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Specifications Project 2016-03Ita Qwkra CALIFORNIA - BID DOCUMENTS SPECIFICATIONS �� -� � :zap x� � � t;•�z�� r:��a� i LA QUINTA LANDSCAPE RENOVATION IMPROVEMENT — CACTUS FLOWER 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: November 9, 2023 -6474,ltj�9 BRYAN McKINNEY, -r7-.Lf PUBLIC WORKS DIRECTOR/ CITY ENGINEER R.C.E. No. 49418 Exp Date: 09/30/24 November 2023 TABLE OF CONTENTS DIVISION 1 - BIDDING AND CONTRACT REQUIREMENTS PAGE 1100 Invitation to Bid 1100-1 1110 Instructions to Bidders 1110-1 1.0 Work to be Done 1110-1 2.0 Examination of Contract Documents 1110-1 3.0 Inspection of Site 1110-1 4.0 Interpretation of Contract Documents 1110-2 5.0 Postponement of Opening 1110-2 6.0 Opening of Bids 1110-2 7.0 Preparation of Bid Forms 1110-3 8.0 Bidder's Signature and Authority 1110-3 9.0 Erasures 1110-4 10.0 Bid Irregularities 1110-4 11.0 Modification of Bid 1110-4 12.0 Withdrawal of Bids 1110-4 13.0 Addenda 1110-4 14.0 Bid Prices 1110-4 15.0 Bid Guaranty 1110-5 16.0 Qualification of Bidder 1110-5 17.0 Subcontractors 1110-5 18.0 Bidders Interested in More Than One Bid 1110-6 19.0 Sheeting, Shoring, and Bracing 1110-6 20.0 Wage Rates 1110-6 21.0 Offer of Assignment of Antitrust Actions 1110-7 22.0 Assignment of Contract 1110-7 23.0 Rejection of Bids 1110-7 24.0 Contract and Bonds 1110-7 25.0 Award of Contract 1110-7 26.0 Execution of Contract 1110-8 27.0 Construction Documents 1110-8 28.0 Bid Protest 1110-8 29.0 Compliance with Iran Contracting Act of 2010 1110-9 30.0 Compliance with California Executive Order N-6-22 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 1280-1 Certification 1300 Contract 1300-1 1310 Performance Bond 1310-1 1320 Payment Bond 1320-1 1330 Workers' Compensation Insurance Certificate 1330-1 1340 Liability and Insurance Requirements 1340-1 1.0 Indemnification 1340-1 2.0 Insurance Requirements 1340-2 2.1 General 1340-2 2.2 Insurance 1340-3 2.3 Remedies 1340-5 2.4 General Conditions 1340-5 2.5 Change in Terms 1340-8 1400 General Conditions 1400-1 1.0 General 1400-1 1.1 Intent of Contract Documents 1400-1 1.2 Discrepancies and Omissions 1400-1 1.3 Headings 1400-2 1.4 Penalty for Collusion 1400-2 1.5 Successors and Assigns 1400-2 1.6 Assignment to City 1400-2 1.7 Rights and Remedies 1400-2 1.8 Definitions 1400-2 2.0 Administration 1400-7 2.1 Administration of the Contract 1400-7 2.2 City Engineer 1400-8 2.3 Consultants 1400-8 3.0 City 1400-8 3.1 General 1400-8 3.2 Attention to Work 1400-8 3.3 Inspection 1400-9 3.4 City's Right to Carry Out the Work 1400-9 3.5 City's Right to Perform Work and to 1400-9 Award Separate Contracts 4.0 Contractor 1400-10 4.1 Office 1400-10 4.2 Contractor's Representative 1400-10 4.3 Construction Procedures 1400-10 4.4 Contractor's Employees 1400-10 4.5 Subcontractors 1400-11 4.6 Contractor's Equipment and Facilities 1400-11 4.7 Public Safety and Convenience 1400-11 4.8 City -Contractor Coordination 1400-11 4.9 Permits 1400-12 4.10 Contractor's Responsibility for the Work and Material 1400-13 4.11 Laws to be Observed 1400-13 4.12 Safety 1400-16 5.0 Control of Work and Material 1400-18 5.1 Means and Method 1400-18 5.2 City -Furnished Materials 1400-18 5.3 Defective and Unauthorized Work 1400-19 5.4 Unnoticed Defects 1400-19 5.5 Right to Retain Imperfect Work 1400-19 6.0 Progress of the Work 1400-19 6.1 Beginning of Work 1400-19 6.2 Time of Completion 1400-20 6.3 Delays 1400-20 6.4 Time Extensions 1400-21 6.5 Temporary Suspension of Work 1400-23 6.6 Termination of Contract 1400-23 7.0 Changes in Scope of Work 1400-24 7.1 Change Orders 1400-24 7.2 Differing Site Conditions 1400-25 7.3 Resolution of Disputes 1400-26 8.0 Project Modifications Procedures 1400-29 8.1 Changes in Contract Price 1400-29 8.2 Negotiated Change Orders 1400-30 8.3 Force Account Payment 1400-31 8.4 Time Extensions for Change Orders 1400-34 9.0 Payment 1400-34 9.1 Scope of Payment 1400-34 9.2 Partial Payments 1400-35 9.3 Partial Payments - Inclusion of Material on Hand 1400-35 9.4 Right to Withhold Amounts 1400-36 9.5 Substantial Completion 1400-37 9.6 Final Inspection and Payment 1400-38 9.7 Warranty of Title 1400-39 1500 Supplemental General Conditions 1500-1 1.0 City Engineer 1500-1 2.0 Consultants 1500-1 2.1 Design Engineer 1500-1 2.2 Materials Testing 1500-1 2.3 Survey 1500-1 3.0 Liquidated Damages 1500-1 4.0 Submittals 1500-2 DIVISION 2 - GENERAL PROJECT REQUIREMENTS 2000 General 2000-1 1.0 Standard Specifications 2000-1 1.1 Alternative Specifications 2000-1 2.0 Standard Plans 2000-1 2.1 Alternative Guidance 2000-1 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 2000-2 4.3 Time Impact Analysis 2000-4 4.4 Weekly Activities Plan 2000-4 4.5 Cash Flow Projection 2000-4 4.6 Lump Sum Price Breakdown 2000-4 5.0 Special Controls 2000-4 5.1 Dust Control 2000-4 5.2 Noise Abatement 2000-5 5.3 Working Hours 2000-5 5.4 Drainage Control 2000-5 5.5 Construction Cleaning 2000-5 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 2000-6 7.1 General 2000-6 7.2 Notification and Location 2000-7 7.3 Damage and Protection 2000-7 7.4 Utility Relocation and Rearrangement 2000-7 7.5 Underground Facilities 2000-8 DIVISION 3 - SPECIAL PROVISIONS SECTION 3000 1.0 General 3000-1 1.1 Scope of Services 3000-1 1.2 Project Description 3000-1 1.3 Project Plans 3000-1 1.4 Drawings of Record 3000-1 1.5 Cooperation with other Contractors 3000-1 1.6 Time Allowed for Construction 3000-2 2.0 Bid Items 3000-2 3.0 Materials 3000-3 3.1 General 3000-3 3.2 Substitutions 3000-3 3.3 Storage 3000-3 4.0 Work Details 3000-3 4.1 Traffic Control 3000-3 4.2 Dust Control 3000-7 4.3 Water 3000-7 4.4 Permits, Licenses, and Inspection Fees 3000-7 4.5 Air Contaminants 3000-7 4.6 Notification 3000-7 DIVISION 4 - TECHNICAL SPECIFICATIONS SECTION 4000 1.0 General Requirements 4000-1 2.0 Mobilization 4000-1 3.0 Traffic Control 4000-1 4.0 Dust Control 4000-1 5.0 Clearing and Grubbing 4000-2 6.0 Unclassified Excavation 4000-3 7.0 Demolition and Disposal 4000-4 8.0 Grading and Subgrade Preparation 4000-5 9.0 Asphalt Concrete 4000-5 10.0 Modify, Relocate and Repair Existing Lighting/Electrical 4000-8 11.0 Concrete and Masonry Construction 4000-11 12.0 Provide New Sleeving per City Standard 600 4000-12 13.0 Wall Cleaning 4000-13 14.0 Keystone Concrete Retaining Block Walls 4000-13 15.0 Interlocking Concrete Pavers — Installation Only 4000-16 16.0 Pickleball Court Synthetic Surfacing 4000-22 17.0 Site Amenities 4000-22 18.0 Landscape and Irrigation 4000-26 Appendix A: Escrow Agreement for Security Deposits In lieu of Retention Appendix B: Standard Plans SECTION 1100 INVITATION TO BID PROJECT NO. 2016-031 LA QUINTA LANDSCAPE RENOVATION IMPROVEMENT — CACTUS FLOWER SEALED BIDS will be received by the City of La Quinta (City) at the Office of the City Clerk located at 78-495 Calle Tampico, La Quinta, California, 92253, until 11:00 AM on Monday, December 4, 2023 at which time they will be publicly opened and read for performing work as follows: The project consists of removing designated turf and plant material and sidewalk reconstruction along the parkway and street entrances at the Cactus Flower Development along the southside of Fred Waring Drive generally from Dune Palms Road to Monticello Avenue and on the east side of Dune Palms from Star Flower Trail to Fred Waring Drive. Work will also take place at the three retention basins within the Development. Additionally, on the east side of Jefferson Street south of Avenue 50 to 665 feet south of Avenue 50. Turf will be replaced with drought -tolerant landscaping and irrigation. The plant palette shall include Cresta rubble, multi -colored crushed rock, and Baja Cresta' boulders of varying sizes with minimal use of drought -tolerant plants and re -use of designated existing plant material. In addition, the existing perimeter wall shall be cleaned, and construction of keystone block wall at various locations. Existing lighting and electrical shall be modified and new lighting shall be furnished and installed. An additive alternate includes the construction of pickleball courts with site amenities. All project work and incidental items to complete the project shall be performed in accordance with the plans, specifications, and other provisions of the contract. All the above improvements are to be constructed in a workmanlike manner, leaving the entire project in a neat and presentable condition. Refer to Sections 3000 and 4000 for more information. This project shall be completed within 60 working days from the date specified in the Notice to Proceed. Time for the commencement and completion of the work is important and is to be of the essence of the Contract. The successful bidder should plan to order any long lead time equipment items immediately following "Notice of Award". A pre-bid conference is scheduled for 2:00 PM, Tuesday, November 28, 2023 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 Invitation to Bid 1100-1 IMPORTANT: If you are not on the plan holders list through Planit Planroom you will not receive addendums. It is the responsibility of the bidder to ensure that they are placed on the plan holders list. Bidding procedures are prescribed in the Project Specifications. Bids shall be executed upon the forms bound and made a part of said Specifications. Bid security in an amount not less than ten percent (10%) of the total bid dollar amount and conforming to the prescribed bidding procedures is required to be submitted with each bid, as a guaranty to be forfeited should the bidder, if awarded the contract, fail to enter into the same, or fails to furnish in a timely manner the bonds and/or proof of insurance. The City reserves the right to reject any or all bids, and to waive any irregularities in the bids. Bid log sheets can be found at http://www.laguintaca.gov/business/design-and- development/bid-on-mobs. Pursuant to the provisions of California Labor Code Section 6707, each bid submitted in response to this Invitation to Bid shall contain, as a bid item, adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life and limb in trenches and open excavation, which shall conform to applicable safety orders. By listing this sum, the bidder warrants that its action does not convey tort liability to the City, its consultants, and their employees, agents, and sub -consultants. Pursuant to Section 1770, et. seq., of the California Labor Code, the successful bidder shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. These wage rates are available from the California Department of Industrial Relations' Internet website at http://www.dir.ca.gov. Pursuant to Section 1725.5 of the California Labor Code, no contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations at the time the contract is awarded. Contractors and subcontractors may find additional information for registering at the Department of Industrial Relations website at http://www.dir.ca.gov/Public-Works/PublicWorks.html . Pursuant to Labor Code section 1771.1, no contractor or subcontractor may be listed on a bid proposal for a public works project submitted on or after March 1, 2015 unless registered with the Department of Industrial Relations. Furthermore, all bidders and contractors are hereby notified that no contractor or subcontractor may be awarded, on or after April 1, 2015, a contract for public work on a public works project unless registered with the Department of Industrial Relations. Pursuant to Labor Code section 1771.4, all bidders are hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Pursuant to SB854, all contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement). All contractors and subcontractors must also provide a copy and proof to the City of online submittal within 2 days of online submission. Invitation to Bid "IIID: 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 Contractor) and/or C12 (Earthwork and Paving Contractor), at the time that the bid is submitted. Subcontractors shall possess valid, suitable licenses for the work they will perform. Failure to possess the specified license(s) shall render the bid as non-responsive. The successful bidder will be required to furnish a Labor and Materials bond in the amount equal to one hundred percent (100%) of the Contract price, as well as a Faithful Performance Bond, in the amount equal to one hundred percent (100%) of the Contract price. Each bidder shall submit with its bid a statement setting forth its experience on the forms included in the Bid Proposal. Telephones will not be available to bidders. Bid forms received after the designated time will not be accepted. Bidders and their authorized agents are invited to attend. No bidder may withdraw its bid for a period of sixty (60) days after the date set for the opening of bids. Approved Published Invitation to Bid By: Bryan WKinney, P. Public Works Director/pity En ineer By: Monika Radeva City Clerk **END OF SECTION** Date: November 9, 2023 Date: November 9, 2023 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. 2016-031, La Quinta Landscape Renovation Improvement — Cactus Flower and all appurtenant incidental items. The Contractor shall be required to provide, at its own cost and expense, all necessary insurance, as required by law or these specifications, and shall pay the cost and expense of any and all incidental matters herein required. 2.0 EXAMINATION OF CONTRACT DOCUMENTS Each bidder shall thoroughly examine and be familiar with those Contract documents contained in the Project Manual, drawings and addenda, if any. The submission of a bid shall constitute an acknowledgment upon which the City may rely that the bidder has thoroughly examined and is familiar with the Contract documents. The failure or neglect of a bidder to receive or examine any of the Contract documents shall in no way relieve him from any obligation with respect to its proposal or to the Contract. No claim for additional compensation will be allowed which is based upon a lack of knowledge of any Contract documents. 3.0 INSPECTION OF SITE Bidders are required to inspect the site of the work to satisfy themselves by personal examination or by such other means as they may prefer, of the location of the proposed work, and of the actual conditions of and at the site of work. If, during the course of its examination, a bidder finds facts or conditions which appear to be in conflict with the letter or spirit of the bidding documents, the Bidder may apply to the City, in writing, for additional information and explanation before submitting its bid. Submission of a bid by the bidder shall constitute acknowledgment that, if awarded the Contract, it has relied and is relying on its own examination of (1) the site of the work, (2) access to the site, and (3) all other data and matters requisite to the fulfillment of the work and on its own knowledge of existing facilities on and in the vicinity of the site of the work to be constructed under the Contract. The information provided by the City is not intended to be a substitute for, or a supplement to the independent verification by the bidder to the extent such independent investigation of site conditions is deemed necessary or desirable by the bidder. Instruction to Bidders 1110-1 4.0 INTERPRETATION OF CONTRACT DOCUMENTS No oral representations or interpretations will be made to any bidder as to the meaning of the Contract documents. Requests for an interpretation shall be made in writing and delivered at least five (5) days before the time announced for opening the bids to: Ubaldo Ayon, Assistant Construction Manager City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 (760) 777-7096 — Phone uayon(a-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 Alternates. 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. 2016-031, La Quinta Landscape Renovation Improvement — Cactus Flower CITY OF LA QUINTA, CALIFORNIA Envelope to be opened on: December 4, 2023 @ 11:OOAM 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. 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 Instruction to Bidders 1110-4 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. 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 Instruction to Bidders 1110-5 bids or offers for the construction of streets or highways, including bridges, in excess of one-half of one percent of the bidder's total bid or Ten Thousand Dollars ($10,000.00), whichever is greater. The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price except that any designated "Specialty Items" may be performed by subcontract and the amount of any such "Specialty Items" so performed will be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. "Specialty Items" will be identified by the Agency in the Bid or in the Special Provisions. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from the information submitted by the Contractor, and subject to approval of the Engineer. Failure to list subcontractors may render the bid non-responsive and may be grounds for rejection of the bid. Failure to comply with the provisions of the California "Subletting and Subcontracting Fair Practices Act" shall make the Contractor subject to the sanctions as set forth in the Act. 18.0 BIDDERS INTERESTED IN MORE THAN ONE BID No person, firm, or corporation, under the same or different name, shall make, file, or be interested in more than one bid for the same work unless alternate bids are called for. A person, firm, or corporation may, however, submit sub -proposals or quote prices on materials to more than one bidder. The City may reject the bids of the known participants in such collusion. Pursuant to Public Contract Code Section 7106, bidders shall execute and furnish with their bids Section 1250, NON -COLLUSION AFFIDAVIT. 19.0 SHEETING, SHORING AND BRACING Pursuant to the provisions of California Labor Code Section 6707, each bid submitted shall contain, in the bid item indicated, the amount included in its bid for adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life and limb in trenches and open excavation, which shall conform to applicable safety orders. By listing this sum, the bidder warrants that its action does not convey tort liability to the City, its consultants, and their employees, agents, and sub -consultants. 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. Instruction to Bidders 1110-6 21.0 OFFER OF ASSIGNMENT OF ANTITRUST ACTIONS As provided by Sections 4551 and 4552 of the California Government Code, in submitting a bid to the City, the bidder offers and agrees that if the bid is accepted, it will assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the City pursuant to the bid. Such assignment shall be made and become effective at the time the City tenders final payment to the bidder. 22.0 ASSIGNMENT OF CONTRACT No assignment by the Contractor of any contract to be entered into hereunder, or any part thereof, or of funds to be received thereunder by the Contractor, will be recognized by City unless such assignment has had prior approval of City and the Surety has been given due notice of such assignment in writing and has consented thereto in writing. 23.0 REJECTION OF BIDS The City reserves the right to reject all bids for any reason. The City further reserves the right to reject any bid: which is non-responsive, incomplete, obscure, or irregular; which omits a bid on any one or more of the required bid items; which does not contain satisfactory documentation of the bidder's qualifications as required by Section 1110-16.0, 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 Instruction to Bidders 1110-7 and evidences of insurance, and to execute the Contract in the form set forth in the Contract documents. 26.0 EXECUTION OF CONTRACT The Contract Agreement shall be executed by the successful bidder and returned, together with the Contract bonds and evidences of insurance, within ten (10) days after receiving written notice of the award of the Contract. Time is of the essence in this regard. After execution by City, one copy shall be returned to Contractor. 27.0 CONSTRUCTION DOCUMENTS The City will furnish the Contractor five copies of the Specifications after the execution of the Contract. The Contractor may request up to three additional copies at no cost, for a total of eight (8) no cost copies. 28.0 BID PROTEST Any bid protest must be in writing and received by City at the Office of the City Clerk located at 78-495 Calle Tampico, La Quinta, California, 92253, before 5:00p.m., no later than two working days following bid opening (the "Bid Protest Deadline") and must comply with the following requirements: 28.1 General. Only a bidder who has actually submitted a Bid Proposal is eligible to submit a bid protest against another bidder. Subcontractors are not eligible to submit bid protests. A bidder may not rely on the bid protest submitted by another bidder but must timely pursue its own protest. The protesting bidder must submit a non-refundable fee in the amount of $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 Instruction to Bidders 1110-8 Deadline will not be considered. The response must include the name, address, email address, and telephone number of the person representing the protested bidder if different from the protested bidder. 28.5 Copy to Protesting Bidder. A copy of the response and all supporting documents must be concurrently transmitted by fax or by email, by or before the Bid Protest Deadline, to the protesting bidder and any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest. 28.6 Exclusive Remedy. The procedure and time limits set forth in this section are mandatory and are the bidder's sole and exclusive remedy in the event of bid protest. A bidder's failure to comply with these procedures will constitute a waiver of any right to further pursue a bid protest, including filing a Government Code Claim or initiation of legal proceedings. 28.7 Right to Award. The City Council reserves the right to award the Contract to the bidder it has determined to be the responsible bidder submitting the lowest responsive bid, and to issue a notice to proceed with the Work notwithstanding any pending or continuing challenge to its determination. 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. Nothing in this Section is intended to prevent the City from exercising its rights pursuant to Public Contract Code section 2203, subdivision (c) or (d), or both, on a case-by-case basis. 30.0 COMPLIANCE WITH CALIFORNIA EXECUTIVE ORDER N-6-22. Russian aggression against Ukraine. (a) Contractor shall comply with California Governor Executive Order N-6-22 regarding sanctions in response to Russian aggression in the Country of Ukraine, and any implementing guidelines and/or economic sanctions imposed by the United States government in response to Russian actions in Ukraine, as well as any sanctions Instruction to Bidders 1110-9 imposed under California law (collectively "economic sanctions"). Contractor shall comply with all such economic sanctions. By submitting a bid to the City, Contractor agrees to take any and all actions to support the Ukrainian government and people as required by law, including by refraining from new investments in, and financial transactions with, Russian institutions or companies that are headquartered or have their principal place of business in Russia (Russian entities), not transferring technology to Russia or Russian entities, and directly providing support to the government and people of Ukraine. (b) If bidding on a contract for Five Million Dollars ($5,000,000) or more, Contractor shall submit a written report to the City on Contractor's compliance with the economic sanctions, and the steps Contractor has taken in response to Russia's actions in Ukraine, including, but not limited to, desisting from making new investments in, or engaging in financial transactions with, Russian entities, not transferring technology to Russia or Russian entities, and directly providing support to the government and people of Ukraine as required by law. Failure to submit the report required by this Section may deem Contractor's bid non-responsive. **END OF SECTION** Instruction to Bidders 1110-10 SECTION 1200 BID MAN 9: I The undersigned, as bidder, declares it has received and examined the Contract Document entitled Project No. 2016-031, La Quinta Landscape Renovation Improvement — Cactus Flower 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 We acknowledge that the following addenda have been received and have been examined as part of the Contract Documents. Bidders must be on the Plan Holders List with the City of La Quinta in order to receive addenda. Addendum # Date Received Initials Attached is a bid guaranty bond as required by Paragraph 1110-15.0, BID GUARANTY. Name of Bidder Bidder's Telephone Number Bid 1200-1 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. 