Federal Prevailing Wage Decision" respectively are herewith attached.
9. The Contractor and Subcontractor(s) shall comply with the Copeland Anti Kickback Act (40
USC 276 C) and the Implementation regulations (29 CFR 3) issued pursuant thereto and
any amendments thereof. Exhibit B-1 contains the key provisions of the said act.
Special Federal Provisions 1550-3
10. For construction projects $2,000 or over, or other projects $2,500 or more which utilize
mechanics or laborers the Contractor and the Subcontractor(s) shall comply with the
Contract Work Hours and Safety Standards Act (40 USC 327-332) and the Implementation
Regulations (29 CFR 5) issued pursuant thereto and any amendments thereof. Exhibit 113-
1 contains the key provisions of the said act.
11. For projects $25,000 or over the Contractor shall provide one sign board to be located as
directed by the owner. The sign board shall be mounted in an acceptable manner and
constructed as shown and specified in Exhibit B-3. Additional information can be added to
the project sign at the request of the project sponsor.
12. The Contractor shall comply with all laws, ordinances, and regulations applicable to the work.
If the Contractor ascertains at any time that any of the requirements of the contract are at
variance with applicable law, ordinances, regulations or building code requirements, he shall
promptly notify the owner and the Executive Director of Riverside County's Department of
Housing & Workforce Solutions and shall not proceed with the work in question, except at
his own risk, until the owner and the said Director has had an opportunity to determine the
extent of the responsibility for the variance and the appropriate corrective actions
undertaken.
13. The Contractor must complete and execute the attached Certification of Bidder Regarding
Segregated Facilities Exhibit B-4 and submit with the bid.
14. Wherever applicable, the Contractor and the Subcontractor(s) shall comply with, Uniform
Administrative Requirements for Grants and Cooperative Agreements to State, Local and
Federally Recognized Indian Tribal Governments, 24 CFR Part 85 or Uniform Requirements
for Assistance to State and Local Governments, Circular A-102; Whichever is applicable.
15. For projects $100,000 or over the Contractor shall furnish to the owner, a Performance bond,
a Payment bond, and Materials Bond executed as surety by a corporation acceptable to the
owner and authorized to issue surety bonds in the State of California. Such a performance
bond and a payment bond and materials bond shall be for one hundred percent (100%) of
the total contract price. (Attached herewith are recommended formats for said bonds,
Exhibits PA -1 and PA -2.
16. The Contractor and the Subcontractor(s) shall comply with Section 3 of The Housing and
Community Development Act of 1968 and the regulations (24 CFR Part 75) issued pursuant
thereto and amendments thereof. Pursuant to the said act, the Contractor and the
Subcontractor(s) shall comply with the attached County of Riverside Section 3
Implementation Plan Exhibits B-5, B-6, and PA -6. The Contractor and Sub-contractor(s)
must submit Exhibit B-6, for all projects over $200,000, as part of the bid package.
17. The Contractor and Sub-contractor(s) must submit the attached, Exhibit B-8, certification
that "he/she fully understands the diversified Federal requirements imposed on the
Contractor(s) and Sub-contractor(s) of HUD funded construction projects", as part of the bid
package.
Special Federal Provisions 1550-4
18. Wherever applicable, the Contractor and the Sub-contractor(s) shall comply with Section
109 of The Housing and Community Development Act of 1974 and the Implementation
Regulations (24 CFR 570.601) issued pursuant thereto and any amendments thereof.
19. For projects $100,000 or over the Contractor shall submit a Bid Guarantee Bond in an
amount no less than 5% of the total contract price, along with the bid.
20. The Contractor and Sub-contractor(s) shall comply with the Section 3 Reporting
Requirements by completing the attachment Exhibit B-7 entitled, "Certification for Section
3 Compliance," and submit with bid for all projects $200,000 and over.
21. Federal Employee Benefit Clause: No member of or delegate to the congress of the United
States, and no Resident Commissioner shall be admitted to any share or part of this
agreement or to any benefit to arise from the same.
22. The Contractor must submit Questionnaire Regarding Bidders Exhibit B-9 and List of
Sub -contractors Exhibit B-10 as part of the bid package. These forms are considered
part of the Federal Contracting Requirements and are included in the bid document. Both
documents are required to be completed by the Prime Contractor.
23. The Contractor shall follow mandatory standards and policies relating to energy efficiency
which are contained in the state energy conservation plan issued in compliance with the
Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). [ 53 FR 8068,8087,
Mar. 11, 1988, as amended at 60 FR 19639,19642, April 19, 1995]
24. Contractor must comply with awarding agency (HUD) requirements and regulations
pertaining to copyrights and rights in data.
25. Contractor will comply with Notice of awarding agency requirements and regulations
pertaining to patent rights with respect to any discovery or invention which arises or is
developed in the course of or under such contract.
26. Contractor will comply with notice of awarding agency requirements and regulations
pertaining to reporting.
Special Federal Provisions 1550-5
HOLD HARMLESS CLAUSE/INSURANCE REQUIREMENTS
The following County of Riverside Hold Harmless and Insurance provisions herewith become
binding on the contractor(s) in their entirety.
HOLD HARMLESS/INDEMNIFICATION
CONTRACTOR shall indemnify and hold harmless the County of Riverside, its Agencies,
Districts, Special Districts and Departments, their respective directors, officers, Board of
Supervisors, elected and appointed officials, employees, agents and representatives (individually
and collectively hereinafter referred to as Indemnitees) from any liability whatsoever, based or
asserted upon any services of CONTRACTOR, its officers, employees, subcontractors, agents
or representatives arising out of or in any way relating to this Agreement, including but not limited
to property damage, bodily injury, or death or any other element of any kind or nature whatsoever
arising from the performance of CONTRACTOR, its officers, employees, subcontractors, agents
or representatives Indemnitors from this Agreement. CONTRACTOR shall defend, at its sole
expense, all costs and fees including, but not limited, to attorney fees, cost of investigation,
defense and settlements or awards, the Indemnitees in any claim or action based upon such
alleged acts or omissions.
With respect to any action or claim subject to indemnification herein by CONTRACTOR,
CONTRACTOR shall, at their sole cost, have the right to use counsel of their own choice and
shall have the right to adjust, settle, or compromise any such action or claim without the prior
consent of COUNTY; provided, however, that any such adjustment, settlement or compromise in
no manner whatsoever limits or circumscribes CONTRACTOR'S indemnification to Indemnitees
as set forth herein.
CONTRACTOR'S obligation hereunder shall be satisfied when CONTRACTOR has provided to
COUNTY the appropriate form of dismissal relieving COUNTY from any liability for the action or
claim involved. The specified insurance limits required in this Agreement shall in no way limit or
circumscribe CONTRACTOR'S obligations to indemnify and hold harmless the Indemnitees
herein from third party claims. In the event there is conflict between this clause and California
Civil Code Section 2782, this clause shall be interpreted to comply with Civil Code 2782. Such
interpretation shall not relieve the CONTRACTOR from indemnifying the Indemnitees to the
fullest extent allowed by law.
INSURANCE
Without limiting or diminishing the CONTRACTOR'S obligation to indemnify or hold the COUNTY
harmless, CONTRACTOR shall procure and maintain or cause to be maintained, at its sole cost
and expense, the following insurance coverage's during the term of this Agreement. As respects
to the insurance section only, the COUNTY herein refers to the County of Riverside, its Agencies,
Districts, Special Districts, and Departments, their respective directors, officers, Board of
Supervisors, employees, elected or appointed officials, agents or representatives as Additional
Insureds.
A. Workers' Compensation:
If the CONTRACTOR has employees as defined by the State of California, the CONTRACTOR
shall maintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the
laws of the State of California. Policy shall include Employers' Liability (Coverage B) including
Occupational Disease with limits not less than $1,000,000 per person per accident. The policy
shall be endorsed to waive subrogation in favor of The County of Riverside.
Special Federal Provisions 1550-6
B. Commercial General Liability:
Commercial General Liability insurance coverage, including but not limited to, premises liability,
unmodified contractual liability, products and completed operations liability, personal and
advertising injury, and cross liability coverage, covering claims which may arise from or out of
CONTRACTOR'S performance of its obligations hereunder. Policy shall name the COUNTY as
Additional Insured. Policy's limit of liability shall not be less than $1,000,000 per occurrence
combined single limit. If such insurance contains a general aggregate limit, it shall apply
separately to this agreement or be no less than two (2) times the occurrence limit.
C. Vehicle Liability:
If vehicles or mobile equipment are used in the performance of the obligations under this
Agreement, then CONTRACTOR shall maintain liability insurance for all owned, non -owned or
hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single
limit. If such insurance contains a general aggregate limit, it shall apply separately to this
agreement or be no less than two (2) times the occurrence limit. Policy shall name the COUNTY
as Additional Insureds.
D. Professional Liability
(ONLY TO BE INCLUDED IN CONTRACTS WITH SERVICE PROVIDERS INCLUDING BUT
NOT LIMITED TO ENGINEERS, DOCTORS, AND LAWYERS) Contractor shall maintain
Professional Liability Insurance providing coverage for the Contractor's performance of work
included within this Agreement, with a limit of liability of not less than $1,000,000 per occurrence
and $2,000,000 annual aggregate. If Contractor's Professional Liability Insurance is written on
a claims made basis rather than an occurrence basis, such insurance shall continue through the
term of this Agreement and CONTRACTOR shall purchase at his sole expense either 1) an
Extended Reporting Endorsement (also, known as Tail Coverage); or 2) Prior Dates Coverage
from new insurer with a retroactive date back to the date of, or prior to, the inception of this
Agreement; or 3) demonstrate through Certificates of Insurance that Contractor has Maintained
continuous coverage with the same or original insurer. Coverage provided under items; 1), 2) or
3) will continue for a period of five (5) years beyond the termination of this Agreement.
E. General Insurance Provisions- All Lines:
a) Any insurance carrier providing insurance coverage hereunder shall be admitted to the
State of California and have an A M BEST rating of not less than A: VIII (A:8) unless such
requirements are waived, in writing, by the County Risk Manager. If the County's Risk Manager
waives a requirement for a particular insurer such waiver is only valid for that specific insurer
and only for one policy term.
b) The Contractor's insurance carrier(s) must declare its insurance deductibles or self-
insured retentions. If such deductibles or self-insured retentions exceed $500,000 per
occurrence such deductibles and/or retentions shall have the prior written consent of the County
Risk Manager before the commencement of operations under this Agreement. Upon notification
of deductibles or self insured retention's unacceptable to the County, and at the election of the
Country's Risk Manager, Contractor's carriers shall either; 1) reduce or eliminate such
deductibles or self-insured retention's as respects this Agreement with the County, or 2) procure
a bond which guarantees payment of losses and related investigations, claims administration,
and defense costs and expenses.
c) Contractor shall cause Contractor's insurance carrier(s) to furnish the County of Riverside
with either 1) a properly executed original Certificate(s) of Insurance and certified original copies
of Endorsements effecting coverage as required herein, or 2) if requested to do so orally or in
writing by the County Risk Manager, provide original Certified copies of policies including all
Endorsements and all attachments thereto, showing such insurance is in full force and effect.
Special Federal Provisions 1550-7
Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance
carrier(s) that thirty (30) days written notice shall be given to the County of Riverside prior to any
material modification, cancellation, expiration or reduction in coverage of such insurance. In the
event of a material modification, cancellation, expiration, or reduction in coverage, this
Agreement shall terminate forthwith, unless the County of Riverside receives, prior to such
effective date, another properly executed original Certificate of Insurance and original copies of
endorsements or certified original policies, including all endorsements and attachments thereto
evidencing coverage's set forth herein and the insurance required herein is in full force and
effect. Contractor shall not commence operations until the County has been furnished original
Certificate (s) of Insurance and certified original copies of endorsements or policies of insurance
including all endorsements and any and all other attachments as required in this Section. An
individual authorized by the insurance carrier to do on its behalf shall sign the original
endorsements for each policy and the Certificate of Insurance.
d) It is understood and agreed to by the parties hereto and the insurance company(s), that
the Certificate(s) of Insurance and policies shall so covenant and shall be construed as primary
insurance, and the County's insurance and/or deductibles and/or self-insured retention's or self-
insured programs shall not be construed as contributory.
e) The County's Reserved Rights --Insurance. If, during the term of this Agreement or any
extension thereof, there is a material change in the scope of services; or, there is a material
change in the equipment to be used in the performance of the scope of work (such as the use
of aircraft or watercraft) the County reserves the right to adjust the types of insurance required
under this Agreement and the monetary limits of liability for the insurance coverage's currently
required herein, if; in the County Risk Manager's reasonable judgment, the amount or type of
insurance carried by the Contractor has become inadequate.
f) Contractor shall pass down the insurance obligations contained herein to all tiers of
subcontractors working under this Agreement.
g) The insurance requirements contained in this agreement may be met with a program(s)
of self-insurance acceptable to the County
Special Federal Provisions 1550-8
EXHIBIT B-1
HUD -4010 U.S. Department of Housing and Urban Development
Federal Labor Standards Provisions Office of Davis -Bacon and Labor Standards
A. APPLICABILITY
The Project or Program to which the construction work covered by this Contract pertains is being assisted
by the United States of America, and the following Federal Labor Standards Provisions are included in this
Contract pursuant to the provisions applicable to such Federal assistance.
1. Minimum wages and fringe benefits
i. All laborers and mechanics employed or working upon the site of the work (or otherwise working in
construction or development of the project under a development statute), will be paid unconditionally
and not less often than once a week, and without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under
the Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits
(or cash equivalents thereof) due at time of payment computed at rates not less than those contained
in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof,
regardless of any contractual relationship which may be alleged to exist between the contractor and
such laborers and mechanics. As provided in 29 CFR 5.5(d) and (e), the appropriate wage
determinations are effective by operation of law even if they have not been attached to the contract.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis -Bacon
Act (40 U.S.C. 3141(2)(8)) on behalf of laborers or mechanics are considered wages paid to such
laborers or mechanics, subject to the provisions of paragraph (a)(1)(v) of these contract clauses; also,
regular contributions made or costs incurred for more than a weekly period (but not less often than
quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to
be constructively made or incurred during such weekly period. Such laborers and mechanics must be
paid the appropriate wage rate and fringe benefits on the wage determination for the classification(s)
of work actually performed, without regard to skill, except as provided in 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 classifications and wage rates conformed under 29 CFR
5.5(a)(1)(iii)) and the Davis -Bacon poster (WH -1321) must be posted at all times by the contractor and
its subcontractors at the site of the work in a prominent and accessible place where it can be easily
seen by the workers.
ii. Frequently recurring classifications
A. In addition to wage and fringe benefit rates that have been determined to be prevailing under the
procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage
and fringe benefit rates for classifications of laborers and mechanics for which conformance requests
are regularly submitted pursuant to 29 CFR 5.5(a)(1)(iii), provided that:
1. The work performed by the classification is not performed by a classification in the wage
determination for which a prevailing wage rate has been determined;
2. The classification is used in the area by the construction industry; and
3. The wage rate for the classification bears a reasonable relationship to the prevailing wage rates
contained in the wage determination.
B. The Administrator will establish wage rates for such classifications in accordance with 29 CFR
5.5(a)(1)(iii)(A)(3). Work performed in such a classification must be paid at no less than the wage
and fringe benefit rate listed on the wage determination for such classification.
iii. Conformance
A. The contracting officer must require that any class of laborers or mechanics, including helpers, which
is not listed in the wage determination and which is to be employed under the contract be classified in
conformance with the wage determination. Conformance of an additional classification and wage rate
Special Federal Provisions 1550-9
iv
V
Vi
FYI-IIRIT R_9
and fringe benefits is appropriate only when the following criteria have been met:
1. The work to be performed by the classification requested is not performed by a classification in
the wage determination; and
2. The classification is used in the area by the construction industry; and
3. The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship
to the wage rates contained in the wage determination.
B. The conformance process may not be used to split, subdivide, or otherwise avoid application of
classifications listed in the wage determination.
C. If the contractor and the laborers and mechanics to be employed in the classification (if known), or
their representatives, and the contracting officer agree on the classification and wage rate
(including the amount designated for fringe benefits where appropriate), a report of the action
taken will be sent by the contracting officer by email to DBAconformance@dol.gov. The
Administrator, or an authorized representative, will approve, modify, or disapprove every
additional classification action within 30 days of receipt and so advise the contracting officer or will
notify the contracting officer within the 30—day period that additional time is necessary.
D. In the event the contractor, the laborers or mechanics to be employed in the classification or their
representatives, and the contracting officer do not agree on the proposed classification and wage
rate (including the amount designated for fringe benefits, where appropriate), the contracting
officer will, by email to DBAconformance@dol.gov, refer the questions, including the views of all
interested parties and the recommendation of the contracting officer, to the Administrator for
determination. The Administrator, or an authorized representative, will issue a determination
within 30 days of receipt and so advise the contracting officer or will notify the contracting officer
within the 30—day period that additional time is necessary.
E. The contracting officer must promptly notify the contractor of the action taken by the Wage and
Hour Division under 29 CFR 5.5 (a)(1)(iii)(C) and (D). The contractor must furnish a written copy of
such determination to each affected worker or it must be posted as a part of the wage
determination. The wage rate (including fringe benefits where appropriate) determined pursuant
to 29 CFR 5.5 (a)(1)(iii)(C) or (D) must be paid to all workers performing work in the classification
under this contract from the first day on which work is performed in the classification.
Fringe benefits not expressed as an hourly rate
Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics
includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the
benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly
cash equivalent thereof.
Unfunded plans
If the contractor does not make payments to a trustee or other third person, the contractor may
consider as part of the wages of any laborer or mechanic the amount of any costs reasonably
anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary
of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth
in 29 CFR 5.28, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of
Labor may require the contractor to set aside in a separate account assets for the meeting of
obligations under the plan or program.
Interest In the event of a failure to pay all or part of the wages required by the contract, the contractor
will be required to pay interest on any underpayment of wages.
Special Federal Provisions 1550-10
FYI-IIRIT R_1
2. Withholding
i. Withholding requirements
The U. S. Department of Housing and Urban Development may, upon its own action, or must, upon
written request of an authorized representative of the Department of Labor, withhold or cause to be
withheld from the contractor so much of the accrued payments or advances as may be considered
necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of
wages and monetary relief, including interest, required by the clauses set forth in 29 CFR 5.5(a) for
violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or
federally assisted contract subject to Davis -Bacon labor standards, that is held by the same prime
contractor (as defined in 29 CFR 5.2). The necessary funds may be withheld from the contractor under
this contract, any other Federal contract with the same prime contractor, or any other federally
assisted contract that is subject to Davis -Bacon labor standards requirements and is held by the same
prime contractor, regardless of whether the other contract was awarded or assisted by the same
agency, and such funds may be used to satisfy the contractor liability for which the funds were
withheld. In the event of a contractor's failure to pay any laborer or mechanic, including any apprentice
or helper working on the site of the work (or otherwise working in construction or development of the
project under a development statute) all or part of the wages required by the contract, or upon the
contractor's failure to submit the required records as discussed in 29 CFR 5.5(a)(3)(iv), HUD may on its
own initiative and after written notice to the contractor, sponsor, applicant, owner, or other entity, as
the case may be, 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.
ii. Priority to withheld funds
The Department has priority to funds withheld or to be withheld in accordance with 29 CFR 5.5(a)(2)(i)
or (b)(3)(i), or both, over claims to those funds by:
A. A contractor's surety(ies), including without limitation performance bond sureties and payment
bond sureties;
B. A contracting agency for its reprocurement costs;
C. A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a
contractor, or a contractor's bankruptcy estate;
D. A contractor's assignee(s);
E. A contractor's successor(s); or
F. A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907.
3. Records and certified payrolls
L Basic record requirements
A. Length of record retention. All regular payrolls and other basic records must be maintained by the
contractor and any subcontractor during the course of the work and preserved for all laborers and
mechanics working at the site of the work (or otherwise working in construction or development of
the project under a development statute) for a period of at least 3 years after all the work on the
prime contract is completed.
B. Information required Such records must contain the name; Social Security number; last known
address, telephone number, and email address of each such worker; each worker's correct
classification(s) of work actually performed; hourly rates of wages paid (including rates of
contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the
types described in 40 U.S.C. 3141(2)(B) of the Davis -Bacon Act); daily and weekly number of hours
actually worked in total and on each covered contract; deductions made; and actual wages paid.
C. Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under 29
CFR 5.5(a)(1)(v) that the wages of any laborer or mechanic include the amount of any
Special Federal Provisions 1550-11
EXHIBIT B-1
costs reasonably anticipated in providing benefits under a plan or program described in 40
U.S.C. 3141(2)(B) of the Davis -Bacon Act, the contractor must maintain records which show
that the commitment to provide such benefits is enforceable, that the plan or program is
financially responsible, and that the plan or program has been communicated in writing to
the laborers or mechanics affected, and records which show the costs anticipated or the
actual cost incurred in providing such benefits.
D. Additional records relating to apprenticeship Contractors with apprentices working under
approved programs must maintain written evidence of the registration of apprenticeship
programs, the registration of the apprentices, and the ratios and wage rates prescribed in
the applicable programs.
ii. Certified payroll requirements
A. Frequency and method of submission The contractor or subcontractor must submit weekly,
for each week in which any DBA- or Related Acts -covered work is performed, certified
payrolls to HUD if the agency is a party to the contract, but if the agency is not such a party,
the contractor will submit the certified payrolls to the applicant, sponsor, owner, or other
entity, as the case may be, that maintains such records, for transmission to HUD. The prime
contractor is responsible for the submission of all certified payrolls by all subcontractors. A
contracting agency or prime contractor may permit or require contractors to submit certified
payrolls through an electronic system, as long as the electronic system requires a legally valid
electronic signature; the system allows the contractor, the contracting agency, and the
Department of Labor to access the certified payrolls upon request for at least 3 years after
the work on the prime contract has been completed; and the contracting agency or prime
contractor permits other methods of submission in situations where the contractor is unable
or limited in its ability to use or access the electronic system
B. Information required The certified payrolls submitted must set out accurately and
completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i)(B),
except that full Social Security numbers and last known addresses, telephone numbers, and
email addresses must not be included on weekly transmittals. Instead, the certified payrolls
need only include an individually identifying number for each worker (e.g., the last four digits
of the worker's Social Security number). The required weekly certified payroll information
may be submitted using Optional Form WH -347 or in any other format desired. Optional
Form WH -347 is available for this purpose from the Wage and Hour Division Web site at
https.11www.dol.gov/ sites/dolgov/files/WHD/legacy/files/wh347.pdf or its successor
website. It is not a violation of this section for a prime contractor to require a subcontractor
to provide full Social Security numbers and last known addresses, telephone numbers, and
email addresses to the prime contractor for its own records, without weekly submission by
the subcontractor to the sponsoring government agency (or the applicant, sponsor, owner,
or other entity, as the case may be, that maintains such records).
C. Statement of Compliance Each certified payroll submitted must be accompanied by a
"Statement of Compliance," signed by the contractor or subcontractor, or the contractor's
or subcontractor's agent who pays or supervises the payment of the persons working on the
contract, and must certify the following:
1. That the certified payroll for the payroll period contains the information required to be
provided under 29 CFR 5.5(a)(3)(ii), the appropriate information and basic records are
being maintained under 29 CFR 5.5 (a)(3)(i), and such information and records are
correct and complete;
2. That each laborer or mechanic (including each helper and apprentice) working on the
contract during the payroll period has been paid the full weekly wages earned, without
Special Federal Provisions 1550-12
FXHIRIT R-1
rebate, either directly or indirectly, and that no deductions have been made either
directly or indirectly from the full wages earned, other than permissible deductions as
set forth in 29 CFR part 3; and
3. That each laborer or mechanic has been paid not less than the applicable wage rates and
fringe benefits or cash equivalents for the classification(s) of work actually performed,
as specified in the applicable wage determination incorporated into the contract.
D. Use of Optional Form WH -347 The weekly submission of a properly executed certification
set forth on the reverse side of Optional Form WH -347 will satisfy the requirement for
submission of the "Statement of Compliance" required by 29 CFR 5.5(a)(3)(ii)(C).
