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Home My WebLink About9/5/2018 - AGREEMENTS (35)CITY OF PALM SPRINGS, CALIFORNIA ENGINEERING SERVICES DEPARTMENT NOTICE TO BIDDERS, PROPOSAL, CONTRACT, AND SPECIAL PROVISIONS FOR CONSTRUCTION OF THE: GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 FEDERAL AID PROJECT NO. CML 5282 (045) IN THE CITY OF PALM SPRINGS July 2018 Marcus Fuller Assistant City Manager/City Engineer Bids Open: August 16, 2018 Dated: July 12, 2018 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 SIGNATURE PAGE GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 FEDERAL AID PROJECT NO. CML 5282 (045) The Special Provisions contained herein have been prepared by, or under the direct supervision of, the following Registered Civil Engineer, and are approved by: _____________________________ Marcus L. Fuller, P.E., P.L.S. Assistant City Manager/City Engineer Civil Engineer C 57271 SPECIAL PROVISIONS GENERAL CONTENTS - PAGE 1 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 NOTICE TO BIDDERS, PROPOSAL, CONTRACT, AND SPECIAL PROVISIONS TABLE OF CONTENTS PART I -- BIDDING AND CONTRACTUAL DOCUMENTS AND FORMS Notice Inviting Bids Instructions to Bidders Bid Forms Bid (Proposal) Bid Schedule Bidder‟s List of Subcontractors PART I Bidder‟s List of Subcontractors PART II Non-Collusion Declaration Non-Discrimination Certification Equal Employment Opportunity Certification Debarment and Suspension Certification Non-Lobbying Certification Disclosure of Lobbying Activities Bid Bond (Bid Security Form) Bidder's General Information Local Agency Bidder-DBE Commitment, Exhibit 15-G DBE Information – Good Faith Efforts, Exhibit 15-H Public Contract Code Section 10285.1 Statement Public Contract Code Section 10162 Questionnaire Public Contract Code Section 10232 Statement Agreement and Bonds Agreement Form (with form 1273 attached) Worker's Compensation Certificate Performance Bond Payment Bond SPECIAL PROVISIONS GENERAL CONTENTS - PAGE 2 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 PART II -- SPECIAL PROVISIONS Section 1 - Terms, Definitions, Abbreviations, and Symbols Section 2 - Scope and Control of Work Section 3 - Changes in Work Section 4 - Control of Materials Section 5 - Utilities Section 6 - Prosecution, Progress, and Acceptance of the Work Section 7 - Responsibilities of the Contractor Section 8 - Facilities for Agency Personnel Section 9 - Measurement and Payment Section 10 - Construction Details PART III -- APPENDIX City of Palm Springs Standard Drawings City of Palm Springs Standard Drawing No. 403 Manhole City of Palm Springs Standard Drawing No. 621 IISNS Detail Caltrans Standard Plans Revised Standard Plan No. A20A Pavement Markers and Traffic Lines Typical Details Revised Standard Plan No. A20B Pavement Markers and Traffic Lines Typical Details Revised Standard Plan No. A20C Pavement Markers and Traffic Lines Typical Details Revised Standard Plan No. A20D Pavement Markers and Traffic Lines Typical Details Standard Plan No. A24A Pavement Markings - Arrows Standard Plan No. A24E Pavement Markings – Crosswalks Standard Plan No. A24F Pavement Markings – Crosswalks Standard Plan No. A87A Curbs and Driveways Revised Standard Plan No. ES-1A Electrical Systems (Legend) Revised Standard Plan No. ES-1B Electrical Systems (Legend) Revised Standard Plan No. ES-1C Electrical Systems (Legend & Abbreviations) Revised Standard Plan No. ES-5B Electrical Systems (Detectors) Revised Standard Plan No. ES-7N Electrical Systems (Signal and Lighting Standard Detail No. 2) Project Identification Sign Federal Prevailing Wage Rates Green Paint Specification: Quest Construction Products – StreetBondCL Coating Application to Non - Textured Asphalt Pavement Specification Quality Assurance Program * * * * * PART 1 CONTENTS PAGE 1 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 CITY OF PALM SPRINGS ENGINEERING SERVICES DEPARTMENT PART I - BIDDING AND CONTRACTUAL DOCUMENTS AND FORMS GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 FEDERAL AID PROJECT NO. CML 5282 (045) Notice Inviting Bids Instructions to Bidders Bid Forms Bid (Proposal) Bid Schedule Bidder‟s List of Subcontractors PART I Bidder‟s List of Subcontractors PART II Non-Discrimination Certification Non-Collusion Declaration Equal Employment Opportunity Certification Debarment and Suspension Certification Non-Lobbying Certification Disclosure of Lobbying Activities Bid Bond (Bid Security Form) Bidder's General Information Local Agency Bidder-DBE Commitment, Exhibit 15-G DBE Information – Good Faith Efforts, Exhibit 15-H Public Contract Code Section 10285.1 Statement Public Contract Code Section 10162 Questionnaire Public Contract Code Section 10232 Statement Agreement and Bonds Agreement Form Worker's Compensation Certificate Performance Bond Payment Bond * * * * * NOTICE INVITING BIDS PAGE 1 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 CITY OF PALM SPRINGS NOTICE INVITING BIDS GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 FEDERAL AID PROJECT NO. CML 5282 (045) N-1 NOTICE IS HEREBY GIVEN that sealed bids for the GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES, City Project No. 14-13, Federal Aid Project No. CML 5282 (045), will be received by the Office of the Procurement and Contracting Manager of the City of Palm Springs, California, until 3:00 P.M. on August 16, 2018 at which time they will be opened and read aloud. The Engineer‟s estimate range is $277,000 to $323,000. N-2 DESCRIPTION OF THE WORK: The Work comprises the addition of a northbound left turn lane at the intersection of Gene Autry Trail and Vista Chino on State Highway 111. The work includes removing existing improvements within the limits of work and replacing them with new pavement and median improvements, adding new overlay on the west side of the intersection, new striping and traffic signal improvements related to the new lane. The Work is subject to review and approval by the California Department of Transportation (Caltrans) pursuant to an Encroachment Permit. The work shall be diligently prosecuted to completion before the expiration of: 45 working days. N-3 AWARD OF CONTRACT: (a) The City reserves the right after opening bids to reject any or all bids, to waive any informality (non-responsiveness) in a bid, or to make award to the lowest responsive, responsible bidder, and reject all other bids, as it may best serve the interest of the City. If there are multiple and/or alternative Bid Schedules, Bidders are required to bid on all Bid Schedules. (b) As a condition of award, the successful bidder will be required to submit payment and performance bonds and insurance. (c) As a condition of award