2016-031 LA QUINTA LANDSCAPE RENOVATION IMPROVEMENT — CACTUS FLOWER 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. 2016-031, La Quinta Landscape Renovation Improvement — Cactus Flower in accordance with the plans and specifications therefore adopted and on file with the City within the time hereinafter set forth and at the prices named in this Bid. It is understood that the basis of award shall be the lowest total price of the Base Bid Area plus all Additive Alternates. Unit prices in each and every case represent the true unit price used in preparing the bid schedule totals (Bid Form). Unit prices listed herein include material, installation and appurtenant work as is necessary to have the item complete and in place meeting the full intent of the plans and specifications. We acknowledge that unbalanced unit prices shall be sufficient cause for the rejection of our bid. BASE BID — Item No. Item Description Est. Qty. Unit Unit Price (in figures) Dollars Item Total (in figures) Dollars OVERALL PROJECT 1 Mobilization 1 LS $ 2 Traffic Control (Includes Traffic Control Plans and Engineering) 1 LS $ $ 3 Dust Control 1 LS $ 4 Clearing and Grubbing 1 LS $ CACTUS FLOWER PLAN IMPROVEMENTS Bid Schedule 1210-1 Item Item Description Est. Unit Unit Price Item Total No. Qty. (in figures) (in figures) Dollars Dollars 5 Demolition and Disposal 1 LS $ 6 Soil Preparation and Fine Grading 1 LS $ Modify, Relocate, and Repair 7 Existing Lighting Electrical System 1 LS $ w/ New Fixtures 8 Install New Sleeving per City 1 LS $ Standard 9 Sidewalk Replacement per City 280 SF $ $ Code and Concrete Pads 10 Wall Cleaning 1 LS $ 11 Keystone Block — 2 Course Stack 1,084 SF $ $ 12 Keystone Block — 3 Course Stack 1,542 SF $ $ 13 Keystone Block — 4 Course Stack 1,360 SF $ $ 14 Keystone Block — 5 Course Stack 1,100 SF $ $ 15 Furnish and Install - Landscape 111 EA $ $ Boulders Furnish and Install - 3/8" Minus 16 w/20% Fines — Decomposed 1,295 SF $ $ Granite — Desert Gold 17 Furnish and Install - 3/8" Crushed 1,835 SF $ $ Rock — Apache Brown 18 Furnish and Install — 3/4" Crushed 88,675 SF $ $ Rock — Desert Gold 19 Furnish and Install - 12"-18" Sierra 1,045 SF $ $ Cobble 20 Furnish and Install - 6" Minus 7,455 SF $ $ Crushed — Baja Cresta Rubble 21 Furnish and Install - 6" Minus 3,680 SF $ $ Crushed — Cresta Rubble 22 Furnish and Install PermaLoc 1 730 LF $ $ Header — Asphalt Edge 23 Furnish and Install Landscaping 1 LS $ $ per Plan 24 Furnish and Install Irrigation per 1 LS $ $ Plan Bid Schedule 1210-2 Item Item Description Est. Unit Unit Price Item Total No. Qty. (in figures) (in figures) Dollars Dollars 25 90 — Day Maintenance Period 1 LS $ $ JEFFERSON PARKWAY PLAN IMPROVEMENTS 26 Demolition and Disposal 1 LS $ $ 27 Soil Preparation and Fine Grading 1 LS $ $ 28 Keystone Block — 2 Course Stack 20 SF $ $ 29 Furnish and Install - Landscape 4 EA $ $ Boulders 30 Furnish and Install - 3/8" Crushed 3,556 SF $ $ Rock — Apache Brown 31 Furnish and Install - 6" Minus 164 SF $ $ Crushed — Baja Cresta Rubble 32 Furnish and Install PermaLoc 25 LF $ $ Header — Asphalt Edge 33 Boring for Lateral Line 60 LF $ $ 34 Furnish and Install Landscaping 1 LS $ $ per Plan 35 Furnish and Install Irrigation per 1 LS $ $ Plan 36 90 — Day Maintenance Period 1 LS $ $ Total Amount of Bid Items 1 — 36 $ Bid Schedule 1210-3 ADDITIVE ALTERNATE 01— CACTUS FLOWER MINI SPORTS PARK Item Item Description Est. Unit Unit Price Item Total No. Qty. (in figures) (in figures) Dollars Dollars AA1-1 Site Control 1 LS $ $ AA1-2 Dust Control 1 LS $ $ AA1-3 Clearing and Grubbing 1 LS $ $ AA1-4 Demolition and Disposal 1 LS $ AA1-5 Fine Grading 1 LS $ 3" Asphalt Concrete Over 4" AA1-6 Aggregate Base Over 12" 700 SF $ $ Scarified and Compacted Native AA1-7 Asphalt Crack Fill 3,340 SF $ $ AA1-8 Interlocking Concrete Pavers 740 SF $ $ (Installation Only) AA1-9 Concrete Banding — 2' Wide, 6" 72 LF $ $ Thick AA1-10 Pickleball Court Synthetic 3,100 SF $ $ Surfacing AA1-11 Pickleball Fence and Gates per 1 LS $ $ Plan AA1-12 Pickleball Net and Posts 1 LS $ $ AA1-13 Benches — 6' Length 2 EA $ $ AA1-14 Drinking Fountain and 1" Water 1 EA $ $ Service Line Total Amount of Bid Items AA1- 1 — 14 $ Bid Schedule 1210-4 GRAND TOTAL BASE BID PLUS ALL ADDITIVE ALTERNATES (Figures): Eli GRAND TOTAL BASE BID PLUS ALL ADDITIVE ALTERNATES (Words): Bid Amount of each of the above Bid Items must be filled in and completed. It is understood that the quantities shown hereon are but estimates and the bidder is responsible to verify quantities prior to submitting a bid. Final payment will be based upon actual work performed, subject to such adjustments and alterations as elsewhere provided herein. Signature of Bidder (Ink) Name of Bidder (Printed or Typed) Bidder Telephone Number Bidder Email Address Bid Schedule 1210-5 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. 2016-031 LA QUINTA LANDSCAPE RENOVATION IMPROVEMENT — CACTUS FLOWER 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 .2023. Title of Signatory Signature of Principal Address Title of Signatory Signature of Surety 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 KI 9 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: Signed this Name of Bidder Signature of Bidder day of Printed Name of Bidder Calendar Days Calendar Days 2023. Contractor's License No. DIR Reg No. Expiration Date 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: Project Manager: Phone: Public Works Registration No.: Classification: City: Email: ST: Zip: CSLB/Certification Number: Asbestos Boilermaker Bricklayers Carpenter Carpet/Linoleum_ Cement Masons Drywall Finisher Drywall/Lathers Electricians Elevator Mechanic Glaziers Iron Workers Laborers Millwrights Operating Eng Painters Pile Drivers Pipe Trades Plasterers Roofer SheetMetal Sound/Com Surveyor Teamster Tile Worker. Prevailing Wages and Payroll: The project is subject to prevailing wage rates and enforcement by the Department of Industrial Relations (DIR). Prevailing wage rates can be obtained at: http://www.dir.ca.gov/Public-Works/Prevailing-Wage.html. Contractors and subcontractors on most public Works projects are required to submit certified payroll records to the Labor Commissioner using DIR's electronic certified payroll reporting system. For your convenience, the link for reporting certified payroll is: httD://www.dir.ca.aov/Public-Works/Certified-Pavroll-ReDortina.html. A copy of certified payroll, including the names and addresses of employees and/or subcontractors working on the job must be included with invoices submitted to the City of La Quinta. 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 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 Iran Contracting Act Certification Date Executed 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) By (Authorized Signature) Printed Name and Title of Person Signing Federal ID Number (or n/a) 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. 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. 2016-031, La Quinta Landscape Renovation Improvement — Cactus Flower in the City of La Quinta, California pursuant to the Invitation to Bid, dated November 2023, the project Specifications, and Contractor's Bid, all of which documents shall be considered a part hereof as though fully set herein. Should any provisions of Contractor's Bid be in conflict with the Notice Inviting Bids, Specifications, or this Contract, then the provisions of said Contract, Specifications, and Invitation to Bid shall be controlling, in that order of precedence. The time frame for construction work shall be in accordance with that specified in the Invitation to Bid. 2. Contractor will comply with all Federal, State, County, and La Quinta Municipal Code, which are, as amended from time to time, incorporated herein by reference. 3. All work shall be done in a manner satisfactory to the City Engineer. 4. Contractor shall commence work after the issuance of a written Notice to Proceed and agrees to have all work completed within 60 working days from the date of Notification to Proceed. 5. In consideration of said work, City agrees to pay Contractor such sums as shall be approved by the City Engineer at lump sums and/or unit prices stated in the Contractor's Bid, the base consideration (Type in correct dollar amount using currency format) ($ .00). All payments shall be subject to approval by the City Engineer and shall be in accordance with the terms, conditions, and procedures provided in the Specifications. 6. The Contractor shall not knowingly pay less than the general prevailing rate for per diem wages, as determined by the State of California Department of Industrial Relations and referred to in the Invitation to Bid, to any workman employed for the work to be performed under this contract; and the Contractor shall forfeit as a penalty to the City the sum of Twenty -Five Dollars ($25.00) for each calendar day, or fraction thereof, for such workman paid by him or by any subcontractor under him in violation of this provision (Sections 1770-1777, Labor Code of California). Contract 1300-1 Pursuant to Section 1770, et. seq., of the California Labor Code, the successful bidder shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. These wage rates are available from the California Department of Industrial Relations' Internet website at http://www.dir.ca.gov. Pursuant to Section 1725.5 of the California Labor Code, no contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations at the time the contract is awarded. Contractors and subcontractors may find additional information for registering at the Department of Industrial Relations website at http://www.dir.ca.gov/Public- Works/PublicWorks.html. Pursuant to Labor Code section 1771.1, no contractor or subcontractor may be listed on a bid proposal for a public works project submitted on or after March 1, 2015 unless registered with the Department of Industrial Relations. Furthermore, all bidders and contractors are hereby notified that no contractor or subcontractor may be awarded, on or after April 1, 2015, a contract for public work on a public works project unless registered with the Department of Industrial Relations. Pursuant to Labor Code section 1771.4, all bidders are hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 7. Concurrently with the execution of this Contract, Contractor shall furnish bonds of a surety satisfactory to City, as provided in said Specifications or Invitation to Bid, the cost of which shall be paid by Contractor. 8. Except for the gross negligence or willful misconduct of an Indemnified Party (as hereinafter defined), the Contractor hereby assumes liability for and agrees to defend (at Indemnified Parties' option), indemnify, protect and hold harmless City and its Project Consultants, and Engineers, officers, agents, and employees ("Indemnified Parties") from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including counsel fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the Indemnified Parties arising out of or encountered in connection with this Contract or the performance of the Work including, but not limited to, death of or bodily or personal injury to persons or damage to property, including property owned by or under the care and custody of City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of Contractor, its officers, agents, employees or Subcontractors including, but not limited to, liability arising from: 1. Any dangerous, hazardous, unsafe or defective condition of, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors; 2. Any operation conducted upon or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors under or Contract 1300-2 pursuant to the provisions of this contract or otherwise; 3. Any act, omission or negligence of Contractor, its officers, agents, employees, or Subcontractors; 4. Any failure of Contractor, its officers, agents or employees to comply with any of the terms or conditions of this Contract or any applicable federal, state, regional, or municipal law, ordinance, rule or regulation; and 5. The conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub -subsections (1), (2), (3), and (4), existing or conducted upon or arising from the use or occupation by Contractor on any other premises in the care, custody and control of City. The Contractor also agrees to indemnify City and pay for all damages or loss suffered by City including but not limited to damage to or loss of City property, to the extent not insured by City and loss of City revenue from any source, caused by or arising out of the conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub -subsections (1), (2), (3), (4) and (5). Contractor's obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnified Party. However, without affecting the rights of City under any provision of this contract, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this contract. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this contract or this section. 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; Contract 1300-3 provided, however, City may release such funds if the Contractor provides City with reasonable assurance of protection of the Indemnified Parties' interests. City shall, in its sole discretion, determine whether such assurances are reasonable. Approval of any insurance contracts by the City does not relieve the Contractor or subcontractors from liability under Section 1340-1.0, Indemnification of the Specifications. The City will not be liable for any accident, loss, or damage to the work prior to its completion and acceptance. 9. Except as otherwise required, Contractor shall concurrently with the execution of this contract, furnish the City satisfactory evidence of insurance of the kinds and in the amounts provided in said Specifications, Section 1340-2.0, Insurance Requirements. This insurance shall be kept in full force and effect by Contractor during this entire contract and all premiums thereon shall be promptly paid by it. Each policy shall further state that it cannot be canceled without written notice to the City and shall name the City as an additional insured on the Commercial General Liability policy only. Contractor shall furnish evidence of having in effect, and shall maintain, Workers Compensation Insurance coverage of not less than the statutory amount or otherwise show a certificate of self-insurance, in accordance with the Workers Compensation laws of the State of California. Failure to maintain the required amounts and types of coverage throughout the duration of this Contract shall constitute a material breach of this Contract. 10. Except as otherwise required, Contractor shall concurrently with the execution of this contract, furnish the City a Milestone Schedule with a beginning date of 15 days after the Notice of Award as provided in said Specifications, Section 4.2, Construction Schedule. Contractor shall pay to City $500.00 liquidated damages per calendar day that the Milestone Schedule is not provided. 11. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or mechanic employed in the execution of this Contract by said Contractor, or any subcontractor under it, upon any of the work herein mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted to work at other than a rate of pay provided by law for more than 8 hours in any one calendar day and 40 hours in any one calendar week, in violation of the provisions of Sections 1810- 1815 of the Labor Code of the State of California. 12. In accepting this Contract, Contractor certifies that in the conduct of its business it does not deny the right of any individual to seek, obtain and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age as provided in the California Fair Employment Practice Act (Government Code Sections 12900, et seq.). Contractor agrees that a finding by the State Fair Employment Practices Commission that Contractor has engaged during the term of this Contract in any unlawful employment practice shall be deemed a breach of this Contract and Contractor shall pay to City $1,607.00 liquidated damages for each such breach committed under this contract. Contract 1300-4 13. Contractor also agrees that for contracts in excess of $30,000.00 and more than 20 calendar days duration, that apprentices will be employed without discrimination in an approved program in a ratio established in the apprenticeship standards of the craft involved (Sections 1777.5 and 1777.6, Labor Code of California). Contractors who willfully fail to comply will be denied the right to bid on public projects for a period of six months in addition to other penalties provided by law. 14. This Contract shall not be assignable by Contractor without the written consent of City. 15. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is deemed completed. 16. In accepting this Contract, Contractor certifies that no member or officer of the firm or corporation is an officer or employee of the City except to the extent permitted by law. 17. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the above work. 18. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. 19. The Contractor shall maintain and preserve all such records for a period of at least three years after termination of the contract. 20. The Contractor shall maintain all such records in the City of La Quinta. If not, the Contractor shall, upon request, promptly deliver the records to the City or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than at City offices including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead. 21. The further terms, conditions, and covenants of the Contract are set forth in the Contract Documents, each of which is by this reference made a part hereof. Contract 1300-5 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 By: Signature Title: City State Zip Code State Zip Code Contract 1300-6 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 , 2023, awarded to , hereinafter designated as the Principal, a Contract for Project No. 2016- 031, La Quinta Landscape Renovation Improvement — Cactus Flower 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 2023, 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 Signature for Principal Title of Signatory Surety Signature for Surety Title of Signatory Address of Surety Phone # of Surety Contact Person for Surety (Seal) (Seal) 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 , 2023, awarded to hereinafter designated as the Principal, a Contract for Project No. 2016-031, La Quints Landscape Renovation Improvement — Cactus Flower 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 2023, 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). Contractor's obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost Liability and Insurance Requirements 1340-1 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. 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 Liability and Insurance Requirements 1340-2 2.2 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: Insurance Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A -VI: Commercial General Liability (at least as broad as ISO CG 0001) $5,000,000 (per occurrence) $5,000,000 (general aggregate) Must include the following endorsements: General Liability Additional Insured General Liability Primary and Noncontributory Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Personal Auto Declaration Page if applicable Workers' Compensation (per statutory requirements) Must include the following endorsements: Workers Compensation Waiver of Subrogation Workers Compensation Declaration of Sole Proprietor if applicable 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 Liability and Insurance Requirements 1340-3 losses arising out of Contracting Party's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder. Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contracting Party's performance under this Agreement. If Contracting Party or Contracting Party's employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contracting Party and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Contracting Party shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. If coverage is maintained on a claims -made basis, Contracting Party shall maintain such coverage for an additional period of three (3) years following termination of the contract. Contracting Party shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased. In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. 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. Liability and Insurance Requirements 1340-4 2.3 Remedies In addition to any other remedies City may have if Contracting Party fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contracting Party to stop work under this Agreement and/or withhold any payment(s) which become due to Contracting Party hereunder until Contracting Party demonstrates compliance with the requirements hereof. c. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party's or its subcontractors' performance of work under this Agreement. 2.4 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party: Contracting Party agrees to have its insurer endorse the third -party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party's employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. Liability and Insurance Requirements 1340-5 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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. 12. 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 1340-6 13. 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. 14. 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. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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. 20. 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. 21. 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. Liability and Insurance Requirements 1340-7 22. 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 1340-8 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. 1.8 Definitions Unless otherwise stated, the words directed, required, permitted, ordered, instructed, designated, applicable, appropriate, sufficient, proper, desirable, General Conditions 1400-2 necessary, prescribed, approved, acceptable, satisfactory or words of like import, refer to actions, expressions, and prerogatives of the City, the City Engineer. Masculine gender words include the feminine. References to gender, such as "workman" and "flagman" and the pronouns "he" or "his" referring to such titles, are abstract in the specifications, used for the sake of brevity are intended to refer to persons of either sex. Singular words include the plural and "person" includes firms, companies, and corporations. Where used in the Contract Documents, the following words and terms shall have the meanings indicated. The meanings shall be applicable to the singular, plural, masculine, and feminine of the words and terms. Acceptance - The formal written acceptance by the City of an entire Contract which has been completed in all respects in accordance with the Contract Documents and any modifications thereof previously approved. Act of God - An earthquake, flood, cyclone, or other cataclysmic phenomenon of nature. A rain, windstorm, high water, or other natural phenomenon, which might reasonably have been anticipated from historical records of the general locality of the work, shall not be construed as an Act of God. Addenda - Written or graphic instruments issued prior to the bid which modify or interpret the Contract Documents, drawings, and specifications, by additions, deletions, clarifications, or corrections. Architect - The Architect responsible for the preparation of plans and specifications for the City of La Quinta Bid - The offer or proposal of the Bidder submitted on the prescribed form setting forth the price for the work to be performed. Bond(s) - Bid, Performance, or Payment Bonds and other instruments of surety, furnished by the Contractor and Contractor's surety in accordance with the Contract Documents. Bidder - Any properly licensed and qualified individual, firm, partnership, corporation, joint venture, or combination thereof, submitting a proposal for the work contemplated, acting directly or through a duly authorized representative. Calendar Day - Any day including legal holidays, Saturdays, and Sundays. City - The City of La Quinta, a Municipal Corporation in the State of California. 