E. Signature The signature by the contractor, subcontractor, or the contractor's or
subcontractor's agent must be an original handwritten signature or a legally valid electronic
signature.
F. Falsification The falsification of any of the above certifications may subject the contractor
or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729.
G. Length of certified payroll retention The contractor or subcontractor must preserve all
certified payrolls during the course of the work and for a period of 3 years after all the work
on the prime contract is completed.
iii. Contracts, subcontracts, and related documents The contractor or subcontractor must
maintain this contract or subcontract and related documents including, without limitation,
bids, proposals, amendments, modifications, and extensions. The contractor or
subcontractor must preserve these contracts, subcontracts, and related documents during
the course of the work and for a period of 3 years after all the work on the prime contract is
completed.
iv. Required disclosures and access
A. Required record disclosures and access to workers The contractor or subcontractor
must make the records required under 29 CFR 5.5(a)(3)(i)—(iii), and any other
documents that HUD or the Department of Labor deems necessary to determine
compliance with the labor standards provisions of any of the applicable statutes
referenced by 29 CFR 5.1, available for inspection, copying, or transcription by
authorized representatives of HUD or the Department of Labor, and must permit such
representatives to interview workers during working hours on the job.
B. Sanctions for non-compliance with records and worker access requirements If the
contractor or subcontractor fails to submit the required records or to make them
available, or refuses to permit worker interviews during working hours on the job, the
Federal agency may, after written notice to the contractor, sponsor, applicant, owner,
or other entity, as the case may be, that maintains such records or that employs such
workers, take such action as may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds. Furthermore, failure to submit the required
records upon request or to make such records available, or to permit worker interviews
during working hours on the job, may be grounds for debarment action pursuant to 29
CFR 5.12. In addition, any contractor or other person that fails to submit the required
records or make those records available to WHD within the time WHD requests that the
records be produced will be precluded from introducing as evidence in an
administrative proceeding under 29 CFR part 6 any of the required records that were
not provided or made available to WHD. WHD will take into consideration a reasonable
request from the contractor or person for an extension of the time for submission of
records. WHD will determine the reasonableness of the request and may consider,
among other things, the location of the records and the volume of production.
Special Federal Provisions 1550-13
FYI-IIRIT R_1
C. Required information disclosures Contractors and subcontractors must maintain the
full Social Security number and last known address, telephone number, and email
address of each covered worker, and must provide them upon request to HUD if the
agency is a party to the contract, or to the Wage and Hour Division of the Department
of Labor. If the Federal agency is not such a party to the contract, the contractor,
subcontractor, or both, must, upon request, provide the full Social Security number and
last known address, telephone number, and email address of each covered worker to
the applicant, sponsor, owner, or other entity, as the case may be, that maintains such
records, for transmission to HUD, the contractor, or the Wage and Hour Division of the
Department of Labor for purposes of an investigation or other compliance action.
4. Apprentices and equal employment opportunity
i. Apprentices
A. Rate of pay Apprentices will be permitted to work at less than the predetermined rate
for the work they perform when they are employed pursuant to and individually
registered in a bona fide apprenticeship program registered with the U.S. Department
of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or
with a State Apprenticeship Agency recognized by the OA. A person who is not
individually registered in the program, but who has been certified by the OA or a State
Apprenticeship Agency (where appropriate) to be eligible for probationary employment
as an apprentice, will be permitted to work at less than the predetermined rate for the
work they perform in the first 90 days of probationary employment as an apprentice in
such a program. In the event the OA or a State Apprenticeship Agency recognized by
the OA withdraws approval of an apprenticeship program, the contractor will no longer
be permitted to use apprentices at less than the applicable predetermined rate for the
work performed until an acceptable program is approved.
B. Fringe benefits Apprentices must be paid fringe benefits in accordance with the
provisions of the apprenticeship program. If the apprenticeship program does not
specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed
on the wage determination for the applicable classification. If the Administrator
determines that a different practice prevails for the applicable apprentice classification,
fringe benefits must be paid in accordance with that determination.
C. Apprenticeship ratio The allowable ratio of apprentices to journeyworkers on the job
site in any craft classification must not be greater than the ratio permitted to the
contractor as to the entire work force under the registered program or the ratio
applicable to the locality of the project pursuant to 29 CFR 5.5(a)(4)(i)(D). Any worker
listed on a payroll at an apprentice wage rate, who is not registered or otherwise
employed as stated in 29 CFR 5.5(a)(4)(i)(A), must be paid not less than the applicable
wage rate on the wage determination for the classification of work actually performed.
In addition, any apprentice performing work on the job site in excess of the ratio
permitted under this section must be paid not less than the applicable wage rate on the
wage determination for the work actually performed.
D. Reciprocity of ratios and wage rates Where a contractor is performing construction on
a project in a locality other than the locality in which its program is registered, the ratios
and wage rates (expressed in percentages of the journey worker's hourly rate)
applicable within the locality in which the construction is being performed must be
observed. If there is no applicable ratio or wage rate for the locality of the project, the
ratio and wage rate specified in the contractor's registered program must be observed.
ii. Equal employment opportunity The use of apprentices and journey workers under this part
Special Federal Provisions 1550-14
EXHIBIT B-1
must be in conformity with the equal employment opportunity requirements of Executive
Order 11246, as amended, and 29 CFR part 30.
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.
6. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses
contained in 29 CFR 5.5(a)(1) through (11), along with the applicable wage determinations) and
such other clauses or contract modifications as the U.S. Department of Housing and Urban
Development may by appropriate instructions require, and a clause requiring the subcontractors
to include these clauses and wage determinations) in any lower tier subcontracts. The prime
contractor is responsible for the compliance by any subcontractor or lower tier subcontractor
with all the contract clauses in this section. In the event of any violations of these clauses, the
prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and
monetary relief, including interest from the date of the underpayment or loss, due to any
workers of lower -tier subcontractors, and may be subject to debarment, as appropriate.
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.
9. Disputes concerning labor standards. 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.
i. By entering into this contract, the contractor certifies that neither it nor any person or firm
who has an interest in the contractor's firm is a person or firm ineligible to be awarded
Government contracts by virtue of 40 U.S.C. 3144(b) or 29 CFR 5.12(a).
ii. No part of this contract shall be subcontracted to any person or firm ineligible for award of a
Government contract by virtue of 40 U.S.C. 3144(b) or 29 CFR 5.12(a).
iii. The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and
Criminal Procedure, 18 U.S.C. 1001.
11 Anti -retaliation It is unlawful for any person to discharge, demote, intimidate, threaten,
restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any
person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any
other manner discriminate against, any worker or job applicant for:
i. Notifying any contractor of any conduct which the worker reasonably believes constitutes
a violation of the DBA, Related Acts, or 29 CFR parts 1, 3, or 5;
ii. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise
asserting or seeking to assert on behalf of themselves or others any right or protection
under the DBA, Related Acts, or 29 CFR parts 1, 3, or 5;
iii. Cooperating in any investigation or other compliance action, or testifying in any
proceeding under the DBA, Related Acts, or 29 CFR parts 1, 3, or 5; or
iv. Informing any other person about their rights under the DBA, Related Acts, or 29 CFR parts
1, 3, or 5.
B. Contract Work Hours and Safety Standards Act (CWHSSA)
Special Federal Provisions 1550-15
FYNIRIT R_1
The Agency Head must cause or require the contracting officer to insert the following clauses
set forth in 29 CFR 5.5(b)(1), (2), (3), (4), and (5) in full, or (for contracts covered by the Federal
Acquisition Regulation) by reference, in any 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 must be inserted in addition to the clauses required by 29 CFR 5.5(a) or 4.6. As used in
this paragraph, the terms "laborers and mechanics" include watchpersons and guards.
1. Overtime requirements. No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any workweek in which he or she is
employed on such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one-half times
the basic rate of pay for all hours worked in excess of forty hours in such workweek.
2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of
the clause set forth in 29 CFR 5.5(b)(1) the contractor and any subcontractor responsible
therefor shall be liable for the unpaid wages and interest from the date of the
underpayment. In addition, such contractor and subcontractor shall be liable to the United
States (in the case of work done under contract for the District of Columbia or a territory, to
such District or to such territory), for liquidated damages. Such liquidated damages shall be
computed with respect to each individual laborer or mechanic, including watchpersons and
guards, employed in violation of the clause set forth in 29 CFR 5.5(b)(1), in the sum of $31
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 29 CFR 5.5(b)(1).
3. Withholding for unpaid wages and liquidated damages
i. Withholding process The U.S Department of Housing and Urban Development or the
recipient of Federal assistance may, upon its own action, or must, upon written request of
an authorized representative of the Department of Labor, withhold or cause to be withheld
from the contractor so much of the accrued payments or advances as may be considered
necessary to satisfy the liabilities of the prime contractor or any subcontractor for any
unpaid wages; monetary relief, including interest; and liquidated damages required by the
clauses set forth in 29 CFR 5.5(b) on this contract, any other Federal contract with the same
prime contractor, or any other federally assisted contract subject to the Contract Work
Hours and Safety Standards Act that is held by the same prime contractor (as defined in 29
CFR 5.2). The necessary funds may be withheld from the contractor under this contract, any
other Federal contract with the same prime contractor, or any other federally assisted
contract that is subject to the Contract Work Hours and Safety Standards Act and is held by
the same prime contractor, regardless of whether the other contract was awarded or
assisted by the same agency, and such funds may be used to satisfy the contractor liability
for which the funds were withheld.
ii Priority to withheld funds The Department has priority to funds withheld or to be withheld
in accordance with 29 CFR 5.5(a)(2)(i) or (b)(3)(i), or both, over claims to those funds by:
A. A contractor's surety(ies), including without limitation performance bond sureties
and payment bond sureties;
B. A contracting agency for its reprocurement costs;
C. A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in
bankruptcy of a contractor, or a contractor's bankruptcy estate;
D. A contractor's assignee(s);
E. A contractor's successor(s); or
Special Federal Provisions 1550-16
EXHIBIT B-1
F. A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907.
4. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set
forth in 29 CFR 5.5(b)(1) through (5) and a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor is responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in 29 CFR 5.5(b)(1) through
(5). In the event of any violations of these clauses, the prime contractor and any subcontractor(s)
responsible will be liable for any unpaid wages and monetary relief, including interest from the
date of the underpayment or loss, due to any workers of lower -tier subcontractors, and
associated liquidated damages and may be subject to debarment, as appropriate.
5 Anti -retaliation It is unlawful for any person to discharge, demote, intimidate, threaten, restrain,
coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to
discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other
manner discriminate against, any worker or job applicant for:
L Notifying any contractor of any conduct which the worker reasonably believes constitutes
a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its
implementing regulations in 29 CFR part 5;
ii. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise
asserting or seeking to assert on behalf of themselves or others any right or protection
under CWHSSA or 29 CFR part 5;
iii. Cooperating in any investigation or other compliance action, or testifying in any
proceeding under CWHSSA or 29 CFR part 5; or
iv. Informing any other person about their rights under CWHSSA or 29 CFR part 5.
C. CWHSSA required records clause In addition to the clauses contained in 29 CFR 5.5(b), in any
contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the
other laws referenced by 29 CFR 5.1, the Agency Head must cause or require the contracting
officer to insert a clause requiring that the contractor or subcontractor must maintain regular
payrolls and other basic records during the course of the work and must preserve them for a
period of 3 years after all the work on the prime contract is completed for all laborers and
mechanics, including guards and watchpersons, working on the contract. Such records must
contain the name; last known address, telephone number, and email address; and social security
number of each such worker; each worker's correct classification(s) of work actually performed;
hourly rates of wages paid; daily and weekly number of hours actually worked; deductions made
and actual wages paid. Further, the Agency Head must cause or require the contracting officer
to insert in any such contract a clause providing that the records to be maintained under this
paragraph must be made available by the contractor or subcontractor for inspection, copying,
or transcription by authorized representatives of the (write the name of agency) and the
Department of Labor, and the contractor or subcontractor will permit such representatives to
interview workers during working hours on the job.
D. Incorporation of contract clauses and wage determinations by reference Although agencies are
required to insert the contract clauses set forth in this section, along with appropriate wage
determinations, in full into covered contracts, and contractors and subcontractors are required
to insert them in any lower -tier subcontracts, the incorporation by reference of the required
contract clauses and appropriate wage determinations will be given the same force and effect
as if they were inserted in full text.
E. Incorporation by operation of law The contract clauses set forth in this section (or their
equivalent under the Federal Acquisition Regulation), along with the correct wage
determinations, will be considered to be a part of every prime contract required by the
applicable statutes referenced by 29 CFR 5.1 to include such clauses, and will be effective by
Special Federal Provisions 1550-17
EXHIBIT B-1
operation of law, whether or not they are included or incorporated by reference into such
contract, unless the Administrator grants a variance, tolerance, or exemption from the
application of this paragraph. Where the clauses and applicable wage determinations are
effective by operation of law under this paragraph, the prime contractor must be compensated
for any resulting increase in wages in accordance with applicable law.
F. HEALTH AND SAFETY The provisions of this paragraph (F) are applicable where the amount of
the prime contract exceeds$100,000.
1. No laborer or mechanic shall be required to work in surroundings or under working conditions which
are unsanitary, hazardous, or dangerous to his or her health and safety, as determined under
construction safety and health standards promulgated by the Secretary of Labor by regulation.
2. The contractor shall comply with all regulations issued by the Secretary of Labor pursuant to 29 CFR
Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work
Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96), 40 U.S.C. § 3701 et seq.
3. The contractor shall include the provisions of this paragraph in every subcontract, so that such
provisions will be binding on each subcontractor. The contractor shall take such action with respect
to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor
shall direct as a means of enforcing such provisions.
Special Federal Provisions 1550-18
EXHIBIT R-2
FEDERAL PREVAILING WAGE DECISION
(CA20240025 mod. 2)
Insert most recent (10 days prior to bid opening) wage decision at this point.
LABOR STANDARDS REQUIREMENTS - PRECONSTRUCTION PHASE. A construction
project covered by Federal Labor Standards Provisions (HUD -4010) requires a series of
specific actions prior to the actual start of construction. Those actions are:
a. obtaining an applicable Davis -Bacon wage determination for the project;
b. including that wage determination (and any modifications) in the bid documents
where there is competitive bidding or in invitations for proposals; and
C. including appropriate labor standards provisions and the wage determination in the
construction contract.
CONSTRUCTION WAGE DETERMINATION - DEFINITION. All construction bid
documents and contracts, or analogous instruments covered by the Federal Labor
Standards Provisions (HUD -4010) must contain a current and applicable wage
determination issued by the Department of Labor. The term "wage determination" includes
the original decision and any subsequent decisions modifying, superseding, correcting, or
otherwise changing the provisions of the original decision.
Reference: Handbook 1344.1 Federal Labor Standards Compliance in Housing and
Community Development Programs', paragraph 2-1, section 1 paragraph 1-1.
OBTAINING WAGE DETERMINATIONS
The Riverside County Department of Housing & Workforce Solutions (HWS) will be
responsible to obtain and provide the appropriate Federal wage determination from the U.S.
Department of Labor (DOL) for this project. The appropriate wage determination will be the
most current determination, applicable for Riverside County and the construction type, that
is effective ten (10) days before the opening of bids. Wage determinations shall be effective
(locked -in) on the date that bids are opened provided that the contract is awarded within
90 days after bid opening. If the contract is awarded more than 90 days after bid opening,
the wage determination shall be updated as of the date of award. If construction starts more
than 90 days after contract award, the wage determination shall be updated as of the
construction start date.
Special Federal Provisions 1550-19
"General Decision Number: CA20240025 01/19/2024
Superseded General Decision Number: CA20230025
State: California
Construction Types: Building, Heavy (Heavy and Dredging) and
Highway
County: Riverside County in California.
BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not
include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does
not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS
Note: Contracts subject to the Davis -Bacon Act are generally
required to pay at least the applicable minimum wage rate
required under Executive Order 14026 or Executive Order 13658.
Please note that these Executive Orders apply to covered
contracts entered into by the federal government that are
subject to the Davis -Bacon Act itself, but do not apply to
contracts subject only to the Davis -Bacon Related Acts,
including those set forth at 29 CFR 5.1(a)(1).
Ilf the contract is entered Executive Order 14026
linto on or after January 30, generally applies to the
12022, or the contract is contract. I
lrenewed or extended (e.g., an 1. The contractor must pay
loption is exercised) on or I all covered workers at I
lafter January 30, 2022: 1 least $17.20 per hour (or I
the applicable wage rate
listed on this wage I
I I determination, if it is I
higher) for all hours I
I I spent performing on the I
I I contract in 2024. 1
Ilf the contract was awarded onl. Executive Order 13658 1
for between January 1, 2015 andl generally applies to the 1
1January 29, 2022, and the I contract. I
lcontract is not renewed or 1. The contractor must pay alll
Special Federal Provisions 1550-20
lextended on or after January I covered workers at least
130, 2022: 1 $12.90 per hour (or the 1
applicable wage rate listed)
on this wage determination,l
if it is higher) for all I
hours spent performing on l
that contract in 2024. 1
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
http://www.do1.gov/whd/govcontracts.
Modification Number Publication Date
0 01/05/2024
1 01/12/2024
2 01/19/2024
ASBE0005-002 09/01/2023
Rates Fringes
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
protective coverings,
coatings, and finishes to all
types of mechanical systems) ..... $ 49.58 25.27
Fire Stop Technician
(Application of Firestopping
Materials for wall openings
and penetrations in walls,
floors, ceilings and curtain
walls) ...........................$ 36.97 20.36
----------------------------------------------------------------
Special Federal Provisions 1550-21
ASBE0005-004 07/04/2022
Rates Fringes
Asbestos Removal
worker/hazardous material
handler (Includes
preparation, wetting,
stripping, removal,
scrapping, vacuuming, bagging
and disposing of all
insulation materials from
mechanical systems, whether
they contain asbestos or not) .... $ 23.52 13.37
-------------------------------------
BO I L0092-003 01/01/2024
Rates Fringes
BOILERMAKER ......................$ 51.98 42.11
---------------------------------------
* 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 ($3.00) above the
standard San Bernardino/Riverside County hourly wage rate
--------------------------------------
B RCA0018-004 06/01/2022
Rates Fringes
MARBLE FINISHER ..................$ 37.87 14.13
TILE FINISHER ....................$ 32.44 12.54
TILE LAYER .......................$ 45.05 18.33
--------------------------------------
BRCA0018-010 09/01/2022
Special Federal Provisions 1550-22
Rates Fringes
TERRAZZO FINISHER ................$ 38.37 14.13
TERRAZZO WORKER/SETTER ........... $ 46.49 14.66
-------------------------------------
CARP0213-001 07/01/2021
Rates Fringes
CARPENTER
(1) Carpenter, Cabinet
Installer, Insulation
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): $0.13 per hour additional.
-------------------------------------
CARP0213-002 07/01/2021
Rates Fringes
Special Federal Provisions 1550-23
Diver
(1) Wet .....................$ 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 01/01/2024
Rates Fringes
ELECTRICIAN
INSIDE ELECTRICIAN .......... $ 53.76 3%+27.50
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 $12.00 per
hour to the current wage scale. Zone (B) shall be the area
from the eastern perimeter of Zone (A) to a line which runs
north and south begininng at Little Morongo Canyon (San
Bernardino/Riverside County Line), Southeast along the
Coachella Tunnels, Colorado River Aqueduct and Mecca
Tunnels to Pinkham Wash then South to Box Canyon Road, then
southwest along Box Canyon Road to Highway 195 west onto
Special Federal Provisions 1550-24
195 south to Highway 86 to Riverside/Imperial County Line.
-------------------------------------
ELEC1245-001 06/01/2022
Rates Fringes
LINE CONSTRUCTION
(1) Lineman; Cable splicer..$ 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 01/01/2023
Rates Fringes
ELEVATOR MECHANIC ................$ 63.95 37.335+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.
-------------------------------------
ENG10012-003 07/01/2022
Special Federal Provisions 1550-25
Rates Fringes
OPERATOR: Power Equipment
(All Other Work)
GROUP 1 ....................$
51.90
30.70
GROUP 2 ....................$
52.68
30.70
GROUP 3 ....................$
52.97
30.70
GROUP 4 ....................$
54.46
30.70
GROUP 5 ....................$
48.96
25.25
GROUP 6 ....................$
54.68
30.70
GROUP 8 ....................$
54.79
30.70
GROUP 9 ....................$
49.29
25.25
GROUP 10 ....................$
54.91
30.70
GROUP 11 ....................$
49.41
25.25
GROUP 12 ....................$
55.08
30.70
GROUP 13 ....................$
55.18
30.70
GROUP 14 ....................$
55.21
30.70
GROUP 15 ....................$
55.29
30.70
GROUP 16 ....................$
55.41
30.70
GROUP 17 ....................$
55.58
30.70
GROUP 18 ....................$
55.68
30.70
GROUP 19 ....................$
55.79
30.70
GROUP 20 ....................$
55.91
30.70
GROUP 21 ....................$
56.08
30.70
GROUP 22 ....................$
56.18
30.70
GROUP 23 ....................$
56.29
30.70
GROUP 24 ....................$
56.41
30.70
GROUP 25 ....................$
56.58
30.70
OPERATOR: Power Equipment
(Cranes, Piledriving &
Hoisting)
GROUP 1 ....................$
53.25
30.70
GROUP 2 ....................$
54.03
30.70
GROUP 3 ....................$
54.32
30.70
GROUP 4 ....................$
54.46
30.70
GROUP 5 ....................$
54.68
30.70
GROUP 6 ....................$
54.79
30.70
GROUP 7 ....................$
54.91
30.70
GROUP 8 ....................$
55.08
30.70
GROUP 9 ....................$
55.25
30.70
GROUP 10 ....................$
56.25
30.70
GROUP 11 ....................$
57.25
30.70
GROUP 12 ....................$
58.25
30.70
Special Federal Provisions 1550-26
GROUP 13 ....................$
59.25
30.70
OPERATOR: Power Equipment
(Tunnel Work)
GROUP 1 ....................$
54.53
30.70
GROUP 2 ....................$
54.82
30.70
GROUP 3 ....................$
54.96
30.70
GROUP 4 ....................$
55.18
30.70
GROUP 5 ....................$
55.29
30.70
GROUP 6 ....................$
55.41
30.70
GROUP 7 ....................$
55.71
30.70
PREMIUM PAY:
$3.75 per hour shall be paid on all Power Equipment Operator
work on the following 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
Special Federal Provisions 1550-27
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
(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
Special Federal Provisions 1550-28
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);
Pumperete 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.
Special Federal Provisions 1550-29
up to and including 6-1/2 yds.); Soil remediation plant
operator; Surface heaters and planer operator; Tractor
compressor drill combination operator; Tractor operator
(any type larger than D-5 - 100 flywheel h. p. and over, or
similar -bulldozer, tamper, scraper and push tractor single
engine); Tractor operator (boom attachments), Traveling
pipe wrapping, cleaning and bendng machine operator;
Trenching machine operator (over 6 ft. depth capacity,
manufacturer's rating); trenching Machine with Road Miner
attachment (over 6 ft depth capacity): Ultra high pressure
waterjet cutting tool system mechanic; Water pull
(compaction) operator
GROUP 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.
Special Federal Provisions 1550-30
yards; Mechanical finishing machine operator; Mobile form
traveler operator; Motor patrol operator (multi -engine);
Pipe mobile machine operator; Rubber -tired earth- moving
equipment operator (multiple engine, Euclid, Caterpillar
and similar type, over 50 cu. yds. struck); Rubber -tired
self- loading scraper operator (paddle -wheel -auger type
self -loading - two (2) or more units)
GROUP 13: Rubber -tired earth -moving equipment operator
operating equipment with push-pull system (single engine,
up to and including 25 yds. struck)
GROUP 14: Canal liner operator; Canal trimmer operator;
Remote- control earth -moving equipment operator (operating
a second piece of equipment: $1.00 per hour additional);
Wheel excavator operator (over 750 cu. yds.)