or after April 1, 2015, the contractor and any subcontractor listed on the bid must be registered with the Department of Industrial Relations pursuant to Section 1725.5 of the California Labor Code. (d) Bidders are advised that, as required by federal law, the City of Palm Springs is implementing Disadvantaged Business Enterprise requirements for this project. Bidders shall refer to the Special Provisions for the DBE requirements related to this contract. The DBE Contract goal is 5.3%. N-4 BID SECURITY: each bid shall be accompanied by a certified or cashier's check or Bid Bond in the amount of 10 percent of the total bid price payable to the City of Palm Springs. N-5 BIDS TO REMAIN OPEN: The Bidder shall guarantee the Total Bid Price for a period of 120 calendar days from the date of bid opening. N-6 CONTRACTOR'S LICENSE CLASSIFICATION: The Contractor shall possess a valid Class A Contractor license at the time of submitting bids. NOTICE INVITING BIDS PAGE 2 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 N-7 CALIFORNIA WAGE RATE REQUIREMENTS: The Contractor shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California for the locality where the work is to be performed. All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (via the Division of Labor Standards Enforcement) as further described in Article 5 of the Construction Contract (Mutual Obligations). A copy of said wage rates is available on-line at: www.dir.ca.gov/dlsr/DPreWageDetermination.htm The Contractor and any subcontractors shall pay not less than said specified rates and shall post a copy of said wage rates and other notices prescribed by regulation at the project site. N-8 FEDERAL WAGE RATES: The Federal minimum wage rates for this project as predetermined by the United States Secretary of Labor are included in the Contract. If there is any difference between the State or Federal wage rates, the Contractor and subcontractors shall pay not less than the higher of the two rates. The City will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. This includes "helper" (or other classifications based on hours of experience) or any other classification not appearing in the Federal wage determinations. Where Federal wa ge determinations do not contain the State wage rate determination otherwise available for use by the Contractor and subcontractors, the Contractor and subcontractors shall pay not less than the Federal minimum wage rate, which most closely approximates the duties of the employees in question. N-9 RETAINAGE FROM PAYMENTS: The Contractor may elect to receive 100 percent of payments due under the Contract Documents from time to time, without retention of any portion of the payment by the City, by depositing securities of equivalent value with the City in accordance with the provisions of Section 22300 of the Public Contract Code. N-10 FEDERAL NON-DISCRIMINATION PROVISION: Bidders shall comply with the President's Executive Order No. 11246. N-11 FEDERAL INTEREST EXCLUSION: Any contract or contracts awarded under this Notice Inviting Bids are expected to be funded in part by a grant from the United States Government. Neither the United States nor any of its departments, agencies, or employees is or will be a party to this Notice Inviting Bids or any resulting Agreement. This procurement will be subject to regulations contained in 40 CFR Part 33 and 35. N-12 OBTAINING OR INSPECTING CONTRACT DOCUMENTS: (a) Contract Documents may be inspected without charge at the City of Palm Springs Engineering Services Department, 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262. (b) A digital copy of said Contract Documents is available without charge on-line at: NOTICE INVITING BIDS PAGE 3 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 https://www.dropbox.com/sh/0mjl588fa3rzjjl/AACtk5H9C_wLR3N-vwXwZs-Ha?dl=0 (c) Registration as a Bidder: If you are interested in submitting a bid, Bidders shall contact the Engineering Services Department by e-mail at bidinfo@palmspringsca.gov, or by phone at (760) 323-8253, to officially register as a Bidder for this project with your company name, address, phone, fax, contact person and e-mail address. Bidders are encouraged to register to ensure receipt of any Addenda issued by the City. (d) This Notice Inviting Bids, the Plan Holders List, and other related information for this project can be found on-line at the City‟s webpage at: http://palmsprings-ca.gov/government/departments/procurement-contracting (e) All questions about the meaning or intent of the Bid Documents are to be directed to the City Engineer. Questions shall be submitted in writing to: City of Palm Springs Engineering Services Department, by fax to (760) 322-8325, or by e-mail to bidinfo@palmspringsca.gov. Questions must be submitted in writing at least 5 working days prior to bid opening. Questions submitted within 5 working days of bid opening will not be accepted. N-13 ADDRESS AND MARKING OF BIDS: The envelope enclosing the Bid shall be sealed and addressed to the City of Palm Springs, and shall be delivered or mailed to the Procurement and Contracting Division, City of Palm Springs, 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262. The envelope shall be plainly marked in the upper left hand corner with the name and address of the Bidder and shall bear the words “Bid For” followed by the title of the Project and the date and hour of opening Bids. The certified or cashier's check or Bid Bond shall be enclosed in the same envelope with the Bid. By Date 7/12/18 Marcus Fuller, P.E. Assistant City Manager/City Engineer City of Palm Springs INSTRUCTIONS TO BIDDERS - PAGE 1 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 CITY OF PALM SPRINGS INSTRUCTIONS TO BIDDERS 1. DEFINED TERMS - Terms used in these Instructions to Bidders and the Notice Inviting Bids and not defined herein shall have the meanings assigned to them in the General and Special Provisions. The term "Bidder" shall mean one who submits a Bid directly to the City, as distinct from a sub-bidder, who submits a Bid to a Bidder. The term "Engineer" shall be as defined in the Special Provisions. 2. COMPETENCY OF BIDDERS - In selecting the lowest responsive, responsible Bidder, consideration will be given not only to the financial standing of the Bidder, but also to the general competency of the Bidder for the performance of the Work covered by the Bid. To this end, each Bid shall be supported by a statement of the Bidder's experience as of recent date on the form entitled “Bidder's General Information,” included in these Special Provisions. Except as otherwise provided under Public Contract Code §20103.5, no Bid for the Work will be accepted from a contractor who does not hold a valid contractor's license in the State of California for the classifications named in the Notice Inviting Bids at the time of award. 