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 General Conditions 1400-3 the City Engineer but is another individual who has been designated to represent the City. Contract - The written document covering the performance of the Work as more fully described in, but not limited to, the plans, standard specifications, special and technical provisions, Contract bonds, proposal, addenda, and Contract Change Orders. Contract Change Order - A written order to the Contractor, covering changes in the plans or quantities, or both, and establishing the basis of payment and time adjustments for the work affected by the changes. Also referred to as a Change Order. Contract Documents - The words "Contract Documents" shall mean any or all of, but not limited to, the following items, as applicable: Invitation to Bid Instructions to Bidders Bid Documents Designation of Subcontractors Bid Guaranty Bond Contract Acknowledgments Performance Bond Payment Bond General Conditions Supplementary General Conditions General Project Requirements Specific Project Requirements Standard Specifications State Standard Specifications Project Plans Standard Drawings Addenda, if any Executed Change Orders, if any Notice of Award Notice to Proceed Permits from other agencies Each of these items is to be considered by reference as part of the Contract Documents, also referred to as Contract. 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. General Conditions 1400-4 Contract Completion Date - The date on which the City accepts the work as being complete. Contractor - The person or persons, firms, partnership, corporation, or combination thereof, who have entered with the City, as party or parties of the second part of his or their legal representatives. Contractor's Plant and Equipment - Equipment, material, supplies, and all other items, except labor, brought onto the site by the Contractor to carry out the Work, but not to be incorporated in the Work. Consultant - Individuals and/or companies retained by the City to provide specific professional services. Day(s) - Calendar Day(s); unless contract time is indicated in working days. Direct - Action of the City or City Engineer by which the Contractor is ordered to perform or refrain from performing work under the Contract. Field Directive - Written documentation of the actions of the City or City Engineer in directing the Contractor. Also referred to as a Directive. Field Order - A written instruction given to the Contractor authorizing work that is a change to the scope of work carried out on a time and material basis. Furnish - To deliver to the job site or other specified location any item, equipment, or material. General Conditions - Part of the Contract Documents representing the general clauses that establishes how the project is to be administered. General Project Requirements - Part of the Contract Documents establishing general conditions or requirements peculiar to the way public works projects are performed in the City of La Quinta. Herein - Refers to information presented in the Project Manual. Holidays - Legal holidays designated by the City or specifically identified in the Contract. Install - Placing, erecting, or constructing any item, equipment, or material. 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. General Conditions 1400-5 Paragraph - For references or citation purposes, refers to the paragraph(s) in these Specifications, called out by paragraph number and alphanumeric designator. Person - Includes firms, companies, corporations, partnerships, and joint ventures. Plans - Refers to the project plans drawings, profiles, cross sections, elevations, details, and other working drawings and supplementary drawings, or reproductions thereof, approved by the City, and are referred to in the Contract Documents, which show the location, character, dimensions, and details of the work to be performed. The terms drawing, plan and plans have the same meaning as the term drawings unless otherwise stated or specified. Project - The undertaking to be performed under the provisions of the Contract. Project Manual - Those Contract Documents which are bound into one or more volumes prior to bidding. Provide - Furnish and install, complete in place. Punch List - List of incomplete items of work and of items of work which are not in conformance with the Contract. Shall - Refers to actions by either the Contractor or the City and means the Contractor or City has entered into a covenant with the other party to do or perform the action. Shown - Refers to information presented on the Drawings, with or without reference to the Drawings. Site - The property as described in the General Conditions or as shown on the Drawings. Specific Project Requirements - Part of the Contract Documents establishing specific conditions or requirements peculiar to the work. 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. General Conditions 1400-6 Subcontractor - A subcontractor is a person or entity who has a direct contract with the Contractor to perform any of the Work at the Site. The term subcontractor means a subcontractor or subcontractor's authorized representative. The term subcontractor does not include any separate contractor or any separate contractor's subcontractors. Submittals - The information which is specified for submission to the City Engineer in accordance with the Project Manual. Substantial Completion - Substantial Completion is the stage in the progress of the Work when the Work is sufficiently complete in accordance with the Contract Documents so the City can occupy or utilize the Work for its intended use. Sub -subcontractor - A sub -subcontractor is a person or entity who has a direct or indirect contract with a subcontractor to perform any of the Work at the Site. The term sub -subcontractor means a sub -subcontractor or an authorized representative thereof. Supplier - Any person, firm, corporation, or organization who supplies materials or equipment for the Work, including that fabricated to a special design, and may also be a Subcontractor or a Sub -subcontractor. Surety - The person, firm, corporation, or organization that joins with the Contractor in assuming the liability for the faithful performance of the Work and for the payment of all obligations pertaining to the Work in accordance with the Contract Documents by issuing the Bonds required by the Contract Documents or by law. Will - Actions entered into by the Contractor or the City as a covenant with the other party to do or to perform the action. 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. General Conditions 1400-7 2.2 City Engineer 2.2.1 General - The City Engineer has the authority to act on behalf of the City on change orders, progress payments, Contract decisions, acceptability of the Contractor's work, and early possession. 2.2.2 Change Orders - The City Engineer has the authority to accept or reject change orders and cost proposals submitted by the Contractor or as recommended by the City Engineer. 2.2.3 Progress Payments - The City Engineer has the authority to accept or reject requests for progress payments which have been submitted by the Contractor. 2.2.4 Contract Decisions - Should the Contractor disagree with decisions rendered under this Contract; the Contractor may appeal to the City Engineer in accordance with the provisions of the Contract. 2.2.5 Acceptability of Work - The City Engineer has the authority to make the final determination of the acceptability of the Work. 2.2.6 Construction Schedule - The City Engineer has the authority to review and recommend acceptance of the progress schedule submitted by the Contractor at the start of the Work and subsequent significant revisions for conformance to the specified sequence of work and logic. 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 General Conditions 1400-8 Site of the Work. During the representative's absences, the Contractor may contact the City Engineer or a previously designated representative. 3.3 Inspection The City will employ one or more inspectors to observe the Work and to act in matters of construction under this Contract. An inspector is not authorized to revoke, alter, or waive any requirements of the specifications. The inspector is authorized to call the attention of the Contractor to any failure of the Work or materials to conform to the Contract Documents. The inspector shall have the authority to reject material or, in any emergency, suspend the Work. The Contractor may appeal any such issue which it disagrees with to the City Engineer. Contractor shall call in daily for inspections, unless otherwise approved by the City, at Public Works Inspection Hotline 760-777-7097. Concrete inspections will be required separately for all stages of the work: subgrade; forming; and pouring. Separate and independent from the inspection above, the project may be inspected by Building Officials for code compliance. Such inspectors shall have the authority provided to them by local jurisdiction. 3.4 City's Right to Carry Out the Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within seven (7) days after receipt of written notice from the City to commence and continue correction of such default or neglect with diligence and promptness, the City may, after seven (7) days following receipt by the Contractor of an additional written notice and without prejudice to any other remedy make good such deficiencies. The City also reserves the right to perform any portion of the work due to an emergency threatening the safety of the Work, public, City, and any property or equipment. In either case an appropriate Change Order shall be issued unilaterally deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies and/or for performing such work, including compensation for consultants and City's additional services made necessary by such default, neglect, failure, or emergency. 3.5 City's Right to Perform Work and to Award Separate Contracts The City reserves the right to perform the work related to the Project with the City's own forces, and to award separate Contracts in connection with other portions of the Project or other work on the Site under these or similar Conditions of the Contract. If the Contractor claims that delay, damage, or additional cost is involved because of such action by the City, the Contractor shall make such claim as provided elsewhere in the Contract Documents. When separate Contracts are awarded for different portions of the Project or other work on the Site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Contract. General Conditions 1400-9 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. 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 General Conditions 1400-10 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. 4.7 Public Safety and Convenience The Contractor shall conduct its work so as to insure the least possible obstruction to traffic and inconvenience to the general public and the residents in the vicinity of the Work and to insure the protection of persons and property at no extra cost to the City. The Contractor shall have under construction no greater length or amount of work than he can prosecute properly with due regard to the rights of the public. 4.8 City -Contractor Coordination 4.8.1 Service of Notice - Notice, order, direction, request, or other communication given by the City or the City Engineer to the Contractor shall be deemed to be well and sufficiently given to the Contractor if delivered to the Contractor's Representative designated in Paragraph 1400-4.2, Contractor's Representative, to the Contractor's office designated in Paragraph 1400-4.1, Office, or to the Contractor's address provided in the Bid Proposal. General Conditions 1400-11 4.8.2 Suggestions to Contractor - Plans or methods of work suggested by the City, City Engineer or authorized representatives to the Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor. The City, City Engineer, or authorized representatives assume no responsibility therefor, and in no way will be held liable for any defects in the Work which may result from or be caused by use of such plan or method of work. 4.8.3 Cooperation - The Contractor shall afford the City, the City Engineer and separate Contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work and shall coordinate the Work with theirs as required by the Contract Documents. If any part of the Contractor's Work depends for proper execution or results upon the work of the City or any separate Contractor, the Contractor shall, prior to proceeding with the Work, promptly report to the City Engineer any apparent discrepancies or defects in such other work that render it unsuitable for such proper execution and results. Failure of the Contractor to so report shall constitute an acceptance of the City's or separate Contractor's work as fit and proper to receive the Work, except as to defects which may subsequently become apparent in such work by others. If requested by the Contractor, the City shall arrange meetings with other contractors performing work on behalf of the City to plan coordination of construction activities. The City shall keep the Contractor informed of the planned activities of other contractors. Any costs caused by defective or ill-timed work shall be borne by the responsible party. Differences and conflicts arising between the Contractor and other contractors employed by the City or between the Contractor and the workers of the City with regard to their work, shall be submitted to the City for its decision in the matter. If such separate contractor sues the City on account of any delay or damage alleged to have been caused by the Contractor, the City shall notify the Contractor who shall, at the City's election, defend such proceedings at the Contractor's expense. If any judgement or award against the City arises from any such litigation whether defended by City or by Contractor, the Contractor shall pay or satisfy said judgement or award and shall reimburse the City for all attorney's fees and court costs which the City has incurred or for which it is liable. 4.9 Permits Unless specifically stated to be provided by the City, Contractor shall apply for, obtain, and comply with all the terms, conditions and requirements attached to all permits, bonds and licenses required by local, state, or federal agencies to perform work, construct, erect, test and startup of any equipment or facility for this Contract. Where operating permits are required, the Contractor shall apply 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 General Conditions 1400-12 or facility. The Contractor shall give all notices necessary or incidental to the due and lawful prosecution of the work. Any permits, bonds, licenses and fees therefore required for the performance of work under this Contract and not specifically mentioned herein as having been obtained and paid by the City shall be included in the Contractor's bid price. The Contractor shall apply for and obtain in its name the necessary building, plumbing and electrical permits and shall be responsible for satisfying all code requirements, calling for inspections, and obtaining final approvals. Code inspections will be coordinated by the City Engineer. The Contractor shall comply with all construction conditions stipulated in the permits. The Contractor shall include in its bid the fees for any permits required. The Contractor shall apply for and obtain all safety permits for excavations, tunneling, trenches, construction (building structure, scaffolding, or falsework) and demolition required by CAL/OSHA including but not limited to, the permits required by Labor Code Section 6500. 4.10 Contractor's Responsibility for the Work and Materials Until acceptance of the Work, the Contractor shall have the charge and care of the Work and of the materials to be used therein and shall bear the risk of injury, loss, or damage, to any part thereof (regardless of whether partial payments have been made on such damaged portions of the Work) by the action of the elements or from any other cause, whether arising from the non -execution of the Work. The Contractor shall rebuild, repair, restore, and make good all injuries, losses, or damages to any portion of the Work or the materials occasioned by any cause before its completion and acceptance and shall bear the expense thereof, except for such injuries, losses, or damages as are directly and approximately caused by acts of the City. 4.11 Laws to be Observed The Contractor shall keep himself fully informed of all existing and future County, State, and National laws and regulations and all municipal ordinances and regulations of the City which in any manner affect those engaged or employed in the Work and of all such orders and decrees of bodies having any jurisdiction or authority over the same; and shall protect and indemnify the City and all of its officers, agents, and servants against any claim or liability arising from or based on the violation of any such laws, ordinances, regulations, orders, or decrees whether by himself or its employees. If any discrepancy or inconsistency is discovered in the plans, drawings, specifications, or Contract for the Work in relation to any such law, ordinance, regulations, order or decree, the Contractor shall immediately report the same to the City Engineer in writing. 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 General Conditions 1400-13 perform public works pursuant to Section 1725.5 of the Labor Code. Prior to March 1, 2015, it is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public works pursuant to Section 1725.5 of the Labor Code prior to April 1, 2015. Effective March 1, 2015, only contractors and subcontractors that are registered to perform public works pursuant to Section 1725.5 of the Labor Code may submit a bid for a public works project. Effective April 1, 2015, contractors and subcontractors not registered to perform public works pursuant to Section 1725.5 of the Labor Code may not engage in the performance of a public works project awarded after April 1, 2015. 4.11.2 Prevailing Wage - In accordance with Section 1770 of the Labor Code, the City has ascertained and does hereby specify that the prevailing wage rates shall be those provided in Article 1110-20.0, 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 General Conditions 1400-14 the applicable collective bargaining agreement filed with the Department of Industrial Relations pursuant to Labor Code Section 1773.8. Pursuant to Labor Code section 1771.1, no contractor or subcontractor may be listed on a bid proposal for a public works project submitted on or after March 1, 2015 unless registered with the California Department of Industrial Relations. Furthermore, all bidders and contractors are hereby notified that no contractor or subcontractor may be awarded, on or after April 1, 2015, a contract for public work on a public works project unless registered with the Department of Industrial Relations. Pursuant to Labor Code section 1771.4, all bidders and contractors are hereby notified that this project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations. 4.11.3 Certified Payrolls - In accordance with Section 1776 of the Labor Code, each Contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time, and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the project. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis: a. Pursuant to 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 General Conditions 1400-15 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.4.11.5 Apprentice and Trainee - Attention is directed to the provisions in Section 1777.5 of the Labor Code and in accordance with the regulations of the California Apprenticeship Council concerning the employment of apprentices by the Contractor or any subcontractor under the Contractor. Section 1777.5 requires the Contractor or subcontractors employing tradespersons in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the project and which administers the apprenticeship program in that trade for a certificate of approval. The Contractor and subcontractors are required to submit contract award information to the applicable joint apprenticeship committee. As provided for in Section 1777.5 of the Labor Code, the Contractor is required to make contributions to funds established for the administration of apprenticeship programs. It shall be the responsibility of the Contractor to abide by the provisions of Section 1777.5 (except 1777.5(b)) of the Labor Code and to require all subcontractors employed by or contracting with the Contractor to abide by said provisions. The Contractor shall furnish the City any and all evidence of compliance with this code section when requested by the City. For failure to comply with Section 1777.5 (except 1777.5(b)) of the Labor Code, the Contractor shall be subject to the penalties in Section 1777.7 of the Labor Code. 4.11.6 Workers' Compensation Insurance - The Contractor is required to secure the payment of compensation to its employees in accordance with the provisions of Sections 1860 and 3700 of the Labor Code and Paragraph 1340-2.4 Workers' Compensation Insurance 4.12 Safety The Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. Safety provisions shall conform to U.S. Department of Labor (OSHA), the California Occupational Safety and Health Act, and all other applicable Federal, State, County, and local laws, ordinances, codes, the requirements set forth below, and any regulations that may be detailed in other parts of these Documents. Where any of these are in conflict, the more stringent requirement shall be followed. The completed Work shall include all necessary permanent safety devices, such as machinery guards and similar ordinary safety items, required by the State and General Conditions 1400-16 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. 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. General Conditions 1400-17 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. 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 General Conditions 1400-18 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. 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. General Conditions 1400-19 6.2 Time of Completion Time shall be of the essence of the Contract. The Contractor shall prosecute the work so that the various portions of the project shall be complete and ready for use within the time specified in Paragraph 3000-1.6 TIME ALLOWED FOR COMPLETION. It is expressly understood and agreed by and between the Contractor and the City that the Contract time for completion of the work described herein is a reasonable time taking into consideration the average climatic and economic conditions and other factors prevailing in the locality and the nature of the work. 6.3 Delays 6.3.1 Notice of Delays - When the Contractor foresees a delay in the prosecution of the Work and, in any event, immediately upon the occurrence of a delay, the Contractor shall notify the City Engineer in writing of the probability of the occurrence and the estimated extent of the delay, and its cause. The Contractor shall take immediate steps to prevent, if possible the occurrence or continuance of the delay. The Contractor agrees that no claim shall be made for delays which are not called to the attention of the City Engineer at the time of their occurrence. 6.3.2 Avoidable Delays - Avoidable delays in the prosecution of the Work shall include delays which could have been avoided by the exercise of care, prudence, foresight, and diligence on the part of the Contractor or its subcontractors, at any tier level, or suppliers. 6.3.3 Unavoidable Delays - Unavoidable delays in the prosecution or completion of the Work shall include delays which result from causes beyond the control of the Contractor, and which could not have been avoided by the exercise of care, prudence, foresight, and diligence on the part of the Contractor or his subcontractors, at any tier level, or suppliers. Delays in completion of the Work of other Contractors employed by the City will be considered unavoidable delays insofar as they interfere with the Contractor's completion of the current critical activity item of the Work. 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 General Conditions 1400-20 materials from all known sources within reasonable reach of the proposed Work. Only the physical shortage of material, caused by unusual circumstances, will be considered under these provisions as a cause for extension of time, and no consideration will be given to any claim that material could not be obtained at a reasonable, practical, or economical cost or price, unless it is shown to the satisfaction of the City Engineer that such material could have been obtained only at exorbitant prices entirely out of line with current rates, taking into account the quantities involved and usual practices in obtaining such quantities. A time extension for shortage of material will not be considered for material ordered or delivered late or whose availability is affected by virtue of the mishandling of procurement. The above provisions apply equally to equipment to be installed in the work. 6.4 Time Extensions 6.4.1 Avoidable Delay - The City may grant an extension of time for avoidable delays if the City deems it is in its best interest. If the City grants an extension of time for avoidable delays, the Contractor agrees to pay the City's actual costs, including charges for engineering, inspection and administration incurred during the extension. 