GROUP 15: Rubber -tired earth -moving equipment operator,
operating equipment with push-pull system (single engine,
Caterpillar, Euclid, Athey Wagon and similar types with any
and all attachments over 25 yds. and up to and including 50
yds. struck); Rubber -tired earth -moving equipment operator,
operating equipment with push-pull system (multiple
engine -up to and including 25 yds. struck)
GROUP 16: Rubber -tired earth -moving equipment operator,
operating equipment with push-pull system (single engine,
over 50 yds. struck); Rubber -tired earth -moving equipment
operator, operating equipment with push-pull system
(multiple engine, Euclid, Caterpillar and similar, over 25
yds. and up to 50 yds. struck)
GROUP 17: Rubber -tired earth -moving equipment operator,
operating equipment with push-pull system (multiple engine,
Euclid, Caterpillar and similar, over 50 cu. yds. struck);
Tandem tractor operator (operating crawler type tractors in
tandem - Quad 9 and similar type)
GROUP 18: Rubber -tired earth -moving equipment operator,
operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, up to and including 25 yds. struck)
Special Federal Provisions 1550-31
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
Special Federal Provisions 1550-32
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
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,
Special Federal Provisions 1550-33
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
Special Federal Provisions 1550-34
GROUP 3: Dinkey locomotive or motorperson (up to and
including 10 tons)
GROUP 4: Bit sharpener; Equipment greaser (grease truck);
Slip form pump operator (power -driven hydraulic lifting
device for concrete forms); Tugger hoist operator (1 drum);
Tunnel locomotive operator (over 10 and up to and including
30 tons)
GROUP 5: Backhoe operator (up to and including 3/4 yd.);
Small Ford, Case or similar; Drill doctor; Grouting machine
operator; Heading shield operator; Heavy-duty repairperson;
Loader operator (Athey, Euclid, Sierra and similar types);
Mucking machine operator (1/4 yd., rubber -tired, rail or
track type); Pneumatic concrete placing machine operator
(Hackley-Presswell or similar type); Pneumatic heading
shield (tunnel); Pumperete 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 1-15 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,
Special Federal Provisions 1550-35
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
T31 S, R32E, MDM. Continue W to the NW corner of T31 S, R31 E,
MDM. Continue S to the SW corner of T32S, R31 E, MDM. Continue
W to SW corner of SE quarter of Section 34, T32S, R30E, MDM.
Continue S to SW corner of T11 N, R1 7W, SBM. Continue E along
south boundary of T11 N, SBM to SW corner of T11 N, R7W, SBM.
Continue S to SW corner of T9N, R7W, SBM. Continue E along
south boundary of T9N, SBM to SW corner of T9N, R1 E, SBM.
Continue S along west boundary of R1 E, SMB to Riverside County
line at the SW corner of T1 S, R1 E, SBM. Continue E along south
boundary of T1s, SBM (Riverside County Line) to SW corner of
T1 S, R10E, SBM. Continue S along west boundary of R10E, SBM to
Imperial County line at the SW corner of TBS, 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 R1 6E to the SW corner of T30S, R1 6E, MDM. Continue E to SW
corner of T30S, R1 7E, MDM. Continue S to SW corner of T31 S,
R1 7E, MDM. Continue E to SW corner of T31 S, R1 8E, 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
Special Federal Provisions 1550-36
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, R21 W,
SBM. Continue N along East side of R21 W, SBM to Ventura County
and Kern County boundary at the NE corner of TBN, R21 W.
Continue W along the Ventura County and Kern County boundary to
the SE corner of T9N, R21 W. Continue North along the East edge
of R21 W, SBM to the NE corner of T12N, R21 W, SBM. Continue
West along the north edge of T1 2N, SBM to the SE corner of
T32S, R21 E, MDM. [T1 2N SBM is a think strip between T11 N SBM
and T32S MDM]. Continue North along the East side of R21 E, MDM
to the Kings County and Kern County border at the NE corner of
T25S, R21 E, 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.
$2.00 additional per hour for INYO and MONO Counties and the
Northern portion of SAN BERNARDINO County as defined below:
That area within the following Boundary: Begin at the
intersection of the northern boundary of Mono County and the
California state line at the point which is the center of
Section 17, T1 ON, R22E, Mt. Diablo Meridian. Continue S then
SE along the entire western boundary of Mono County, until it
reaches Inyo County at the point which is the NE corner of the
Western half of the NW quarter of Section 2, TBS, R29E, MDM.
Continue SSE along the entire western boundary of Inyo County,
until the intersection with Kern County at the point which is
the SW corner of the SE 1/4 of Section 32, T24S, R37E, MDM.
Continue E along the Inyo and Kern County boundary until the
intersection with San Bernardino County at that point which is
the SE corner of section 34, T24S, R40E, MDM. Continue E along
the Inyo and San Bernardino County boundary until the point
which is the NE corner of the Western half of the NW quarter of
Section 6, T25S, R42E, MDM. Continue S to that point which is
the SW corner of the NW quarter of Section 6, T27S, R42E, MDM.
Continue E in a straight line to the California and Nevada
state border at the point which is the NW corner of Section 1,
Special Federal Provisions 1550-37
T17N, R14E, San Bernardino Meridian. Then continue NW along
the state line to the starting point, which is the center of
Section 18, T10N, R22E, MDM.
:1211►TI/_\I►10121611ELVA 9
-------------------------------------
ENG10012-004 08/01/2023
Rates Fringes
OPERATOR: Power Equipment
(DREDGING)
(1) Leverman................$ 64.10
34.60
(2) Dredge dozer ............
$ 58.13
34.60
(3) Deckmate................$
58.02
34.60
(4) Winch operator (stern
winch on dredge) ............
$ 57.47
34.60
(5) Fireman -Oiler,
Deckhand, Bargeman,
Leveehand...................$
56.93
34.60
(6) Barge Mate ..............$
57.54
34.60
IRON 0433-006 01/01/2024
Rates Fringes
IRONWORKER
Fence Erector ...............$ 42.53 26.26
Ornamental, Reinforcing
and Structural ..............$ 47.45 34.90
PREMIUM PAY:
$9.00 additional per hour at the following locations:
China Lake Naval Test Station, Chocolate Mountains Naval
Reserve-Niland,
Edwards AFB, Fort Irwin Military Station, Fort Irwin Training
Center -Goldstone, San Clemente Island, San Nicholas Island,
Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine
Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB
Special Federal Provisions 1550-38
Army Defense Language Institute - Monterey, Fallon Air Base,
Naval Post Graduate School - Monterey, Yermo Marine Corps
Logistics Center
Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock
-------------------------------------
LAB00300-005 08/01/2022
Rates Fringes
Asbestos Removal Laborer ......... $ 39.23 23.28
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.
-------------------------------------
LAB 00345-001 07/01/2022
Rates Fringes
LABORER (GUNITE)
GROUP 1 .....................$ 48.50 21.37
GROUP 2 .....................$ 47.55 21.37
GROUP 3 .....................$ 44.01 21.37
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
Special Federal Provisions 1550-39
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
-------------------------------------
LABO 1184-001 07/01/2022
Rates Fringes
Laborers: (HORIZONTAL
DIRECTIONAL DRILLING)
(1) Drilling Crew Laborer ... $ 40.69
18.25
(2) Vehicle Operator/Hauler.$ 40.86
18.25
(3) Horizontal Directional
Drill Operator ..............$ 42.71
18.25
(4) Electronic Tracking
Locator .....................$ 44.71
18.25
Laborers: (STRIPING/SLURRY
SEAL)
GROUP 1 .....................$ 41.90
21.32
GROUP 2 .....................$ 43.20
21.32
GROUP 3 .....................$ 45.21
21.32
GROUP 4 .....................$ 46.95
21.32
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
Special Federal Provisions 1550-40
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
-------------------------------------
LABO1 184-002 07/01/2022
Rates Fringes
LABORER (TUNNEL)
GROUP 1 .....................$
45.68
23.30
GROUP 2 .....................$
46.00
23.30
GROUP 3 .....................$
46.46
23.30
GROUP 4 .....................$
47.15
23.30
LABORER
GROUP 1 .....................$
36.39
21.04
GROUP 2 .....................$
36.94
21.04
GROUP 3 .....................$
37.49
21.04
GROUP 4 .....................$
39.04
21.04
GROUP 5 .....................$
39.39
21.04
LABORER CLASSIFICATIONS
GROUP 1: Cleaning and handling of panel forms; Concrete
screeding for rough strike -off; Concrete, water curing;
Special Federal Provisions 1550-41
Demolition laborer, the cleaning of brick if performed by a
worker performing any other phase of demolition work, and
the cleaning of lumber; Fire watcher, limber, brush loader,
piler and debris handler; Flag person; Gas, oil and/or
water pipeline laborer; Laborer, asphalt -rubber material
loader; Laborer, general or construction; Laborer, general
clean-up; Laborer, landscaping; Laborer, jetting; Laborer,
temporary water and air lines; Material hose operator
(walls, slabs, floors and decks); Plugging, filling of shee
bolt holes; Dry packing of concrete; Railroad maintenance,
repair track person and road beds; Streetcar and railroad
construction track laborers; Rigging and signaling; Scaler;
Slip form raiser; Tar and mortar; Tool crib or tool house
laborer; Traffic control by any method; Window cleaner;
Wire mesh pulling - all concrete pouring operations
GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger
mixer and handling bulk cement); Cesspool digger and
installer; Chucktender; Chute handler, pouring concrete,
the handling of the chute from readymix trucks, such as
walls, slabs, decks, floors, foundation, footings, curbs,
gutters and sidewalks; Concrete curer, impervious membrane
and form oiler; Cutting torch operator (demolition); Fine
grader, highways and street paving, airport, runways and
similar type heavy construction; Gas, oil and/or water
pipeline wrapper - pot tender and form person; Guinea
chaser; Headerboard person - asphalt; Laborer, packing rod
steel and pans; Membrane vapor barrier installer; Power
broom sweeper (small); Riprap stonepaver, placing stone or
wet sacked concrete; Roto scraper and tiller; Sandblaster
(pot tender); Septic tank digger and installer(lead); Tank
scaler and cleaner; Tree climber, faller, chain saw
operator, Pittsburgh chipper and similar type brush
shredder; Underground laborer, including caisson bellower
GROUP 3: Buggymobile person; Concrete cutting torch; Concrete
pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or
longer; Dri-pak-it machine; Gas, oil and/or water pipeline
wrapper, 6 -in. pipe and over, by any method, inside and
out; High scaler (including drilling of same); Hydro seeder
and similar type; Impact wrench multi -plate; Kettle person,
pot person and workers applying asphalt, lay-kold,
creosote, lime caustic and similar type materials
Special Federal Provisions 1550-42
(""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,
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
Special Federal Provisions 1550-43
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
-------------------------------------
LABO 1184-004 07/01/2022
Rates Fringes
Brick Tender .....................$ 37.32 21.45
-------------------------------------
LABO 1414-001 08/03/2022
Rates Fringes
LABORER
PLASTER CLEAN-UP LABORER .... $ 38.92 23.32
PLASTER TENDER ..............$ 41.47 23.32
Work on a swing stage scaffold: $1.00 per hour additional.
------------------------------------
PAI N0036-001 07/01/2023
Special Federal Provisions 1550-44
Rates Fringes
Painters: (Including Lead
Abatement)
(1) Repaint (excludes San
Diego County) ...............$ 29.59 17.12
(2) All Other Work .......... $ 38.52 18.64
REPAINT of any previously painted structure. Exceptions:
work involving the aerospace industry, breweries,
commercial recreational facilities, hotels which operate
commercial establishments as part of hotel service, and
sports facilities.
-------------------------------------
PAI N0036-008 09/01/2022
Rates Fringes
DRYWALL FINISHER/TAPER ........... $ 46.28 23.52
----------------------------------------------------------------
PAI N0036-015 01/01/2020
Rates Fringes
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
Special Federal Provisions 1550-45
CEMENT MASON/CONCRETE FINISHER ... $ 38.50
--------------------------------------
PLUM0016-001 09/01/2023
Rates Fringes
PLUM BER/PIPEFITTER
Work ONLY on new additions
and remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft. of
floorspace .................$ 53.51 25.28
Work ONLY on strip malls,
light commercial, tenant
improvement and remodel
work ........................$ 42.49 23.86
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 ........................$ 55.18 26.26
PLUM0345-001 09/01/2023
Rates Fringes
PLUMBER
Landscape/Irrigation Fitter.$ 40.20
Sewer & Storm Drain Work .... $ 44.29
--------------------------------------
ROOF0036-002 08/13/2023
Rates Fringes
ROOFER ...........................$ 46.02
25.90
23.28
(►111161
ameliI
Special Federal Provisions 1550-46
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 $1.75 per
hour ""pitch premium"" pay.
--------------------------------------
S FCA0669-002 01/01/2024
Rates Fringes
SPRINKLER FITTER .................$ 45.31 27.91
----------------------------------------------------------------
SHEE0105-003 01/01/2024
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 ........................$ 56.95 30.04
(2) Industrial work
including air pollution
control systems, noise
abatement, hand rails,
guard rails, excluding
aritechtural sheet metal
work, excluding A -C,
heating, ventilating
systems for human comfort ... $ 56.95
----------------------------------------------------------
TEAM0011-002 07/01/2023
Rates Fringes
TRUCK DRIVER
GROUP 1 ....................$ 38.19 33.69
GROUP 2 ....................$ 38.34 33.69
30.04
Special Federal Provisions 1550-47
GROUP 3 ....................$
38.47
33.69
GROUP 4 ....................$
38.66
33.69
GROUP 5 ....................$
38.69
33.69
GROUP 6 ....................$
38.72
33.69
GROUP 7 ....................$
38.97
33.69
GROUP 8 ....................$
39.22
33.69
GROUP 9 ....................$
39.42
33.69
GROUP 10 ....................$
39.72
33.69
GROUP 11 ....................$
40.22
33.69
GROUP 12 ....................$
40.65
33.69
WORK ON ALL MILITARY BASES:
PREMIUM PAY: $3.00 per hour additional.
[29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB,
EI 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.; Dumperete
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
Special Federal Provisions 1550-48
GROUP 6: Transit mix truck, 3 yds. or more; Dumperete 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
Special Federal Provisions 1550-49
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) (iii)).
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
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.
Special Federal Provisions 1550-50
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
Special Federal Provisions 1550-51
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
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
Special Federal Provisions 1550-52
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"
Special Federal Provisions 1550-53
tr 91
L A
(NAME)
CONTRACTOR
PROJECT SIGN
(For Community Development Block Grant Funded Projects)
Required for all Projects $25,000 or over
(4' X 8')
Citywide Miscellaneous ADA Improvements Project
S000,000.00
City of La Quinta
Supervisor (Enter First Last Name)
EXHIBIT B-3
eca Qa�&(V
CALIFORNIA
(NAME)
ENGINEER/ARCHITECT
Special Federal Provisions 1550-54
Additional Federal Requirements
Whereas, the work under this Agreement is subject to applicable Federal, State, and local laws and
regulations, including but not limited to the regulations pertaining to the Community Development
Block Grant program (24 CFR Part 570) and the Uniform Administrative Requirement, Cost
Principles, and Audit Requirements for Federal Awards (2 CFR Part 200). Contractor, sub-
contractors, Consultants, and sub -consultants agree to comply with, and are subject to, all
applicable requirements as follows:
1. Equal Employment Opportunity - Compliance with Executive Order 11246 of September
24, 1965, entitled "Equal Employment Opportunity", as amended by Executive Order 11375 of
October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Part 60). The
Contractor/Consultant will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, general identity or national origin.
Contractor/Consultant will ensure that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex sexual orientation, general identity or
national origin. The Contractor/Consultant will take affirmative action to ensure that applicants are
employed and the employees are treated during employment, without regard to their race color,
religion, sex, sexual orientation, general identity or national origin. Such actions shall include, but
are not limited to, the following: employment, up -grading, demotion, or transfer; recruitment or
recruitment advertising; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The Contractor/Consultant agrees to post in a conspicuous place,
available to employees and applicants for employment, notices to be provided by the County setting
forth the provisions of this non -discriminating clause.
2. Copeland "Anti -Kickback" Act (18 U.S.C. 874 and 40 U.S.C.A. Section 3145): All
contracts and subgrants in excess of $2,000 for construction or repair awarded by recipients and
subrecipients shall include a provision for compliance with the Copeland "Anti -Kickback" Act (18
U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors
and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or
Grants from the United States"). The Act provides that each contractor or subrecipient shall be
prohibited from inducing, by any means, any person employed in the construction, completion, or
repair of public work, to give up any part of the compensation to which he is otherwise entitled. The
recipient shall report all suspected or reported violations to HUD.
3. Davis -Bacon Act, as amended (40 U.S.C.A. Section 3141-3148): When required by
Federal program legislation, all construction contracts awarded by the recipients and subrecipients
of more than $2000 shall include a provision for compliance with the Davis -Bacon Act (40 U.S.C.
A. Section 3141-3148) and as supplemented by Department of Labor regulations (29 CFR Part 5,
"Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted
Construction"). Under the Davis Bacon Act, contractors shall be required to pay wages to laborers
and mechanics at a rate not less than the minimum wages specified in a wage determination made
by the U.S. Secretary of Labor. In addition, contractors shall be required to pay wages not less than
once a week. The recipient shall place a copy of the current prevailing wage determination issued
by the U.S. Department of Labor in each solicitation and the award of a contract shall be conditioned
upon the acceptance of the wage determination. The recipient shall report all suspected or reported
violations to HUD.
4. Contract Work Hours and Safety Standards Act (40 U.S.CA.. 32701 through 3708):
Where applicable, all contracts awarded by recipients in excess of $2,000 for construction contracts
and in excess of $2,500 for other contracts that involve the employment of mechanics or laborers
shall include a provision for compliance with the Contract Work Hours and Safety Standards (40
U.S.C.A. 32701-3708), as supplemented by Department of Labor Regulations (29 CFR Part 5).
Under Section 40 U.S.C.A. 3702, each contractor shall be required to compute the wages of every
mechanic and laborer on the basis of a standard workweek of 40 hours. Work in excess of the
Special Federal Provisions 1550-55
standard workweek is permissible provided that the worker is compensated at a rate of not less
than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the workweek.
40 U.S.C.A. 3704of the Act is applicable to construction work and provides that no laborer or
mechanic shall be required to work in surroundings or under working conditions which are
unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies
or materials or articles ordinarily available on the open market, or contracts for transportation or
transmission of intelligence.
5. Rights to Inventions Made Under a Contract or Agreement— Contracts or agreements
for the performance of experimental, developmental, or research work shall provide for the rights
of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR
part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any implementing regulations
issued by HUD.
6. Rights to Data and Copyrights – Contractors and consultants agree to comply with all
applicable provisions pertaining to the use of data and copyrights pursuant to 48 CFR Part 27.404-
3, Federal Acquisition Regulations (FAR).
7. Air Pollution Prevention and Control (formally known as the Clean Air Act) (42
U.S.C.A. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C.A. Section 1251
et seq.), as amended:—Contracts and subgrants of amounts in excess of $100,000 shall contain
a provision that requires the recipient to agree to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water
Pollution Control Act as amended (33 U.S.C.A. 1251 et seq.). Violations shall be reported to HUD
and the Regional Office of the Environmental Protection Agency (EPA).
8. Byrd Anti -Lobbying Amendment (31 U.S. C.A. 1352)— Contractors who apply or bid for
an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above
that it will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of Congress,
officer or employee of Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier
shall also disclose any lobbying with non -Federal funds that takes place in connection with
obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.
9. Debarment and Suspension (Executive Orders (E. 0. s) 12549 and 12689)—No contract
shall be made to parties listed on the General Services Administration's List of Parties Excluded
from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and
12689, "Debarment and Suspension," as set forth at 24 CFR part 2424. This list contains the names
of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared
ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards
that exceed the small purchase threshold shall provide the required certification regarding its
exclusion status and that of its principal employees.
10. Drug -Free Workplace Requirements— The Anti -Drug Abuse Act of 1988 (41 U.S.C.A.
Section 8101-8103)requires grantees (including individuals) of federal agencies, as a prior
condition of being awarded a grant, to certify that they will provide drug-free workplaces. Each
potential recipient must certify that it will comply with drug-free workplace requirements in
accordance with the Act and with HUD's rules at 24 CFR part 2425.
11. Access to Records and Records Retention: The Consultant or Contractor, and any sub -
consultants or sub -contractors, shall allow all duly authorized Federal, State, and/or County officials
or authorized representatives access to the work area, as well as all books, documents, materials,
papers, and records of the Consultant or Contractor, and any sub -consultants or sub -contractors,
that are directly pertinent to a specific program for the purpose of making audits, examinations,
Special Federal Provisions 1550-56
excerpts, and transcriptions. The Consultant or Contractor, and any sub -consultants or sub-
contractors, further agree to maintain and keep such books, documents, materials, papers, and
records, on a current basis, recording all transactions pertaining to this agreement in a form in
accordance with generally acceptable accounting principles. All such books and records shall be
retained for such periods of time as required by law, provided, however, notwithstanding any
shorter periods of retention, all books, records, and supporting detail shall be retained for a period
of at least four (4) years after the expiration of the term of this Agreement.
12. Federal Employee Benefit Clause: No member of or delegate to the congress of the
United States, and no Resident Commissioner shall be admitted to any share or part of this
agreement or to any benefit to arise from the same.
13. Energy Efficiency: Mandatory standards and policies relating to energy efficiency which
are contained in the State energy conservation plan issued in compliance with the Energy Policy
and Conservation Act (Pub. L. 94A 163, Dec. 22, 1975; 42 U.S.C.A. Section 6201, et. seq., 89 Stat.
871).
14. Procurement of Recovered Materials (2 CFR 200.322.) A non -Federal entity that is a
state agency or agency of a political subdivision of a state and its contractors must comply with 42
U.S.C. Section 6962 of the Solid Waste Disposal Act (42 U.S.C.A. Section 6901, et seq.), as
amended by the Resource Conservation and Recovery Act. The requirements of Section 6002
include procuring only items designated in guidelines of the Environmental Protection Agency
(EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable,
consistent with maintaining a satisfactory level of competition, where the purchase price of the item
exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded
$10,000; procuring solid waste management services in a manner that maximizes energy
and resource recovery; and establishing an affirmative procurement program for procurement of
recovered materials identified in the EPA guidelines.
15. Build America, Buy America (BABA) Act: The Grantee must comply with the
requirements of the Build America, Buy America (BABA) Act, 41 USC 8301 note, and all applicable
rules and notices, as may be amended, If applicable to the Grantee's infrastructure project.
Pursuant to HUD's Notice, "Public Interest Phased Implementation Waiver for FY 2022 and 2023
of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial
Assistance" (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective
dates, are subject to BABA requirements, unless excepted by a waiver.
16. Violence Against Women Act (VAWA): VAWA provides housing protections for survivors
of domestic and dating violence, sexual assault and stalking (`domestic violence"). VAWA 2022
reauthorizes, amends, and strengthens the VAWA of 1994, as amended (Pub. L. 103-322, tit. IV,
sec. 40001-40703; 34 U.S.C. 12291 et seq.) HUD's implementing regulations for VAWA'S
protections, rights, and responsibilities are codified in 24 CFR part 5, subpart L, and related
provisions in HUD's program regulations (HUD's VAWA regulations). VAWA 2022 amendments
took effect on October 1, 2022 and 2022 VAWA's reauthorization includes new implementation
requirements. Grantees, subrecipients and developers shall ensure compliance with all
requirements of VAWA including but not limited to: (a) Assure domestic violence survivors are not
denied assistance as an applicant, or evicted, or have assistance terminated as a tenant because
applicant or tenant is or has been a victim of domestic violence; (b) Implement an emergency
transfer plan allowing domestic violence survivor to move to another safe and available unit; (c)
Provide protections against denial, terminations, and evictions that directly result from being a
victim of domestic violence; (d) Implement a low barrier certification process and allow self -
certification of domestic violence.