3. DISQUALIFICATION OF BIDDERS - More than one Bid from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. If the City believes that any Bidder is interested in more than one Bid for the Work contemplated, all Bids in which such Bidder is interested will be rejected. If the City believes that collusion exists among the Bidders, all Bids will be rejected. Bidders must comply with the registration requirements of Labor Code Section 1725.5, as further described in the Notice Inviting Bidders; failure to comply with the bidder registration requirements will disqualify a Bidder. 4. BIDDER'S EXAMINATION OF CONTRACT DOCUMENTS AND THE SITE – a) It is the responsibility of each Bidder before submitting a Bid to examine the Contract Documents thoroughly; visit the site to become familiar with local conditions that may affect cost, progress, or performance of the Work; consider federal, state, and local laws and regulations that may affect cost, progress, or performance of the Work; study and carefully correlate the Bidder's observations with the Contract Documents; and notify the Engineer of all conflicts, errors, or discrepancies noted in the Contract Documents. (b) Reference is made to the Special Provisions for identification of those reports of explorations and tests of subsurface conditions at the site which may have been utilized by the Engineer in the preparation of the Contract Documents. However, such reports are NOT a part of the Contract Documents. The interpretation of such technical data, including any interpolation or extrapolation thereof, together with non-technical data, interpretations, and opinions contained therein or the completeness thereof is the responsibility of the Bidder. If a copy of those reports are included in the Appendix of the Special Provisions, they are provided as a courtesy to the Bidder. (c) Unless otherwise provided in the Appendix of the Special Provisions, copies of such reports and drawings will be made available for inspection by the City to any Bidder INSTRUCTIONS TO BIDDERS - PAGE 2 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 upon request. Those reports and drawings are NOT part of the Contract Documents, but any technical data contained therein upon which the Bidder is entitled to rely is limited to that set forth in the Special Provisions. (d) Subject to the provisions of Section 4215 of the California Government Code, information and data reflected in the Contract Documents with respect to underground utilities at or contiguous to the site is based upon information and data furnished to the City and the Engineer by the owners of such underground utilities or others, and the City does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Special Provisions. (e) Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, underground utilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in the Standard Specifications and Special Provisions. (f) Before submitting a Bid, each Bidder must, at Bidder's own expense, make or obtain any additional examinations and investigations which pertain to the physical conditions (surface, subsurface, and underground utilities) at or contiguous to the site or otherwise which may affect cost, progress, or performance of the Work and which the Bidder deems necessary to determine its Bid for performing the Work in accordance with the time, price, and other terms and conditions of the Contract Documents. (g) Where feasible, upon request in advance, the City will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submittal of a Bid. The Bidder shall fill all exploration and test holes made by the Bidder and shall repair damage, clean up, and restore the site to its former condition upon completion of such exploration. (h) The lands upon which the Work is to be performed, the rights-of-way and easements for access thereto, and other lands designated for use by the Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by the Contractor. Easement for permanent structures or permanent changes in existing structures will be obtained and paid for by the City unless otherwise provided in the Contract Documents. (i) The submittal of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this Article; that without exception the Bid is premised upon performing the Work required by the Contract Documents and such means, methods, techniques, sequences, or procedures of construction as may be indicated in or required by the Contract Documents; and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all the terms and conditions for performance of the Work. 5. INTERPRETATIONS - All questions about the meaning or intent of the Contract Documents are to be directed to the Engineer. Interpretations or clarifications considered necessary by the Engineer in response to such questions will be resolved by the issuance INSTRUCTIONS TO BIDDERS - PAGE 3 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 of Addenda mailed or delivered to all parties recorded by the Engineer or the City as having received the Contract Documents. Questions received less than 5 working days prior to the date of opening Bids will not be answered. Only questions that have been resolved by formal written Addenda will be binding. Oral and other interpretations or clarifications received from the City will be without legal or contractual effect. 6. BID SECURITY, BONDS, AND INSURANCE - Each Bid shall be accompanied by a certified or cashier's check or approved Bid Bond in the amount stated in the Notice Inviting Bids. Said check or bond shall be made payable to the City and shall be given as a guarantee that the Bidder, if awarded the Work, will enter into an Agreement with the City and will furnish the necessary insurance certificates, Payment Bond, and Performance Bond. Each of said bonds and insurance certificates shall be in the amounts stated in the Standard Specifications or Special Provisions. In case of refusal or failure of the successful Bidder to enter into said Agreement, the check or Bid Bond, as the case may be, shall be forfeited to the City. If the Bidder elects to furnish a Bid Bond as its security, the Bidder shall use the Bid Bond form included within these Special Provisions, or one conforming substantially to it in form. 7. RETURN OF BID SECURITY - Within 14 days after award of the Contract, the City will return all bid securities accompanying such of the Bids that are not considered in making the award. All other Bid securities will be held until the Agreement has been finally executed. They will then be returned to the respective Bidders whose Bids they accompany. 