6.4.2 Unavoidable Delay - If the Contractor is delayed in the performance of its work by an act of the City or if the Contractor is delayed in the performance of its work by an unavoidable delay, then the Contract completion date may be extended by the City for such time that, in the City's and City Engineer's opinion, the Contractor's completion date will be unavoidably delayed, provided that the Contractor strictly fulfills the following: a. The Contractor shall provide notification, in accordance with Paragraph 1400-6.3.1, Notice of Delays and submit in writing a request for an extension of time to the City Engineer stating at a minimum the probable cause of the delay and the number of days being requested. The time extension request shall be submitted in accordance with the requirements of Paragraph 2000-4.3, TIME IMPACT ANALYSIS. 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 General Conditions 1400-21 Contractor shall pay to the City liquidated damages in accordance with Section 1500, Paragraph 1500- 2.1, Liquidated Damages. During such extension of time, neither extra compensation for engineering, inspection, and administration nor damages for delay will be charged to the Contractor. It is understood and agreed by the Contractor and City that time extensions due to unavoidable delays will be granted only if such unavoidable delays involve controlling operations which would prevent completion of the whole Work within the specified Contract time. 6.4.3 Indirect Overhead - The Contractor shall be reimbursed for indirect overhead expenses for periods of time when the Work is stopped due to delays as defined in Paragraph 1400-6.3.3, Unavoidable Delay. However, no reimbursement for indirect overhead shall be made for delays as defined in Paragraphs 1400-6.3.3.1, Abnormal Delays; 1400-6.4.2c, Weather Delays; or 1400-6.3.3.3, Material Shortages. As a condition precedent to any reimbursement, the Contractor must fulfill all conditions as provided in Paragraph 1400-6.4.2, Unavoidable Delay. The reimbursement of indirect overhead is limited to those delay conditions defined above when the Contractor is prevented from proceeding with seventy-five (75) percent of the normal labor and equipment force for at least five (5) hours per day toward completion of the current critical activity item(s) on the current favorably reviewed progress schedule. 6.4.3.1 Indirect Field Overhead - For those allowable delay periods as defined in Paragraph 1400-6.4.3, Indirect Overhead, the Contractor shall be reimbursed for its indirect field overhead based on: a. Invoices for all field office equipment. b. Actual salary for field office staff. 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 1400-22 6.5 Temporary Suspension of Work 6.5.1 If the Contractor fails to correct defective work as required by Paragraph 1400-5.3, Defective and Unauthorized Work, or fails to carry out the Work in accordance with the Contract Documents or any other applicable rules and regulations, the City, by a written order of the City Engineer or a representative specifically empowered to do so, may order the Contractor to stop the work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the City to stop the Work shall not give rise to any duty on the part of the City to exercise this right for the benefit of the Contractor or any other person or entity. All delays in the Work occasioned by such stoppage shall not relieve the Contractor of any duty to perform the Work or serve to extend the time for its completion. Any and all necessary corrective work done in order to comply with the Contract Documents shall be performed at no cost to the City. 6.5.2 In the event that a suspension of Work is ordered, as provided in this paragraph, the Contractor, at its expense, shall perform all work necessary to provide a safe, smooth, and unobstructed passageway through construction for use by public, pedestrian, and vehicular traffic, during the period of such use by suspension. Should the Contractor fail to perform the Work as specified, the City may perform such work and the cost thereof may be deducted from monies due the Contractor under the Contract. 6.5.3 The City shall also have authority to suspend the Work wholly or in part, for such period as the City may deem necessary, due to unsuitable weather, or to such other conditions as are considered unfavorable for the suitable prosecution of the Work. Such temporary suspension of the Work will be considered justification for time extensions to the Contract in an amount equal to the period of such suspension. The Contractor as directed by the City shall provide the provisions as stipulated in Paragraph 1400-6.6.2 above. Such additional work shall be compensated as provided for in Paragraph 1400-7.0, CHANGES IN SCOPE OF WORK. 6.6 Termination of Contract If at any time the Contractor is determined to be in material breach of the Contract, notice thereof in writing will be served upon the Contractor and its sureties, and should the Contractor neglect or refuse to provide means for a satisfactory compliance with the Contract, as directed by the City Engineer, within the time specified in such notice, the City shall have the authority to terminate the operation of the Contract. Upon such termination, the Contractor shall discontinue the Work, or such parts of it as the City may designate. Upon such termination, the Contractor's control shall terminate and thereupon the City or its fully authorized representative may take possession of all or any part of the Contractor's materials, tools, equipment, and appliances upon the premises and use the same for the purposes of completing the General Conditions 1400-23 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. 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 General Conditions 1400-24 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. 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. General Conditions 1400-25 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. 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 General Conditions 1400-26 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. 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 General Conditions 1400-27 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. 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 General Conditions 1400-28 within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court. b. If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that Code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. c. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgement shall, in addition to payment of costs and fees under the chapter, also pay the attorney's fees on appeal of the other party. 7.3.3.6 Unresolved Issues - Unless this Contract provides otherwise, all claims, counterclaims, disputes, and other matters in question between the City and the Contractor that are not resolved between the City and the Contractor and are not governed by Public Contract Code 20104 shall be decided by a court of competent jurisdiction. Arbitration shall not be used for resolution of these disputes. Should either party to this Contract bring legal action against the other, the case shall be handled in the California county where the work is being performed. 7.3.4 Records of Disputed Work - In proceeding with a disputed portion of the Work, the Contractor shall keep accurate records of its costs and shall make available, to the City Engineer, a daily summary of the hours and classification of equipment and labor utilized on the disputed work, as well as a summary of any materials or any specialized services which are used. Such information shall be submitted to the City Engineer on a monthly basis, receipt of which shall not be construed as an authorization for or acceptance of the disputed work. 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 General Conditions 1400-29 reasonable valuation, which shall be determined in one or more of the following ways as directed by the City Engineer: a. By unit prices subsequently fixed by agreement between the parties; b. By an acceptable lump sum proposal from the Contractor; or c. By Force Account (as described in Paragraph 1400-8.3, Force Account Payment), when directed in writing and administered by the City through its agents. When required by the City Engineer, the Contractor shall submit, in the form prescribed by the City Engineer, an itemized breakdown with supporting data of the quantities and prices used in computing the value of any change that may be ordered. The City Engineer will review the Contractor's proposal for the change and negotiate an equitable adjustment with the Contractor. After there is an agreement the City Engineer will prepare and process the Change Order and make a recommendation for action by the City. All Change Orders must be approved by the City in writing before the work can be authorized and the Change Order executed. The prices agreed upon and any agreed upon adjustment in Contract Time shall be incorporated in the written order issued by the City, which shall be written so as to indicate an acceptance on the part of the Contractor as evidenced by its signature. By signature of the Change Order, the Contractor acknowledges that the adjustments to cost and time contained in the Change Order are in full satisfaction and accord, payment in full, and so waives any right to claim further cost and time impacts at any time during and after completion of the Contract for the changes encompassed by the Change Order. 8.2 Negotiated Change Orders Under the methods described in Paragraph 1400-8.1b and 8.1c above, the Contractor shall submit substantiating documentation with an itemized breakdown of Contractor and subcontractor direct costs, including labor, material, equipment rentals, and approved services, pertaining to such ordered work in the form and detail acceptable to the City Engineer. The direct costs shall include only the payroll cost for workers and foremen, including wages, fringe benefits as established by negotiated labor agreements or state prevailing wages, workers' compensation and labor insurance, and labor taxes as established by law. No other fixed labor burdens will be considered, unless approved in writing by the City Engineer; the cost of materials used and equipment delivered and installed in such work as substantiated by appropriate documents; the cost of construction machinery and equipment based on fair rental or ownership values acceptable to the City Engineer as described in Paragraph 1400-8.3, Force Account Payment; and the cost of incidentals directly related to such work. The direct costs shall not include any labor or office costs pertaining to the Contractor's managers or superintendents, his office and engineering staff and office facilities, or anyone not directly employed on such work, nor the cost of rental of small tools as all such indirect costs form a part of the Contractor's overhead expense. General Conditions 1400-30 Under the method described in Paragraph 1400-8.1b and 8.1c the maximum percentage which will be allowed for the Contractor's combined overhead and profit will be: a. For work by its own organization, the Contractor may add the following percentages: Direct Labor 25 percent Materials 15 percent Equipment (owned or rented) 15 percent b. For all such work done by subcontractors, such subcontractor may add the same percentages as the Contractor as listed in (1) above to its actual net increase in costs for combined overhead and profit and the Contractor may add up to ten (10) percent of the subcontractor's total for its combined overhead and profit. c. For all such work done by subtier-subcontractors, such sub -subcontractors may add the same percentages as the Contractor as listed in (1) above to its actual net increase in costs for combined overhead and profit and the subcontractor may add up to ten (10) percent of the sub -subcontractor's total for his combined overhead and profit. The Contractor may add up to five (5) percent of the subcontractor's total for its combined overhead and profit. d. To the total of the actual costs and fees allowed hereinunder, not more than two (2) percent shall be added for additional bond and insurance other than labor insurance. The above fees represent the maximum limits which will be allowed, and they include the Contractor's and all subcontractors' indirect home office expenses and all costs for cost proposal preparation. When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any, for each area of work, i.e. direct labor, materials, equipment, and subcontractors. The amount of credit to be allowed by the Contractor to the City for any such change which results in a net decrease in cost will be the amount of the actual net decrease and a credit in accordance with the markups allowed under the use of the method described in Paragraph 1400-8.3, Force Account Payment. The Contractor shall not claim for anticipated profits on work that may be omitted. 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, General Conditions 1400-31 fringe benefits as established by negotiated labor agreements or state prevailing wages, workers' compensation and labor insurance, and labor taxes as established by law. No other fixed labor burdens will be considered, unless approved in writing by the City. b. Material delivered and used on the designated work, including sales tax, if paid for by the Contractor or its subcontractor. c. Equipment rental, including necessary transportation for items having a value in excess of One Thousand Dollars ($1,000.00). d. Additional bond. e. Additional insurance, other than labor insurance. To the preceding costs, there shall be added the following fees for the Contractor, subcontractor, or sub -subcontractor actually performing the work: • A fixed fee not to exceed fifteen (15) percent of the costs of Items a, b, and c above. To the total of the actual costs and fees allowed hereunder, not more than two (2) percent shall be added for additional bond and insurance as the cost of Items d and a above. For work performed by an approved subcontractor, the Contractor may add to the total of the actual costs and fixed fees allowed under the preceding paragraph an additional fixed fee of five (5) percent of said total. No further compensation will be allowed for the Contractor's administration of the work performed by the subcontractor. For work performed by a sub tier -subcontractor, the subcontractor may add to the total of the actual costs and fixed fees allowed under the preceding paragraph an additional fixed fee of five (5) percent of said total. No further compensation will be allowed for the subcontractor's administration of the work performed by the sub tier - subcontractor. The Contractor may add to the total of the actual costs and fixed fees allowed under this paragraph an additional fixed fee of five (5) percent of said total. No further compensation will be allowed for the Contractor's administration of the work performed by the subcontractor. The added fixed fees shall be considered to be full compensation, covering the cost of general supervision, overhead, profit, and any other general expense. The above fixed fees represent the maximum limits which will be allowed, and they include the Contractor's and all subcontractors' indirect home office expenses and all costs for cost proposal preparation and record keeping. The City reserves the right to furnish such materials and equipment as it deems expedient, and the Contractor shall have no claim for profit or added fees on the cost of such materials and equipment. For equipment under Item c above, rental or equivalent rental cost will be allowed for only those days or hours during which the equipment is in actual use. Payment shall be based on actual rental and transportation invoices but shall not exceed the General Conditions 1400-32 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. 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. General Conditions 1400-33 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. 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 General Conditions 1400-34 accounts for services, equipment, and materials used by the Contractor and its subcontractors during the performance of work under this Contract. Such accounts shall be paid as they become due and payable. If requested by the City, the Contractor shall furnish proof of payment of such accounts to the City. 9.2 Partial Payments In consideration of the faithful performance of the work prosecuted in accordance with the provisions of these Specifications and the Contract, the City will pay the Contractor for all such work installed on the basis of percentage completion. Payments will be made by the City to the Contractor on estimates duly certified and approved by the City Engineer, based on the value of equipment installed and tested, labor and materials incorporated into said permanent work by the Contractor during the preceding month. Payments will not be made for temporary construction unless specifically provided for in the Contract Documents. Partial payments will be made monthly based on work accomplished as of a day mutually agreed to by the City and the Contractor. The Contractor shall submit his estimate of the work completed during the prior month and the work completed to date in a format corresponding to the accepted cost breakdown. The City Engineer shall review the submitted estimate, and upon approval, the Contractor may submit a detailed invoice for those amounts approved by the City Engineer. If requested, the Contractor shall provide such additional data as may be reasonably required to support the partial payment request. If the City Engineer does not agree with the Contractor's estimate of amount earned, the partial payment request will be returned for revision. The City Engineer will be available to meet to discuss the partial payment request prior to its re -submittal. When the Contractor's estimate of amount earned conforms with the City Engineer's evaluation, the City Engineer will calculate the amount due the Contractor, prepare the progress payment request for signature by the Contractor, and submit the recommended progress payment request for the City's approval and processing. Payment will be made by the City to the Contractor in accordance with City's normal accounts payable procedures; the City shall retain amounts in accordance with Paragraph 1400-9.4, Right to Withhold Amounts. 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. General Conditions 1400-35 9.4 Right to Withhold Amounts 9.4.1 Retention - The City will deduct from each partial payment and retain as part security, five (5) percent of the amount earned until the final payment. Pursuant to Public Contract Code Section 22300, for monies earned by the Contractor and withheld by the City to ensure the performance of the Contract, the Contractor, may, at his or her option, choose to substitute securities meeting the requirements of said Section 22300. In the event the Contractor desires to choose this option, the Contractor shall enter into an escrow agreement with the City, and the escrow agent, a qualified bank to be chosen by City, in the form of the contract included in the project specifications. The costs of such escrow shall be paid by the Contractor. The securities to be deposited in said escrow account shall be equivalent, in fair market value, to the amount to be withheld as performance retention. The securities shall be held in accordance with the provisions of Public Contract Code Section 22300, and the implementing contract. Contractor shall have the obligation of ensuring that such securities deposited are sufficient so as to maintain, in total fair market value, an amount equal to the cash amount of the sums to be withheld under the Contract. If, upon written notice from the City, or from the appropriate escrow agent, indicating that the fair market value of the securities has dropped below the dollar amount of monies to be withheld by the City to ensure performance, Contractor shall, within five days of the date of such notice, post additional securities as necessary to ensure that the total fair market value of all such securities held by the City, or in escrow, is equivalent to the amount of money to be withheld by the City under the Contract. Any Contractor that desires to exercise this option shall give notice in writing to City and shall thereafter execute the escrow agreement form provided in Appendix A of these Specifications. 9.4.2 Other Withholds - In addition to the amount which the City may otherwise retain under the Contract, the City may withhold a sufficient amount or amounts of any payment or payments otherwise due the Contractor, as in its judgement may be necessary to cover: a. Payments which maybe 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. General Conditions 1400-36 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. Failure of the Contractor to make proper submissions, as herein specified. Failure to submit, revise, resubmit, or otherwise conform to the requirements herein for preparing and maintaining a construction schedule. k. Payments due the City from the Contractor. Reduction of Contract Amount because of modifications. m. The Contractor's neglect or unsatisfactory prosecution of the work including failure to clean up. n. Provisions of law that enable or require the City to withhold such payments in whole or in part. When the above reasons for withhold amounts are removed, payment may be made to the Contractor for amounts withheld. The City in its discretion may apply any withheld amount or amounts to the payment of valid claims. In so doing, the City shall be deemed the agent of the Contractor, and any payment so made by the City shall be considered as a payment made under the Contract by the City to the Contractor, and the City shall not be liable to the Contractor for such payment made in good faith. Such payments may be made without prior judicial determination of the claim or claims. The City will render to the Contractor a proper accounting of such funds disbursed in behalf of the Contractor. 9.5 Substantial Completion When the Contractor considers that the Work is substantially complete, the Contractor shall notify the City Engineer in writing. Upon receipt of the notification, the City and/or its authorized representatives will make inspection, to determine if the Work is sufficiently complete in accordance with the Contract Documents so the City can occupy or utilize the Work for its intended use. If items are found which prevent such use or occupancy, the City Engineer shall notify the Contractor in writing of such items. 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, General Conditions 1400-37 utilities, damage to the Work and insurance, and shall fix the time, not to exceed 60 days, within which the Contractor shall finish all items on the punch list accompanying the Certificate. When the preceding provisions have been approved by both the City and the Contractor, they shall sign the Certificate to acknowledge their written acceptance of the responsibilities assigned to them in such Certificate. By such acknowledgment, the Contractor agrees to pay the City's actual costs including, but not limited to, charges for engineering, inspection and administration incurred due to the failure to complete the punch list within the time period provided in the Certificate of Substantial Completion. 