Special Federal Provisions 1550-57
EXHIBIT B-4
Required Bid Form
CERTIFICATION OF BIDDER
REGARDING NONSEGREGATED FACILITIES
Project Name:
Name of Bidder:
The above-named Bidder hereby certifies that:
I do not maintain or provide for my employees any segregated facilities at any of my
establishments, and that I do not permit my employees to perform their services at
any location, under my control, where segregated facilities are maintained. As used
in this certification, the term "segregated facilities" means any waiting rooms, work
areas, rest rooms, wash rooms, restaurants and other eating areas, time clocks,
locker rooms or other dressing areas, parking lots, drinking fountains, recreation or
entertainment areas, transportation, and housing facilities provided for employees
which are segregated by explicit directive or are in fact segregated on the basis of
race, color, religion, national origin, or because of habits, local customs, or
otherwise.
I further agree to obtain identical certifications from all proposed subcontractors
prior to the award of subcontracts exceeding $10,000.
Signature:
Name (Print):
Title:
Date:
Special Federal Provisions 1550-58
Project Name:
BIDDER CERTIFICATION ON
FEDERAL CONTRACT REQUIREMENTS
Bid/Solicitation #:
CERTIFICATION:
EXHIBIT B-7
Required Bid Form
I hereby certify that I have reviewed and understand the diversified Federal construction
contract -related requirements imposed on the Contractor(s) of HUD -funded construction
projects, including but not limited to the following:
1. The subject project is being financed with Community Development Block Grant funds
(24 CFR Part 570); and
2. This project and all related construction contracts are subject to the U.S. Department
of Housing and Urban Development's Federal Labor Standards Provisions (HUD 4010
— revised 10/2023); and
3. This project is subject to all applicable laws and regulations as listed in the General
Summary of these Special Federal Provisions; and
4. If my bid is $200,000 or more, this project and all related contracts will be subject to
Section 3 requirements (12 U.S.C. 1701 u); and
5. If the project is $250,000 or more, this project and all related contracts will be subject
to comply with the requirements of the Build America, Buy America (BABA) Act (41
USC 8301).
CONTRACTOR'S NAME:
CONTRACTOR'S LICENSE NO.:
ADDRESS:
AUTHORIZED REPRESENTATIVE: (Print Name)
SIGNATURE:
DATE:
Special Federal Provisions 1550-59
EXHIBIT B-8
Required Bid Form
QUESTIONNAIRE REGARDING BIDDERS
Bidder has been engaged in the contracting business under the present name of
Present business address is:
Federal Tax ID:
Amount of Bid
since (Date).
California Contractor's License No.: Expiration Date:
UEI Number: or CAGE Code:
Because this project is Federally funded, it is necessary to obtain information concerning
minority and other group participation for statistical purposes. The U.S. Department of
Housing and Urban Development (HUD) uses this information to determine the degree
to which its programs are being utilized by minority business enterprises and targeted
group contractors.
A minority enterprise is defined by the Federal Government as a business that is fifty-
one percent (51%) or more "minority-owned". Please check the applicable box
concerning the ownership of your business:
❑ American Indian or Native Alaskan
❑ Asian or Pacific Islander/Native Hawaiian
❑ Black/African American
❑ Hispanic
❑ White
❑ Hasidic Jews
❑ Other
A woman -owned enterprise is defined by the Federal Government as a business that is
fifty-one percent (51 %) or more woman -owned. Please check applicable box concerning
the ownership of your business:
❑ Woman/Female owned ❑ Male owned
A Section 3 Contractor or Subcontractor is a business concern that is more than fifty-one
percent (51 %) owned by a low or very low-income person, or over 75 percent of the labor
hours performed for the business over the prior three-month period are performed by
Section 3 workers. Please check the applicable box concerning the ownership of your
business:
❑ Section 3 Business concern ❑ Non -Section 3 Business concern
The United States Department of Housing and Urban Development (HUD) is
authorized to solicit the information requested in this form by virtue of Title 12,
United States Code, Section 1701 et seq., and other regulations. It will not be
disclosed or released outside of HUD without your consent, except as required or
permitted by law.
Special Federal Provisions 1550-60
EXHIBIT B-9
Required Bid Form
LIST OF SUBCONTRACTORS
SUBCONTRACTOR FED. I.D.# AMOUNT ADDRESS/PHONE NO.
NAME OF SUPPLIER ADDRESS/PHONE NO. CONTRACT AMOUNT
This form is to be completed and submitted with the bid package.
Special Federal Provisions 1550-61
POST CONTRACT AWARD FORMS
Special Federal Provisions 1550-62
Recitals: 1.
PERFORMANCE BOND
(Contractor)
has entered into an Agreement dated with
2.
Agreement:
(Project)
EXHIBIT PA -1
for construction of public work known as
.a
corporation (Surety), is the Surety under this Bond
We, Contractor, as Principal, and Surety, jointly and severally agree, state, and are bound
unto Owner, as obligee, as follows:
1. The amount of the obligation of this Bond is 100% of the estimated contract price for
the project of $ and insures to the benefit of Owner.
2. This Bond is exonerated by Contractor doing all things to be kept and performed by it in
strict conformance with the Contract Documents for the Project, otherwise it remains in full force and
effect for the recovery of loss, damage and expense of Owner resulting from failure of Contractor to so
act. All of said Contract documents are incorporated herein.
3. This obligation is binding on our successors and assigns.
4. For value received. Surety stipulates and agrees that no change, time extension,
prepayment to Contractor, alteration or addition to the terms and requirements of the Contract
Document or the work to be performed thereunder shall affect its obligations hereunder and waives notice
as to such matters, except the total contract price cannot be increased by more than 10% without
approval of Surety.
By
By
Title
THIS BOND is executed as of
Contractor
By
Type Name
Date
Its Attorney in Fact "Surety"
Note: This Bond must be executed by both parties with corporate seal affected. All signatures
must be acknowledged. (Attach acknowledgments)
Special Federal Provisions 1550-63
EXHIBIT PA -2
PAYMENT BOND
(Public Work - Civil Code 3247 et seq.)
The makers of this Bond are
Principal and Original Contractor and
corporation, authorized to issue Surety Bonds in California, as Surety, and this Bond is issued in
conjunction with that certain public works contract dated
as
,a
between Principal and a
public entity, as Owner; for the BOND is one hundred percent (100%) of said sum. Said contract is
for public work generally consisting of
The beneficiaries of this Bond are as stated in 3248 of Civil Code and the requirements and conditions
of this Bond are as is set forth in 3248, 3249, 3250 and 3252 of said Code. Without notice, Surety consents
to extension of time for performance, change in requirements, amount of compensation, prepayment
under said contract
Dated
Surety
By
(Corporate Seal)
QI
Title
STATE OF CALIFORNIA
COUNTY OF ) SS
Original Contractor - Principal
(If corporation - affix seal)
SURETY'S ACKNOWLEDGMENT
On before me personally appeared
known to me to be the person whose name is subscribed to the within the instrument as attorney in
fact of , a corporation, and acknowledged that
he subscribed the name of said corporation thereto, and his own name is its attorney in fact.
Notary Public (Seal)
Riverside County Counsel
Approved Form 1-9-74
Special Federal Provisions 1550-64
EXHIBIT PA -3
SUBCONTRACTOR QUESTIONNAIRE
Subcontractor has been engaged in the contracting business under the present name
of: , since
(Date).
Present business address is:
Federal Tax ID:
Amount of Subcontract $
State of California Contractor's License No.:
Expiration Date:
Because this project is Federally funded, it is necessary to obtain information concerning
minority and other group participation for statistical purposes. The U.S. Department of Housing
and Urban Development (HUD) uses this information to determine the degree to which its
programs are being utilized by minority business enterprises and targeted group contractors.
A minority enterprise is defined by the Federal Government as a business that is fifty-one
percent (51%) or more "minority-owned". Please check the applicable box concerning the
ownership of your business:
❑ American Indian or Native Alaskan
❑ Asian or Pacific Islander/Native Hawaiian
❑ Black/African American
❑ Hispanic
❑ White
❑ Hasidic Jews
❑ Other
A woman -owned enterprise is defined by the Federal Government as a business that is
fifty-one percent (51 %) or more woman -owned. Please check the applicable box
concerning the ownership of your business:
❑ Woman/Female owned ❑ Male owned
A Section 3 Contractor or Subcontractor is a business concern that is more than fifty-one percent
(51 %) owned by a low or very low-income person, or a business concern that over 75 percent
of the labor hours performed for the business over the prior three-month period are performed
by Section 3 workers. Please check the applicable box concerning the ownership of your
business:
❑ Section 3 Business concern ❑ Non -Section 3 Business concern
The United States Department of Housing and Urban Development (HUD) is authorized to solicit the
information requested in this form by virtue of Title 12, United States Code, Section 1701 et seq., and other
regulations. It will not be disclosed or released outside of HUD without your consent, except as required or
permitted by law.
Special Federal Provisions 1550-65
EXHIBIT PA -3 (Cumulative) HWS Use only
Project Name:
DEPARTMENT OF HOUSING & WORKFORCE SOLUTIONS
File #
CDBG / ESG / HOME PROGRAMS
Contractor / Sub -Contractor Questionnaire
Note: The information requested is used to compile data required by HUD for Federally funded projects. The information is used by HUD to monitor and evaluate Minority
Business Enterprise activities against the total program activity and the designated minority business enterprise (MBE) goals.
Privacy Act Notice = The United States Department of Housing and Urban Development, Federal Housing Administration, is authorized to solicit the information requested
in this form by virtue of Title 12, United States Code, Section 1701 et seq., and regulation. It will not be disclosed or released outside the United States Department of
Housing and Urban Development without your consent, except as required or permitted by law.
Amount of
Contract or
Subcontra
ct
Contractor
or
Subcontract
or
Business
Racial /
Ethnic
see below
Type of
Business
1-9
Woman
Owned
Busine
or
(Y or N)
Prime
Contractor
Identification
(ID) Number
Subcontractor
Identification
(ID) Number
Sec. 3
(Y or N)
Contact Person
Contractor / Subcontractor Name and Address
6 =
Professional
7 =
Tenant Services
8 =
Education Training
9 =
Arch / Eng Appraisal
Name Street City
State
Other
Racial / Ethnic Codes:
1 = White Americans
2 = Black Americans
3 = Native Americans
4 = Hispanic Americans
5 = Asian / Pacific Americans
6 = Hasidic Jews
Type of Business / Trade Codes
1 = New Construction
2 =
Substantial Rehab
3 =
Repair
4 =
Repair
5 =
Project Management
6 =
Professional
7 =
Tenant Services
8 =
Education Training
9 =
Arch / Eng Appraisal
0 =
Other
Special Federal Provisions
Section 3: Yes / No
A Section 3 Contractor or subcontractor is
a business concern that provides economic
opportunities to low and very low-income
residents of the metropolitan area (or non -
metropolitan county), including a business
concern that is 51 percent or more owned
by low-income residents.
PRINT NAME:
SIGNATURE:
DATE:
iB1'S1IIY:1
EXHIBIT PA -4
CERTIFICATION OF SUBCONTRACTOR
REGARDING NONSEGREGATED FACILITIES
Project Name:
Name of Subcontractor:
Name of General Contractor:
The above-named Subcontractor hereby certifies that:
I do not maintain or provide for my employees any segregated facilities at any of my
establishments, and that I do not permit my employees to perform their services at
any location, under my control, where segregated facilities are maintained. As used
in this certification, the term "segregated facilities" means any waiting rooms, work
areas, rest rooms, wash rooms, restaurants, and other eating areas, time clocks,
locker rooms or other dressing areas, parking lots, drinking fountains, recreation or
entertainment areas, transportation, and housing facilities provided for employees
which are segregated by explicit directive or are in fact segregated on the basis of
race, color, religion, national origin, or because of habits, local customs, or
otherwise.
Signature:
Name (Print):
Title:
Date:
Special Federal Provisions 1550-67
EXHIBIT PA -6
CDBG PROJECT LABOR CLASSIFICATION
AND WAGE RATE
PROJECT NAME:
PROJECT NUMBER:
COMPANY NAME:
WAGE DECISION NUMBER/MODIFICATION
NUMBER:
WORK CLASSIFICATION
BASIC
HOURLY
RATE
(BHR)
FRINGE
BENEFITS
TOTAL
HOURLY
RATE
LABORER
FRINGE BENEFITS:
$
BRICKLAYER
$
GROUP
#
BHR
TOTAL
WAGE
CARPENTERS
$
$
CEMENT MASONS
$
$
DRYWALL HANGERS
$
$
ELECTRICIANS
$
$
IRONWORKERS
$
$
PAINTERS
$
OPERATORS
FRINGE BENEFITS:
$
PLUMBERS
$
GROUP
#
BHR
TOTAL
WAGE
ROOFERS
$
$
SHEET METAL WORKERS
SOFT FLOOR LAYERS
$
$
TILE LAYERS
$
$
LANDSCAPE/ IRRIGATION
FITTERS
$
TRUCK DRIVER
FRINGE BENEFITS
$
OTHER CLASSIFICATIONS
GROUP
#
BHR
TOTAL
WAGE
ADDITIONAL CLASSIFICATIONS HUD Form 4230-A Must be approved by HUD and DOL
WORK CLASSIFICATION
BASIC
HOURLY
RATE
(BHR)
FRINGE
BENEFITS
TOTAL
HOURLY
RATE
DATE OF HUD
SUBMISSION TO
DOL
DATE OF
DOL
APPROVAL
Special Federal Provisions 1550-68
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:Hdot.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 2000-1
2.0 STANDARD PLANS
The Standard Plans of the City of La Quinta adopted by the City Council on August 21,
2001, shall apply to this project unless specifically stated otherwise in the Contract
Documents.
2.1 Alternative Guidance
2.1.1 California Manual on Uniform Traffic Control Devices (CA MUTCD)
The Standard Plans shall apply to this project unless specifically referenced
otherwise in the Contract Documents. Wherever "CA MUTCD" is referenced, it shall
mean the 2014 edition of the California Manual on Uniform Traffic Control Devices,
published by the State of California.
The Contractor may download these documents at no cost from the Caltrans
website:
https://dot.ca.gov/programs/safety-programs/camutcd
2.1.2 California Building Code, Part 2 (CBC)
The Contractor may download these documents at no cost from the California
Building Standards Commission website:
https://www.dgs.ca.gov/BSC/Codes
2.1.3 California Electrical Code, Part 3 (CBC)
The Contractor may download these documents at no cost from the California
Building Standards Commission website:
https://www.dgs.ca.gov/BSC/Codes
3.0 PRE -CONSTRUCTION CONFERENCE
3.1 Attendees
The City and its consultants, and the Contractor and its superintendent, invited
subcontractors, and other concerned parties shall each be represented at the
conference by persons familiar with and authorized to conclude matters relating to
the work.
3.2 Agenda
The City Engineer will prepare an agenda for discussion of significant items relative
to contract requirements, procedures, coordination and construction.
4.0 PROGRESS SCHEDULES
4.1 General
Prior to commencing work, the Contractor shall provide a Construction Schedule
and Cash Flow Projection. During the course of construction, the Contractor shall
provide a Weekly Activities Plan.
General Project Requirements 2000-2
4.2 Construction Schedule
4.2.1 A milestone schedule shall be submitted within 10 days of the Notice of Award or
with the return the Contractor signed Contract in Section 1300, whichever is earlier.
Contractor shall pay to City $500.00 liquidated damages per calendar day that the
Milestone Schedule is not provided.
4.2.2 The Contractor shall submit the milestone schedule based on major orders of work
and how they relate to traffic control and lane closures. The schedule shall be time
scaled and shall be drafted to show a continuous flow from left to right. The milestone
schedule shall clearly show the sequence of construction operations and specifically
list:
a. The anticipated schedule starting 15 days after the Notice of Award.
b. The start and completion dates of all major phases of work.
c. The dates of submittals, procurement, delivery, installation and completion of
each major equipment and material requirement.
d. Progress milestone events or other significant stages of completion.
e. The lead time required for starting construction.
The major impacts to traffic flow.
The detailed construction schedule shall be submitted within five (5) days of Notice
to Proceed and accepted by the City Engineer before the first partial payment can
be made.
4.2.2.1 The Contractor shall submit the detailed construction schedule based on the Critical
Path Method (CPM). The schedule shall indicate preceding activity relationships
and/or restraints where applicable and a controlling path shall be indicated. The
schedule shall be time scaled and shall be drafted to show a continuous flow from
left to right. The construction schedule shall clearly show the sequence of
construction operations and specifically list:
a. The start and completion dates of all work items.
b. The dates of submittals, procurement, delivery, installation and completion of
each major equipment and material requirement.
C. Progress milestone events or other significant stages of completion.
d. The lead time required for testing, inspection and other procedures required
prior to acceptance of the work.
Activities shall be no longer than 10 workdays, except for submittals and delivery
items. If an activity takes longer, it shall be broken into appropriate segments of
work for measurement of progress. This limitation may be waived, upon approval of
the City Engineer, for repetitious activities of longer durations for which progress
can be easily monitored.
4.2.2.2 Any activity that cannot be completed by its original completion date shall be
considered to be "behind schedule."
General Project Requirements 2000-3
4.2.2.3 At not less than monthly intervals and when requested by the City Engineer, the
Contractor shall submit a revised schedule for all work remaining. If, at any time,
the City Engineer considers the project completion date to be in jeopardy because
of activities "behind schedule," the Contractor shall submit additional schedules and
diagrams indicating how the Contractor intends to accomplish the remaining work
to meet the Contract completion date.
4.2.2.4 All change orders, regardless of origin, shall be reflected in the schedule.
4.3 Time Impact Analysis
4.3.1 When change orders are initiated, delays are experienced, or the Contractor desires
to revise the schedule logic, the Contractor shall submit to the City Engineer a written
Time Impact Analysis illustrating the influence of each change, delay, or Contractor
request on the current contract schedule completion date.
4.4 Weekly Activities Plan
On the last working day of every week the Contractor shall submit to the City
Engineer the Contractor's Plan of Activities for the following two weeks. The Plan of
Activities shall describe the activity and location of the activity.
4.5 Cash Flow Prosection
A cash flow projection shall be submitted with the Construction Schedule. This cash
flow projection shall be revised and resubmitted when revisions of the Construction
Schedule will result in changes to the projected cash flow.
4.6 Lump Sum Price Breakdown
For work to be performed for a lump sum price, the Contractor shall submit a price
breakdown to the City Engineer prior to the first payment and within twenty (20)
calendar days after award of the Contract. The price breakdown, as agreed upon by
the Contractor and the City Engineer, shall be used for preparing future estimates
for partial payments to the Contractor, and shall list the major items of work with a
price fairly apportioned to each item.
Mobilization, overhead, bond, insurance, other general costs and profit shall be
prorated to each item so that the total of the prices for all items equal the lump sum
price. At the discretion of the City Engineer, mobilization, bond and insurance costs
may be provided for separately if accompanied by invoices to verify actual
expenses.
The price breakdown will be subject to the approval of the City Engineer, and upon
request, the Contractor shall substantiate the price for any or all items and provide
additional level of detail, including quantities of work. The price breakdown shall be
sufficiently detailed to permit its use by the City Engineer as one of the bases for
evaluating requests for payments. The City Engineer shall be the sole judge of the
adequacy of the price breakdown.
General Project Requirements 2000-4
5.0 SPECIAL CONTROLS
The Contractor shall take all reasonable means to minimize inconvenience and injury to the
public by dust, noise, diversion of storm water, or other operations under its control.
5.1 Dust Control
The Contractor at its expense shall take whatever steps, procedures, or means as
are required to comply with Section 3000-4.2 and prevent abnormal dust conditions
being caused by its operations in connection with the execution of the Work.
5.2 Noise Abatement
Operations shall be performed so as to minimize unnecessary noise. Special
measures shall be taken to suppress noise during night hours. Noise levels due to
construction activity shall not exceed the levels specified by local ordinance.
Internal combustion engines used on the Work shall be equipped with a muffler of a
type recommended by the manufacturer. No internal combustion engine shall be
operated without said muffler.
5.3 Working Hours
Construction operations and maintenance of equipment within one half mile of
human occupancy shall be performed only during the time periods as follows, unless
otherwise approved by the City:
Monday - Friday 8:00 AM to 5:30 P.M.
The Contractor shall be responsible for any inspection and additional administration
costs incurred by the City for work by the Contractor after the hours defined above
on weekdays, or any work on weekends or holidays recognized by the City. Such
costs shall be withheld from the succeeding monthly progress payment. Any work in
Section 3000, SPECIFIC PROJECT REQUIREMENTS, specifically required to be
performed outside the normal working hours are excluded from the provisions of this
paragraph.
5.4 Drainage Control
In all construction operations, care shall be taken not to disturb the existing drainage
pattern whenever possible. Particular care shall be taken not to direct drainage
water onto private property. Drainage water shall not be diverted to streets or
drainage ways inadequate for the increased flow. Drainage means shall be provided
to protect the Work and adjacent facilities from damage to water from the site or due
to altered drainage patterns from construction operations.
Contractor shall provide, 48 hours in advance of a significant forecast of any likely
precipitation rainfall event of 0.5 inches or more, a Rainfall Event Action Plan
(REAP) specific for that event which, when implemented, is designed to protect all
expose construction portions of the site.
Temporary provisions shall be made by the Contractor to insure the proper
functioning of gutters, storm drain inlets, drainage ditches, culverts, irrigation
ditches, and natural water courses.
General Project Requirements 2000-5
5.5 Construction Cleaning
The Contractor shall, at all times, keep property on which work is in progress and
the adjacent property free from accumulations of waste material or rubbish caused
by employees or by the work. All surplus material shall be removed from the site
immediately after completion of the work causing the surplus materials. Upon
completion of the construction, the Contractor shall remove all temporary structures,
rubbish, and waste materials resulting from his operations.
5.6 Disposal of Material
The Contractor shall make arrangements for disposing of materials outside the right-
of-way and the Contractor shall pay all costs involved. The Contractor shall first
obtain permission from the property owner on whose property the disposal is to be
made and absolve the City from any and all responsibility in connection with the
disposal of material on said property. When material is disposed of as above
provided, the Contractor shall conform to all required codes pertaining to grading,
hauling, and filling of earth.
5.7 Parking and Storage Areas
All stockpiled materials and parked equipment at the job site shall be located to
avoid interference with private property and to prevent hazards to the public.
Locations of stockpiles, parking areas, and equipment storage must be approved by
the City Engineer.
6.0 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS AND
PUBLIC
The Contractor shall be responsible for the protection of public and private property at and
adjacent to the Work and shall exercise due caution to avoid damage to such property,
persons, or public in general. Contractor shall install fencing, open trench signs, cones, or
other protective devices as directed by the City. Site protection shall be to the satisfaction
of the City Engineer.
The Contractor shall repair or replace all existing improvements within the
right-of-way, which are not designated for removal (e.g., electrical, lighting, curbs,
sidewalks, survey points, fences, walls, signs, utility installations, pavements,
structures, etc.) which are damaged or removed as a result of its operations.
Repairs and replacements shall be at least equal to existing improvements and shall
match them in finish and dimension.
Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or
injury. If damaged or removed because of the Contractor's operations, they shall be
restored or replaced in as nearly the original conditions and location as is reasonably
possible. Lawns shall be covered with sod seeded to the applicable season, to the
satisfaction of City.
The Contractor shall give reasonable notice to occupants or owners of adjacent property to
permit them to salvage or relocate plants, trees, fences, irrigation, sprinklers, and other
improvements within the right-of-way which are designated for removal and would be
destroyed because of the work.
General Project Requirements 2000-6
7.0 EXISTING UTILITIES
7.1 General
Some existing utilities are shown on the drawings; however, the Contractor is
responsible to verify exact location of all utilities prior to the start of construction.
Pursuant to Government Code Section 4216, et. seq., the Contractor shall notify the
appropriate required notification center. The notification center for La Quinta can be
reached by contacting UNDERGROUND SERVICE ALERT (USA) at 1-800-422-
4133 or dial 811. USA member utilities will provide the Contractor with the precise
locations of their substructures in the construction area when the Contractor gives at
least 48 hours of notice.
7.2 Notification and Location
At least two (2) working days before performing any excavation work, the Contractor
shall request the utility owners to mark or otherwise indicate the location of their
service.
It shall be the Contractor's responsibility to determine the exact location and depth of
all utilities, including service connections, which have been marked by the
respective owners and which he believes may affect or be affected by his
operations. If no pay item is provided in the Contract for this work, full compensation
for such work shall be considered as included in the prices bid for other items of
work.