8. BID FORM - The Bid shall be made on the Bid Schedule sheets included with the Bid Documents. Unless otherwise provided in the Notice Inviting Bids, in the event there is more than one Bid Schedule, the Bidder shall Bid on all individual Bid Schedules. All bid items shall be properly filled out. Where so indicated in the Bid Documents, Bid price shall be shown in words and figures, and in the event of any conflict between the words and figures, the words shall govern. The envelope enclosing the sealed bids shall be plainly marked in the upper left-hand corner with the name and address of the Bidder and shall bear the words "DO NOT OPEN IN REGULAR MAIL-THIS IS A SEALED BID FOR," followed by the title of the Contract Documents for the Work, the name of the "CITY OF PALM SPRINGS," the address where the bids are to be delivered or mailed to, and the date and hour of opening of bids. The Bid Security shall be enclosed in the same envelope with the Bid. 9. SUBMITTAL OF BIDS - The Bids shall be delivered by the time and to the place stipulated in the Notice Inviting Bids. It is the Bidder's sole responsibility to see that its Bid is received in proper time. Bids will not be accepted after the appointed time for opening of bids, no matter what the reason. 10. DISCREPANCIES IN BIDS - In the event that there is more than one Bid Item in the Bid Schedule, the Bidder shall furnish a price for all Bid Items in the schedule, and failure to do so will render the Bid as non-responsive and may cause its rejection. In the event that there are unit price Bid Items in a Bid Schedule and the “amount” indicated for a unit price Bid Item does not equal the product of the unit price and quantity listed, the unit price shall govern and the amount will be corrected accordingly, and the Contractor INSTRUCTIONS TO BIDDERS - PAGE 4 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 shall be bound by such correction, subject to the provisions of Section 5100 et seq. of the California Public Contract Code. However, if a unit price is unreadable or otherwise unclear, or is omitted, or is the same as the amount as the entry in the item total column, then the amount set forth in the item total column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price, and the Contractor shall be bound by such correction, subject to the provisions of Section 5100 et seq. of the California Public Contract Code. In the event that there is more than one Bid Item in a Bid Schedule and the total indicated for the schedule does not agree with the sum of prices Bid on the individual items, the prices bid on the individual items shall govern and the total for the schedule will be corrected accordingly, and the Contractor shall be bound by said correction, subject to the provisions of Section 5100 et seq. of the California Public Contract Code. 11. QUANTITIES OF WORK – (a) The quantities of work or material stated in unit price items of the Bid are supplied only to give an indication of the general scope of the Work; the City does not expressly or by implication agree that the actual amount of work or material will correspond therewith. (b) In the event of an increase or decrease in a bid item quantity of a unit price contract, the total amount of work actually done or materials or equipment furnished shall be paid for according to the unit prices established for such work under the Contract Documents; provided, that on unit price contracts, increases of more than 25 percent, decreases of more than 25 percent, and eliminated items shall be adjusted as provided in Section 3 of the Standard Specifications and Special Provisions. 12. WITHDRAWAL OF BID - The Bid may be withdrawn by the Bidder by means of a written request, signed by the Bidder or it's properly authorized representative. Such written request must be delivered to the place stipulated in the Notice Inviting Bids prior to the scheduled closing time for receipt of Bids. 13. MODIFICATIONS AND UNAUTHORIZED ALTERNATIVE BIDS - Unauthorized conditions, limitations, or provisos attached to the Bid will render it informal and may cause its rejection as being non-responsive. The completed Bid forms shall be without interlineation, alterations, or erasures. Alternative Bids will not be considered unless expressly called for in the Notice Inviting Bids. Oral, FAX, telegraphic, or telephone Bids or modifications will not be considered. 14. LIQUIDATED DAMAGES - Provisions for liquidated damages, if any, shall be as set forth in the Agreement and the provisions of the Special Provisions. 15. SUBSTITUTE OR "OR-EQUAL" ITEMS - The procedure for submittal of any application for a substitute or “or-equal” item by the Contractor and consideration by the Engineer is set forth in Section 4 of the Standard Specifications and Special Provisions. 16. AWARD OF CONTRACT - Award of Contract, if it is awarded, will be based primarily on the lowest overall cost to the City, and will be made to a responsive, INSTRUCTIONS TO BIDDERS - PAGE 5 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 responsible Bidder whose Bid complies with all the requirements prescribed. Unless otherwise specified, any such award will be made within the period stated in the Notice Inviting Bids that the Bids are to remain open, unless extended by mutual agreement of the bidders. Unless otherwise indicated, a single award will not be made for less than all the Bid Items of an individual Bid Schedule. In the event the Work is contained in more than one Bid Schedule, the City may award schedules individually or in combination. In the case of 2 or more Bid Schedules which are alternative to each other, only one of such alternative schedules may be awarded. 17. EXECUTION OF AGREEMENT - The Bidder to whom award is made shall execute a written Agreement with the City on the form of agreement provided, shall secure all insurance, and shall furnish all certificates and bonds required by the Contract Documents within 7 calendar days after receipt of the Agreement forms from the City. Failure or refusal to enter into an Agreement as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for an annulment of the award and forfeiture of the Bid Security. If the lowest responsive, responsible bidder refuses or fails to execute the Agreement, the City may award the Contract to the second lowest responsive, responsible Bidder. If the second lowest responsive, responsible Bidder refuses or fails to execute the Agreement, the City may award the Contract to the third lowest responsive, responsible Bidder. On the failure or refusal of such second or third lowest Bidder to execute the Agreement, each such bidder's Bid Securities shall be likewise forfeited to the City. 18. WORKER'S COMPENSATION REQUIREMENT - The Bidder should be aware that in accordance with laws of the State of California, the Bidder will, if awarded the Contract, be required to secure the payment of compensation to its employees and execute the Worker's Compensation Certification. 