9.6 Final Inspection and Payment Upon completion of the Work, and upon completion of final cleaning, the Contractor shall so notify the City Engineer in writing. Upon receipt of the notification, the City and/or its authorized representatives, will make the final inspection, to determine the actual status of the Work in accordance with the terms of the Contract. If materials, equipment, or workmanship are found which do not meet the terms of the Contract, the City Engineer shall prepare a punch list of such items and submit it to the Contractor. Following completion of the corrective work by the Contractor, the City Engineer shall notify the City that the Work has been completed in accordance with the Contract. Final determination of the acceptability of the Work shall be made by the City. After completion of the work, but prior to its acceptance by the City, the last partial payment will be made to the Contractor in accordance with Paragraph 1400-9.2, Partial Payments. After receipt of the last partial payment, but prior to acceptance of the Work by the City, the Contractor shall send a letter to the City Engineer. The letter, pursuant to California Public Contract Code Section 7100, shall state that acceptance of the final payment described below shall operate as and shall be, a release to the City, its consultants, the City Engineer, and their duly authorized agents, from all claim of and/or liability to the Contract arising by virtue of the Contract related to those amounts. Disputed Contract claims in stated amounts previously filed as provided in Paragraph 1400-7.3.2, 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. General Conditions 1400-38 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 1400-39 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 Chris Hermann, R.L.A Chris Hermann Design Group, Inc. 77-899 Wolf Road, Suite 102 Palm Desert, CA 92211 Phone: (760) 777-9131 Fax: (760) 777-9132 Email: chris(a)hdg-inc.com 2.2 Materials Testing Materials testing for this project will be provided by the City. The City inspector will notify the Contractor when materials will be tested. However, testing may be random as determined by City. 2.3 Survey Not applicable. If survey is needed for this project it will be provided by the City. The Contractor's requests for surveying shall be made to the Engineer a minimum of forty- eight (48) hours prior to the time requested for said work. All requests for survey work shall be approved by the City prior to issue of survey request. If construction staking is provided and subsequently removed whether accidentally or otherwise, or the contractor desires additional staking from the above sets, the Contractor will be charged for re -staking at a fee of $245.00 per hour (4 -hour minimum). 3.0 LIQUIDATED DAMAGES It is agreed by the parties to the Contract that time is of the essence; and that in the case all work is not completed before or upon the expiration of the time limit set forth within Section 1300 Contract; Subsection 4, damage will be sustained by the City and it is, therefore, agreed that the Contractor will pay to the City an amount of $2,000 per calendar day minimum. The damages described above will be deducted from any money due the Contractor under this Contract; the Contractor and his sureties shall be liable for any such excess cost. Supplemental General Conditions 1500-1 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. D. Samples: Physical examples that demonstrate the materials, finishes, features, workmanship and other characteristics of a portion of the Work. Accepted samples shall serve as quality basis for evaluating the Work. E. Other Submittals: Technical data, test reports, calculations, surveys, certifications, special warranties and guarantees, operation and maintenance data, extra stock and other submitted information and products shall also not be considered to Contract Documents but shall be information from Contractor to Engineer to illustrate a potion of the Work for confirmation of understanding of design intent. Supplemental General Conditions 1500-2 2. Review of Submittals A. Submittals shall be a communication aid between Contractor and the Engineer by which interpretation of Contract Documents requirements may be confirmed in advance of construction. 1. Reviews by Engineer and other design professionals shall be only for general conformance with the design concept of the Project and general compliance with the Drawings and Specifications. 2. Engineer will review submittals as originally submitted and the first resubmission. Costs for additional reviews shall be reimbursed by Contractor to Owner by deductive Change Order. 3. All submittals shall be approved by the Engineer and/or City prior to installation 3. Required Submittals (May include but are not limited to): A. Milestone Schedule B. Traffic Control C. CPM Schedule D. Boulder, Cobble, Decomposed Granite E. Plants, Shrub, and Tree nursery visit for approval by the City per Sub -Section 800 of Section 4000. If the City is unable to attend a nursery visit, the Contractor shall submit plant photos. F. Irrigation Components G. Soil Samples H. Concrete I. Court Surfacing J. Keystone Block K. Header -board L. Lights M. Electrical Components **END OF SECTION** Supplemental General Conditions 1500-3 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. 2.0 STANDARD PLANS The Standard Plans of the City of La Quinta adopted by the City Council on August 21, General Project Requirements 2000-1 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. 4.2 Construction Schedule 4.2.1 A milestone schedule shall be submitted concurrently with the execution of the Contract in Section 1300. Contractor shall pay to City $500.00 liquidated damages General Project Requirements 2000-2 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 start and completion dates of all major phases of work. b. The dates of submittals, procurement, delivery, installation and completion of each major equipment and material requirement. C. Progress milestone events or other significant stages of completion. d. The lead time required for starting construction. e. The major impacts to traffic flow. 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." 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. General Project Requirements 2000-3 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. 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. General Project Requirements 2000-4 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. 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. General Project Requirements 2000-5 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. 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 General Project Requirements 2000-6 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. 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 General Project Requirements 2000-7 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. 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 2000-8 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 2016-031, La Quinta Landscape Renovation Improvement — Cactus Flower. It shall be the Contractor's responsibility to thoroughly review the project area, familiarize himself with the scope of proposed work and submit the proposal for the work accordingly. 1.2 Project Description The project consists of removing designated turf and plant material and sidewalk reconstruction along the parkway and street entrances at the Cactus Flower Development along the southside of Fred Waring Drive generally from Dune Palms Road to Monticello Avenue and on the east side of Dune Palms from Star Flower Trail to Fred Waring Drive. Work will also take place at the three retention basins within the Development. Additionally, on the east side of Jefferson Street south of Avenue 50 to 665 feet south of Avenue 50. Turf will be replaced with drought -tolerant landscaping and irrigation. The plant palette shall include Cresta rubble, multi -colored crushed rock, and Baja Cresta' boulders of varying sizes with minimal use of drought -tolerant plants and re -use of designated existing plant material. In addition, the existing perimeter wall shall be cleaned, and construction of keystone block wall at various locations. Existing lighting and electrical shall be modified and new lighting shall be furnished and installed. An additive alternate includes the construction of pickleball courts with site amenities. 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. 2016-031, La Quinta Landscape Renovation Improvement — Cactus Flower". The plan set consists of 35 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. Special Provisions 3000-1 1.4 Drawings of Record Provide and keep up-to-date, a complete record set of blue line prints. Correct these prints daily and show every change from the original drawings. Keep this set of prints on the job site and use only as a record set. Do not construe this as authorization to make changes in the layout without definite instruction in each case. Incorporate all changes as noted on the record set of prints thereon with black ink in a neat, legible, understandable and professional manner. Deliver this set to the City upon completion and acceptance of work. 1.5 Cooperation with Other Contractors Section 7-7 of the Standard Specifications is amended by the addition of the following provisions: Should the Contractor foresee any interference or believe project delays or problems might occur due to any action of any other contractor, or if the Contractor determines his own work may cause a delay to the work of the other contractors, the Contractor shall bring this to the attention of the Engineer as soon as possible so that the potential problems or delays may be worked out before problems arise. It is the intention of these Specifications that the Contractor shall cooperate as needed to affect this purpose, and shall be prepared to make short delays, to redeploy its work force to other parts of the work or project, to temporarily reschedule work, and take other reasonable actions to minimize interference and maximize cooperation with all other parties working within the project area. If the Contractor maintains that he is unable to reasonably cooperate with others, then the Contractor shall be prepared to verify to the satisfaction of the Engineer that there are no reasonable actions which he could take to cooperate with others, and that if he did, such actions would cause serious financial harm or unreasonable delay to the Contractor. If the Engineer finds that such evidence is unsatisfactory, the Engineer may order the Contractor to take whatever reasonable actions the Engineer determines are necessary to provide the needed cooperation in order to meet the intent of these Specifications. The contractor shall have no claim for extra compensation for any delay or costs if his work is held up, delayed or interrupted by the City's having to order cooperative work measures or schedule priorities as outlined above. An extension of contract time shall be the only compensation granted. 1.6 Time Allowed for Construction In accordance with the provisions of Paragraph 1400-6.2, Time of Completion, this project shall be completed within 60 working days from the date specified in the Notice to Proceed. 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 Special Provisions 3000-2 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. 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 Special Provisions 3000-3 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. C. The Contractor shall furnish and properly install, construct, erect, use, and continuously inspect and maintain, twenty-four (24) hours per day, seven (7) days a week, all said devices, equipment and materials and all temporary and permanent pedestrian and driving surfaces as necessary to provide for the safety and convenience of, and to properly warn, guide, control, regulate, channelize, and protect the vehicular traffic, pedestrian traffic, project workers, and the public throughout the entire limits of the work activity and beyond said limits as necessary to include area affecting or affected by the work, from the start of work to the completion of the work. d. High-level warning devices (flag trees) are required at all times for any work being performed within the roadway unless otherwise specifically authorized by the City Engineer. e. All barricades shall be equipped with flashing warning lights, and all traffic cones shall be no less than twenty-eight (28) inches in height, except that shorter cones, twelve (12) inches high or higher, may be used during striping maintenance operations where the only function of the cones is to protect the wet paint from the traffic. Special Provisions 3000-4 f. Portable Changeable Message Signs (PCMS) are required for this project. A minimum of one (1) PCMS is required in each direction in advance of each work area as identified by the City. They shall be placed two (2) weeks in advance of the start of work and maintained throughout the construction window. Total count is dependent on Contractor's proposed staging plan. A PCMS can be reused at a different location once the work is complete in that stage. g. Except as otherwise directed, as shown in the approved traffic control plan, and/or authorized by the City Engineer, two-way vehicular traffic shall be maintained at all times within a minimum of two, 12 -foot -wide lanes. At no time shall the Contractor be allowed to reduce the traveled way to one-way vehicular traffic. No reduction of the traveled way width shall be permitted between the hours of 8:30 a.m. and 3:30 p.m., unless otherwise shown in the approved traffic control plans, or prior authorization to do so is granted by the City Engineer. No lane closures shall be permitted or allowed on any City street before 8:30 a.m. and after 3:30 p.m., unless otherwise shown in the approved traffic control plans, or unless authorization to do so is granted by the City Engineer. No reduction of traveled way width shall be permitted on any City street before 8:30 a.m. or after 3:30 p.m., on weekends or holidays, or when active work is not being done, unless otherwise shown in the approved traffic control plans, or unless prior authorization to do so is granted by the City Engineer. 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. Special Provisions 3000-5 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. 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 3000-6 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 3000-7 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 3000-8 SECTION 4000 DIVISION 4 - TECHNICAL SPECIFICATIONS 1.0 GENERAL REQUIREMENTS The Standard Specifications as defined in Section 2000 shall govern the work for this project. All language in the Standard Specifications shall remain in full force and effect, unless the language in the prevailing Contract Document specifically cites the section number in the Standard Specification and says said provision is in lieu of that Standard Specification section. The project drawings and details are considered as part of these specifications, and any work or materials shown on the drawings and not mentioned in the specifications, or vice versa, are executed as if specifically mentioned in both. 2.0 MOBILIZATION (BID ITEM 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 and AA1-1) Traffic Control shall comply with Standard Specifications Section 600 and modified by Section 3000-4.1 and these special provisions. 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 and AA1-2) 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. Technical Specifications 4000-1 4.1 Water Quality Management Plan (No Bid Item) 4.1.1 Water Quality Management Plan Contractors shall comply with the 2014 Whitewater Region Water Quality Management Plan (WQMP) Contractor shall be responsible for installing post -construction BMPs as specified per the approved site specific WQMP. 4.1.2 Payment Payment for compliance with the WATER QUALITY MANAGEMENT PLAN shall be considered as included in other items of work and no additional compensation will be allowed therefore. 5.0 CLEARING AND GRUBBING (BID ITEM No. 4 and AA1-3) 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. 300-1.1.1 Removal and Disposal of Materials 300-1.1.1.1 General [Add the following]: All materials removed shall be disposed of in a legal manner at an appropriate Disposal Site. 300-1.1.1.2 Requirements. [Add the following]: (a) Excess soil, turfgrass, trees, stumps, and plant material to be removed as indicated in the project documents. (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), if required. 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 lights, 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. Technical Specifications 4000-2 (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 lighting, conduit, wire, trees, plants, and hardscape of the same kind, to the satisfaction of the City whether indicated on the plans or not. (7) Provide saw cutting of asphalt paving and installation of sleeving per City of La Quinta Detail 600 where existing sleeving for irrigation and wiring cannot be located. (8) 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]: Clearing and Grubbing shall be paid for at the lump sum (LS) contract price and no additional compensation will be allowed. Payment shall include full compensation for furnishing all labor, materials, tools, equipment, and doing all work involved in clearing and grubbing as specified 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," Section 401, "Removal," of the Standard Specifications and these Special Provisions: 300-2.1 General. [Add the following] Unclassified Excavation shall include excavating, loading, stockpiling, hauling, and disposing of surplus material and or aggregate base to the subgrade depth indicated on the plans or as directed by the Engineer. Saw cutting and removal of existing asphalt concrete pavement, excavation, fills, and compaction, to complete the roadway section, shall be included in this item of work. 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. Technical Specifications 4000-3 300-2.6 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 DEMOLITION AND DISPOSAL (BID ITEMS 5, 26, and AA14) This Section shall conform to Sub -Section 6, "Clearing and Grubbing" of these technical provisions and the following: Existing Bituminous Pavement Removal shall conform to the provisions in Section 401 "Removal", of the Standard Specifications and these Special Provisions: Existing bituminous pavement removal shall include sawcutting, excavating, loading, stockpiling, hauling, and disposing of existing bituminous pavement material and/or aggregate base to the subgrade depth indicated on the plans or as directed by the Engineer. Sawcutting and removal of existing bituminous concrete pavement shall be included in this item of work. 300-1.3.2 (a) "Bituminous Pavement" shall be amend as follows: Removal of bituminous pavement shall be made to a sawcut at the designated lines of removal shown on the Plans or as designated by the Engineer. Location of sawcut and width of existing pavement to be removed shall be as shown on the plans or as determined by the Engineer in the field. Payment for sawcutting shall be included in the compensation paid for the pavement removal and no additional compensation will be allowed. Minimum laying depth of new pavement material shall be 0.10 foot at join lines. The areas and quantities shown on the plans or specifications are given only for the Contractor's aid in planning the work and/or preparing bids. The Engineer shall designate the limits to be removed and these designated areas shall be considered to take precedence over the areas shown on the plans. No guarantee is made that areas or quantities shown will equal the areas or quantities designated by the Engineer. Spalled or loose blocks of pavement and pavement cracks wider than 3/8 inch will be deemed justification for extending or adding to the removal and replacement of asphalt concrete pavement. The areas indicated for removal and replacement shall be excavated to the full depth of the proposed pavement section (asphalt), regardless of thickness. The City does not have boring data. No warranty is given or implied as to the thickness, or to the amount of material which may result from the removal of the street pavement. If the Contractor wishes to personally check the existing pavement thickness, the City Engineer's office will cooperate by issuing the necessary encroachment permit upon application by the Contractor. Existing Concrete Pavement Removal shall conform to the provisions in Section 401, Technical Specifications 4000-4 "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. Demolition and Disposal shall be paid for on a lump sum (LS) basis and shall include full compensation in furnishing all labor, materials, tools and equipment as specified in the SSPWC and the Special Provisions, including loading, hauling, stockpiling and legal disposal, shall be included in this item of work for which removal and disposal of materials are required per approved design plan, as directed by the Engineer, equipment, as defined in the SSPWC and the Special Provisions. No further compensation will be allowed therefore. 8.0 GRADING AND SUBGRADE PREPARATION (NO BID ITEM) Preparation of the pavement subgrade shall conform to the provisions of Section 301-1 of the Standard Specifications and these Special Provisions. 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. 9.0 ASPHALT CONCRETE (BID ITEM No. AA1-6 and AA1-7) 301-2 UNTREATED BASE 301-2.1 General. [Replace with the following]: Untreated base shall be Class II Aggregate Base or Crushed Aggregate Base and shall conform to the Provisions of the Section 200-2 "Untreated Base Materials" of the Standard Specifications. 301-2.4 Measurement and Payment. [Add the following]: The contract Unit price paid per Square Foot of 3" Asphalt Concrete Over 4" Aggregate Base Over 12" Scarified and Compacted Native includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in constructing and placing Aggregate Base, complete in place, including hauling, grading, shaping, watering and compacting the Aggregate Base, 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 4000-5 203-6 ASPHALT CONCRETE 203-6.1 General. [Add the following to the end of the subsection]: Asphalt concrete shall conform to the provisions of Subsection 200-1.2, "Rock Products," and Subsection 302-5, "Asphalt Concrete Pavement". The viscosity grade of paving asphalt shall be PG 70-10. The following aggregate size shall be used. Asphalt Base Course III -C2 -PG 70-10 1/2" Max. Medium — 1.5" Total Thickness Finish Course III -C2 -PG 70-10 1/2" Max. Medium — 1.5" Total Thickness 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. Both the base and finish course shall be machine placed. 9.3 Saw cutting Existing asphalt concrete pavement that is to match proposed asphalt concrete surfacing shall be sawcut to a neat vertical face. A minimum two feet (2') sawcut shall be provided along all existing pavement edges. Existing asphalt concrete pavement that is unsound, as determined by the City Inspector or City Engineer shall be removed to limits as required. Payment for saw cutting is included in the cost of associated items and no additional payment will be made therefore. Technical Specifications 4000-6 9.4 Asphalt Tack Coat 302-5.4 Tack Coat (replace with the following) Prior to paving over against asphalt concrete, the surface shall be cleaned, cracks shall be sealed as shown below, and the surface shall have a tack coat of SS -1 h emulsion at a rate of 0.10 gallon per square yard applied. The surface shall be free of water, foreign material, or dust, when the tact coat is applied. To minimize public inconvenience, no greater area shall be treated in any one day than is planned to be covered by asphalt concrete during the same day unless otherwise authorized by the Engineer. A similar tack coat shall be applied to the surface of any course, if the surface is such that a satisfactory bond cannot be obtained between it and a succeeding course. The contact surfaces of all cold pavement joints, curbs, gutters, manholes, shall be painted with grade SS -1 h emulsified asphalt immediately before the adjoining asphalt concrete is placed. 9.5 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 3. Prior to placing the Court Surfacing, 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. a. 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. 9.6 Maintenance and Protection 1. After an area has been released to the Contractor he shall assume complete responsibility for maintenance and protection responsibilities without the written authorization of the CITY 2. All surfaces, structures, manholes, gratings, etc., damaged after the areas have been released to Contractor, whether such damage was caused by the Contractor or other contractors working on the site, shall be repaired by the Contractor at no additional cost to the City, unless the maintenance and protection responsibilities of the Contractor has been waived in writing by the CITY. 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. Technical Specifications 4000-7 9.7 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. 