The Contractor shall notify the following agencies at least 48 hours in advance of
excavating around any of their structures. The following utility companies provide
service to the La Quinta area and can be contacted via the USA telephone number
or the number list below.
1. Southern California Gas Company, (909) 335-7851
2. Imperial Irrigation District, (760) 398-5823
3. Frontier Communications, (760) 778-3621
4. Coachella Valley Water District, (760) 398-2651
5. Spectrum, (760) 674-5451
7.3 Damage and Protection
The Contractor shall immediately notify the City Engineer and utility owner of any
damage to a utility.
7.4 Utility Relocation and Rearrangement
The right is reserved to the City and the owners of utilities or their authorized agents
to enter upon the Work area for the purpose of making such changes as are
necessary for the rearrangement of their facilities or for making necessary
connections or repairs to their properties. The Contractor shall cooperate with forces
engaged in such work and shall conduct his operations in such a manner as to avoid
any unnecessary delay or hindrance to the work being performed by such forces
and shall allow the respective utilities time to relocate their facility.
General Project Requirements 2000-7
The Contractor assumes responsibility for the removal, relocation, or protection of
existing facilities wherein said facilities are identified by the Plans, field located by a
utility company, or as provided for in the General Requirements. The Contractor
shall coordinate with the owner of utility facilities for the rearrangement of said
facilities.
In the event that underground utilities are found that are not shown in the Contract
Documents or are found to exist in a different location than shown in the Contract
Documents, the Contractor shall: (1) notify the City Engineer of the existence of said
facilities immediately; and (2) take steps to ascertain the exact location of all
underground facilities prior to doing work that may damage such facilities.
Requests for extensions of time arising out of utility rearrangement delays shall be
determined by City Engineer. In accordance with Government Code Section 4215
the Contractor shall not be assessed liquidated damages for delay in completion of
the project, when such delay is caused by the failure of the City or utility company to
provide for the removal or relocation of facilities for which they are the responsible
party as defined in Paragraph 2000-7.3, Damage and Protection.
Where it is determined by the City Engineer that the rearrangement of an
underground main, the existence of which is not shown on the Plans, Specifications,
or in the General Requirements, is essential in order to accommodate the
contemplated improvement, the City Engineer will provide for the rearrangement of
such facility by other forces or by the Contractor in accordance with the provisions of
Paragraph 1400-7.1, Change Orders.
When the General Requirements, Specifications, or Plans indicate that a utility is to
be relocated, altered or constructed by others, the City will conduct all negotiations
with the utility company and the work will be done at no cost to the Contractor.
Temporary or permanent relocation or alteration of utilities desired by the Contractor
for its own convenience shall be the Contractor's responsibility and it shall make
arrangements and bear all costs.
7.5 Underground Facilities
The Contractor is responsible for coordinating all project documentation, including
but not necessarily limited to, the Contract Documents and existing record drawings
for the determination of the location of all underground facilities.
The Contractor shall exercise care in all excavations to avoid damage to existing
underground facilities. This shall include potholing or hand digging in those areas
where underground facilities are known to exist until they have been sufficiently
located to avoid damage to the facilities.
Prior to fabrication, the Contractor shall verify the location and elevations of existing
underground facilities, which the Contractor is connecting to.
No additional compensation shall be provided the Contractor for compliance with the
provisions of this section or for the damage and repair of facilities due to the lack of
such care.
General Project Requirements 2000-8
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
General Project Requirements 2000-9
SECTION 3000
DIVISION 3 SPECIAL PROVISIONS
1.0 GENERAL
1.1 Scope of Services
It shall be the contractor's responsibility to provide and furnish all materials, tools,
labor and incidentals to complete the work as outlined in the Project Description and
as shown in the Project Specifications and Contract Bid Documents for Project No.
2023-07 and CDBG Project No. 4.LQ.48-23, Citywide Miscellaneous ADA
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
This project is located within the Season's Neighborhood at the following locations:
Springtime Way and Seasons Way, Springtime Way and Summer View Way,
Summer View Way and Winter Cove Court, and Summer View Way and Desert Fall
Way. Work includes the reconstruction of curb, gutter, cross gutter, sidewalk, and
curb ramps to be code -compliant. Work will also include refreshing the striping to
remain. All project work and incidental items to complete the project shall be
performed in accordance with the plans, specifications, and other provisions of the
contract. All the above improvements are to be constructed in a workmanlike
manner, leaving the entire project in a neat and presentable condition. Refer to
Section 4000 for more information.
1.3 Project Plans
The area of work is shown on the attached plans titled "Project No. 2023-07 and
CDBG Project No. 4.LQ.48-23, Citywide Miscellaneous ADA Improvements."
The plan set consists of three (3) sheets.
Contractor shall examine all maps, lists and these specifications, in a manner to be
fully cognizant of all work required, and all existing conditions. Bidders are required
to visit the site and verify existing conditions. Make adjustments and allowances for
all necessary equipment to complete all parts of the required work.
1.4 Drawings of Record
Provide and keep up-to-date, a complete record set of blue line prints. Correct
these prints daily and show every change from the original drawings. Keep this set
of prints on the job site and use only as a record set.
Special Provisions 3000-1
Do not construe this as authorization to make changes in the layout without definite
instruction in each case. Incorporate all changes as noted on the record set of
prints thereon with black ink in a neat, legible, understandable and professional
manner. Deliver this set to the City upon completion and acceptance of work.
1.5 Cooperation with Other Contractors
Section 7-7 of the Standard Specifications is amended by the addition of the
following provisions:
Should the Contractor foresee any interference or believe project delays or
problems might occur due to any action of any other contractor, or if the Contractor
determines his own work may cause a delay to the work of the other contractors, the
Contractor shall bring this to the attention of the Engineer as soon as possible so
that the potential problems or delays may be worked out before problems arise. It is
the intention of these Specifications that the Contractor shall cooperate as needed
to affect this purpose, and shall be prepared to make short delays, to redeploy its
work force to other parts of the work or project, to temporarily reschedule work, and
take other reasonable actions to minimize interference and maximize cooperation
with all other parties working within the project area.
If the Contractor maintains that he is unable to reasonably cooperate with others,
then the Contractor shall be prepared to verify to the satisfaction of the Engineer
that there are no reasonable actions which he could take to cooperate with others,
and that if he did, such actions would cause serious financial harm or unreasonable
delay to the Contractor. If the Engineer finds that such evidence is unsatisfactory,
the Engineer may order the Contractor to take whatever reasonable actions the
Engineer determines are necessary to provide the needed cooperation in order to
meet the intent of these Specifications.
The contractor shall have no claim for extra compensation for any delay or costs if
his work is held up, delayed or interrupted by the City's having to order cooperative
work measures or schedule priorities as outlined above. An extension of contract
time shall be the only compensation granted.
1.6 Time Allowed for Construction
In accordance with the provisions of Paragraph 1400-6.2, Time of Completion, this
project shall be completed within 30 working days from the date specified in the
Notice to Proceed.
Special Provisions 3000-2
2.0 BID ITEMS
The bid items presented in the bidders schedule are intended to indicate major
categories of the work for purposes of comparative bid analysis and payment
breakdown for monthly progress payments. Bid items are not intended to be
exclusive descriptions of work categories. The Contractor shall determine and
include in its pricing, all materials, labor, and equipment necessary to complete each
bid item associated appurtenant work.
Those items for which there is no estimated quantity and/or specific pay item shall
be completed in workmanship like manner to the satisfaction of the City Engineer.
Work that is specified for which there is no bid item shall be considered incidental to
work associated with bid items; therefore, the payment for these items shall be
considered included in the various items of work for which a specific bid item has
been provided.
The bid items shown in the bidder's schedule with "F" designates a final pay
quantity. Quantity of any bid item in excess of the final pay quantity shown on the
bidder's schedule estimated by the City Engineer will not be paid for. The final pay
quantity can only be adjusted to reflect any change orders, extra work, or additional
work authorized by the City Engineer.
3.0 MATERIALS
3.1 General
Whenever a material, article or piece of equipment is identified on the drawings or
specified by reference to brand name or catalog number, it shall be understood that
this is referenced for the purpose of defining the performance or other salient
requirements and that other products of equal capacities, quality and function shall
be considered.
3.2 Substitutions
The Contractor may recommend the substitution of a material, article, or piece of
equipment of equal substance and function for those referred to in the Contract
Documents by reference to the brand name or catalog number and, if in the opinion
of the City Engineer, such material, article, or piece of equipment is of equal
substance and function to that specified, the City Engineer may approve its
substitution and use by the Contractor. Any cost differential shall be deductible from
the Contract Price and the Contract Documents shall be appropriately modified by
Change Order. The Contractor warrants that if substitutes are approved, no major
changes in the function or general design of the project will result. Incidental
changes or extra component parts required to accommodate substitute will be made
by the Contractor without a change in the Contract Price or Contract time.
Special Provisions 3000-3
3.3 Storage
Materials and equipment shall be so stored as not to create a public nuisance and to
insure the preservation of their quality and fitness for the work.
4.0 WORK DETAILS
4.1 Traffic Control
The Contractor shall provide a traffic control plan, signed by a PE or TE, for
acceptance by the City no later than five (5) working days after issuance of the
Notice of Award. Subsequently, comments and corrections shall be returned to the
Contractor within ten (10) working days. The traffic control plan shall conform to the
following requirements listed in this section:
Traffic controls, including but not limited to, vehicular and pedestrian traffic controls,
maintenance of vehicular and pedestrian access, detours, and street closures shall
be in accordance with Subsection 7-10 of the latest edition of the "Standard
Specifications for Public Works Construction," including all its subsequent
amendments and the latest edition of the "Work Area Traffic Control Handbook."
In the event of conflict, the Special Provisions shall take precedence over the 2014
CAMUTCD. The 2014 CAMUTCD shall take precedence over the plans, and the
plans shall take precedence over the "Standard Specifications."
Traffic control and the traffic plan shall conform to the following:
a. The traffic control plan shall indicate the traffic control requirements
for the different types of work to be performed. The Contractor shall
be responsible for the preparation of plans as necessary for specific
items of work. These plans shall be approved by the City Engineer
prior to the Contractor commencing any work.
b. All traffic controls and safety devices, equipment and materials,
including but not limited to, cones, delineators, flashing warning lights,
barricades, high level warning devices (flag trees), flags, signs,
makers, portable barriers, flashing arrow signs, electronic changeable
message signs and markings shall be provided and maintained in "like
new" condition.
Special Provisions 3000-4
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.
Portable Changeable Message Signs (PCMS) are required forthis
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. At no time shall the Contractor be allowed to reduce the
traveled way to one-way vehicular traffic.
Special Provisions 3000-5
No reduction of the traveled way width shall be permitted between the
hours of 8:30 a.m. and 3:30 p.m., unless otherwise shown in the
approved traffic control plans, or prior authorization to do so is granted
by the City Engineer. No lane closures shall be permitted or allowed
on any City street before 8:30 a.m. and after 3:30 p.m., unless
otherwise shown in the approved traffic control plans, or unless
authorization to do so is granted by the City Engineer. No reduction of
traveled way width shall be permitted on any City street before 8:30
a.m. or after 3:30 p.m., on weekends or holidays, or when active work
is not being done, unless otherwise shown in the approved traffic
control plans, or unless prior authorization to do so is granted by the
City Engineer.
Except as shown in the approved traffic control plans, if traffic lanes
are not kept open for public use on the days, at the times, and in the
manner specified, damage will be sustained by the City and its
residents. Since it is and will be impracticable to determine the
actual damage which the City and its residents will sustain by
reason of Contractor's failure to comply with the special
provisions outlined herein, the City and Contractor agree that
Contractor will pay to the City the sum of $200 per hour for each
and every hour that any traffic lane is not kept open for public
use as required by these special provisions, not as a penalty, but
as predetermined liquidated damages. The Contractor agrees to
pay such liquidated damages as are provided for in this paragraph,
and in case the same are not paid, Contractor agrees that City may
deduct the amount of such liquidated damages from any money that is
due or that may be due the Contractor under the contract.
h. Access to vacant unused property may be restricted at the Engineer's
discretion. Both vehicular and pedestrian access shall be maintained
at all times to all other property except as otherwise specifically
authorized in writing by the City Engineer.
Any traffic control and safety devices and equipment being used
which becomes damaged, destroyed, faded, soiled, misplaced, worn
out, inoperative, lost, or stolen shall be promptly repaired, refurbished
and/or replaced, and any traffic control and safety devices and
equipment being used which are displaced or not in an upright
position from any cause, shall be properly returned or restored to their
proper position.
Special Provisions 3000-6
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.
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.
Special Provisions 3000-7
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.
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.
Special Provisions 3000-8
4.3 Water
The Contractor shall make arrangements with the Coachella Valley Water District to
obtain water from designated fire hydrants at or near the project for use in dust
control. It shall be the responsibility of the contractor to pay for the water and any
deposits required. The cost to furnish and apply water shall be included in the unit
prices for the various items bid and no additional payment will be allowed therefore.
4.4 Permits, Licenses and Inspection Fees
The Contractor shall obtain and pay for all costs incurred for permits, licenses and
inspection fees required by other agencies because his operations. Prior to starting
any work, the Contractor shall be required to have a City of La Quinta Business
License for the life of the contract; his subcontractors shall also have Business
Licenses for the time they are engaged in work. The Contractor will also be
required to obtain a no -cost encroachment permit from the City of La Quinta.
4.5 Air Contaminants
The Contractor shall not discharge smoke, dust or any other air contaminants into
the atmosphere in such quantity as will violate the regulations of any legally
constituted authority.
4.6 Notification
The Contractor shall notify the City, local authorities, and utility companies, of his
intent to begin work at least five days before work is to begin. The Contractor shall
cooperate with local authorities relative to handling traffic through the area including
coordinating with trash collection, school bus schedules, public transportation and
emergency activities.
Three days before work is to begin, the Contractor shall provide written notice
of intent to begin work to all adjacent properties, per Section 4000. The written
notice will be approved by the City prior to issuance and shall include at least
the following information: brief description of the improvements, the name,
address and phone number of the Contractor, and the date and time work is to
begin and finish. Contractor shall update and repost the information in the
event the work is rescheduled.
END OF SECTION
Special Provisions 3000-9
SECTION 4000
DIVISION 4 - TECHNICAL SPECIFICATIONS
1.0 GENERAL REQUIREMENTS
The Standard Specifications as defined in Section 2000 shall govern the work for this
project. All language in the Standard Specifications shall remain in full force and effect,
unless the language in the prevailing Contract Document specifically cites the section
number in the Standard Specification and says said provision is in lieu of that Standard
Specification section.
The project drawings and details are considered as part of these specifications, and any
work or materials shown on the drawings and not mentioned in the specifications, or via
versa, are executed as if specifically mentioned in both.
2.0 MOBILIZATION (BID ITEM No. 1)
Mobilization shall conform to the provisions in Section 7-3.4, "Mobilization" of the
Standard Specifications. Mobilization includes expenditures for all preparatory work and
operations, including but not limited to, those costs necessary for the movement of
personnel, equipment, supplies, and incidental to the project site; for the establishment
of all facilities necessary for work on the project; and for all other work and operations
which must be performed or costs incurred prior to beginning work on the various contract
items on the project site as well as the related demobilization costs anticipated at the
completion of the project.
Mobilization shall be paid for at the Contract Lump Sum Price as shown on the Bid
Schedule. Fifty percent (50%) of the lump sum price will be paid upon successful move
in and completion of mobilization. The remaining fifty percent (50%) shall be paid after
the contractor is completely demobilized and all project sites have satisfactorily been
restored and the project cleanup is completed.
3.0 TRAFFIC CONTROL (BID ITEM No. 2)
Traffic Control shall comply with Standard Specification Section 600 and as modified by
Section 3000-4.1 and these special provisions.
Contractor shall stage work to allow for constant pedestrian access around the
construction. This may require staggered ramp closures. The work area shall be fully
protected from pedestrian access which may require fencing. The use of caution tape tied
to cones is not allowed as a means to close off an area.
Contractor will be responsible to temporarily install the CDBG funding sign and board at
the project site and visible to the public to the satisfaction of the City as specified in
Section 1550 on page 1550-48 of these specifications.
The furnishing, installing, and removal of the project sign shall be paid for under Traffic
Control.
Technical Specifications 4000-1
TRAFFIC CONTROL shall be paid for at the Contract Lump Sum Price as shown on the
Bid Schedule. Monthly payments will be made on a pro -rata basis.
4.0 DUST CONTROL (BID ITEM No. 3)
Dust Control shall comply with Section 3000-4.2.
DUST CONTROL shall be paid for at the Contract Lump Sum Price as shown on the Bid
Schedule. Monthly payments will be made on a pro -rata basis.
4.1 Water Quality Management Plan (NO BID ITEM)
4.1.1 Water Quality Management Plan
Contractors shall comply with the 2014 Whitewater Region Water Quality Management
Plan (WQMP).
Contractor shall be responsible for preparing and for installing post -construction BMPs as
specified per the approved site specific WQMP.
4.1.2 Pam
Payment for compliance with the WATER QUALITY MANAGEMENT PLAN shall be
considered as included in other items of work and no additional compensation will be
allowed therefore.
5.0 CLEARING AND GRUBBING (NO BID ITEM)
Clearing and Grubbing shall conform to the provisions in Section 300-1, "Clearing and
Grubbing", of the Standard Specifications and these Special Provisions:
Contractor shall field verify existing grades and shall accept site as is, for no other grading
shall be performed by the City.
300-1.3 Removal and Disposal of Materials
300-1.3.1 General [Add the following]:
All materials removed shall be disposed of in a legal manner at an appropriate Disposal
Site.
300-1.3.2 Requirements. [Add the following]:
(a) Excess soil, turfgrass and plant material to be removed as indicated in the project
documents.
Technical Specifications 4000-2
(d) Miscellaneous
In addition to the work outlined in Subsection 300-1 of the Standard Specifications,
the following items of work are included under "Clearing and Grubbing" unless
otherwise covered by a specific bid item.
(1) Provide all necessary water for construction activities. The contractor shall
make arrangements with CVWD to obtain construction water meter(s). The
cost of the water meters shall be included in the cost of related items.
(2) Removal of structures, as directed by Engineer to be removed or
abandoned.
(3) Protection of utilities, trees, fences, gates, walls, greens and other facilities
within the construction zone, except those shown on the plans and those
specifically directed by the Engineer to be removed or relocated.
(4) Clearing and removal of debris from the site of work. This includes removal
and legal disposal of structural items, non-structural items, existing fences,
gates, signs, and posts including the associated footings/foundations.
(5) Verification of existing locations and elevations as shown on the plans or
directed by the Engineer.
(6) Provide for the replacement of trees, plants, and hardscape of the same
kind, to the satisfaction of the City whether indicated on the plans or not.
(7) This item shall also be interpreted to include the removal or relocation of
any additional items in conflict with the proposed work not specifically
mentioned herein or covered by specific bid item as directed in the field by
the Engineer, which may be found within the work limits whether shown or
not shown on the plans to be removed or relocated.
300-1.4 Payment. [Add the following]:
Payment for Clearing and Grubbing shall be considered as included in other items of
work and no additional compensation will be allowed therefore.
No payment will be made to the Contractor for Clearing and Grubbing outside the stated
limits, unless such work is authorized in writing by the CITY.
6.0 UNCLASSIFIED EXCAVATION (NO BID ITEM)
Unclassified Excavation shall conform to the provisions in Section 300-2, "Unclassified
Excavation", of the Standard Specifications and these Special Provisions:
300-2.1 General. [Add the following]
Unclassified Excavation shall include excavating, loading, stockpiling, hauling, and
disposing of surplus material and or aggregate base to the subgrade depth indicated on
the plans or as directed by the Engineer. Sawcutting and removal of existing asphalt
concrete pavement, excavation, fills, and compaction, to complete the roadway section,
shall be included in this item of work.
Technical Specifications 4000-3
The areas and quantities shown on the plans or specifications are given only for the
Contractor's aid in planning the work and/or preparing bids. The Engineer shall designate
the limits to be removed and these designated areas shall be considered to take
precedence over the areas shown on the plans. No guarantee is made that areas or
quantities shown will equal the areas or quantities designated by the Engineer.
300-2.6 Surplus Material. [Add the following]:
All surplus materials shall be disposed of in a legal manner at the Contractor's expense.
300-2.9 Payment. [Replace with the following]:
Unclassified Excavation shall be incidental to other removal and construction activities
included with the project and no additional compensation will be allowed therefore.
7.0 COLD MILLING AC PAVEMENT (BID ITEM No. 12)
Cold milling of asphalt concrete pavement shall be in accordance with Section 404 of the
Standard Specifications for Public Works Construction and as modified by these Special
Provisions.
Cold milling of asphalt concrete pavement shall be to the lines shown on the plans,
incorporated exhibits or detail drawings, or as directed by the engineer, and shall comply
with the construction methods set forth in Section 404 of the Standard Specifications for
Public Works Construction.
An area that is cold -milled may not have traffic running on it for more than 9 consecutive
calendar days hours or liquidated damages will be assessed, unless prior approval has
been provided by the City in writing. All cuts (transverse header cuts or longitudinal cuts)
that create a difference in height of a riding surface of 1.0 inches or greater, that will be
open to public traffic, shall be ramped at 4:1 (length: height) or flatter. Contractor must
paint temporary striping or maintain 24/7 traffic control approved by the City within 24
hours of cold -milling.
Small and mini -grinding equipment may be used, if necessary, to access all existing
asphalt concrete areas within the required cold mill limits as shown on the plans and shall
be approved by the Engineer.
Residue from cold milling shall be immediately removed from the roadbed by sweeping,
and shall not be permitted to flow into the gutters or other drainage facilities.
Full Depth Grind Asphalt Concrete Pavement (3"), Compact Existing Base, and
Variable Overlay (3"-4" Overlay) shall be measured and paid for at the contract unit
price bid per Square Foot and shall include full compensation for all labor, materials,
tools, and equipment and for doing all work involved in grinding (cold -milling), excavating,
loading, stockpiling, hauling, and disposing of existing pavement material to the depth
specified and no additional compensation will be allowed therefore.
Technical Specifications 4000-4
8.0 EXSITING TREE REMOVAL (BID ITEM No. 4)
Existing Tree Removal shall conform to the provisions in Section 300-1 "Clearing and
Grubbing", of the Standard Specifications and these Special Provisions:
Existing tree removal shall include sawcutting, excavating, loading, stockpiling, hauling,
and disposing of existing trees as indicated on the plans or as directed by the Engineer.
Trees shall be removed in such a manner as not to injure standing trees, plants, and
improvements which are to be preserved.
Within the limits of clearing, all stumps, roots 1-1/2 inches in diameter or larger, buried
logs, and all other objectionable material shall be removed 3 feet below the existing
ground surface or subgrade, whichever is deeper.
Holes resulting from the removal of trees shall be backfilled with soil from the surrounding
area the same day the tress are removed and compacted to a minimum relative
compaction of ninety percent (90%).
300-1.4 Payment. [Add the following]:
Remove Existing Tree shall be measured and paid for at the contract unit price bid per
Each and shall include full compensation for all labor, materials, tools, and equipment
and for doing all work involved in sawcutting, excavating, loading, stockpiling, hauling,
disposing of existing tree, and no additional compensation will be allowed therefore.
9.0 EXISTING CONCRETE PAVEMENT REMOVAL (BID ITEM No. 5)
Existing Concrete Pavement Removal shall conform to the provisions in Section 401,
"Removal," of the Standard Specifications and these Special Provisions:
Existing concrete pavement removal shall include sawcutting, excavating, loading,
stockpiling, hauling, and disposing of existing concrete sidewalks and driveways as
indicated on the plans or as directed by the Engineer. Sawcutting and removal of existing
concrete pavement shall be included in this item of work. Removals shall be to the nearest
joint as shown on the plans or as directed by the Engineer.