19. GUARANTEE Unless otherwise prohibited by federal regulations applicable to the contract, the Contractor shall guarantee the Work against defective material or workmanship for a period of one (1) year from the date of completion of the contract. Damages due to acts of God or from sabotage and/or vandalism are specifically exempted from the guarantee. When defective material and/or workmanship are discovered which require repairs to be made under this guarantee, all such work shall be done by the Contractor at his own expense within five (5) days after written notice of such defects has been given to him by the City. Should the Contractor fail to repair such defective material or workmanship within five (5) days thereafter, the City of Palm Springs may cause the necessary repairs to be made and charge the Contractor with the actual cost of all labor and material required. Any repair work performed as herein specified shall be done under the provisions of the original contract specifications. The Contractor shall arrange to have his faithful performance bond guaranteed for twenty-five percent (25%) of the total bid price to be held for a period of one (1) year after the date of completion of the contract and acceptance by the City Council to cover his guarantee as set forth herein. INSTRUCTIONS TO BIDDERS - PAGE 6 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 20. CONTRACTOR REGISTRATION REQUIREMENTS Bid Proposal and Contract Award Prohibited. Under California Labor Code Section 1771.1, as amended by Senate Bill (SB) 854 (2014), unless registered with the State of California Department of Industrial Relations (DIR), a contractor may not bid, nor be listed as a subcontractor, for any bid proposal submitted for public works projects on or after March 1, 2015. Similarly, a public entity cannot award a public works contract to a non- registered contractor, effective April 1, 2015. New Contract and Project Reporting Requirements Imposed Upon Public Entities. SB 854 requires that bid invitations and public works contracts specify that a project is subject to compliance monitoring and enforcement by the DIR, that contractors and subcontractors must register in order to submit a bid and be awarded a contract. Beginning April 1, 2015, the City of Palm Springs may only award public works projects to contractors and subcontractors that comply with the new Public Works Contractor Registration Law (SB 854). More information is available at the following links: http://www.dir.ca.gov/Public-Works/PublicWorks.html http://www.dir.ca.gov/dlse/PublicWorks/SB854FactSheet_6.30.14.pdf Contractors doing public works must register and meet requirements using the online application before bidding on public works contracts in California. The application also provides agencies that administer public works programs with a searchable database of qualified contractors. A bid submitted by a Contractor who is not appropriately registered with the state of California will be found non-responsive. - END OF INSTRUCTIONS TO BIDDERS - COVER SHEET BID FORMS - PAGE 1 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 MARCH 8, 2018 BID DOCUMENTS Only the following listed documents, identified in the lower right corner as "Bid Forms" shall be fully executed and submitted with the Bid at the time of opening of Bids. Bid (Proposal) Bid Schedule Bidder’s List of Subcontractors PART I Bidder’s List of Subcontractors PART II Non-Collusion Declaration Non-Discrimination Certification Equal Employment Opportunity Certification Debarment and Suspension Certification Non-Lobbying Certification Disclosure of Lobbying Activities Bid Bond (Bid Security Form) Bidder's General Information Local Agency Bidder-DBE Commitment, Exhibit 15-G DBE Information – Good Faith Efforts, Exhibit 15-H Public Contract Code Section 10285.1 Statement Public Contract Code Section 10162 Questionnaire Public Contract Code Section 10232 Statement Failure of a Bidder to fully execute and submit all of the listed documents with the Bid will render a Bid as non-responsive and subject to rejection. GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 BID PROPOSAL BID FORMS - PAGE 2 BID PROPOSAL BID TO: CITY OF PALM SPRINGS, CALIFORNIA The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with the City in the form included in the Contract Documents (as defined in Article 4 of the Agreement) to perform the Work as specified or indicated in said Contract Documents entitled: GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 FEDERAL AID PROJECT NO. CML 5282 (045) Bidder accepts all of the terms and conditions of the Contract Documents, including without limitation those in the Notice Inviting Bids and the Instructions to Bidders dealing with the disposition of the Bid Security. This Bid will remain open for the period stated in the Notice Inviting Bids, unless otherwise required by law. Bidder will enter into an Agreement within the time and in the manner required in the Instructions to Bidders, and will furnish the insurance certificates, Payment Bond, Performance Bond, and all Permits required by the Contract Documents. Bidder has examined copies of all the Contract Documents, including the following Addenda (receipt of which is hereby acknowledged): Number ______________ Date ____________________ Number ______________ Date ____________________ Number ______________ Date ____________________ Number ______________ Date ____________________ Number ______________ Date ____________________ Number ______________ Date ____________________ Number ______________ Date ____________________ Bidder has familiarized itself with the nature and extent of the Contract Documents, the Work, the site, the locality where the Work is to be performed, the legal requirements (federal, state, and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress, or performance of the Work, and has made such independent investigations as Bidder deems necessary. GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 BID PROPOSAL BID FORMS - PAGE 3 In conformance with the current statutory requirements of California Labor Code Section 1860, et seq., the undersigned confirms the following as its certification: I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for