9.8 Measurement and Payment. [Add the following]: The contract Unit price paid per Square Foot for 3" Asphalt Concrete Over 4" Aggregate Base Over 12" Scarified and Compacted Native 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. The contract Unit price paid per Square Foot for Asphalt Crack Fill includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in Asphalt Crack Fill prior to Court Surfacing, 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. 10.0 MODIFY, RELOCATE AND REPAIR EXISTING LIGHTING/ELECTRICAL (BID ITEM 7) The contractor shall test all existing electrical systems and report to the City what is in need of repair before starting demolition. The contractor shall furnish and install all electrical equipment and materials required for a complete electrical system after all landscape modifications. All equipment and materials shall comply with the requirements of the governing code and the serving utility and shall be approved and identified by Underwriters Laboratories, Inc. (UL). Work includes, but is not necessarily limited to, the following. Modifying the existing electrical system to remove existing lights. 2. Installation of new light fixtures and cutting and capping broken or non-functioning lights at the direction of the City. 3. Installation of new pull rope and sealant. 4. Protecting lights, wires, and conduit in place it possible. Technical Specifications 4000-8 At no time shall the placement of equipment or devices create a condition that is not allowed by the California Electrical Code or local jurisdiction. In the event changes of locations for equipment or devices are necessary due to field conditions the change shall be made without cost. This assumes that the change is ordered before modifications are made and work directly connected to same is modified and no extra materials are required. The contractor shall coordinate the location of all pull boxes with the City prior to construction. Coordinate and cooperate in every way with other trades in order to avoid interference and assure a satisfactory job. Prior to starting any underground work, the contractor shall notify DIGALERT at 811 and request an underground infrastructure search and identify report. Perform cutting and patching of the construction work which may be required for the proper installation of the electrical work. Patching shall be per city of La Quinta Standard Detail #600. Match the surrounding work to the satisfaction of the City. Trenches shall be in accordance with City of La Quinta Std. detail #600. The following specifications are included in the event modifications are required to provide a complete operable electrical system: Conduit Conduit shall be Polyvinyl chloride, Schedule 40 for all underground applications, or schedule 80 as required per project requirements. Conduit Installation: 1. Underground conduits entering pullboxes shall enter from the bottom of the pullbox unless indicated otherwise. Provide end bell fitting on the end of each conduit 2" or larger entering the pullbox. Provide waterproof sealant "Duct Seal" after conductors have been installed. 2. Provide metallic or plastic caps on all conduits during construction until installation of conductors. 3. Provide all trenching, excavation, shoring and backfilling required for the proper installation of underground conduits. Make trenches a minimum of 6 inches wider than the duct bank. 4. Install underground conduit, not less than 18" below finished grade in non -traffic areas and 24" below finished grade in traffic areas, including roads. Install long radius bends in all underground conduits in excess of 100 feet long. Technical Specifications 4000-9 5. Provide a yellow magnetic detector tape over the entire length of all new underground conduits, if new conduits are required. Place tape in backfill at a depth not to exceed 12 inches below finish grade or as required by the manufacturer. Pullboxes Pullboxes shall be rectangular plastic with locking lid with base. Provide graylid permanently marked indicating the system installed. Provide a minimum of 12" deep bedding base of crushed rock 3/4" size in the bottom of the excavation. Bedding shall be level and well compacted by a minimum of four passes with a plate type mechanical vibrator. Entrances of conduits/ducts shall terminate with end -bells inside the pullbox. Grounding Grounding shall be executed in accordance with all applicable codes and regulations, both of the State of California and local authorities having jurisdiction. Each pull box or any other enclosure in which several ground wires are terminated shall be equipped with a ground bus secured to the interior of the enclosure. The bus shall have a separate lug for each ground conductor. No more than one conductor shall be installed per lug. The maximum resistance to ground shall not exceed 5 ohms. Wire and Cable Branch circuit and fixture joints for #10 AWG and smaller wire shall be made with UL - approved connectors listed for 600 volts, approved for use with copper and/or aluminum wire. Connector to consist of a cone-shaped, expandable coil spring insert, insulated with a nylon shell and 2 wings placed opposite each other to serve as a built-in wrench or shall be molded one-piece as manufactured by "Scotchlok." Branch circuit joints of #8 AWG and larger shall be made with screw pressure connectors made of high strength structural aluminum alloy and UL -approved for use with both copper and/or aluminum wire as manufactured by Thomas & Betts. Joints shall be insulated with plastic splicing tape, half -lapped and at least the thickness equivalent to the conductor insulation. Tapes shall be fresh and of quality equal to Scotch. Use U.L. listed pulling compound for installation of conductors in conduits. All splices in exterior pull boxes and landscape light fixtures shall be cast resin encapsulated. Power conductor splices - 3M Scotchcast Series 82/85/90; Plymouth or equal. No underground splices shall be made in control or signal circuits. Technical Specifications 4000-10 Neatly group and lace all wiring in panelboards with plastic ties at 3" on centers. Tag all spare conductors. Work includes, but is not limited to, furnishing and installing all electrical components to modify and repair the existing lighting electrical system per plans, specifications and bid schedule. This item shall include all labor, materials, tools, equipment, transportation, and incidentals for performing the work. Full compensation for complying with these requirements shall be at a unit cost "lump sum" to provide a complete and fully operational electrical lighting system including pullboxes, etc., as indicated on the plans and in the specifications. 11.0 CONCRETE AND MASONRY CONSTRUCTION (BID ITEMS No. 9 and AA1-9) 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. 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 and concrete bands 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. 11.1 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. Technical Specifications 4000-11 303-5.1.1 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, pads, cross gutters and access ramps shall have a medium broom finish. 303-5.9 Measurement and Payment. [Add the following to this section]: 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 Concrete Banding — 2' Wide, 6" Thick shall be at the contract bid price per Linear 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. 12.0 PROVIDE NEW SLEEVING PER CITY STANDARD 600 (BID ITEM 8) Sawcut and remove asphalt paving per City Standards. Install new sleeving per plans at depth of not less than 18 inches except that sleeving placed behind a curb shall not be less than 18 inches nor more than 36 inches below top of curb. Sleeves under asphalt shall not be placed less than 24 inches. Sleeves shall be installed behind curb within City right-of-way in a straight line. New Sleeving shall be paid for at the lump sum (LS) contract price and no additional compensation will be allowed. Payment shall include full compensation for furnishing all labor, materials, tools, equipment, and doing all work involved in as specified for new sleeving and no additional compensation will be allowed therefore. Technical Specifications 4000-12 13.0 WALL CLEANING (BID ITEM 10) Remove all surface contamination by pressure washing with an appropriate cleaner TO REMOVE CALCIUM BUILD UP FROM WALL, rinse thoroughly and allow to dry to the satisfaction of City. Remove loose stucco, wires, efflorescence, or laitance. Make stucco repairs as required by the City. Allow new patches to cure for 30 days, if painting can't wait 30 days, allow surface to dry 5-7 days and prime with Loxon Concrete and Masonry Primer/Sealer. Repair cracks, voids, and other holes with an elastomeric patch or sealant to satisfaction of City. Seal stains from water, smoke, ink pencil, grease, etc. with an appropriate primer/sealer. Wall Cleaning shall be paid for on a lump sum (LS) basis and shall include furnishing all labor, equipment, tools and materials necessary for prepping and cleaning walls per approved plans. The price of this items shall also include any incidentals for doing the work involved in painting as defined in the SSPWC and the Special Provisions. No further compensation will be allowed therefore. 14.0 KEYSTONE CONCRETE RETAINING BLOCK WALLS (BID ITEMS 11 THROUGH 14 AND 28) [Add section]: 900-1 Description Work shall consist of designing, furnishing and construction of a Keystone Legacy Stone® Straight Split Retaining Wall System in accordance with these specifications and in reasonably close conformity with the lines, grades, design, and dimensions shown on the plans. Approved equal wall systems will be considered. Work includes preparing foundation soil, furnishing and installing leveling pad, and backfill as shown on the plans and according to manufacturer's recommendations. 900-2 Related Sections Earthwork 900-3 Submittals/Certifications Contractor shall submit a Manufacturer's certification, prior to start of work, that the retaining wall system components meet the requirements of this specification and the structure design. 900-4 Delivery, Storage and Handling Contractor shall check all materials upon delivery to assure that the proper type, grade, color, and certification have been received. Technical Specifications 4000-13 Contractor shall protect all materials from damage due to jobsite conditions and in accordance with manufacturer's recommendations. Damaged materials shall not be incorporated into the work. 900-5 Products 900-5.1 Definitions Keystone Legacy Stone® Straight split cored unit - a concrete retaining wall element machine made from Portland cement, water, and aggregates. 900-5.2 Keystone Concrete Retaining Wall Units Keystone concrete units shall conform to the following architectural requirements: Face color - tan, unless otherwise specified. Face finish —straight face configuration. 6" height cored block with 3" height Keystone cap, installed with exterior construction grade adhesive. Bond configuration - running with bonds nominally located at midpoint vertically adjacent units, in both straight and curved alignments. Exposed surfaces of units shall be free of chips, cracks or other imperfections when viewed from a distance of 10 feet under diffused lighting. Keystone concrete materials shall conform to the requirements of ASTM C1372 - Standard Specifications for Segmental Retaining Wall Units. Keystone concrete units shall conform to the following structural and geometric requirements measured in accordance with ASTM C140 Sampling and Testing Concrete Masonry Units: • Compressive strength: >_ 3000 psi (21 MPa); • Absorption: <_ 8 % for standard weight aggregates; Dimensional tolerances: ± 1/8" (3 mm) from nominal unit dimensions not including rough split face; • Unit size: 8" (203 mm) (H) x 18" (457 mm)(W) x 18" (457 mm)(D) minimum; • Unit weight: 93-lbs/unit (42 kg/unit) minimum for standard weight aggregates. Keystone concrete units shall conform to the following performance testing: • Inter -unit shear strength in accordance with ASTM D6916 (NCMA SRWU-2): • 1500-plf (21 kN/m) minimum at 2 -psi (13 kPa) normal pressure. Keystone concrete units shall conform to the following constructability requirements: • Vertical setback: 1/8" (3 mm) ± per course (near vertical) or 1" (25 mm) + per course per the design; Technical Specifications 4000-14 • Horizontal gap between erected units shall be <_ 1/2 inch (13 mm). 900-5.3 Base Leveling Pad Material Material shall consist of a compacted crushed stone base or non -reinforced concrete as shown on the construction drawings. 900-6 Execution 900-6.1 Excavation Contractor shall excavate as shown on the construction drawings. City Inspector shall inspect the excavation and approve prior to placement of leveling material or fill soils. Proof roll foundation area as directed to determine if remedial work is required. Over -excavation and replacement of unsuitable foundation soils and replacement with approved compacted fill will be compensated as agreed upon with the City Inspector. 900-6.2 Base Leveling Pad Leveling pad material shall be placed as shown on the construction drawings, to a minimum thickness of 6 inches and extend laterally a minimum of 6" in front and behind the Keystone wall unit. Soil leveling pad materials shall be compacted to a minimum of 95% Standard Proctor density per ASTM D-698 or 92% Modified Proctor Density per ASTM D1557. Leveling pad shall be prepared to insure full contact to the base surface of the concrete units. 900-6.3 Keystone Unit Installation First course of units shall be placed on the leveling pad at the appropriate line and grade. Alignment and level shall be checked in all directions and ensure that all units are in full contact with the base and properly seated. Place the front of units side-by-side. Do not leave gaps between adjacent units. Layout of corners and curves shall be in accordance with manufacturer's recommendations. Install shear/connecting devices per manufacturer's recommendations. Place and compact backfill soil behind wall. Maximum stacked vertical height of wall units, prior to backfill placement and compaction, shall not exceed three courses. 900-6.5 As -Built Construction Tolerances Vertical alignment: ± 1.5" (40 mm) over any 10' (3 m) distance. Technical Specifications 4000-15 Wall Batter: within 2 degrees of design batter. Horizontal alignment: ± 1.5" (40 mm) over any 10' (3 m) distance. Corners, bends & curves: ± 1 foot (300 mm) to theoretical location. Maximum horizontal gap between erected units shall be 1/2 inch (13 mm). 900-6.6 Field Quality Control Quality Control testing shall include soil and backfill testing to verify soil types and compaction and verification that the retaining wall is being constructed in accordance with the design plans and project specifications. This item shall be paid for on a square foot (SF) basis and shall include furnishing all labor, equipment, tools and materials necessary for installation of Keystone concrete retaining block walls per approved plans. The price of this item shall also include any incidentals for doing the work involved in constructing the walls as defined in the project plans and specifications. 15.0 INTERLOCKING CONCRETE PAVERS — INSTALLATION ONLY (BID ITEM 17) Summary A. Section Includes: Interlocking concrete pavers including aggregate base course, mat, and sand laying course. B. Related Documents: The Conditions of the Contract and Division 1 apply to this section as fully as if repeated herein. C. Related Sections: 1. Section 201 of the Standard Specifications 2. Section 200-2 of the Standard Specifications D. Related Work: 1. Preparation of sub -base. 2. Installation of concrete paving. 3. Installation of Class II Base. Technical Specifications 4000-16 References A. The editions of the specifications and standards referenced herein, published by the following organizations, apply to the concrete pavers only to the extent specified by the reference. Refer to Section 1 for information concerning availability and use of references. B. American Society of Testing and Materials (ASTM) C. Interlocking Concrete Pavement Institute (ICPI) D. State of California, Department of Transportation, Standard Specifications Submittals A. Quality Assurance: 1. Installer Qualifications: A firm which has specialized in installation of precast concrete pavers for not less than 3 years and which is acceptable to manufacturer of pavers. Installer must possess a current ICPI Installation Certificate. 2. Field Constructed Mock -Up: a) Install a 7'-0" by 7'-0" paver area. b) Use this area to determine surcharge of the bedding sand layer, joint sizes, lines, laying pattern(s), color(s), and texture of the job. c) This area will be used as the standard by which the work will be judged. d) Subject to Owner/Owner Representative's acceptance of visual qualities of the mock-up before start of paver work. Sample panels, if approved, may be left in place as part of the completed construction. e) If mock-up is not retained, remove and properly dispose of mock-up. B. Project Conditions 1. Contractor shall acquaint himself with all site conditions. Should utilities or other work not indicated be found during excavations, notify the Landscape Architect for instructions as to further action. Failure to do so will make Contractor liable for all damage thereto arising from his operations subsequent to discovery of such utilities not indicated. Technical Specifications 4000-17 Products A. Pavers: Interlocking Concrete Pavers: Colors, sizes and patterns shall be as indicated on the drawings. Materials: 1. Bedding and Joint Sand: Provide bedding and joint sand as follows: a) Washed, clean, non -plastic, free of deleterious or foreign matter, symmetrically shaped, natural or manufactured from crushed rock. b) Do not use limestone screenings, stone dust, or sand for the bedding sand material that does not conform to the grading requirements of ASTM C 33. c) Do not use mason sand or sand conforming to ASTM C 144 for the bedding sand. d) Where concrete pavers are subject to vehicular traffic, utilize sands that are as hard as practically available. e) Sieve according to ASTM C 136. f) Bedding Sand Material Requirements: Grading requirements for bedding sand per ASTM C 33. Conform to the grading requirements of ASTM C 33 with modifications as follows: Sieve Size Percent Passin 3/8 inch 100 No. 4 95-100 No. 8 80-100 No. 16 50-85 No. 30 25-60 No. 50 5-30 No. 100 0-10 No. 200 0-1 g) Joint Material Requirements: Provide Elastomeric Sand. Technical Specifications 4000-18 h) Grading requirements for joint sand per ASTM C 144. Conform to the grading requirements of ASTM C 144 with modifications as follows: Natural Sand Manufactured Sand Sieve Size Percent Passing Percent Passing No. 4 100 100 No.8 95-100 95-100 No. 16 70-100 70-100 No. 30 40-75 40-100 No. 50 10-35 20-40 No. 100 2-15 10-25 No. 200 0-1 0-5 i) Edge Restraints: Provide steel edge restraints installed around the perimeter of all interlocking concrete paving unit areas. Execution A. Examination: 1. Acceptance of Site Verification of Conditions: a) Examine related work and surfaces before starting work of this section. Report to the Landscape Architect, in writing, site conditions which will prevent the proper completion of this work. Beginning the work of this section without reporting unsuitable conditions constitutes acceptance of site conditions. Required removal, repair, or replacement of this work caused by unsuitable conditions shall be done at no additional cost to Owner. b) Verify that subgrade preparation, compacted density, and elevations conform to specified requirements. c) Verify that geotextiles, if applicable, have been placed according to Drawings and Specifications. d) Verify that base materials, thickness, surface tolerances and elevations conform to specified requirements. e) Provide written density test results for soil subgrade base materials. Technical Specifications 4000-19 f) Verify location, type, and elevations of edge restraints, utility structures, and drainage inlets. g) Verify that subbase or adjacent concrete paving has been installed to finish grades indicated less sand leveling course and paver thickness. 2. Preparation: a) Subgrade: Scarify earth subgrade to a depth of not less than 6 inches and compact it to 95 percent of maximum density. b) Edge Restraint: Restrain all edges of paver installation. Where permanent structures do not provide edge restraint, install concrete toe or other suitable methods as recommended by the paver manufacturer to prevent movement of edge pavers. Install edge restraints as indicated on Drawings. 3. Installation: Spread bedding sand evenly over the base course and screed to a nominal 1 -inch thickness, not exceeding 1 -1/2 -inch thickness. Spread bedding sand evenly over the base course and screed rails, using the rails and/or edge restraints to produce a nominal 1 -inch thickness allowing the specified variation in the base surface. a) Do not disturb screeded sand. b) Screeded area shall not substantially exceed that which is covered by pavers in one day. c) Do not use bedding sand to fill depressions in the base surface. d) Lay pavers in pattern(s) indicated on Drawings. Place units hand tight without using hammers. Make horizontal adjustments to placement of laid pavers with rubber hammers and pry bars as required. e) Provide joints between pavers between 1/16 inch and 3/16 inch wide. No more than 5% of the joints shall exceed 1/4 -inch -wide to achieve straight bond lines. f) Joint (bond) lines shall not deviate more than +/- 1/2 inch over 50 feet from string lines. g) Fill gaps at the edges of the paved area with cut pavers or edge units. h) Cut pavers to be placed along with edge with a double blade paver splitter or masonry saw. i) Cut pavers as indicated on Drawings. All cut pavers exposed to vehicular tires shall be no smaller than 1/3 of a whole paver. Technical Specifications 4000-20 j) Keep skid steer and forklift equipment off newly laid pavers that have not received initial compaction and joint sand. k) Use a low amplitude plate compactor capable of at least minimum of 4,000 Ibf at a frequency of 75 to 100 Hz to vibrate the pavers into the sand. Remove any cracked or damaged pavers and replace with new units. 1) Simultaneously spread, sweep, and compact dry joint sand into joints continuously until full. This will require at least 4 to 6 passes with a plate compactor. Do not compact within 6 feet of unrestrained edges of paving units. m) All work within 6 feet of the laying face must be fully compacted with sand -filled joints at the end of each day or compacted upon acceptance of the Work. Cover the laying face or any incomplete areas with plastic sheets overnight if not closed with cut and compacted pavers with joint sand to prevent exposed bedding sand from becoming saturated from rainfall. n) Allow excess joint sand to remain on surface to protect pavers from damage from other trades. Remove excess sand when directed by City. o) Surface shall be broom clean after removal of excess joint sand. Field Quality Control A. The final surface tolerance from grade elevations shall not deviate more than +/- 3/8 inch under a 10 -foot straightedge. B. Check final surface elevations for conformance to Drawings. C. The surface elevations of pavers shall be 1/8 inch to 1/4 inch above adjacent drainage inlets, concrete collars or channels. D. Lippage: No greater than 1/8 -inch difference in height between adjacent pavers. Clean -Up and Protection A. Protect finished Work from damage due to subsequent construction activity on the site. B. Upon completion of work, remove from the premises all surplus materials, tools, equipment, rubbish and debris resulting from the work. Installation of interlocking pavers shall be paid for at the square foot (SF) contract price and no additional compensation will be allowed. Payment shall include full compensation for furnishing all labor, materials (except pavers), tools, equipment, and doing all work involved in interlocking pavers as specified and no additional compensation will be allowed therefore. Technical Specifications 4000-21 16.0 PICKLEBALL COURT SYNTHENTIC SURFACING (BID ITEM AA1-10) [Add Section] Pickleball court sizing, painting, and striping shall be in conformance with the regulations put forth by the USA Pickleball (USAPA) regulation size and as per the plan details. Description: A combination of a two component solid pour urethane with precured rubber granules, and dehydrating cement powders. Acceptable products or equal: a) Crossfield Products Corp.; Dex-O-Tex Resilient Athletic Surfacing b) Sports Technology Group, Inc.; Amerisport Track #1 c) Sportec International, Inc.; Laykold 400 Physical Properties: When properly combined and installed, the base pour material and texture coat shall meet or exceed the following characteristics: a) Surface Hardness: Shore A hardness of 60-75 in accordance with ASTM D2240. b) Moisture Absorption: 2.5 percent or less in accordance with MIL -D -3134- c) Abrasion Resistance: 0.270 Wear Index in accordance with FTMS #141, Method 6192 (CS #17 wheel). Colors: As indicated on plans. This item shall be paid for on a square foot (SF) basis and shall include furnishing all labor, equipment, tools and materials necessary for installation of pickleball court synthetic surfacing and striping per approved plans. The price of this item shall also include any incidentals for doing the work involved in as defined in the project plans and specifications. 