401-7 Payment. [Add the following]:
Sawcut, Remove, and Dispose of Existing Cross -Gutter, Sidewalk, and Ramp shall
be measured and paid for at the contract unit price bid per Square Foot and shall include
full compensation for all labor, materials, tools, and equipment and for doing all work
involved in sawcutting, excavating, loading, stockpiling, hauling, and disposing of existing
concrete pavement material and no additional compensation will be allowed therefore.
Technical Specifications 4000-5
10.0 EXISTING CONCRETE CURB AND GUTTER REMOVAL (BID ITEM No. 6)
Existing Concrete Pavement Removal shall conform to the provisions in Section 401,
"Removal," of the Standard Specifications and these Special Provisions:
Existing concrete pavement removal shall include sawcutting, excavating, loading,
stockpiling, hauling, and disposing of existing concrete curb and gutter material indicated
on the plans or as directed by the Engineer. Sawcutting and removal of existing concrete
curb and gutter shall be included in this item of work. Removals shall be to the nearest
joint as shown on the plans or as directed by the Engineer.
401-7 Payment. [Add the following]:
Sawcut, Remove, and Dispose of Existing Curb & Gutter shall be measured and paid
for at the contract unit price bid per Linear Foot and shall include full compensation for
all labor, materials, tools, and equipment and for doing all work involved in sawcutting,
excavating, loading, stockpiling, hauling, and disposing of existing concrete curb and
gutter material and no additional compensation will be allowed therefore.
11.0 GRADING AND SUBGRADE PREPARATION (NO BID ITEM)
Preparation of the pavement subgrade shall conform to the provisions of Section 301-1,
"Subgrade Preparation," of the Standard Specifications and these Special Provisions.
301-1.3 Relative Compaction. [Replace with the following]:
Relative compaction shall be modified to require 95% relative compaction of the top 12"
of the subgrade in lieu of the 90% allowed under base material, including removal of
aggregate base or subgrade to required depth.
301-1.7 Payment. [Replace with the following]:
Compensation for subgrade preparation shall be deemed to be included in the bid price
of other items, and no additional compensation will be allowed.
12.0 ASPHALT CONCRETE (BID ITEM No. 12)
203-6 ASPHALT CONCRETE
203-6.1 General. [Add the following to the end of the subsection]:
Asphalt concrete shall conform to the provisions of Subsection 200-1, "Rock Products,"
and Subsection 302-5, "Asphalt Concrete Pavement".
The viscosity grade of paving asphalt shall be PG 70-10. The following aggregate
size shall be used.
Asphalt Base Course 3/4" Max. Medium — 2" Total Thickness
Finish Course 1/2" Max. Medium — 1" Total Thickness
Technical Specifications 4000-6
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 1/4 -
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 with a thickness of 2". The finish course shall be Caltrans PG 70-10 with a'/z"
maximum, medium aggregate with a thickness of 1 ". Both the base and finish course shall
be machine placed.
12.3 Sawcutting
Existing asphalt concrete pavement that is to match proposed asphalt concrete
surfacing shall be sawcut to a neat vertical face A minimum two feet (2') sawcut
shall be provided along all existing pavement edges. Existing asphalt concrete
pavement that is unsound, as determined by the City Inspector or City Engineer
shall be removed to limits as required.
Payment for sawcutting is included in the cost of associated items and no
additional payment will be made therefore.
Technical Specifications 4000-7
12.4 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 -1 h
emulsion at a rate of 0.1 0 gallon per square yard applied. The surface shall be
free of water, foreign material, or dust, when the tact coat is applied. To minimize
public inconvenience, no greater area shall be treated in any one day than is
planned to be covered by asphalt concrete during the same day unless otherwise
authorized by the Engineer.
A similar tack coat shall be applied to the surface of any course, if the surface is
such that a satisfactory bond cannot be obtained between it and a succeeding
course.
The contact surfaces of all cold pavement joints, curbs, gutters, manholes, shall
be painted with grade SS -1h emulsified asphalt immediately before the adjoining
asphalt concrete is placed.
Prior to placing the tack coat, any cracks greater than 1/8" shall be cleaned
and treated with weed killer and filled with crack filler (GuardTop or approved
equal). Cracks are to be filled to match existing surface.
Cracks 1 inch in width and wider shall be filled with compacted pea -gravel
and SS grade asphaltic emulsion or hot mix asphalt concrete as directed by
the Engineer so that the sealant does not exceed 1 inch in depth.
Payment for crack sealing, and tack coating shall be included with the A. C.
paving bid item going over it.
12.5 Patching and Repair
1 Damaged, faulty or nonconforming asphalt concrete pavement surfaces shall
be completely removed New asphalt concrete pavement surfacing shall be
placed and compacted to the minimum thickness required, and to smoothly join
the adjacent finished surfaces.
2. Patching with thin overlays will not be permitted unless authorized by the CITY
12.6 Maintenance and Protection
After an area has been released to the Contractor he shall assume complete
responsibility for maintenance and protection responsibilities without the written
authorization of the CITY
Technical Specifications 4000-8
2. All surfaces, structures, manholes, gratings, etc., damaged after the areas have
been released to Contractor, whether such damage was caused by the
Contractor or other contractors working on the site, shall be repaired by the
Contractor at no additional cost to the City, unless the maintenance and
protection responsibilities of the Contractor has been waived in writing by the
CITY.
3. Damaged areas of pavement shall immediately be repaired to protect the
subgrade from surface waters.
4. The pavement thickness specified will not support repeated loading from heavy
construction equipment.
12.7 Warranty
The Contractor shall furnish an unqualified warrantee stating, in writing, that he
will, at no additional cost to the City, repair or replace all bituminous pavement and
aggregate base in any areas that become defective within a period of one year
after completion and acceptance of the work by the City.
12.8 Measurement and Payment, fAdd the following]:
The contract Unit price paid per Square Foot for Full Depth Grind Asphalt
Concrete Pavement (3"), Compact Existing Base, and Variable Overlay (3"-
4") includes full compensation for furnishing all labor, materials, tools, equipment,
and incidentals, and for doing all the work involved in constructing and placing
Asphalt Concrete Pavement, complete in place, including hauling, as shown on
the plans, as specified in the Standard Specifications and these special provisions,
and as directed by the engineer, and no additional compensation will be allowed
therefore.
13.0 CONCRETE AND MASONRY CONSTRUCTION (BID ITEMS No. 7-11)
Concrete construction shall conform to Section 201, "Concrete, Mortar, and Related
Materials," and Section 303, "Concrete and Masonry Construction," of the Standard
Specifications and these Special Provisions.
Curing compound shall be in accordance with the City of La Quinta Standard Plan
Number 200.
Preparation of existing native subgrade in areas where Portland Cement Concrete
improvement will be constructed shall conform with Section 301-1, "Subgrade
Preparation," of the Standard Specifications.
Concrete inspections shall be made with three separate actions per section 1400
unless otherwise waived by the City: subgrade preparation; forming; and pouring.
Technical Specifications 4000-9
201-1 PORTLAND CEMENT CONCRETE
201-1.1 Requirements
201-1.1.2 Concrete Specified by Class and Alternate Class (Add the following:)
Construction Class Slump
Sidewalks, curbs and gutters, curb ramps, local depressions 560-C-3250 5"
Driveways, Driveway Aprons, Cross Gutters & Spandrels 560-C-3250 5"
Concrete surrounding manhole, cleanouts, and vault frames. 560-C-3250 5"
201-1.2 Materials
201-1.2.1 Cement (Delete the first paragraph and add the following:)
The cement to be used or furnished shall be Type V Portland Cement conforming to
ASTM C150, unless otherwise specified.
13.1 Concrete Curbs, Walks, Gutters, Cross Gutters, Access Ramps, & Driveways
Concrete Curb, Gutter, Curb Transition, Sidewalk, Ribbon Gutter, Curb Ramp, and
Driveway, shall conform to the provisions in Section 303-5, of the Standard Specifications
and these Special Provisions.
303-5.1.1 General. [Add the following paragraph]:
Concrete curbs, walks, gutters, cross gutters, access ramps, and driveways shall conform
to the Standard Specifications as modified herein.
Immediately after finishing operations are completed, Type II clear concrete curing
compound shall be applied at the rate of one gallon per 150 square feet.
All pull boxes, water meter boxes, valve boxes and other utilities indicated on the plans
shall be adjusted to the proposed finish grade and approved by the City prior to the
placement of concrete.
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.
Technical Specifications 4000-10
The actual finish surface of the handicap ramp shall be medium broom finish. The ramp
shall match, as appropriate, the curb & gutter, and shall provide minimum and maximum
cross -slopes from the back of curb to the sidewalk, as required by the appropriate
Standards and Specifications.
The grooved border shall not be placed on the ramps.
303-5.5.4 Gutter. [Add the following]:
Prior to acceptance of the curb and gutter constructed by the Contractor, a flow test shall
be conducted by the Contractor in the presence of the Engineer. Any new work found to
be defective shall be repaired or replaced by the Contractor in accordance with
Subsection 303-5.7 of the Standard Specifications.
303-5.9 Measurement and Payment. [Add the following to this section]:
Payment for Construct Curb and Gutter Per City of La Quinta STD 201 shall be at the
contract bid price per Lineal 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.
Payment for Construct Sidewalk per City of La Quinta STD 240 Mod. shall be at the
contract unit bid price per Square Foot and shall include full compensation for providing
this item of work, complete in place, including required hand work, and no additional
compensation will be allowed.
Sidewalks shall be measured for payment from the back of curb to the back of the
sidewalk. The width of the curb shall not be measure for payment for sidewalks.
Sidewalk shall include the adjustment of any traffic signal pull boxes, including the
replacement of traffic signal pull boxes if necessary.
Payment for Construct Cross -Gutter per City of La Quinta STD 230 Mod. and 231
Mod. shall be at the contract bid price per Square Foot and shall include full
compensation for providing this item of work, complete in place, including required hand
work, and no additional compensation will be allowed. The curb shall be paid for under
curb ramp bid item.
Payment for Construct Concrete Curb Ramps (Case per Bid Schedule) per City of
La Quinta STD 250 Mod. per Plan shall be at the contract bid price per Square Foot
and shall include full compensation for providing this item of work, complete in place,
including required hand work, and no additional compensation will be allowed. The ramp
pay item shall include the truncated domes, the portion of the ramp within the sloped
transitions, the retaining curb, and the curb and gutter as shown per plan. The limits are
from BCR to ECR.
Technical Specifications 4000-11
The Contractor shall furnish and install truncated domes at the location shown in the
plans. All dome panels shall be yellow in color. The domes shall conform to the City
of La Quinta Standard Details Number 250 Mod. All panels shall be wet -set concrete tiles.
Glue down mats will not be allowed.
14.0 LANDSCAPING AND IRRIGATION (BID ITEM No. 13)
Remove and replace landscaping and irrigation shall conform to Section 800 of the
Standard Specifications and these Special Provisions.
The Contractor will be required to remove and replace plant/turf material to the existing
condition to the furthest extent possible to the daylight line and as indicated in the plans,
to the satisfaction of the City of La Quinta. In addition, the Contractor will be responsible
for capping and reestablishing the irrigation and grade for the landscaping in the indicated
areas.
Decomposed granite shall match existing decomposed granite to the furthest extent
possible and to the City of La Quinta's satisfaction.
The contract Lump Sum price Modify Ex. Landscape, Hardscape & Irrigation As
Needed includes full compensation for furnishing all labor, materials, tools, equipment,
and incidentals, and for doing all the work involved in removing and replacing landscaping
and irrigation, complete in place, including importing soil, hauling, legal disposal, adjusting
irrigation pull boxes, relocating irrigation pull boxes, grading, plant establishment, placing
decomposed granite to match, providing and installing plants, irrigation system, as
specified in the Standard Specifications, these special provisions and as directed by the
engineer, and no additional compensation will be allowed therefore.
15.0 STRIPING (BID ITEM No. 14)
Removing and painting striping and pavement markings shall conform to the provisions
in Section 84-1, "General," and 84-2, "Traffic Stripes and Pavement Markings," of the
State Standard Specifications and these special provisions.
15.1 Remove Traffic Stripes and Pavement Markings
Traffic pavement markings shall be completely removed as shown on the plans. This is
necessary to eliminate "ghosting" of the old striping and markings. Removals shall be to
satisfaction of City.
The removal of traffic pavement markings shall be accomplished by grinding.
Sand -blasting shall be used with prior City approval only. A minimum of 3 passes with the
grinder, per stripe, is required. Removal shall be to a maximum depth of 1/10". Removal
depth may exceed 1 /10" only when necessary to effectively remove paint. Contractor shall
sweep up immediately following striping removals and prior to relocating to next location.
Obliteration of stripes or pavement markings by applying black paint or asphalt emulsion
is not an approved removal method.
Technical Specifications 4000-12
It shall be the responsibility of the contractor to properly dispose of the residue from
removal of striping and pavement markings.
Payment for Striping and Marking Removal shall be included in the Lump Sum Unit Price
of Signing and Striping, Including All Incidentals and shall include full compensation
for furnishing all labor, materials, tools, equipment and incidentals, and for the work
involved in removal of the existing striping and markings, complete and in place, as
specified in these Specifications and the Special Provisions, and no additional
compensation will be allowed therefore.
15.2 Refresh Existing Striping
Refreshing existing striping and pavement markings shall conform to the provisions in
Section 84-1, "General," and 84-2, "Traffic Stripes and Pavement Markings," of the State
Standard Specifications and these special provisions.
Contractor shall refresh the existing crosswalk on all legs. Existing striping shall be
refreshed with one coat with glass beads and shall match existing striping detail.
Payment for Striping and Marking Refresh shall be included in the Lump Sum Unit Price
of Signing and Striping, Including All Incidentals and shall include full compensation
for furnishing all labor, materials, tools, equipment and incidentals, and for the work
involved in refreshing the crosswalk, complete and in place, as specified in these
Specifications and the Special Provisions, and no additional compensation will be allowed
therefore.
15.3 Striping and Pavement Markings
The CONTRACTOR shall furnish the necessary control points for all striping and
markings and shall be responsible for the completeness and accuracy thereof to the
satisfaction of the ENGINEER.
The CONTRACTOR shall perform all layout, alignment, and stripping layout for traffic
stripes and markings. Traffic striping shall not vary by more than '/2 inch in 50 feet from
the alignment shown on the plans. The dimensional details of the stripes and markings
shall conform to the provisions set forth in the California Manual on Uniform Traffic Control
Devices (CAMUTCD)available from Caltrans.
STRIPING LAYOUT — Striping Layout shall be completed prior to the removal of any
existing stripes or markings. Existing stripes and markings shall be removed prior to
painting new ones, but in no case shall any section of street be left without the proper
striping for more than 24 hours, or over weekends or holidays.
No striping or painting work shall start until the ENGINEER has specifically approved the
striping layout markings. Existing striping and markings, if any, shall be removed prior to
painting new, but in no case shall any section of street be left without the proper striping
for more than 24 hours, or over the weekends or holidays.
Technical Specifications 4000-13
MATERIALS - Materials shall conform to the provisions in Section 84 - "Markings," of the
State Standard Specifications and these Special Provisions. All traffic striping and
pavement markings in un -slurried areas shall be one coat of paint with glass beads unless
otherwise approved by the CITY Engineer. Markers to be installed with 2nd coat. 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,
by Ennis Flint, or approved equal.
2. High Performance Water Borne, Rapid Dry,
by Ennis Flint, or approved equal.
3. High Performance Water Borne, Rapid Dry,
by Ennis Flint, or approved equal.
White — Hight Build Traffic Paint
Black — High Build Traffic Paint
Yellow — High Build Traffic Paint
All lines, legends, crosswalks, limit lines, and shapes shall be paint. Words and arrows
shall include the following: SCHOOL, SIGNAL, AHEAD, XING, RIGHT, KEEP, CLEAR,
LEFT, LANE, STOP, ONLY, MALL, BIKE, YIELD, PARKING T's, MPH, 25, 35, 45, & 50
and shall include the following arrow types: TYPE I, II, III. IV, V, VI, VII, VIII, Yield Arrows,
and Bike Lane. (Per CALTRANS Standard Plan A24A, A24B and A24C).
Crosswalk lines, stop limit lines, and chevrons are considered as pavement markings.
The paint for concrete curbs shall be the following, or an approved equal:
1. High Build Traffic Paint by Ennis Flint Red
2. High Build Traffic Paint by Ennis Flint Green
3. High Build Traffic Paint by Ennis Flint Blue
All paint shall meet SCAQMD Rule 1113.
Payment for Striping and Pavement Markings shall be considered as included in the
Lump Sum bid for Signing and Striping, including all Incidentals and shall include full
compensation for furnishing all labor, materials, tools, equipment and incidentals and for
doing all the work involved in traffic stripes, and pavement markings, including
establishing alignment for stripe and layout work as shown on the plans and as required
in the Specifications.
16.0 TRAFFIC SIGNS (BID ITEM No. 14)
16.1 Remove/Relocate Roadside Sign
Existing roadside signs, shall be removed and replaced as shown on the plans.
Contractor shall verify that the existing roadside signs to be relocated/replaced meet the
current standards and requirements set forth for installing new signs as outlined in section
`Install Roadside Signs' in these special provisions. If the existing roadside sign does not
meet these standards the non-standard portion shall be removed and replaced.
Technical Specifications 4000-14
Existing roadside signs at locations shown on the plans to be removed shall not be
removed until replacement signs have been installed or until the existing signs are no
longer required for direction of public traffic, unless otherwise directed by the ENGINEER.
16.2 Install Roadside Sign
Roadside signs shall be installed at the locations shown on the plans or as directed by
the CITY and shall conform to the provision in Section 56-2 "Roadside Signs," of the State
Standard Specifications, the retro -reflective requirements now included in the 2014
CAMUTCD and these Special Provisions.
This item of work also includes replacing an existing sign on a mast arm with a new sign
per the project plans.
New signs shall be installed using metal posts set at a minimum of 30 -inch depth
in a minimum 12 -inch square PCC, except as specified otherwise, the metal post
shall be 2" square galvanized steel "qwik-punch" with 30" breakaway base and 18"
sleeve. The length of the metal post shall be sufficient to extend from the top of the
sign to 30 -inches below the top of the concrete footing and provide a 7 —foot
clearance between the finished grade at the parking space and the bottom of the
sign. The depth of the concrete footings shall be sufficient to extend at least 6 -
inches below the bottom of the posts. 1/4 -inch expansion paper shall be placed
between the sign foundation and sidewalk. Pneumatic installation as approved.
16.3 Measurement and Payment
The contract Lump Sum price paid for Signing and Striping, Including All Incidentals
includes full compensation for furnishing all labor, materials (including metal posts), tools,
equipment, and incidentals, and for doing all the work involved in removing, relocating,
replacing, and installing new traffic signs on posts or signals, complete in place, including
the installation of sign panels, footings, removal of footings, as shown on the plans, as
specified in the Standard Specifications and these special provisions, and as directed by
the engineer, and no additional compensation will be allowed therefore.
Technical Specifications 4000-15
APPENDIX A
ESCROW AGREEMENT FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
(3 PAGES)
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:
Pursuant to Section 22300 of the Public Contract Code of the State of California,
Contractor has the option to deposit securities which meet the requirements set forth in
said Section 22300, with Escrow Agent, as a substitute for retention earnings required to
be withheld by City pursuant to the Construction Contract entered into between City and
Contractor for Project No. 2023-07 and CDBG Project No. 4.LQ.48-23, Citywide
Miscellaneous ADA 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 1
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:
Title
Name
Signature
Address
On Behalf of Contractor:
Title
Name
Signature
Address
Appendix A Page 2
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:
Title
Name
Signature
CONTRACTOR:
Title
Name
Signature
Appendix A Page 3
APPENDIX B
STANDARD PLANS
(19 PAGES)
STREET CLASSIFICATION
TRAFFIC
INDEX
AC
THICKNESS
BASE
THICKNESS
c&r4#
STANDARD
PLAN No.
195
No.
DATE
AUGMENTED MAJOR ARTERIAL
TI =9
5.5"
6.5
MAJOR ARTERIAL
TI = 9
5.5"
6.5
PRIMARY ARTERIAL
TI = 8
4.5"
6"
SECONDARY ARTERIAL
TI = 7.5
4"
6"
COLLECTOR STREET
TI = 7
4"
5"
LOCAL (RESIDENTIAL) STREET
TI = 6
3"
4.5'
PARKING LOT DRIVE AISLE
TI = 6
3"
4.5
PARKING BAYS
TI = 5.5
3"
4.0"
NOTES:
1. ASPHALT CONCRETE THICKNESS SHOWN IN THIS TABLE IS THE MINIMUM ALLOWABLE THICKNESS FOR THE
RESPECTIVE STREET CLASSIFICATION. ASPHALT CONCRETE (AC) AND CRUSHED AGGREGATE BASE (CAB)
THICKNESS IS BASED ON AN ASSUMED SOIL RESISTANCE VALUE (R -VALUE) GREATER THAN, OR EQUAL TO,
50 FOR THE SUBGRADE SOIL UNDER THE STRUCTURAL SECTION. IF THE ACTUAL TESTED R -VALUE FOR
THE SUBGRADE SOIL IS BELOW 50, THE STRUCTURAL SECTION MUST BE INCREASED. CONTRACTOR
SHALL PROVIDE SOIL TEST(S) (NO LATER THAN THREE DAYS PRIOR TO BASE PLACEMENT) TO CONFIRM
STREET AND PARKING LOT SECTIONS. THE CITY ENGINEER SHALL APPROVE THE ACTUAL SUBGRADE R
-VALUES AND FINAL STREET SECTION PRIOR TO BASE PLACEMENT. THE STRUCTURAL SECTION SHALL BE
CALCULATED UTILIZING A 20 -YEAR DESIGN LIFE IN ACCORDANCE WITH CHAPTER 6 OF THE CALTRANS
HIGHWAY DESIGN MANUAL (www.dot.ca.gov).
2. ALL ROADWAY AND PARKING LOT GRADES SHALL BE COMPACTED TO A MINIMUM OF 95% RELATIVE
COMPACTION PER ASTM SPECIFICATION D1557 AT THE UPPER 1 FT OF FINISHED SUBGRADE. ALL
ROADWAY AND PARKING LOT GRADES ON ENGINEERED FILL SHALL BE COMPACTED TO A MINIMUM OF 95%
RELATIVE COMPACTION PER ASTM SPECIFICATION D1557 AT THE UPPER 3 FT OF FINISHED SUBGRADE.
COMPACTION TESTING SHALL BE EVERY 200 LINEAR FT. OF ROADWAY OR DRIVE AISLE (TYP.).
3. CLASS 2 BASE OR CRUSHED AGGREGATE BASE IS TO BE UTILIZED FOR ALL PAVEMENT SECTIONS. ONSITE
RECYCLED BASE OR EQUAL IS ALLOWABLE SUBJECT TO CITY ENGINEER APPROVAL. NO CRUSHED
MISCELLANEOUS BASE IS ALLOWABLE.
4. ASPHALT CONCRETE 'PAVING, EXCEPT FOR OVERLAYS, SHALL BE INSTALLED IN TWO (2) OR MORE
COURSES WITH MIX DESIGNS THAT CONFORM TO LATEST EDITION OF SECTION 400 OF THE STANDARD
SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (SSPWC) "GREENBOOK" NOTED AS FOLLOWS:
WEARING COURSE (UPPER COURSE): IIIA-C2-PG70-10
BASE COURSE (LOWER COURSE): IIIB-B3-PG70-10
WEARING COURSE SHALL BE 0.1 FEET THICK OR 1.2 INCHES THICK (MINIMUM); INCLUDING GRIND AND
OVERLAY INSTALLATIONS; THE BASE COURSE(S) SHALL CONTAIN THE BALANCE OF THE REQUIRED
ASPHALT CONCRETE THICKNESS. A SINGLE 3 INCH LIFT OF WEARING COURSE IS ALLOWABLE IN PARKING
STALL LOCATIONS CONDITIONAL ON A PRE -APPROVED CITY EQUIVALENT WEARING/BASE SECTION.
RUBBERIZED ASPHALT IS NOT ALLOWED WITHOUT PRIOR CITY ENGINEER APPROVAL.
REVISIONS
DEPARTMENT OF PUBLIC WORKS'i��
ENGINEERING DIVISION
c&r4#
STANDARD
PLAN No.