worker's compensation, or to undertake self- insurance in accordance with the provisions, before commencing the performance of the Work of this Contract. To all the foregoing, and including all Bid Schedule(s), List of Subcontractors, Non-Collusion Declaration, Bidder's General Information, and Bid Bond contained in these Bid Forms, said Bidder further agrees to complete the Work required under the Contract Documents within the Contract Time stipulated in said Contract Documents, and to accept in full payment therefor the Contract Price based on the Lump Sum or Unit Bid Price(s) named in the aforementioned Bidding Schedule(s). Dated: Bidder: By: (Signature) Title: GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 BID SCHEDULE BID FORMS - PAGE 4 BID SCHEDULE Schedule of Prices for Construction of the: GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 FEDERAL AID PROJECT NO. CML 5282 (045) Item No. Description Estimated Quantity Unit Unit Price Amount 1. MOBILIZATION 1 LS $___________________ 2. TEMPORARY TRAFFIC CONTROL 1 LS $___________________ 3. WATER POLLUTION CONTROL 1 LS $___________________ 4. CLEARING, GRUBBING AND REMOVALS 1 LS $___________________ 5. SAWCUT EXISTING PAVEMENT 1,160 LF $________ $____________ 6. COLD PLANE EXISTING PAVEMENT 1,080 SF $________ $____________ 7. INSTALL 5" ASPHALT CONCRETE 320 TON $________ $____________ 8. CONSTRUCT 4” CLASS 2 AGGREGATE BASE 125 CY $________ $____________ 9. CONSTRUCT TYPE A1-6 CURB CALTRANS PLAN RSP A87 1,120 LF $________ $____________ 10. CONSTRUCT ASPHALT OVERLAY 14,050 SF $________ $____________ 11. ADJUST SEWER MANHOLE TO GRADE 2 EA $________ $____________ 12. CONSTRUCT 4" CLASS 3 CONCRETE 1,075 SF $________ $____________ 13. SURVEY MONUMENT TIE-IN 1 EA $________ $____________ 14. INSTALL SIGNS, STRIPING, THERMOPLASTIC MARKING, AND RAISED MARKERS 1 LS $________ $____________ 15. INSTALL STANDARD SIZE SIGN ON SIGNAL MAST ARM 3 EA $________ $____________ 16. INSTALL HYBRID VIDEO/RADAR DETECTION CAMERA ON LUMINAIRE OR MAST ARM 1 LS $________ $____________ _________________________ Name of Bidder or Firm GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 BID SCHEDULE BID FORMS - PAGE 5 BID SCHEDULE (Continued) Schedule of Prices for Construction of the: GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 FEDERAL AID PROJECT NO. CML 5282 (045) Item No. Description Estimated Quantity Unit Unit Price Amount 17. REMOVE EXISTING TRAFFIC SIGNAL CONDUCTORS. INSTALL ALL NEW CONDUCTORS. 1 LS $________ $____________ 18. REMOVE AND SALVAGE EXISTING BICYCLE PUSH BUTTON. SEAL POLE IN WATERPROOF MANNER 2 EA $________ $____________ 19. INSTALL SIGNS PER CITY STANDARD DWG. 621 1 EA $________ $____________ 20. REMOVE AND SALVAGE EXISTING PEDESTRIAN SIGNAL HEADS. INSTALL COUNTDOWN PEDESTRIAN SIGNAL HEADS. 8 EA $________ $____________ 21. REMOVE AND SALVAGE EXISTING PEDESTRIAN PUSH BUTTONS. INSTALL APS PUSH BUTTON 8 EA $________ $____________ 22. CONSTRUCTION PROJECT IDENTIFICATION SIGN 1 LS $___________________ 23. CALTRANS ENCROACHMENT PERMIT 1 AL $1,640 24. FIELD ORDERS* - - - AL $28,000 TOTAL OF ALL ITEMS OF THE BID SCHEDULE: $____________________________________________________________________________ (Price in figures) _____________________________________________________________________________ (Price in words) *An allowance has been provided for Field Orders in accordance with Section 9-3.5 of the Special Provisions. The Contractor shall be limited to payment for Field Orders authorized by the Engineer up to and not exceeding the allowance specified. _________________________ Name of Bidder or Firm GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 LIST OF SUBCONRACTORS – PART I BID FORMS - PAGE 6 QUANTITIES OF WORK: The quantities of work or material stated in the unit price items of the Bid Schedule are supplied only to give an indication of the general scope of the Work. The City does not expressly nor by implication agree that the actual amounts of work or material will correspond therewith, and reserves the right after award to increase or decrease the quantity of any unit price bid item, by an amount up to 25 percent of increase or decrease, without a change in the unit prices, and shall have the right to delete any bid item in its entirety, and receive full credit in the amount shown in the Bid Schedule for the deleted item of Work. SPECIAL NOTE: In the event of any “missing” bid items or scope of work not otherwise included or identified in the Bid Schedule, but indicated or required by the Plans and Specifications, the Contractor shall prosecute the work as required by the Plans and Specifications, and payment for any “missing” bid items or scope of work shall be included in the various bid items of work, and no additional payment will be allowed therefore. GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 LIST OF SUBCONRACTORS – PART I BID FORMS - PAGE 7 BIDDER’S LIST OF SUBCONTRACTORS – PART I The bidder shall list all subcontractors (both DBE and non-DBE), including those who will perform Work under this Bid for less than one-half of one percent of the Contractor’s Total Bid Price. This required Bidder‟s List shall be provided in accordance with Section 2-3.1 of these Special Provisions and in accordance with Title 49, Section 26.11 of the Code of Federal Regulations. After the opening of Bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. Failure to comply with this requirement will render the Bid as non-responsive and may cause its rejection. Special Note: The Prime Contractor shall perform not less than 50% of the Work identified in this Bid. In the event a Bidder lists subcontractors who will perform Work under this Bid in excess of 50% of the Work identified in this Bid, the Bid shall be considered non-responsive. A. BIDDER’S PORTION OF WORK Page 1 of ___ 1. Name of Prime Contractor: 2. Bid Items / Portion of Work to be Self-Performed (if less than 100% of the contract): 3. Dollar Amount of Work Self-Performed: 4. Percentage of Work Self-Performed: 5. Date: By signing the Bid Form, Contractor hereby certifies that it will perform not less than 50% of the Contract W ork with its own forces. B. LIST OF SUBCONTRACTORS 1. Type of Subcontractor (Check One) □ First Tier; □ Second Tier; □ Supplier; □ Service Contractor (e.g. Trucking) 2. Subcontractor Name: 3. Address: 4. Bid Items/Portion of Work: 5. Phone No.: 6. Contractor‟s License No.: 7. Annual Gross Receipts: □ < $1M □ < $5M □ < $10M □ < $15M □ > $15M 8. Amount of Contracted Work: 9. DIR Public Works Contractor Registration No: 10. Percentage of Contracted Work: 11. DBE Firm? □ Yes □ No 12. DBE Certification No.: GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 LIST OF SUBCONRACTORS – PART I BID FORMS - PAGE 8 BIDDER’S LIST OF SUBCONTRACTORS – PART I (Continued) Copy this page as needed to provide a complete listing. Page ___ of ___ 1. Type of Subcontractor (Check One) □ First Tier; □ Second Tier; □ Supplier; □ Service Contractor (e.g. Trucking) 2. Subcontractor Name: 3. Address: 4. Bid Items/Portion of W ork: 5. Phone No.: 6. Contractor‟s License No.: 7. Annual Gross Receipts: □ < $1M □ < $5M □ < $10M □ < $15M □ > $15M 8. Amount of Contracted Work: 9. DIR Public Works Contractor Registration No: 10. Percentage of Contracted Work: 11. DBE Firm? □ Yes □ No 12. DBE Certification No.: 1. Type of Subcontractor (Check One) □ First Tier; □ Second Tier; □ Supplier; □ Service Contractor (e.g. Trucking) 2. Subcontractor Name: 3. Address: 4. Bid Items/Portion of Work: 5. Phone No.: 6. Contractor‟s License No.: 7. Annual Gross Receipts: □ < $1M □ < $5M □ < $10M □ < $15M □ > $15M 8. Amount of Contracted Work: 9. DIR Public Works Contractor Registration No: 10. Percentage of Contracted Work: 11. DBE Firm? □ Yes □ No 12. DBE Certification No.: 1. Type of Subcontractor (Check One) □ First Tier; □ Second Tier; □ Supplier; □ Service Contractor (e.g. Trucking) 2. Subcontractor Name: 3. Address: 4. Bid Items/Portion of Work: 5. Phone No.: 6. Contractor‟s License No.: 7. Annual Gross Receipts: □ < $1M □ < $5M □ < $10M □ < $15M □ > $15M 8. Amount of Contracted Work: 9. DIR Public Works Contractor Registration No: 10. Percentage of Contracted Work: 11. DBE Firm? □ Yes □ No 12. DBE Certification No.: GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 LIST OF SUBCONRACTORS – PART I BID FORMS - PAGE 9 BIDDER’S LIST OF SUBCONTRACTORS – PART II (Subcontractors not selected nor listed in the bid.) The bidder shall list all subcontractors (both DBE and non-DBE) who provided a quote or bid but were not selected to participate as a subcontractor on this project, including quotes or bids to perform Work under this Bid for less than one-half of one percent of the Contractor‟s Total Bid Price. This required Bidder‟s List shall be provided in accordance with Section 2-3.1 of these Special Provisions and Title 49, Section 26 of the Code of Federal Regulations. Page 1 of ___ 1. Type of Subcontractor (Check One) □ First Tier; □ Second Tier; □ Supplier; □ Service Contractor (e.g. Trucking) 2. Subcontractor Name: 3. Address: 4. Bid Items/Portion of Work: 5. Phone No.: 6. Contractor‟s License No.: 7. Annual Gross Receipts: □ < $1M □ < $5M □ < $10M □ < $15M □ > $15M 8. Amount of Contracted Work: 9. DIR Public Works Contractor Registration No: 10. Percentage of Contracted Work: 11. DBE Firm? □ Yes □ No 12. DBE Certification No.: 1. Type of Subcontractor (Check One) □ First Tier; □ Second Tier; □ Supplier; □ Service Contractor (e.g. Trucking) 2. Subcontractor Name: 3. Address: 4. Bid Items/Portion of Work: 5. Phone No.: 6. Contractor‟s License No.: 7. Annual Gross Receipts: □ < $1M □ < $5M □ < $10M □ < $15M □ > $15M 8. Amount of Contracted Work: 9. DIR Public Works Contractor Registration No: 10. Percentage of Contracted Work: 11. DBE Firm? □ Yes □ No 12. DBE Certification No.: GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 LIST OF SUBCONRACTORS – PART II BID FORMS - PAGE 10 BIDDER’S LIST OF SUBCONTRACTORS – PART II (Continued) Copy this page as needed to provide a complete listing. Page ___ of ___ 1. Type of Subcontractor (Check One) □ First Tier; □ Second Tier; □ Supplier; □ Service Contractor (e.g. Trucking) 2. Subcontractor Name: 3. Address: 4. Bid Items/Portion of Work: 5. Phone No.: 6. Contractor‟s License No.: 7. Annual Gross Receipts: □ < $1M □ < $5M □ < $10M □ < $15M □ > $15M 8. Amount of Contracted Work: 9. DIR Public Works Contractor Registration No: 10. Percentage of Contracted Work: 11. DBE Firm? □ Yes □ No 12. DBE Certification No.: 1. Type of Subcontractor (Check One) □ First Tier; □ Second Tier; □ Supplier; □ Service Contractor (e.g. Trucking) 2. Subcontractor Name: 3. Address: 4. Bid Items/Portion of Work: 5. Phone No.: 6. Contractor‟s License No.: 7. Annual Gross Receipts: □ < $1M □ < $5M □ < $10M □ < $15M □ > $15M 8. Amount of Contracted Work: 9. DIR Public Works Contractor Registration No: 10. Percentage of Contracted Work: 11. DBE Firm? □ Yes □ No 12. DBE Certification No.: 1. Type of Subcontractor (Check One) □ First Tier; □ Second Tier; □ Supplier; □ Service Contractor (e.g. Trucking) 2. Subcontractor Name: 3. Address: 4. Bid Items/Portion of Work: 5. Phone No.: 6. Contractor‟s License No.: 7. Annual Gross Receipts: □ < $1M □ < $5M □ < $10M □ < $15M □ > $15M 8. Amount of Contracted Work: 9. DIR Public Works Contractor Registration No: 10. Percentage of Contracted Work: 11. DBE Firm? □ Yes □ No 12. DBE Certification No.: NON-COLLUSION DECLARATION BID FORMS - PAGE 11 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 NON-COLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the City of Palm Springs ENGINEERING SERVICES DEPARTMENT In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares 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 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. Note: The above Non-collusion Declaration is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non- collusion Affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Bidder By Title Organization Address GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 NON-DISCRIMINATION CERTIFICATION BID FORMS - PAGE 12 CERTIFICATION OF NON-DISCRIMINATION BY CONTRACTORS As suppliers of goods or services to the City of Palm Springs, the firm listed below certifies that it does not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry, national origin, sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition; that it is in compliance with all federal, state, and local directives and executive orders regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal employment opportunity in employment. We agree specifically: 1. To establish or observe employment policies, which affirmatively promote opportunities for minority persons at all job levels. 2. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large. 