17.0 SITE AMENITIES (BID ITEMS AA1-11 THROUGH AA1-14) Contractor to provide and install the following site amenities as per the project plans and manufacturer specifications: a) Pickleball Fence and Gates Four feet height — chain link sports fence — color: black. Two gates as indicated at 36" width. Type A Fencing: Fencing with a fabric height of 48 inches and top rail and bottom tension wire. Posts shall be fitted with post tops. Submit shop drawings showing layout with post spacings and details illustrating fence height, location and sizes of posts, rails, braces, gates, hardware, anchorage details. Technical Specifications 4000-22 Provide fences and gates meeting the accessibility requirements of the 2010 California Building Code (CBC) Title 24 Part 2 Chapter 11 - Accessibility; and ADA Accessibility Guidelines for Buildings and Facilities, dated June 26, 1991 as amended April 5, 1993 and January 18, 1994, and July 2004. Galvanized Steel Finish: ASTM A 392, Class 2, with not less than 2 ounces zinc per square foot of uncoated wire surface. b) Pickleball Net and Posts Net: Douglas PN -30 Pickleball Net SKU 20103 as manufactured by: Douglas Industries, Inc. 3441 S. 11 th Ave. Eldridge, IA 52748 Phone: 800-553-8907 Fax: 800-443-8907 www.douglas-sports.com 3.Omm Solid Core Knotted Braided Polyethylene with 285 Ib. Break Strength Single Ply Vinyl Coated Polyester Headband 32 oz./sq. yd. Black Vinyl Side Pockets with Fiberglass Dowels Net Dimensions: 31" high X 21'9" long Posts: Douglas SW -36 Deluxe Pickleball Posts 2-7/8" OD — Color: Black — SKU 63079 as manufactured by: Douglas Industries, Inc. 3441 S. 11 th Ave. Eldridge, IA 52748 Phone: 800-553-8907 Fax: 800-443-8907 www.douglas-sports.com 54" in length and sit 36" above court surface 2-7/8" OD posts are constructed from heavy-duty 8 -gauge steel. Systems are finished with black baked -on polyester powder coat to resist rust and increase durability. Gear caps are made from die-cast zinc. Aluminum reel offers a smooth adjusting operation with a side mounted removable handle. External gears and handle are finished in black baked -on polyester powder coat finish to resist rust and increase durability. Technical Specifications 4000-23 Warranty: 5 Year Limited Post Sleeves: Douglas GS-24RD/AL Aluminum Ground Sleeves 24" Long for 2-7/8" OD Posts — SKU 63171 as manufactured by: Douglas Industries, Inc. 3441 S. 11 th Ave. Eldridge, IA 52748 Phone: 800-553-8907 Fax: 800-443-8907 www.douglas-sports.com c) Benches Model TF5027 — Color: Buff — Finish: Weatherstone as manufactured by: Belson Outdoors 627 Amersale Drive Naperville, IL 60563 (800) 323-5664 1 Fax: (630) 897-0573 www.belson.com Size: 72" L x 18" W x 16" H Weight: 900 lbs Seating Capacity: 5-6 persons. Material: Reinforced Precast Concrete Reinforcing: 1/2" Dia. steel rebar Hardware: (4) - 3/8" Dia. threaded inserts for anchoring Portland Cement: ASTM C150 specifications for Portland Cement. Aggregates: All aggregates to meet ASTM C33 specifications, to be cleaned of foreign matter and properly graded to size. Coloring: Pigments used shall be inorganic, resistant to alkalinity and used as per manufacturers recommendations. d) Drinking Fountain Model 10155 SM Pet Drinking Fountain — Color Blue - as manufactured by: Most Dependable Fountains 5705 Commander Drive Arlington, TN 38002 (901)867-0039 Fax: (901) 867-4008 www.mostdependable.com Water Quality (Lead Free): Section 9, California Proposition 6 and the Federal Safe Drinking Water Act. Standard Pedestal: One piece weld construction with MDF standard 3/16" wall thickness. Technical Specifications 4000-24 Receptor Bowl: 18 gauge electro -polished stainless steel bowl. Bowl overlaps pedestal, preventing buildup of residue in visual drinking area. Optional stainless steel Bowl Strainer recommended for areas with sand. Bottle Filler Spout: Sanitary recessed nozzle. Bubbler Head: Stainless steel anti -squirt head (weighing a pound and a half) mounted with a lock nut and washer to prevent tampering. Lock nut pin holds bubbler in locked position to prevent twisting or turning. The MDF bubbler head has a unique design that features a steady stream trajectory and a built in natural shield from contamination. Push Bar: 304 stainless steel with circumference exceeding 8.6". Mushroom style push bar overlaps and prevents sand and other objects from sticking push bar in the ON position. Stainless steel bubbler housing standard. Control Valve: Requires less than 5 lbs to operate. Non -cartridge O-ring valve delivers steady stream of water through an adjustable valve. This valve design is to operate and function at 30 to 80 PSI. Ideal operating pressure is 60 PSI. Water Supply: Maintenance free reinforced nylobraid tubing - this tubing is not plastic. It is supplied with a 1/2" MIP threaded inlet with stainless steel strainer. Union fittings at every connection. Supply line stops above grade. Water Filter is standard on this model. Drain: 1 1/2" schedule 40 PVC pipe. Drain line stops above grade. Finish: Oven baked powder coat. Installation: Surface Mount installation, is designed to be anchored on top of a new or existing surface (concrete,etc.) For a new surface, a surface mount carrier is recommended. For an existing surface, anchor bolts are to be used through the attached mounting plate. Surface Mount Fountains come standard with an access door with vandal resistant stainless steel screws. Warranty: One year warranty, labor not included. Site amenities to be for on a linear foot (LF) basis for the pickleball fencing and gates, and on a per each (EA) basis for the remaining elements and shall include furnishing all labor, equipment, tools and materials necessary for installation of the site amenities per approved plans. The price of this item shall also include any incidentals for doing the work involved in as defined in the project plans and specifications. Technical Specifications 4000-25 18.0 LANDSCAPE AND IRRIGATION (BID ITEMS 6,15 THROUGH 25,27 AND 29 THROUGH 36) Landscape and irrigation shall conform with Section 800 "Landscape and Irrigation Materials", and Section 801 "Landscape and Irrigation Installation", of the Standard Specifications and these Special Provisions. 800-1 LANDSCAPE MATERIALS Material lists and submittals to be approved by City. Nursery visit for approval by City. 800-1.2.3 Commercial Fertilizer [Add the following]: For bidding purposes, commercial fertilizer will bear the manufacturer's guaranteed statement of analysis and will meet the following minimum requirements: 16% nitrogen, 20% phosphoric acid, 20% potash, when used from October to March or, a slow release formulation like 16% nitrogen, 6% phosphoric acid, 8% potash or 15% nitrogen, 4% phosphoric acid, 6% potash when used from April to September. Fertilizers will be applied at the rate recommended by the manufacturer and agronomic soils test recommendations. 800-1.2.4 Organic Soil Amendments Specified as Type 1. 800-1.2.5 Mulch [Add subsection]: Type 7 — Decomposed Granite Fines All planting areas to be covered with 3/8" or 3/4" crushed rock, 3/8" minus decomposed granite, 6" minus rubble, or 12"-18" cobble as per plan. Color for the 3/4" crushed rock shall be Desert Gold or approved equal; color for the 3/8" crushed rock shall be Apache Brown or approved equal; color for 3/8" minus decomposed granite with 20% fines shall be Desert Gold or approved equal; color for 6" minus cobble shall be Baja Cresta Rubble or approved equal and Cresta Rubble or approved equal; color for 12"-18" cobble shall be Sierra or approved equal. Available from Southwest Boulder and Stone, Phone (800) 540-1147 or equal. Contractor to submit one sample of each type for approval prior to installation. Technical Specifications 4000-26 800-1.4 Plants 800-1.4.1 General [Add the following]: All plants will be true to name, trees and plant species will be tagged with the name and size of plants in accordance with the standards of practice recommended by the American Association of Nurserymen. The root condition of plants furnished in containers will be checked. The City's representative will check all plants of each species or variety from each source. All plants rendered unsuitable will be rejected and replaced at no additional cost. In case the sample plants are found to be defective, the entire lot or lots of plants represented by the defective samples may be rejected. All trees and shrubs shall be from nurseries in geographical areas with similar climates and transported covered. The specified standard height and diameter will be set by the American Standard for Nursery Stock. City will visit local nurseries or suppliers. 800-1.5.2 Headers and Stakes [delete subsection and add the following]: Permal-oc landscape edging - 3" height — color: black- AsphaltEdge. Install per plans and details. 800-1.6 Boulders [Add subsection]: Size and quantity shall be as shown on the plans. Boulder surface to be free of cracks, disfragments, and broken or cracked edges. Boulder type shall be granite "Rustic Brown" as available from Southwest Boulder, Phone (800) 540-1147 or approved equal. Sample photos shall be submitted to Owner for approval or site visit will be performed by the City. 800-1.12 Certification and Submittals [Add subsection]: The following written certifications are required to be submitted to the City upon delivery of the respective materials to the job site: a. Total quantity of commercial fertilizers by type b. Total quantity of inorganic (Crushed Aggregate) and/or organic mulch C. Total quantity of Decomposed Granite, Crushed Rock, Boulders by type d. Total quantity of plants by type All submitted products may only be used when approved by the City. Substitution of materials must receive prior, written authorization from the City before delivery to the site. 800-2 Irrigation System Materials Technical Specifications 4000-27 800-2.1 Pipe and Fittings 800-2.1.1 General [Add the following]: Irrigation lateral and pressure lines shall be placed in Schedule 40 PVC pipe sleeve 2 times the pipe size where occurs under streets or paving and as directed by the City. 800-2.1.3 Plastic Pipe for use with Solvent Weld Socket or Threaded Fittings [Add the following]: All pipe 3" and smaller shall be Schedule 40 PVC Type 1, Grade 1 pipe. All plastic pipes will bear the following markings: the manufacturer's name, nominal pipe size or schedules. Main Line Fittings will be solvent welded using pipe primer ASTM F656 and pipe solvent ASTM D-2564. All other fittings will be solvent welded with pipe solvent ASTM D-2564, NSF or approved equal. 800-2.4 Sprinkler Equipment Irrigation heads will be as noted on drawings. 800-3.3 Controller Unit [Add the following]: The Irrigation Controller shall be of a conventional type that is capable of fully automatic or manual operation. The controller shall be housed in a strong box stainless steel enclosure, front entry. The controller shall have the ability to be programmed and operated in any one of six languages: English, Spanish, French, German, Italian, & Portuguese. The display shall show programming options and operating instructions in the chosen language without altering the programming or operation information. The controller shall have a maximum station capacity of 48 stations. The controller shall have a Seasonal Adjustment by program which adjusts the station run time from 0 to 300% in 1% increments. The controller shall also have a Monthly Seasonal Adjustment of 0 to 300% by month. Station timing with Seasonal Adjustment shall be from 1 second to 16 hours. The controller shall have 4 separate and independent programs which can have different start times, start day cycles, and station run times. Each program shall have up to 8 start times per day for a total of 32 possible start times per day. The 4 programs shall be allowed to overlap operation based on user -defined settings which control the number of simultaneous stations per program and total for the controller. The controller shall allow up to 8 valves to operate simultaneously per program and total for the controller including the master valves. Technical Specifications 4000-28 The controller shall have a 365 -day calendar with Permanent Day Off feature that allows a day(s) of the week to be turned off on any user selected program day cycle. (Custom, Even, Odd, Odd31, & Cyclical). Days set to Permanent Day Off shall override the normal repeating schedule and not water on the specified day(s) of the week. The controller shall also have a Calendar Day Off feature allowing the user to select up to 5 dates up to 365 -days in the future when the controller shall not start programs. The controller shall incorporate a Rain Delay feature allowing the user to set the number of days the controller should remain off before automatically returning to the auto mode. The controller shall have Cycle+Soak water management software which is capable of operating each station for a maximum cycle time and a minimum soak time to reduce water run-off. The maximum cycle time shall not extend by Seasonal Adjustment. The controller shall incorporate a FloManager feature providing real-time flow, power, and station management. FloManager shall manage the number of stations operating at any point in time based on water source capacity, station flow rate, number of valves per station; user -defined simultaneous stations per program and for the controller. The controller shall provide station priorities to determine the order in which stations shall operate. The controller shall ignore the station number and instead operate the highest priority stations first and the lower priority stations last. The controller shall offer Water Windows for each program. This function sets the allowed start and stop time where watering is allowed. If the watering cannot be completed by the time the Water Window closes, the stations with remaining run time are paused and watering automatically resumes when the Water Window opens the next time. The controller shall include an integrated Flow Smart Module with flow sensing functionality. The Flow Smart Module shall accept sensor decoder input from 1 - 5 flow sensors with no flow scaling device required. A FloWatch Learn Flow Utility which learns the normal flow rate of each station shall be included. Each time a station runs FloWatch compares the current real- time flow rate to the learned rate and takes user -defined actions if high flow, low flow, or no flow is detected. FloWatch shall automatically determine the location of the flow problem and isolate the problem by turning off the affected station(s) or master valve(s). FloWatch shall be compatible with both normally closed and open master valves. A Manual Master Valve Water Window shall be provided to coordinate daytime manual watering with the flow sensing. This Water Window shall offer programmable days of the week and manual watering additional flow rate. The irrigation controller shall have network communication capability. All network components shall be noted on plans. Technical Specifications 4000-29 SECTION 801 LANDSCAPE AND IRRIGATION INSTALLATION 801-1 General [Add the following]: Landscape and irrigation installation shall conform to the provisions of Section 308 of the Standard Specifications and their provisions. Contractor shall have appropriate licenses, bonds, insurance and City Business license. Contractor to coordinate with other trades. The CONTRACTOR shall visit the construction site and shall take all measurements and obtain any other information as may be necessary for a complete and conclusive bid. The work required is indicated on the drawings and includes, but is not necessarily limited to: soil preparation; installing irrigation system; planting and staking trees; planting shrubs and ground cover, providing and placing decomposed granite, cobble, weed control and 180 -day plant establishment period including guaranteeing plants and/or replacing plants (See Section 308-6). Landscape and irrigation workmanship and materials shall be of the highest standards and quality. All landscape materials and installations will be guaranteed against any and all poor, inadequate or inferior materials and/or workmanship for a period of not less than 180 days, except all tree species (including palm trees), which shall be guaranteed for a period of 180 days. During the guarantee period, any material found to be dead, missing, or in poor condition will be replaced by the Contractor within five (5) days of written notification. The City's representative will be the sole judge as to the condition of the material. Replacement will be made in accordance with these specifications and the plans. Material and labor involved in replacing plant material will be provided by the Contractor at no expense. All header board and rock/cobble locations to be laid out for approval prior to installation of irrigation lines and re -marked prior to placement of rock, cobble or other material. Layout shall be approved by City and/or Landscape Architect prior to installation of irrigation and/or material. 801-1.1 Inspections [Add subsection]: Inspections ensure compliance with the drawings and specifications. The Contractor will contact the City's representative at least 48 hours (two working days) in advance of each inspection. An inspection is required at each of the Technical Specifications 4000-30 following steps including but not limited to: a) Inspection of rough grade. b) Acceptance of organic mulch and taking of soil samples. c) Inspection of soil amendment work. d) Inspection of plants at nursery and upon delivery to the project site. e) Layout and acceptance of cobble, crushed rock areas. f) Irrigation pressure test prior to backfill of trench. g) Irrigation coverage test. h) Irrigation main lines, valves, laterals, and wires before backfill or during irrigation installation. i) Layout of planting prior to installation. j) At the start of the establishment period. k) At the end of the plant establishment period, after final acceptance prior to maintenance period of the project. Project acceptance will be confirmed in writing. 1) Completion of hardscape work. The Contractor is required to notify the City of work activity to be inspected. Give at least 48 hours' notice for all work. No work will proceed until the City has inspected and verbally approved the work activity. 801-1.2 Soil Testing — Refer to plans for bidding of soil amendments [Add subsection]: Soil testing is required to determine fertility of soil and required nutrient needs. The Contractor must obtain an agronomic soils test for all planting areas after soil preparation work but before planting. Tests will be performed by City approved agronomic soil testing laboratory and will include a fertility and suitability analysis with written recommendations for soil amendments including post plant fertilization needs. Results should contain a comparison between the bid/proposed amendments and the actual amendments required per the soils test. This comparison will be utilized for the evaluation of any proposed additional costs between the bid amendments and the actual amendments required. EC and SAR ratings shall be included. The soil report recommendations will take precedence over the minimum recommended amendment. A copy of the soil's report will be submitted to the City for approval. Soil testing will be considered as included in other items of work and no additional payment will be made therefore. Technical Specifications 4000-31 801-1.3 Boulders [Add subsection]: Bury boulders 1/3 of boulder dimension so that they appear in natural state. Orientation of boulder shall expose most surface area possible set as approved by Engineer. 801-1.4 Crushed Rock [Add subsection]: Crushed rock will be an imported material 3/4" in diameter Desert Gold, 3/8" in diameter for Apache Brown, 6" minus for Baja Cresta Rubble and Cresta Rubble, 12"-18" to be Sierra. Prior to placing crushed rock, fine grade area, removing rocks greater than 1" diameter, moisture condition, and compact sub -grade material. Spread crushed rock over the planting area to a 2" depth. Apply moisture after spreading and raking to compact and remove dust. 801-1.5 3/8" Minus Stabilized Decomposed Granite [Add subsection]: Decomposed Granite will be an imported material screened to include stone particle 3/8" minus Stabilizer Solutions Stabilizer Binder for Aggregate Pathways (or approved equal). Prior to placing decomposed granite, fine grade area, removing rocks greater than 1" diameter, moisture condition and compact sub -grade material. Install 3/8" minus with Stabilizer Solutions Stabilizer Binder for Aggregate Pathways according to manufacturer's recommendations and per plan. Toll Free Phone number: 800-336-2468. Stabilizer® shall be thoroughly pre -mixed with aggregate at the rate of 15 -lbs of Stabilizer® per 1 -ton of aggregate. Verify with manufacturer correct StabilizerC rate for climate. Drop spreading of Stabilizer over pre -placed aggregate or mixing by rototilling is not acceptable. Stabilizer shall be mechanically per -mixed per manufacturer's recommendations using an approved mechanical blending unit to adequately blend Stabilizer with aggregate (Bucket blending is not and approved blending apparatus). Always blend Stabilizer and aggregate dry. After pre -blending, place Stabilized Aggregate directly on prepared sub -grade. Level to desired grade and cross section. Water heavily for full depth moisture penetration of profile. Water activates Stabilizer®. Apply 25 to 45 -gallons of water per 1 -ton to achieve saturation. Randomly test for depth using a probing device, which reaches full depth. Contractor shall wait a minimum of 6-72 hours or until such time that the Stabilized Aggregate is able to accept compaction from a 1 to 5 -ton roller without separation, plowing or any other physical compromise of the aggregate. Technical Specifications 4000-32 If surface aggregate dries significantly quicker than subsurface material, lightly mist surface before compaction. Compact Stabilized Aggregate to 85% relative compaction by equipment such as; a 2 to 5 -ton double drum roller making 3 to 4 passes. Do not begin compaction for 6 hours after placement and up to 72 hours. DO NOT use a vibratory plate compactor or vibration feature on roller, as vibration separates large aggregate particles. If pumping or pancaking of surface occurs, surface is still too wet to roll. Take care in compacting surface when adjacent to planting and irrigation systems, use 8" or 10" hand tamp. Installation of Stabilized Aggregate more than 3" thick shall be installed in lifts. If 4" thick compacted (2) 2" lifts. If 5" thick compacted (2) 2.5" lifts. If Stabilized Aggregate is pre -moistened before installation entire 4" or 5" lift may be installed. Lightly spray surface area following compaction. Do not disturb aggregate surface with spray action. Finished surface shall be smooth, uniform and solid with no evidence of chipping or cracking. Cured and compacted pathway shall be firm throughout profile with no spongy areas. Loose material shall not be present on surface after installation, but may appear after use and according to environmental conditions. Pathway shall remain stable underneath loose granite on top with a "natural" look. Any significant irregularities in path surface shall be repaired to the uniformity of entire installation. Contractor shall furnish and install construction fence around new surface to prevent public access. Fencing shall be maintained in place for a minimum of 12 — 72 hours after completion of installation, or as directed by the City. Drying period may take longer due to weather conditions. Contractor shall notify City that landscape irrigation shall be restricted near Stabilized Aggregate surface until drying period is complete. Standing water on surface and adjacent to path shall be restricted at all times. 