195
No.
DATE
APPROVED BY:
- 9 tilt -IV,
MIN. STRUCTURAL SECTION
FOR ASPHALT CONCRETE
PAVEMENT
R -VALUE >_ 50
SHEET
1 OF1 .
'MoR. JO AS .E' DATE
Poblx Work DI ctor Zo meer
R.C.E. No.4
NOTES:
1. USE B AGGREGATE GRADATION WHEN PLACING CONDITIONS PERMIT. FLY ASH USE IS NOT ALLOWABLE, EXCEPTING
USE OF CLASS F FLY ASH FOR SPECIAL EXPOSURE CONCRETE FOR CORROSIVE SOIL CONDITIONS PER TABLE 201-1.2.5
OF THE 2006 GREENBOOK
2. CORROSIVE SOIL IN CONTACT WITH CONCRETE (HIGH SULFATES, HIGH CHLORIDES AND/OR LOW RESISTIVITY) SHALL
UTILIZE CONCRETE MIX SPECIFICATION. APPROVED CORROSIVE SOIL ISOLATION METHODS SHALL INCLUDE CONCRETE
INSTALLATION ON CRUSHED AGGREGATE BASE (CAB) OR CLASS II BASE. _
3. USE CLASS II BASE OR CRUSHED AGGREGATE BASE (CAB) PER STANDARD PLAN OR STREET SECTION. NO CRUSHED
MISCELLANEOUS BASE UNLESS SPECIFIED BY PLAN AND CITY ENGINEER. SIDEWALK, CURB AND GUTTER PLACEMENT
ON 6 INCH MINIMUM, 90% COMPACTED NATIVE PER ASTM D1557 OR PER SPECIFIC SOILS ENGINEER RECOMMENDATION
AS APPLICABLE.
4. PREMOLDED Yz" THICK EXPANSION FELT PER CITY STANDARD 208 SHALL BE INSTALLED AT INTERVALS NO GREATER
THAN 30 FT, FOR ALL TYPES OF CONCRETE FLAT WORK AND CURB/GUTTER, INCLUDING AT THE B.C. AND E.C. OF CURB
RETURNS, AT Y4 DELTA INTERVALS AT ALL RETURNS, AS WELL AS AT THE ENDS OF DRIVEWAYS AND AT ADJOINING
STRUCTURES. EXPANSION FELT TO INCLUDE WOOD CAP FOR ALL FLATWORK AND NOT REQUIRED AT CURB AND
GUTTERS. JOINTS IN SIDEWALKS TO BE IN ALIGNMENT WITH THOSE IN THE CURB & GUTTER WHEN THE TWO ARE
ADJACENT. DEEP SCORE, Y16" WIDE WEAKENED PLANE JOINTS ( 1 Y" INCH DEEP FOR CURB & GUTTER, 1 INCH DEEP ALL
OTHERS) SHALL BE INSTALLED AT 10 FT INTERVALS PER CITY STANDARD 208. WEAKENED PLANE JOINTS SHALL BE.
FINISHED WITH A Y4 INCH RADIUS EDGING TOOL. POLYETHYLENE SHEETING (1 MIL OR GREATER THICKNESS) OR
EQUIVALENT BOND BREAKER SHALL BE PLACED AT ALL BACK OF CURB/FLATWORK INTERFACES, INCLUDING STAMPED
.CONCRETE MEDIANS.
5. ALL DRIVEWAYS AND DRIVEWAY APPROACHES SHALL BE A MINIMUM OF 6 INCHES THICK. ALL SIDEWALKS SHALL BE A
MINIMUM OF 4 INCHES THICK WITH SIDEWALKS AND OTHER FLATWORK SUBJECT TO VEHICULAR TRAFFIC A MINIMUM OF
61NCHES THICK. -
6. NEW CONCRETE SPLICES OR CONNECTIONS TO EXISTING CONCRETE SHALL HAVE #4 REINFORCING STEEL DOWELS
INSTALLED A MINIMUM OF 31NCHES INTO EXISTING AND NEW CONCRETE OR EQUIVALENT. KEY OF A MINIMUM OF 4
INCHES.
7. COLORED CONCRETE SHALL BE CURED WITH W.R. MEADOWS VOCOMP-20 WATER BASED ACRYLIC CURING AND
SEALING COMPOUND OR EQUAL.
REVISIONS T� 4 � STANDARD
•
DEPARTMENT OF PUBLIC WORKS PLAN No.
No. DATE ENGINEERING DIVISION
APPROVED BY: J
CONCRETE ///���00
TIMOTHY O A SON, P.E. .DATE
SPECIFICATIONS
ISHEETPublic Works Dir r/CiryEngineer
R.C.E. No. 45643
CONCRETE
MAXIMUM
IMPROVEMENT TYPE
CLASS
SLUMP
(SEE NOTES BELOW)
(INCHES)
CONCRETE PAVEMENT
520-A-2500
3"
CURB, INTEGRAL CURB AND PAVEMENT, GUTTER, SIDEWALK, CURB RAMPS
520-C-2500 or
4„
520 -C -2500P
EXTRUDED CURB, CURB & GUTTER
520-C-2500
2"
DRIVEWAYS, DRIVEWAY APRONS, CROSS GUTTERS & SPANDRELS
560-C-3250 or
5" or 4"
565 -C -3250P
RESPECTIVELY
PIPE COLLARS, MANHOLES, CATCH BASINS, SIDEWALKS CULVERTS
560-C-3250 or
5" or 4"
565 -C -3250P
RESPECTIVELY
TRENCH BACKFILL SLURRY (2 SACK SLURRY)
100-E-100
5"
TRAFFIC SIGNAL FOUNDATIONS, SURVEY MONUMENTS
565-A-3500
4"
FENCE AND GUARDRAIL POST FOUNDATIONS
500-C-2500
5"
CONCRETE NOT OTHERWISE SPECIFIED
560-C-3250 or
5' or 4"
565 -C -3250P
RESPECTIVELY
NOTES:
1. USE B AGGREGATE GRADATION WHEN PLACING CONDITIONS PERMIT. FLY ASH USE IS NOT ALLOWABLE, EXCEPTING
USE OF CLASS F FLY ASH FOR SPECIAL EXPOSURE CONCRETE FOR CORROSIVE SOIL CONDITIONS PER TABLE 201-1.2.5
OF THE 2006 GREENBOOK
2. CORROSIVE SOIL IN CONTACT WITH CONCRETE (HIGH SULFATES, HIGH CHLORIDES AND/OR LOW RESISTIVITY) SHALL
UTILIZE CONCRETE MIX SPECIFICATION. APPROVED CORROSIVE SOIL ISOLATION METHODS SHALL INCLUDE CONCRETE
INSTALLATION ON CRUSHED AGGREGATE BASE (CAB) OR CLASS II BASE. _
3. USE CLASS II BASE OR CRUSHED AGGREGATE BASE (CAB) PER STANDARD PLAN OR STREET SECTION. NO CRUSHED
MISCELLANEOUS BASE UNLESS SPECIFIED BY PLAN AND CITY ENGINEER. SIDEWALK, CURB AND GUTTER PLACEMENT
ON 6 INCH MINIMUM, 90% COMPACTED NATIVE PER ASTM D1557 OR PER SPECIFIC SOILS ENGINEER RECOMMENDATION
AS APPLICABLE.
4. PREMOLDED Yz" THICK EXPANSION FELT PER CITY STANDARD 208 SHALL BE INSTALLED AT INTERVALS NO GREATER
THAN 30 FT, FOR ALL TYPES OF CONCRETE FLAT WORK AND CURB/GUTTER, INCLUDING AT THE B.C. AND E.C. OF CURB
RETURNS, AT Y4 DELTA INTERVALS AT ALL RETURNS, AS WELL AS AT THE ENDS OF DRIVEWAYS AND AT ADJOINING
STRUCTURES. EXPANSION FELT TO INCLUDE WOOD CAP FOR ALL FLATWORK AND NOT REQUIRED AT CURB AND
GUTTERS. JOINTS IN SIDEWALKS TO BE IN ALIGNMENT WITH THOSE IN THE CURB & GUTTER WHEN THE TWO ARE
ADJACENT. DEEP SCORE, Y16" WIDE WEAKENED PLANE JOINTS ( 1 Y" INCH DEEP FOR CURB & GUTTER, 1 INCH DEEP ALL
OTHERS) SHALL BE INSTALLED AT 10 FT INTERVALS PER CITY STANDARD 208. WEAKENED PLANE JOINTS SHALL BE.
FINISHED WITH A Y4 INCH RADIUS EDGING TOOL. POLYETHYLENE SHEETING (1 MIL OR GREATER THICKNESS) OR
EQUIVALENT BOND BREAKER SHALL BE PLACED AT ALL BACK OF CURB/FLATWORK INTERFACES, INCLUDING STAMPED
.CONCRETE MEDIANS.
5. ALL DRIVEWAYS AND DRIVEWAY APPROACHES SHALL BE A MINIMUM OF 6 INCHES THICK. ALL SIDEWALKS SHALL BE A
MINIMUM OF 4 INCHES THICK WITH SIDEWALKS AND OTHER FLATWORK SUBJECT TO VEHICULAR TRAFFIC A MINIMUM OF
61NCHES THICK. -
6. NEW CONCRETE SPLICES OR CONNECTIONS TO EXISTING CONCRETE SHALL HAVE #4 REINFORCING STEEL DOWELS
INSTALLED A MINIMUM OF 31NCHES INTO EXISTING AND NEW CONCRETE OR EQUIVALENT. KEY OF A MINIMUM OF 4
INCHES.
7. COLORED CONCRETE SHALL BE CURED WITH W.R. MEADOWS VOCOMP-20 WATER BASED ACRYLIC CURING AND
SEALING COMPOUND OR EQUAL.
REVISIONS T� 4 � STANDARD
•
DEPARTMENT OF PUBLIC WORKS PLAN No.
No. DATE ENGINEERING DIVISION
APPROVED BY: J
CONCRETE ///���00
TIMOTHY O A SON, P.E. .DATE
SPECIFICATIONS
ISHEETPublic Works Dir r/CiryEngineer
R.C.E. No. 45643
R 3/8" ROADBED WIDTH TO THIS POINT i
i
i
6" 11/2" SURFACING
R 1" i
i
2% —r- 24" i
i
i
a 6" CURB FACE '
D 3/8" i
D o D I R 314'
P p
12 1/2" `
a n n n n n•
D D D D D D
D ID •D ID •D D
a LEVEL LINE
31 1/2"
CLASS "C" CONCRETE
1.601 CU. FT. / L.F.
1 CU. YD. = 16.86 L.F.
MINIMUM PERMISSIBLE GRADE IS 0.50% UNLESS
SPECIFIC APPROVAL IS GIVEN BY THE CITY ENGINEER
PRIOR TO DESIGN.
Cl
O
N
O
Z
O
H
H
U
cc
REVISIONS:
APPROVED
08/21/01
CHRIS A. VOGT
CITY ENGINEER
RCE 44250
211
NOTE: IF AN EXIST. EXPANSION JOINT
IS 10' OR LESS AWAY FROM THE
DIMENSIONED JOINT, REMOVE
EXIST. CURB TO THE EXIST.
EXPANSION JOINT IN LIEU OF
THE SAW CUT.
4� •
4 -CP Qum1praCU
O
k'
6 " CURB AND GUTTER
STANDARD
201
SHEET 1 OF 1
L
0
N
O
Z
C -1H
co
GUTTER
EXPANSION I
JOINT '
A-.�- - I
10'-0"
rCURSHACE
WEAKENED PLANE I _
JOINT '
B -
10'-0"
TOP
OF
SUR
WEAKENED PLANE
JOINT
TYPICAL PLAN VIEW
REVISIONS:
APPROVED
08/21/01
CHRIS A. VOGT
CITY ENGINEER
RCE 44250
o�
F
t3 >
c�'voe cx o
TOP OF FILLER
1/4" BELOW
SURFACE
v r
° • R 1/4" R 1/4' ° •
v v o v
' D• vD vD• v'
• PREMOLDED
v p 4 EXPANSION v
D • v D •
• JOINT FILLER
o .
V. • v
112" —►i Imo -
SECTION "A—A"
EXPANSION JOINT
EXPANSION JOINTS TO BE INSTALLED AT
ALL B.C.'S, E.C.'S, CURB RETURNS, AND
STRUCTURES.
3/1
1 1/2 "
v v e
v a p v v p v v D v
°. a
SECTION 'B—B"
WEAKENED PLANE JOINT
10' INTERVAL BETWEEN TRANSVERSE JOINTS
MAY BE VARIED TO ALLOW MATCHING OF
JOINTS IN ADJACENT EXISTING INMPROVEMENTS.
CURB AND GUTTER JOINTS
STANDARD
SHEET 1 OF 1
VARIABLE
R
is
RIGHT OF 1NAYof
ls' 'E
-------- ;' d
1 r
VARIABLE VARIABLE
mile Doi
--- -- TYPE "A-8' OR "A -W i
CURB AND GUTTER
URB FACE CURB FACE
UTTER GUTTER;
DP OF CURB TOP OF CURB r r
9 'SOO'
+i 10.
, a14�,.
14 i, �------
•Q14
�it7� ,rfff&
14�
W4 QB -
CROSS GUTTER FOR USE WTH TYPES "A-5- AND 1"" CURB.
APRON T1410MESS To BE r m1N1MUM,
9 CROW 13 UTTER THICKNESS TO BE B" MINIMUM.
a CUM -C" CONCRETE
PLACE W SASE UNDER ENTIRE SPANDREL AREA.
WEAKEN€D PLANE JOINTS TO BE CONSTRUCTED AT 113 POINTS ON 2S RADIUS SPANDRELS, AND AT 114 POINTS ON 35'
RADIUS SPANDREL&
7 CONSTRUCT WEAKENED PLANE JOENT(S] PER STANDARD 0209 AT MIDPOINT OF CROSS GUTTERS LESS THAN 40' LONG,
OR AT 113 POINTS OF CROSS GUTTERS OF 417 OR LONGER.
'PHIS PORTION OF SPANDREL AND CROSS GUTTER SHALL HAVE AN ADDITX)NA . 8 INCHES OF CLASS 08" CONCRETE.
�9 CONSTRUCT EXPANSION JOINT PER STANDARD # 208.
1fl CONSTRUCT WEAKENED PLANE JOINT PER STANDARD* 20a.
1 CONSTRUCT CROSS GUTTER PER STANDARD#231.
REVISIONS:
APPROVED
OB 2'! 01 STANDARD
CHRIS A. VOGT 230
CITY ENGINEER
RCE 44250 CROSS GUTTER LAYOUT
SHEET 1 OF i
10'
rL
5' 5'
1 1 y" MIN. 1..
SURFACING %4' LIP 2 Y2" MAX.
I %4 LIP SURFACING
_LEVEL LINE41
6" MIN. MIN.
MIN.
��� ��� III-II_IIF=1 I
6" MIN. CAB MATERIAL 6" MIN.
SUB GRADE 95% COMPACTED CONCRETE PER
PER ASTM D1557 CITY STD. 200
10 FT. CROSS GUTTER
rL
SURFACING X" LIP 2" MAX. SURFACING
Y14" LIP
LEVEL LINE T
N
•" MI �'yii�..c! �1�i'�iYi6" MIN. -.•iii.. •g��,[�. 1'��iNi�t"°•i�l.��is�{:I�1��:I�-
2
CAB
• CONCRETE • 11 `• • MATERIAL% COMPACTED
PER ASTM D1 557
• FT. CROSS
/ •.-•
•
DEPARTMENT OF • • I i 1r.
T
Q
0
z
0
a
17
U
VARIFS
rl
annnQ1=n %nnn-ru
V m
SIDEWALK
ALL CONSTRUCTION SHALL BE CLASS FFCFFCONCRETE.
Mr)TF-
AGGREGATE BASE OR APPROVED SELECT MATERIAL WHEN
SOILS REPORT INDICATES PRESENCE OF EXPANSIVE
SOIL CONDITIONS.
REVISIONS:
APPROVED
08/21/01
CHRIS A. VOGT
CITY ENGINEER
RCE 44250
3 +~j...�...
•
Qu
a
FC"F'OF'FH VV°
SIDEWALK AND CURB
STANDARD
240
SHEET 1 OF 1
a
x
Lu
Lu
ACCESS RAMP
!� 1
cc
/J
EXP JT EXP JT _ SCR _ U
1
WPJ
TREE WELL
I
WPJ
WPJ WPJ
UTILITY POLE
CURB _
EXP JT
WFJ
GUTTER
IL
'i—
� 4 s
EL � a
DRIVEWAY
W F J = WEAKENED PLANE JOINT
EXP JT - EXPANSION JOINT
BCR = BEGINNING OF CURB RETURN
ECA - END OF CURB RETURN
NTE S
1. WFAXENED PLANE JI4INTS SHALL BE USED FOR ALL JOINTS, EXCEPT EXPANSION JCHNTS
SHALL BEPLACED IN CURB, GUTTER AND SIDEWALK AT THE BCP AND ECR, AND AROUND
JTILITY POLES LOCATED IN SIDEWALK AREAS.
2. CURB AND GUTTER SMALL BE CONSTRUCTED SEPARATELY FROM SIDEWALK.
3. WEAKENED PLANE JOINTS SHALL BE CONSTRUCTED AT REGULAR INTERVALS, NOT
EXCEEDING 14 FEET IN WALKS OR 20 FEET IN GUTTERS. WALK AND CURB JOINTS
SHALL BE ALIGNED.
-PROPERTY
LINE
EXP JT 1 11 EXP JT IECA
z 1 I ACCESS AA
ff7
Q
d.
REVISIONS:
APPROVED
08/21 /O1
CHRIS A. VOGT
CITY ENGINEER
RCE 4425'0
a7 s
SOF TNL
CL
3:
0.
3
CURB SIDEWAUK JOINTS
STANDARD
241
SHEET 1 OF 1
SEE SHEET 8 OF 8 FOR NOTES APRON WIDTH TABLE - W
TABLE Y W RAMP TYPE
CF Y" 4' STANDARD PEDESTRIAN
CURB FACE (FT)LINKED TO
8" 10.53' 61
MULTI-PURPOSE TRAIL
* 'Y' SHALL NOT EXCEED 10.53', UNLESS APPROVED BY THE CITY ENGINEER
SCALE REVISIONSJ, i,J�` . DESIGN AND DEVELOPMENT STANDARD
N FS Na QATE
DEPARTMENT PLAN NO.
E TO
SINGLE RAMP
EXPANSION JOINT
4' MIN LANDING
RADIUS < 35'
(SEE STD- N0.208)
WEAKENED PLANE JOINT
(SEE NOTE 6)
CURE RAMP
CASE A
'.z DELTA BCR WASHED EXPOSED AGGREGATE
FOR RAMPS LINKED TO
ire MULTI-PURPOSE TRAIL
�-
EXPANSION JOINT
Rq 24" MIN. CURB WITHIN MARKED
i 1 ��
CROSSWALK (SEE NOTE 8)
(SEE STD. NO. 208)
SEE TABLE "X" ON SHEET B
WHEN SIDEWALK IS AT
THE RIGHT-OF-WAY
A —�
OR WHEN MEANDERING U
Y°
W
"X" CROSSWALK
45°
Y
4 MIN. N q
WEAKENED PLANE JOINT
0
(SEE NOTE 5)
w
CURB AND GUTTER DETAILS
10'MINv RAMP CONSTRUCTION SHALL
PER STD. NO. 201 OR 202
12'_4 INCLUDE CURB AND GUTTER AND
24" MIN. CURB WITHIN MARKED
—
SIDEWALK FROM BCR TO ECR
CROSSWALK (SEE NOTE 8)
TRUNCATED DOME CONCRETE TILE
DETAIL STD. 250, SHEET 7 OF 8
4'
Y (SEE TABLE Y BELOW)" 4' MIN.
SEE MOTE 4
SEE NOTE 1
2' 2'
3'
TOP OF —
MAX.
DETECTABLE RAMP ROUNDED
FLUSH 7\
WARNING I
(SEE NOTE 3)/
2% PVMT.-
5% MAX.
-- ---
SEE NOTE 7
COLD JOINT
TRUNCATED DOME CONCRETE TILE DETAIL
STD. 250, SHEET 7 OF 8
SECTION A A
SEE SHEET 8 OF 8 FOR NOTES APRON WIDTH TABLE - W
TABLE Y W RAMP TYPE
CF Y" 4' STANDARD PEDESTRIAN
CURB FACE (FT)LINKED TO
8" 10.53' 61
MULTI-PURPOSE TRAIL
* 'Y' SHALL NOT EXCEED 10.53', UNLESS APPROVED BY THE CITY ENGINEER
SCALE REVISIONSJ, i,J�` . DESIGN AND DEVELOPMENT STANDARD
N FS Na QATE
DEPARTMENT PLAN NO.
r
�J
2BRYAK'MCKIINNEY.P.E.
APPROVED BY:
��ZL n_2� S
CURE RAMP
CASE A
SHEET
1 OF 8
DATE
City Eng+noor
R.0 -F. No. 49418
SINGLE RAMP
REVISIONS
EXPANSION JOINT
& TO t
RADIUS 525'
N0.
(SEE STD. NO. 208)
CURB AND GUTTER DETAILS
SEE PROFILE
APPROVED BY-
PER STD. NO. 201 OR 202
SHEET 6 OF 8
ET
8
:E2F
6RY MCFLENNEY, P. GATE
Engpnor
R. C. E.Nac49478
s2 DELTA BCR
4' MIN. LANDING
WEAKENED PLANE JOINT
L�11�
(SEE NOTE 6)
,� W-ja.
24" MIN. CURB WITHIN MARKED
_
CROSSWALK {SEE NOTE 8}
P
SEE TABLE "X" ON SHEET 6
1 �• $9
EXPANSION JOINT
{SEE STD. NO- 208}
x" CROSSWALK
Lu
—77
X.
Y
4' MIN. LANDING
4 IN. O
p,
WEAKENED PLANE JOINT
0:
O
SEE NOTE 6)
1Q'M!N
RAMP CONSTRUCTION SHALL
24" MIN. CURB WITHIN MARKED
12'
INCLUDE CURB AND GUTTER AND
CROSSWALK (SEE NOTE 8)
SIDEWALK FROM BCR TO ECR
TRUNCATED DOME CONCRETE TILE
DETAIL STD. 250, SHEET 7 OF 8
4 CONSTRUCT RETAINING
SEE NOTE 4 CURB UNLESS
OTHERWISE SPECIFIED
2' 2' 3' 4" MIN.
MAX. DETECTABLE
FLUSH WARNING
{SEE NOTE 3} 2%
2% P, VMT.
COLD JOINT J SEE NOTE 7
TRUNCATED DOME CONCRETE TILE DETAIL
STD, 250. SHEET 7 OF 8
SECTION A -A
SEE SHEET 8 OF 8 FOR NOTES
SCALE
NTS
REVISIONS
/�&h, 4`r .
`�(��_j W
DESIGN AND DEVELOPMENT
DEPARTMENT
STANDARD
PLAN NO.
250
N0.
DATE
,r
7
Sc 4
i.,�.
�E`VOF•ll'�
APPROVED BY-
CURB RAMP
CURB
CASE BCity
ET
8
:E2F
6RY MCFLENNEY, P. GATE
Engpnor
R. C. E.Nac49478
"DOUBLE RAMP EXPANSION JOINT
RADIUS z 35' (SEE STD, NO. 248)
Y2 DELTA
8CR
EXPANSION JOINT
(SEE STD. NO. 208)A.
.
WHEN SIDEWALK IS AT A
THE RIGHT-OF-WAY
OR WHEN MEANDERING Vf A"—\ ,.
W
4' MIN LANDING —J
CURB AND GUTTER DETAILS
PER STD. NO. 201 OR 202
24" MIN, CURB WITHIN MARKED
CROSSWALK (SEE NOTE 8)
TRUNCATED DOME CONCRETE TILE
DETAIL STD. 250, SHEET 7 OF 8
4'
SEE NOTE 4
2' 2'
y MAX. ��~ -
FLUSH
(SEE NOTE: 3)
2% PVMT.
COLD JOINT
J
Q
O
U
10'MIN
4' MIN LANDING
SEE TABLE "Y" BELOW
SEE TABLE "X" ON SHEET 6
CROSSWALK
A
WEAKENED PLANE JOINT
(SEE NOTE 6)
WASHED EXPOSED AGGREGATE
FOR RAMPS LINKED TO
MULTI-PURPOSE TRAIL
RAMP CONSTRUCTION SHALL.
INCLUDE CURB AND GUTTER AND
SIDEWALK FROM BCR TO ECR
Y (SEE TABLE Y BELOW)- 4' MIN.
SEE NOTE 1
3'
' TOP OF
DETECTABLE RAMP ROUNDED
WARNING
SEE NOTE 7
TRUNCATED DOME CONCRETE TILE DETAIL
STD. 250, SHEET 7 OF 8
SECTION A -A
TABLE Y SEE SHEET 8 OF 8 FOR NOTES APRON WIDTH TABLE - W
CF Y`
$" 7.90' Y = CURB FACE (FT)
6.33%
8" 90.53'
'Y' SHALL NOT EXCEED 10.53', UNLESS APPROVED BY THE CITY ENGINEER
ELIMINATE ONE RAMP IF NO FUTURE PATH OF TRAVEL EXIST
SCALE REVISIONS cedy 4
NTS No. DATE
APPROVED BY:
1311YAN MCKINNEY, P.E.
DATE
City Engineer
R.C.E. No. 49418
W RAMP TYPE
4' STANDARD PEDESTRIAN
6' LINKED TO
MULTI-PURPOSE TRAIL
DESIGN AND DEVELOPMENT STANDARD
DEPARTMENT I PLAN NO.
CURB RAMP 250
CASE C SHEET
3 OF 8
"DOUBLE RAMP
REVISIONS
6' TO RL
RADIUS ? 35'
EXPANSION JOINT
No.
SEE PROFILE
(SEE STD, NO. 208)
SHEET 6 OF 8
17 DELTA
BCR
24" MIN. CURB WITHIN MARKED
CROSSWALK (SEE NOTE 8)
_
DELrq
SEE TABLE "X" ON SHEET 6
SHEET
4 OF 8
8R N MCKINNEY, P.E. DATE
Cify Engoneer
R,C.E. Na 49418
4' MIN. LANDING
Y
EXPANSION JOINT
(SEE STD. NO. 208)
A
,
CROSSWALK
CURB AND GUTTER
DETAILS PER
a
STD. NO. 201 OR 202
WEAKENED PLANE JOINT
4,Mxa.
(SEE NATE 6}
�
TRUNCATED DOME CONCRETE TILE Aco
DETAIL STD. 250, SHEET 7 OF 8 U)
RAMP CONSTRUCTION SHALL
If
INCLUDE CURB AND GUTTER AND
SIDEWALK FROM BCR TO ECR
10'MIN
4' CONSTRUCT RETAINING -
y
CURB UNLESS
SEE NOTE 4
OTHERWISE SPECIFIED
2' 2' I 3' 4"MIN.
MAX. ~ ~ DETECTABLE
FLUSH WARNING
(SEE NOTE 3) 2%
5% 4" IN.
COLD JOINT SEE NOTE 7
TRUNCATED DOME CONCRETE TILE DETAIL
STD- 250, SHEET 7 OF 8
SECTION A -A
SEE SHEET 8 OF 8 FOR NOTES
" ELIMINATE ONE RAMP IF NO FUTURE PATH OF TRAVEL EXIST
SCALE
NTS
REVISIONS
A �r ,
`fir j�� W
DESIGN AND DEVELOPMENT
DEPARTMENT
STANDARD
PLAN NO.
250
No.
DATE
'~
s
••� y
c
of
APPROVED BY:
J
CURB RAMP
CASED
SHEET
4 OF 8
8R N MCKINNEY, P.E. DATE
Cify Engoneer
R,C.E. Na 49418
0" C. F.
4
C -F.
FULL HEIGHT
VARIES 5' MIN.
5' MIN. VARIES
�R
TRUNCATED DOME
CONCRETE TILE DETAIL
STD. 250, SHEET 7 OF 8
R --
C_F-
FULL HEIGHT
ml1IIpii�l
- 4' MIN.
LANDING
-
C. F.
FULL HEIGHT
(6' FOR 6" C. F.)
(8' FOR 8" C.F.)
BCR t
0" C.F.
4' Y (SEE TABLE Y BELOW)' 4' MIN.
SEE NOTE 4 SEE NOTE 1
2' 2' 3'
TOP OF
MAX, DETECTABLE RAMP ROUNDED
FLUSH WARNING 1
{SEE NOTE 3) -
2% PVMT.
5% q
SEE NOTE 7
COLD JOINT TRUNCATED DOME CONCRETE TILE DETAIL
STD. 250, SHEET 7 OF 8
SECTION A -A
SEE SHEET 8 OF 8 FOR NOTES
TABLE Y
CF Y"
6' 7.90' Y = CURB FACE (FT)
6.33%
8" 10.53'
" 'Y' SHALL NOT EXCEED 10.53', UNLESS APPROVED BY THE CITY ENGINEER
SCALE REVISIONSJ, �.-�""r . DESIGN AND DEVELOPMENT STANDARD
NTS No. DATE Sep
DEPARTMENT PLAN NO.
APPROVED BY: ^ 5 0
r-� x
CURB RAMP
`J U
CASE E & CASE F SHEET
BRYAN MCIUNNEY, P.E. DATE
C
CifyEngimer
DF'{' R.C.E. No. 49418 OF
A 12 (CASE 6)
A 14 (CASE D)
r
x w x
SHORT APRON LONG (15' MAX)
CASE B & D
RADIUS
CF {!N} (FT)
SIDE
SLOPE
x
PLAN NO.
TC GRADE
ALONG CURB RETURN
CURB RAMP
1% 2% 3% 4% 5%
6%
6" 35'
-
10%
xs
4.6
4.2
3.9 3.6 3.4
3.2
k 5.6 6.3 7.2 8.4 10.0
12.5
8" 35'
10%
Xs
6.1
5.6
5.2 4.8 4.5
4.2
XL 7.5 8.4 9.6 11.2 13.4
15.0
TABLE - X
TO CALCULATE "X"
SHORT SIDE (DOWN SLOPE):
Xs tFT) = CURBFACE (FT)
SIDE SLOPE + TC GRADE
LONG SIDE (UP SLOPE):
XL (FT) = CURBFACE [FT]
SIDE SLOPE - TC GRADE
ENGINEER TO SHOW Xs AND X, ON IMPROVEMENT PLANS
SCALE REVISIONS 4--
NTS No. DATE
APPROVED BY:
o- MCKINNEY, P. DATE
City Engineer
P
R. CE. Na 49,418
DESIGN AND DEVELOPMENT
STANDARD
DEPARTMENT
PLAN NO.
250
CURB RAMP
SHEET
6OF8
CONTRAST BORDER WIDTH >_ 4" TYP (1" MIN. PER CBC)
LIGHT -ON -DARK OR DARK -ON -LIGHT
AT INTERIOR AND PERIMETER JOINTS
USE STABILIZED POLYMERIC BEDDING
SAND JOINT WIDTH < J8"
ISOMETRIC VIEW
NOT TO SCALE
11.813"
1.125"
I�►r 2.3" - 2.4" 1.125" ---1
O 0
O O O 0
65" MIN
OO O O 0 11.813"
A A
000 O
2.3"-2.4"
O O O O
rONCRETE TILE DETECTABLE WARNING DOMES
CONCRETE TILE DETECTABLE
WARNING DOMES, IN-LINE PATTERN
(WAUSAU TILE, TYPE 2, SERIES
U4008, A-40 FED YELLOW, OR EQUAL)
LATEX THIN -SET
MORTAR BED
PER MANUFACTURER'S
RECOMMENDATION
4" CONCRETE
(SEE NOTE 7)
6" CLASS II BASE OR CAB
BELOW CURB RAMP AREA
(SEE STANDARD 200, NOTE 3)
20"
.45"
r.�
Z.. ,
SECTION A -A
SCALE: 1"=l"
IN-LINE PATTERN SCALE: 3"=1'-0"
(WAUSAU TILE, TYPE 2, SERIES U4008, A-40 FED YELLOW, OR EQUAL)
SCALE REVISIONS „!,_r� DESIGN AND DEVELOPMENT STANDARD
y�,�,jj,� PLAN NO.
VARIOUS No. DATE 4 DEPARTMENT
APPROVED BY:
&jp_%K:>e
7/6/22
BRYAN MCKINNEY, P.E. DATE
City Engineer
R.C.E. No. 49418
TRUNCATED DOME 225
CONCRETE TILE
DETAIL SHEET
7OF8
CONSTRUCTION NOTES:
1, IF DISTANCE FROM CURB TO BACK OF SIDEWALK IS TOO SHORT TO ACCOMMODATE RAMP AND 4
FOOT LANDING, THEN USE THE CASE "B" RAMP,
2. IF SIDEWALK IS LESS THAN 6 FEET WIDE, THE FULL WIDTH OF THE SIDEWALK SHALL BE DEPRESSED
AS SHOWN IN CASE B. MINIMUM SIDEWALK WIDTH IS 4 FEET FROM BACK OF CURB.
3. TRANSITIONS FROM RAMPS TO WALKS, GUTTERS, OR STREETS SHALL BE FLUSH AND FREE OF
ABRUPT CHANGES.
4. MAXIMUM SLOPES OF ADJOINING GUTTERS: THE ROAD SURFACE IMMEDIATELY ADJACENT TO THE
CURB RAMP AND CONTINUOUS PASSAGE TO THE CURB RAMP SHALL NOT EXCEED 5% WITHIN 4
FEET OF THE BOTTOM OF THE CURB RAMP.
5. RAMP SIDE SLOPE VARIES UNIFORMLY FROM A MAXIMUM OF UP TO 10% AT CURB TO CONFORM
WITH LONGITUDINAL SIDEWALK SLOPE ADJACENT TO TOP OF THE RAMP (EXCEPT IN CASE 'B' RAMP).
6. CONSTRUCT EXPANSION JOINTS AT Y4 AND 3/4 DELTAS WHEN RADIUS EQUALS 35 FEET, AND
RADIALLY IF ANGLE POINT OCCURS.
7, CONCRETE SPECIFICATION PER CITY STANDARD 200 - CONCRETE SPECIFICATIONS
8. DIAGONAL CURB RAMPS WITH FLARED SIDES SHALL HAVE A SEGMENT OF CURB 24 INCHES LONG
MINIMUM LOCATED ON EACH SIDE OF THE CURB RAMP AND WITHIN THE MARKED CROSSING
DETECTABLE WARNING NOTES:
1, TRUNCATED DOMES SHALL BE WAUSAU TILE, TYPE 2, SERIES U4008 OR EQUAL (A-40 FED YELLOW),
IN-LINE, PRE -CAST CONCRETE TILES AND GROUTED IN PLACE. NO SURFACE APPLIED DOME MATS
ARE ALLOWED. USE STABILIZED POLYMERIC BEDDING SAND AT TRUNCATED DOME TILES AT
INTERIOR AND PERIMETER JOINTS. JOINT WIDTH < %$'.
2. CURB RAMPS REQUIRE DETECTABLE WARNING DOMES FOR THE FULL WIDTH AND THREE (3) FEET IN
DEPTH OF THE CURB RAMP SLOPE FROM THE CURB LINE WITHIN THE PUBLIC RIGHT-OF-WAY.
3. PRIVATE (ONSITE) TRUNCATED DOME INSTALLATION TO EXTEND FULL WIDTH AND DEPTH OF RAMP
PER CALIFORNIA BUILDING CODE, EXCLUDING PRIVATELY FUNDED SINGLE FAMILY RESIDENCES.
4, THREE RUNNING FEET OF TRUNCATED DOMES AT FLUSH CURB INSTALLATIONS ARE REQUIRED FOR
HAZARDOUS VEHICULAR AREAS. BOLLARDS ARE UTILIZED FOR PEDESTRIAN PROTECTION AT FLUSH
CURB RETURNS OR EQUIVALENT FACILITIES AS APPROVED BY THE CITY ENGINEER.
5. SUBMIT CONCRETE DOME TILE AND POLYMERIC BEDDING SAND SPECIFICATIONS OR SAMPLES TO
THE CITY FOR APPROVAL PRIOR TO INSTALLATION.
6. THE DETECTABLE WARNING SURFACE SHALL BE LOCATED SO THAT THE EDGE NEAREST THE CURB
LINE IS 6" FROM THE CURB FACE.
7. MATCH ALL TILE CORNERS SUCH THAT ALL TRUNCATED DOME TILES ALIGN AND MAINTAIN DOME
DIMENSIONAL SPACING_ TRUNCATED DOME TILES SHALL BE ALIGNED PARALLEL WITH RAMP SLOPE
DIRECTION. TRUNCATED DOME TILES CUT TO MATCH RETURN RADIUS. GRIND EDGE TO AVOID TRIP
HAZARD, AS REQUIRED.
SCALE
REVI510NS�,�+��
�1N
`eitit 4
DESIGN AND DEVELOPMENT
STANDARD
PLAN NO.
No.
DATE
NIS
DEPARTMENT
APPROVED BY'
CURB RAMP
2500
c�
►�J�
7�6�22
CONSTRUCTION
• :u�
NOTES
SHEET
BRYAN MCISINNEY, P.E. DATE
City Engineer
13.C.E. No. 49416
g OF
11►11111111111111111111111111111111111
111f1�1111111111111�1111111111�111111111�1�
11►1111111111111111111111111111'llllllllll
111111111111' 11111111.111 111111111111111
IIIIIIIIIIIIIIIII IIIIIIIIJ1111111111
1111111111111111111111111111111111111111111 �� 1
111111111111' 1111111111111111111111111111111111
111111111111111111111111111111111111111111
Inml,�llllln�lll�lll�llnunlll�lnlnlul ..
111'�'nl�nll�'llllllnnllnlll�lllnlul
A-43 ft2
A=35 ft2
A=42 ft2
d
A=31 ft2
A=24 ft2
y"�^{y-W'^^'/ TOTAL PROJECT SHEETS
aEGIST�D CIVIL ENGINEER
e Wan
May 1 , 2023 ce2oss
PLANS A PROVAL DATE
P xP 3-31-24
THE STALE OF CAL IFORN/A OR /TS �FTCEFS p CMI
H
LAGENTS SNALL LL AESPLwS/B[E FA9
COP/ES OFAIHTSXPLCA�N�SE,r. 55 OF SCAMIED �LE'pC CeuC ,
1 1
A=23 ft2 A=19 ft2
A=24 ft A-26 ft2 A-21 ft2
A=32 ft2
NOTES:
1. If a message consists of more than one word, it must read "UP",
i.e., the first word must be nearest the driver.
2. The space between words must be atleast four times the height of
the characters for low speed roads, but not more than ten times
the height of the characters. The space may bereduced appropriately
where there is limited space because of local conditions.
3. Minor variations in dimensions may be accepted by the Engineer.
4. Portions of a letter, number or symbol may be separated by
connecting segments not to exceed 2" in width.
A=22 ft2 A=18 ft2
A-10 ft2
WORD MARKINGS
1
A=6 ft2 � �-I
ITEM
ft2
z
ITEM ftITEM
ftz
ITEM
ft 2
XING
21
YIELD 24 BIKE
5
PEP
18
AHEAD
31
SCHOOL 35 SLOW
23
COMPACT
10
WAIT
19
SIGNAL 32 STOP
22
RUNAWAY
43
CAN
6
TURN 24 LEFT
19IVEHICLESI
42
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
PAVEMENT MARKINGS
WORDS
NO SCALE
Return to Table of Contents
Return to Table of Contents
'-0" 1'-0"
Typ AS q Typ
I-Ti-i-�S° RED
N f\,NQS/y REFLECTIVE
Typ
�l
Typ
WHITE SERIES
OF ISOSCELES
TRIANGLES
Dist COUNTY ROUTE POST
{y"w'�^'� TOTAL
REGIST��C_L ErvGIrvEER
May 1, 2023Y�3
APPROVAL DATE
ACI LES SHEET TOTAL
PROJECT . SHEETS
wovsss�aNq
wan
o cezoss
331-24
N
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`Y/""� `Y/""�
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VV V V V
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rNE Aca�acr cw car�Ercixss of scaNNco �' a ce��s n
cavi s aF rxi vuN sheer.
®
TRIANGLES
1
WHEN RECESSED,
USE ONE MARKERiw
c,
T
'^
(RE1
REFLECTIVE
o / AT THIS Locnno"
YIELD LINE AT EXIT RAMP
1'-0"
BLANK
1 � _
(Markers are not recessed)
TYP
I
q5 Qs�
YIELD LINE
AT EXIT RAMP
LEGEND:
1
11��0
4'-0" '� II J RED
n TYP \ / REFLECTIVE
(Markers are recessed)
TYPE R ONE-WAY RED
® RETRO REFLECTIVE MARKER
N
Q
ni
2'-0"
BLANK
W
® ® �,
1'-0" WHITE LINE
y
1'-0"
4 1'-0" LI 2'-0"
LIMIT LINE OR CROSSWALK
a
RED
REFLECTIVE
a
®
LIMIT LINE STOP LINE AT EXIT RAMP
( )
4"°"
n BLANK
a
Px%
(Markers are not recessed)
Typ
}r
CTI
o
u
v
NOTE:
LIMIT
LINE (STOP
LINE) AT EXIT RAMP
® ®
o n
1. :f there is crosswalk at the end of the exit ramp, place Type R
markers in front ofthe first line for wrong way vehicle that travels
up the ramp with the red reflective side facing the intersection.
(Markers are recessed)
3T%'41�," m
i
a
Z
�
a
Q
'-O" TO 2'-0"
LIMIT LINE (STOP LINE) WHITE LINE
A=33 ft2
TYPE R
TYPE Y ARROW AT EXIT RAMPo"
z'-o"
Ty P TYP
MARKER DETAILS
V V \7 Vb a \\�\\ � F IS SCE
®
RE TROREFLECTIVE FACE ON
BACKSIDE
_V V TRIANGLE SLES
STATE OF CALIFORNIA
ENT OF
TRANSPORTATION
4DEPART"
PAVEMENT
MARKINGS
YIELD LINES,
LIMIT LINES
YIELD LINE
AND WRONG
WAY DETAILS
NO SCALE
A 24G
Return to Table of Contents
SINGLE POST INSTALLATION
POST SIZE Max AREA (SQUARE FEET) OF SIGN SLEEVE SIZE
2" x 2" x 12 Ga 110.8 1 8.9 1 7.6
1 6.6
1 5.9
1 5.3
1 4.8 21/" x 21/" x 7 Go
21/2" x 21/2" x 10 Go 20 18 16
14
12
1 11
1 10 1 3" x 3" x 7 Go
HEIGHT TO CENTER OF SIGN
SINGLE POST GROUND SIGNS 5'-0" 6'-0" 7'-0"
100 MPH WIND SPEED
8'-0"
9'-0"-
PAVED SURFACE
PERFORATED SQUARE
STEEL TUBE (PSST)
SIGN POST
%6" Dia HOLE �\
0� , f"CENTER TO CENTER
Q 0
Q 0
0
SQUARE STEEL
ANCHOR SLEEVE
(SEE NOTE 4)
DRIVE RIVET
(SEE NOTE 2) ` q
DRIVE RIVET
Dia HOLES (SEE NOTE 2)
(4 REQUIRED
1 -EACH SIDE)
SEE DETAIL "A"
SIGN POST
FINISHED GRADE (SEE NOTE 1)
OR GROUND LINE
7 13/4" Min
TO 21/4" Max
ox R
x f4
x-
-ANCHOR SLEEVE
(SEE NOTE 4)
� N
o UNREINFORCED
p CONCRETE FOOTING
GRAVEL
MUM
Dia
ANCHOR SLEEVE IN
UNPAVED SURFACE
SIGN
THE STd E OF CAL/F(WN% GW /TS OFF/LEES
oa Ace rs sNALL /mr eE aEsvo sreLE Eoa
THE ACCU9ACY Q9 C[gMLETENE55 OF SCANNED
COP/Es OE TNTs P[AN sNEET.
TO ACCOMPANY PLANS DATED —
NOTES:
1. The sign post shall have �T/6" diameter perforations 1" on center
on all four sides for the full length.
2. Use two drive rivets to fasten assembled sign and sign post into Q
anchor sleeve. Install drive rivets or fastener alternative into N
the sides facing traffic.
3. All steel sign posts and anchor sleeves shall be galvanized.
4. All anchor sleeves shall be embedded in PCC. m
5. For details not shown, see Standard Plans RS1 and RS2. C
6. Steel post: fy = 60 ksi (n
M
v
a
Z
v
ANCHOR SLEEVE
v
SIGN PO A Z
RIVET
%" DRIVE RIVET 11 J TI� \ \ HU IM
N
SEE NOTE 2— rr ISA
1ca
FASTENER FASTENER ALTERNATIVE v'
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
ROADSIDE SIGN
PSST POST
TYPICAL INSTALLATION
DETAILS No. 1
NO SCALE
RSP R 5 DATED JANUARY 22, 2024 SUPERSEDES STANDARD PLAN R
DATED MAY 1, 2023 - PAGE 443 OF THE STANDARD PLANS BOOK DATED 2023
REVISED STANDARD PLAN RSP RS5
SEE DETAIL
"A"
SIGN POST
(SEE NOTE 1)
PAVED SURFACE
3/4" Min
T
— T
c
TO 21/4" Max
x
I J
xN
ANCHOR SLEEVE
(SEE NOTE 4)
p
UNREINFORCED
0
p
CONCRETE FOOTING
GRAVEL
Dia
ANCHOR SLEEVE IN
PAVED SURFACE
PERFORATED SQUARE
STEEL TUBE (PSST)
SIGN POST
%6" Dia HOLE �\
0� , f"CENTER TO CENTER
Q 0
Q 0
0
SQUARE STEEL
ANCHOR SLEEVE
(SEE NOTE 4)
DRIVE RIVET
(SEE NOTE 2) ` q
DRIVE RIVET
Dia HOLES (SEE NOTE 2)
(4 REQUIRED
1 -EACH SIDE)
SEE DETAIL "A"
SIGN POST
FINISHED GRADE (SEE NOTE 1)
OR GROUND LINE
7 13/4" Min
TO 21/4" Max
ox R
x f4
x-
-ANCHOR SLEEVE
(SEE NOTE 4)
� N
o UNREINFORCED
p CONCRETE FOOTING
GRAVEL
MUM
Dia
ANCHOR SLEEVE IN
UNPAVED SURFACE
SIGN
THE STd E OF CAL/F(WN% GW /TS OFF/LEES
oa Ace rs sNALL /mr eE aEsvo sreLE Eoa
THE ACCU9ACY Q9 C[gMLETENE55 OF SCANNED
COP/Es OE TNTs P[AN sNEET.
TO ACCOMPANY PLANS DATED —
NOTES:
1. The sign post shall have �T/6" diameter perforations 1" on center
on all four sides for the full length.
2. Use two drive rivets to fasten assembled sign and sign post into Q
anchor sleeve. Install drive rivets or fastener alternative into N
the sides facing traffic.
3. All steel sign posts and anchor sleeves shall be galvanized.
4. All anchor sleeves shall be embedded in PCC. m
5. For details not shown, see Standard Plans RS1 and RS2. C
6. Steel post: fy = 60 ksi (n
M
v
a
Z
v
ANCHOR SLEEVE
v
SIGN PO A Z
RIVET
%" DRIVE RIVET 11 J TI� \ \ HU IM
N
SEE NOTE 2— rr ISA
1ca
FASTENER FASTENER ALTERNATIVE v'
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
ROADSIDE SIGN
PSST POST
TYPICAL INSTALLATION
DETAILS No. 1
NO SCALE
RSP R 5 DATED JANUARY 22, 2024 SUPERSEDES STANDARD PLAN R
DATED MAY 1, 2023 - PAGE 443 OF THE STANDARD PLANS BOOK DATED 2023
REVISED STANDARD PLAN RSP RS5