801-2.1 General [Add the following]: All grading, mounding and all weed control measures shall be completed prior to irrigation and planting. This work shall not commence until the agronomic soil test has been completed. Should 30 calendar days elapse between completion of soil preparation and commencement of planting, all areas will be prepared again. Excess soil will be placed on top of exposed wall footings and compacted to 90% Technical Specifications 4000-33 as required to cover 6" of footing with soil. City will employ Soils Engineer to provide compaction testing. Contractor shall notify City 48 hours' notice to request soils testing. Remove rocks, sticks, grass and other undesirable objects unsuitable to plants. 801-2.2.2 Fertilizers and Conditioning Procedures [Add the following]: Fertilizers will be applied according to the manufacturer's recommendation. 801-2.3 Finished Grading [Add the following]: All landscape areas will be graded to finish grades, reestablishing flow lines as approved prior to amending the soil. Finish grades will be inspected upon completion. The contractor will not proceed with planting work until finish grades have been inspected and accepted by the City. 801-2.4 Weed Control Measures [Add the following]: Apply a translocated herbicide and allow sufficient time to completely kill off all germinated weeds; herbicide to be reapplied as needed to completely eradicate all germinated weeds. Weed control shall be to the satisfaction of the City. Refer to plans. 801-4 PLANTING 801-4.1 General [Add the following]: All planting holes shall be pre-soaked and backfill shall be as recommended by the soil test report. Plant locations with flags labeled with the designated plant/shrub/tree type are to be approved by the City representative. Finish grade of crushed rock to be 1" below hardscape. 801-4.5 Tree and Shrub Planting [Add the following]: The height of the trees will be measured according to ANSI Z60.1 standards. Grade out planting area prior to planting shrubs. All shrubs will be planted similarly to the trees, in pre -moistened planting holes, roots loosened and soil gently compacted around the root ball. Plant shrubs no closer than outside of the tree's rootball. Immediately after planting, water plants. Technical Specifications 4000-34 Trees and shrubs in areas having crushed rock mulch shall be planted two inches (2") high and decomposed granite will be installed in those areas the same day as planting. No decomposed granite/crushed rock is to be placed on or in the crown of trees or shrubs. Rake smooth these plant basins and cover rootballs prior to final acceptance of 90 -day maintenance period. 801-4.7 Ground Cover and Vine Planting [Add the following]: Grade out planting area prior to planting shrubs and ground cover. All shrubs and ground cover will be planted similarly to the trees, in pre -moistened planting holes, roots loosened and soil gently compacted around the root ball. Plant shrubs and ground cover no closer than 24 inches to tree trunks and palms. Immediately after planting, water plants. 801-4.9.5 Watering [Add the following]: It will be the Contractor's responsibility to maintain a balanced watering program to ensure all plants receive proper amounts of water, well below the root system of plants. It is the contractor's responsibility to water (by hand if needed) all plant material, already planted, and plants still in their containers. Any plant material that dies as a result of the contractor's neglect shall be replaced by the contractor at no cost to the City. This includes any equipment needed, labor and materials. 801-5 IRRIGATION SYSTEM INSTALLATION 801-5.1 General [Add the following]: The drawings are essentially diagrammatic. Minor adjustments may be required due to differences between the site and drawings. Dig trenches and support pipe continuously on bottom of the ditch. Lay pipe to a level grade. Trenching excavation will follow layouts indicated on the drawings to the depth below finish grades as noted. Provide minimum cover of 24 inches for main pressure supply lines under pavement, 18 inches of cover if not under pavement, and 12 inches cover for all lateral lines. Provide minimum cover of 18 inches, maximum 24 inches for control wires. Excavation in areas where there are tree roots 2 -inches in diameter and larger will be tunneled under and will be heavily wrapped with wet burlap to prevent scarring or dying. New wiring will occupy the same trench and will be installed along the same route as the pressure supply lines and will be located below the supply lines wherever possible. Where more than one wire is placed in a trench, the wiring will be taped together at Intervals of 12 feet and labeled with numbers at each end of the wire. Technical Specifications 4000-35 Remote control wire will be direct -burial AWG -UF type, sized according to manufacturer specifications, and in no case smaller than 14 -gauge. Connections shall be either epoxy -sealed packet -type or Penn-Tite connectors. Common wires for valves shall be white in color. Control wires shall be black and numbered. An extra numbered wire shall be installed from controller to each valve location and it shall be different (not white) in color. An extra valve control wire will be installed for every six (6) remote control valves. Each extra control wire will be of a different color, extended to last valve, and be looped into each valve box. 801-5.3 Irrigation Pipeline Installation 801-5.3.3 Plastic Pipeline [Add the following]: All threaded plastic -to -plastic connections will have Teflon tape applied to the male threads of connection prior to assembly. The number of wraps of Teflon tape shall be per manufacturer's recommendations or per industry standards. Connect all metal components to plastic pipe connections with a schedule 80 nipple, threaded one end, and a plastic slip coupling. Use Teflon tape on all male threads prior to assembly. 801-5.3.5 Sleeving [Add subsection]: If new sleeving is required, install per plan. Prior to backfilling, attach 1/2" x 2' long metal pipe at end of pipe for future location assistance. 801-5.5 Sprinkler Head Installation and Adjustment. 801-5.5.2 Location, Elevation, and Spacing. [Add the following]: Sprinkler heads and drip emitters will be installed as designated on the drawings and per City Standards. Spacing of the sprinkler heads will not exceed maximum indicated on the drawings. Drip emitters will be placed 9"-12" up-slope from plants. 801-5.7 Flushing and Testing 801-5.7.1 General [Add the following]: Irrigation design is based on available water pressure as indicated by CVWD. The Contractor will verify working water pressure prior to construction. Should a discrepancy exist, notify the City prior to beginning Construction. Connections to the installation of the water supply will be at the location shown on the drawings. Minor changes caused by actual site conditions will be made at no additional cost to the City. If the water meter and backflow unit is existing refer to Irrigation plans. Contractor shall run mainline pipe to the as indicated on the plans. Technical Specifications 4000-36 Prior to installation of irrigation heads, the valves will be opened and full head of water used to flush out the lines and risers. Sprinkler heads shall not be installed until flushing the system has been completed. 801-5.7.2 Pipeline Pressure Test [Add the following]: The main line will be tested for no less than six (6) hours and hold a static pressure of 125 psi. Lateral lines will be tested for two (2) hours and hold a static pressure test of 100 psi. 801-6 MAINTENANCE AND PLANT ESTABLISHMENT 801-6.1 General [Add subsection]: The Contractor shall maintain all landscaped areas for a minimum plant establishment period of not less than ninety (90) days from the date of written acceptance of the project. The plant establishment period will not start until the project receives Final, Formal Acceptance by the City Council. Projects will not be segmented into phases or accepted in phases. Written acceptance from the Owner must be obtained to start the plant establishment period. If the project maintenance fails to continuously meet standards required, the plant establishment period will be suspended and will not re -commence until Contractor has corrected all deficiencies. 801-6.2 Maintenance Tasks [Add subsection]: During the contract period and up to final formal acceptance by the city, the Contractor shall provide weekly maintenance in the planted areas which are within the work limits of the contract including, but not limited to: 1) watering; weekly mowing; weeding; fertilizing and cultivating; and spraying to keep the plants in a healthy, growing condition and keeping the planted areas neat and attractive; 2) removing trash a minimum of once a week; 3) checking and repairing irrigation systems weekly; 4) pruning trees and shrubs planted under the contract only removing dead, dying or broken branches; 5) removing wilted flowers; 6) pest and vermin control; and 7) all gravel and non -stabilized decomposed granite areas shall be raked weekly to the satisfaction of the City. Note: Do not prune trees or shrubs without first advising the City. 801-6.3 Replacement Plantings [Add subsection]: After planting and during the plant establishment period in the event any plant should die, is missing, weak or displays the appearance of necrosis, the plant will be immediately removed and replaced at the Contractor's expense. All replacements must occur within five (5) days of notice. At the end of the establishment period, all plants will be in a healthy, growing condition and located as indicated on the plan or as approved by the City. Technical Specifications 4000-37 801-6.4 Fertilizing [Add subsection]: For non -arid plant material, the Contractor will fertilize the plants one (1) month prior to the end of the establishment period. Follow manufacturer's application rate guide and water into planting immediately after applying fertilizers. Arid plant material will not be fertilized. 801-6.5 Weekly Reports [Add subsection]: The Contractor, as part of this contract, shall submit reports and schedules as requested. Failure to submit reports and schedules in the time specified may result in a Performance Deficiency Deduction. The City will supply the format for these forms. Such reports must be filled out in detail. The following is a breakdown of required forms and schedules. The contractor shall submit these reports as they are completed. Weekly reports shall be filled out by Friday of every week. Payments due shall not be disbursed unless all reports have been submitted to the City. 801-6.5.1 Schedule of Weekly Maintenance [Add subsection]: a) Contractor shall provide a schedule of weekly maintenance identifying areas to be maintained and a breakdown of when each function shall be performed. b) The City will assume that the Contractor will adhere to the schedule. The City must receive notification of changes at least 12 hours in advance. 801-6.5.2 Weekly Irrigation Inspection Report [Add subsection]: This will be turned in every Friday. 801-6.5.3 Weekly Activity Report [Add subsection]: Indicating the following: a) Litter pickup b) Weed control c) Chemical maintenance - herbicides and pesticide applications d) Incident/Accident 801-6.5.4 Landfill Diversion Report [Add subsection]: 801-6.5.5 Fertilization [Add subsection]: Technical Specifications 4000-38 801-6.6 Performance Deficiencies and Reduction in Payments Due [Add subsection]: The City of La Quinta has set up very specific criteria in which to evaluate the performance of the Contractor on a weekly basis. If performance by the Contractor is deficient, the City reserves the right to subtract costs from the monthly billing and/or hire another contractor to provide the service and deduct the expense from the contract retention. Since it is difficult to quantify and assess a value to every aspect of the work, the City shall implement a standard $100 cost per incident. The following describes deficiencies: a) Lack of compliance to specifications (i.e., failure to adequately mow, edge, pick up litter, sweep/rake, weed, prune, remove dead plant material, etc.) b) Failure to provide specified reports or to falsify reports. c) Failure to supply adequate equipment, labor or supervision. d) Failure to repair irrigation deficiencies in the allotted time frame. e) Failure to comply with schedules. Variances may be approved by request. Delays in part acquisition or adverse weather conditions will be taken into consideration. f) Failure to protect public health and safety. The City reserves the right to cancel and/or assume maintenance duties and remaining contract amounts shall be deducted from remaining fiscal commitment. 801-6.7 End of Establishment Period [Add subsection]: Approximately one week prior to the end of the establishment period, the City will conduct a walk-through of the area, noting deficiencies and problems to be resolved. The Contractor will be required to resolve all noted items. If the items cannot be resolved within the time remaining, the establishment period will be extended, without cost to the City, until the items are corrected. Measurement and Payment: Bid Items 23, 24, 34, 35 — Construct Landscaping/Irrigation These items shall be paid for on a lump sum (LS) basis and shall include furnishing all labor, equipment, tools and materials necessary for construction of landscaping per approved plans. The price of this item shall also include protecting electrical in place, exporting soil, grading, providing and installing trees, shrubs, irrigation system, irrigation controller and any incidentals for doing the work involved in constructing landscaping per City Standards and project plans and specifications. Technical Specifications 4000-39 Bid Items 15 and 29 — Furnish and Install Boulders This item shall be paid for on an each (EA) basis and shall include furnishing all labor, equipment, tools and materials necessary for construction of boulders per direction of City, quantity shown in bid schedule. The price of this item shall also include any incidentals for doing the work involved in placing boulders as defined in the SSPWC and the Special Provisions. No further compensation will be allowed therefore. Bid Items 16 through 21 and 30 through 31 - Furnish and Install 3/4" and 3/8" crushed rock and 3/8" compacted decomposed granite and 6" minus rock and 12"-18" cobble in accordance to landscaping plans. These items shall be paid for on a square foot (SF) basis and shall include furnishing all labor, equipment, tools and materials necessary for placement of decomposed granite and crushed rock per direction of City, quantity shown in bid schedule. The price of this item shall also include any incidentals for doing the work involved in placing the rock as defined in the SSPWC and the Special Provisions. No further compensation will be allowed therefore. Bid Items 22 and 32 — Furnish and Install PermaLoc Header — Asphalt Edge This item shall be paid for on a linear foot (LF) basis and shall include furnishing all labor, equipment, tools and materials necessary for placement of PermaLoc Asphalt Edge header per direction of City, quantity shown in bid schedule. The price of this item shall also include any incidentals for doing the work involved in placing the PermaLoc Asphalt Edge header as defined in the SSPWC and the Special Provisions. No further compensation will be allowed therefore. Bid Item 33 — Boring for Lateral Line This item shall be paid for on a linear foot (LF) basis and shall include furnishing all labor, equipment, tools and materials necessary for boring for lateral line per direction of City, quantity shown in bid schedule. The price of this item shall also include any incidentals for doing the work involved boring for the lateral line as defined in the SSPWC and the Special Provisions. No further compensation will be allowed therefore. Bid Items 25 and 36 — 90 Day Maintenance and Plant Establishment This item shall be paid for on a lump sum (LS) basis and shall include furnishing all labor, equipment, tools and materials necessary for maintenance and plant establishment of constructed landscaping per approved plans. The price of this item shall also include any incidentals for doing the work involved in maintaining and establishing constructed landscaping as defined in the project plans and specifications. END OF SECTION Technical Specifications 4000-40 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: 1. Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities which meet the requirements set forth in said Section 22300, with Escrow Agent, as a substitute for retention earnings required to be withheld by City pursuant to the Construction Contract entered into between City and Contractor for Project No. 2016-031, La Quinta Landscape Renovation Improvement — Cactus Flower 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 (8 PAGES) R -SOD' MIN, 4000' MAX. T MIM. 5:1 MAX. SLOPE f— !I' TO FL 1d' TO 20' SIS• .. 20' SIDEWALK EASEMENT R-600' VA ;b ES 160' TO 220' R-1000 VARIES 240' TO 280' 3: t MAX. SLOPE LANDSCAPING IN PARKWAY a SETBACK TO BE MAINTAINED BY OTHERS, NOT BY CR (SIDEWALK ONLY, MNNTAINED BYCITY) -CF 11' TO 12' PARMAY z � ap" I 1MN• w 2% �•� . \ VARIES 6'- 8' r' r MIN. * SLOPE MAY WCREASE TO 33% 1 BEYOND RIOWT-OF-WAY UNIT 'r WIDTH SHALL BE VON NON4MERIAL STREETSAND �+ V ON ARTERIAL STREETS OR SHARED GOLF CART USE. I. RADII FOR CURVED SIDEWALK SK-kLL BE BETWEEN SW AND 400(t Z ALL RADII SHALL BE STAGGERED, 3. EASEMENT REQUIRED FOR SIDEWALK THAT EXTENDS BEYOND RX3HTOF WAY UNE 4, SDEIAALK SMALL BE A MINIMUM OF & IN WDTH ADJACENT TO CURB & SDEK'ALK SHALL BE Y AWAY FROM CURB FACE EXCEPT AT CURIB REIURNS AND BUS STOPS. B. SIDEWALK LAYOUT ON PIANS IS CONCEPTUAL ONLY. APPROVAL OF THE PINAL SIDEWALK LAYOUT SHALL BE MADE IN THE FIELD AND ADJUSTED AS NECESSARY TO MEET FIELD CONOITIONS AS APPROVED BY THE INSPECTOR PRIOR TO FINAL CONSTRUCTION. 7. CONCRETE SHALL BE CLASS "C. REVIM, is DEPAR7IIENT OF pU5UC ",,0" #b €�AAFL ENONEERM ONISaON APPROVED SY- o� a pure ntr*e c�j p+w ice mft atn r 5TA"ARo 4 ft-muo. 245 MEANDERING SIDEWALK Imo, I 3 City Street I D: T "BUTT" JOINT "GREENBOOK" CLASS B -AR -4000 A.C., 3" LIFT, OR CITY APPROVED EQUAL PROPOSED UTILITY EDGE OF PAVEMENT A ISEE SECTION A -A BELOW A ;4 v EDGE OF PAVEMENT Less than 12'�--d SECTION A -A "BUTT" JOINT EXISTING BASE (VARIES IN DEPTH) EXISTING PAVEMENT (VARIES IN DEPTH) "GREENBOOK" CLASS 100-E-100 TRENCH BACKFILL SLURRY, OR CITY APPROVED CONTROLLED DENSITY FILL (CDF) REVISIONS: 08 AP20VOED STANDARD x CHRIS A. VOGT hc` °` CITY ENGINEER TRANSVERSE TRENCH BACKFILL & 600 RCE 44250 PAVING DETAIL # 1 SHEET 1 OF 7 EDGE OF PAVEMENT SEE SECTION A -A BELOW City Street A A ;4 — "GREENBOOK" CLASS B -AR -4000 A.C., OR CITY APPROVED EQUAL. 2 LIFTS. 4" MIN. "BUTT" JOINT � 1' "GREENBOOK" BASE MATERIAL, DEPTH VARIES, 434" MIN. PROPOSED UTILITY - EDGE OF PAVEMENT VARIES (36" — 48") VARIES (12" — 24") SECTION A -A "BUTT" JOINT EXISTING BASE (VARIES IN DEPTH) EXISTING PAVEMENT (VARIES IN DEPTH) TRENCH BACKFILL REVISIONS: APPROVED 08/21/01 °` `� � ' ~,�i(/ STANDARD 4 l4P CHRIS A. VOGT 6 0 0 CITY ENGINEER TRANSVERSE TRENCH BACKFILL & v RCE 44250 PAVING DETAIL # 2 SHEET 2 OF 7 \ City Street A I � �I t EDGE OF PAVEMENT SEE SECTION A -A BELOW A -4 0.10' DEEP A.C. COLD MILL AND OVERLAY WITH "GREENBOOK" CLASS C2 -AR -4000 A.C., OR CITY APPROVED EQUAL � "BUTT" JOINT I- 3. VARIES I� GREATER THAN EDGE OF PAVEMENT "GREENBOOK" CLASS B -AR -4000 A.C., OR CITY APPROVED EQUAL, 2 LIFTS, 4" MIN. PROPOSED UTILITY TRENCH BACKFILL --� VARIES (GREATER THAN 24") SECTION A -A REVISIONS: APPROVED 08/21/01 CHRIS A. VOGT CITY ENGINEER RCE 44250 3' --� /-"BUTT" JOINT EXISTING BASE (VARIES IN DEPTH) EXISTING PAVEMENT (VARIES IN DEPTH) "GREENSOOK" BASE MATERIAL, DEPTH VARIES, 4h" MIN. (FRSE TRENCH BACK, PAVING DETAIL # 3 STANDARD • 1 1 SHEET 3 OF 7 3 City Street - U DIAN fTYP-)— LANE LINE (TYP.) a La SEE SECTION A -A BELOW 'GREENBOOK' SEALCOAT, OR CITY. -1 APPROVED EQUAL VARIES (WIDTH OF PARKING LANE) IN DEPTH TRENCH PAVEMENT SECTION PROPOSED UTILITY— TRENCH BACKFILL SECTION NOTE VARIES SECTION A -A EXISTING CURB AND GUTTER TRENCH BASE SECTION *NOTE: FOR SPECIFIC TRENCH BACKFILL AND INITIAL PAVING REQUIREMENTS, REFER TO THE TRANSVERSE TRENCH BACKFILL AND PAVING DETAILS, AS APPRO- PRIATE FOR THE TRENCH WIDTH. REVISIONS: AQP8P OVE❑D �� , STANDARD CHRIS A. VOGT 600 CITY ENGINEER LONGITUDINAL TRENCH BACKFILL RCE 44250 & PAVING DETAIL # 1 SHEET 4OF 7 City Street MEDIAN (TYP.) S SEE SECTION A -A BELOW LANE LINES (TYP.) 0.10' DEEP A.C. COLD MILL AND OVERLAY WITH "GREENBOOK" CLASS C2 -AR -4000 A.C., OR CITY APPROVED EQUAL VARIES "BUTT" JOINT (WIDTH OF TRAVEL LANE, 12' TYP.) ::�\ /_ 'BUTT' JOINT TRENCH PAVEMENT SECTION PROPOSED UTILITY TRENCH BACKFILL SECTION - *SEE NOTE VARIES SECTION A -A L- EXISTING BASE (VARIES IN DEPTH) EXISTING PAVEMENT (VARIES IN DEPTH) TRENCH BASE SECTION *NOTE: FOR SPECIFIC TRENCH BACKFILL AND INITIAL PAVING REQUIREMENTS, REFER TO THE TRANSVERSE TRENCH BACKFILL AND PAVING DETAILS, AS APPRO- PRIATE FOR THE TRENCH WIDTH. REVISIONS: AOgP OVEED a � "° STANDARD 4 CHRIS A. VOGT °""°,m� GOO CITY ENGINEER LONGITUDINAL TRENCH BACKFILL V RCE 44250 & PAVING DETAIL # 2 SHEET 5 OF 7 TRENCH BACKFILL AND PAVEMENT RESTORATION REQUIREMENTS (Requirements Vary Based on Excavated Width of Trench) 1. Trenches less than 12" wide (See Detail 1) (Typically excavated with a rock saw or other similar methods.) • Backfill Requirements: o CDF, or 1 -sack slurry backfill ONLY o Backfill up to 3" below finish surface of street o Testing not required o Backfill depth independent of street structural section • Resurfacing Requirements: 0 V -saw cut at trench edge is NOT REQUIRED if trench edges are vertical, straight, and stable. o Tack oil coat at edges o Paving with 3/8" A.C. material ■ In one lift ■ Depth of 3", flush with finish surface of street ■ Compaction via mechanical vibrating hand compactor or other mechanical means ■ Compaction to 95% • Testing not required • No grinding or capping with 1/2" A.C. material required 2. Trenches 12" to 24" Wide (See Detail 2) (Typically excavated with backhoe bucket or other similar methods.) • Backfill Requirements: o CDF or 1 -sack slurry backfill (optional) ■ No testing required o Native or select material backfill ■ Compaction via special conditions to 90% ■ Backfill depth up to appropriate subgrade elevation ■ Testing required o Crushed Aggregate or Crushed Miscellaneous Base material backfill • Compaction to 95% ■ Backfill depth up to appropriate base grade elevation (4'/Z" minimum) ■ Testing required ■ Backfill depths dependent upon street structural section REVISIONS: APPROVED T4ht 4,�;�,,,�t� 08/21/01 �ikllA� STANDARD s CHRIS A. VOLT G+oo CITY ENGINEER TRENCH BACKFILL & PAVEMENT V RCE 44250 RESTORATION REQUIREMENTS SHEET 6 OF 7 12" to 24" Trench (continued...) • Resurfacing Requirements: 0 1' -saw cut required at trench edges o Tack oil coat all saw -cut edges o Total section 1 " thicker than existing A.C. section (4" minimum) o Two, or more, lifts ■ Base Course: 3/4" A.C. material • Compaction via vibroplate, tamper, or other mechanical means • Compaction to 95% • Testing required ■ Finish Paving/Cap Course, 1 " Thick: 1/2" A.C. material • Compaction via roller • Compaction to 95% • Testing not required 3. Trenches More Than 24" Wide (See Detail 3) (Typically excavated with a backhoe bucket or other similar methods.) • Backfill Requirements: CDF or 1 -sack slurry backfill (optional) ■ No testing required Native or select material backfill ■ Compaction via special conditions to 90% ■ Backfill depth up to appropriate sub grade elevation ■ Testing required Crushed Aggregate or Crushed Miscellaneous Base material backfill ■ Compaction to 95% ■ Backfill depth up to appropriate base grade elevation (4'/z" minimum) ■ Testing required ■ Backfill depths dependent upon street structural section • Resurfacing Requirements: 0 1' -saw cut required at trench edges o Tack oil coat at all saw -cut edges Base paving with 3/4" A.C. material o Total Section 1 " thicker than existing A.C. section (4" minimum) o Two, or more, lifts ■ Base Course: 3/4" A.C. material • Compaction via vibroplate, tamper, or other mechanical means • Compaction to 95% • Testing required ■ Finish Paving/Cap Course, 0.1' Thick: 112" A.C. material • Compaction via roller • Compaction to 95% • Testing not required 0 3' -grind beyond 1' -saw cut at trench edges ■ Depth of grind to 0.10' below existing finish surface of street (grind after paving base lift) REVISIONS: APPROVED STANDARD 08/21/01 0.1CHRIS A. VOGT C 4 !� 600 CITY ENGINEER TRENCH BACKFILL & PAVEMENT RCE 44250 RESTORATION REQUIREMENTS SHEET 7 OF 7