3. To take affirmative steps to hire minority employees within the company. FIRM NAME OF PERSON SIGNING TITLE OF PERSON SIGNING DATE Please include any additional information available regarding equal opportunity employment programs now in effect within your company. EEO CERTIFICATION FORM BID FORMS - PAGE 13 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL) EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder __________________________________________________________, and its proposed subcontractors (as listed on the bidder‟s list of subcontractors), hereby certify that they have , have not , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, the prime bidder has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President‟s Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportu nity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. DEBARMENT AND SUSPENSION CERTIFICATION BID FORMS - PAGE 14 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, part ner, director, officer, manager:  Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;  Has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years;  Does not have a proposed debarment pending; and  Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any except ion noted above, indicate below to whom it applies, initiating agency, and dates of action. Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. NON-LOBBYING CERTIFICATION BID FORMS - PAGE 15 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 MARCH 8, 2018 NONLOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered in to. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. DISCLOSURE OF LOBBYING ACTIVITIES BID FORMS - PAGE 16 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 DISCLOSURE OF LOBBYING ACTIVITIES BID FORMS - PAGE 17 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 DISCLOSURE OF LOBBYING ACTIVITIES BID FORMS - PAGE 18 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 BID BOND (BID SECURITY FORM) BID FORMS - PAGE 19 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 BID BOND KNOW ALL MEN BY THESE PRESENTS, That as Principal, and as Surety, are held and firmly bound unto the City of Palm Springs, California, hereinafter called the "City" in the sum of: dollars (not less than 10 percent of the total amount of the bid) for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a Bid to said City to perform the Work required under the Bid Schedule(s) of the City's Contract Documents entitled: GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 FEDERAL AID PROJECT NO. CML 5282 (045) NOW THEREFORE, if said Principal is awarded a Contract by said City, and within the time and in the manner required in the “Notice Inviting Bids” and the “Instructions to Bidders” enters into a written Agreement on the Form of Agreement included with said Contract Documents, furnishes the required Certificates of Insurance, and furnishes the required Performance Bond and Payment Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. In the event suit is brought upon this Bond by said City, and City prevails, said Surety shall pay all costs incurred by said City in such suit, including a reasonable attorney's fee to be fixed by the court. SIGNED AND SEALED, this _____ day of _____________________, 20__. EXECUTED FOR THE PRINCIPAL: By Signature (NOTARIZED) Print Name and Title: By Signature (NOTARIZED) Print Name and Title: EXECUTED FOR THE SURETY: By Signature (NOTARIZED) Print Name and Title: BIDDER‟S GENERAL INFORMATION BID FORMS - PAGE 20 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 BIDDER'S GENERAL INFORMATION The Bidder shall furnish the following information. Failure to complete all Items will cause the Bid to be non-responsive and may cause its rejection. 1. BIDDER/CONTRACTOR'S Name and Street Address: Telephone Number: ( ) Facsimile Number: ( ) E-Mail: Tax Identification Number: 2. TYPE OF FIRM Individual Partnership Corporation (State ) Minority Business Enterprise (MBE) Women Business Enterprise (WBE) Small Disadvantaged Business (SDB) Veteran Owned Business Disabled Veteran Owned Business 3. CONTRACTOR'S LICENSE: Primary Classification State License Number(s) Supplemental License Classifications 4. BUSINESS LICENSE: Yes No License No.: 5. Surety Company and Agent who will provide the required Bonds: Name of Surety Address Surety Company Telephone Numbers: Agent ( ) Surety ( ) BIDDER‟S GENERAL INFORMATION BID FORMS - PAGE 21 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 BIDDER'S GENERAL INFORMATION (Continued) 6. List the names and addresses of the principal members of the firm or names and titles of the principal officers of the corporation or firm; also include those who have greater than $2,000 interest in the corporation or firm: 7. Number of years experience as a contractor in this specific type of construction work: 8. List at least three related projects completed to date: a. Owner Address Contact Class of Work Phone Contract Amount Project Date Completed Contact Person Telephone number b. Owner Address Contact Class of Work Phone Contract Amount Project Date Completed Contact Person Telephone number c. Owner Address Contact Class of Work Phone Contract Amount Project Date Completed Contact Person Telephone number 9. Name of Project Manager/Superintendent: 10. Name(s) of person(s) who inspected job site: LOCAL AGENCY BIDDER-DBE COMMITMENT BID FORMS - PAGE 22 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 EXHIBIT 15G - LOCAL AGENCY BIDDER DBE COMMITMENT (CONSTRUCTION CONTRACTS) NOTE: PLEASE REFER TO INSTRUCTIONS ON THE REVERSE SIDE OF THIS FORM LOCAL AGENCY: ____________________________________ LOCATION: ________________________________________ PROJECT DESCRIPTION: ______________________________________________________________________________________ TOTAL CONTRACT AMOUNT: $ __________________________________________________________________________________ BID DATE: ____________________________________________________________________________________________________ BIDDER'S NAME: ______________________________________________________________________________________________ CONTRACT DBE GOAL: __________________________________________________________________________________________ CONTRACT ITEM NO. ITEM OF WORK AND DESCRIPTION OR SERVICES TO BE SUBCONTRACTED OR MATERIALS TO BE PROVIDED (or contracted if the bidder is a DBE) DBE CERT NO. AND EXPIRATION DATE NAME OF EACH DBE (Must be certified on the date bids are opened - include DBE address and phone number) DOLLAR AMOUNT DBE For Local Agency to Complete: Local Agency Contract Number: ___________________________________ Federal-aid Project Number: ______________________________________ Federal Share: _________________________________________________ Contract Award Date: ____________________________________________ Total Claimed DBE Participation $__________ __________% Local Agency certifies that all DBE certifications have been verified and information is complete and accurate. _____________________ ________________________ __________ Print Name Signature Date Local Agency Representative _____________________________ Signature of Bidder _____________________________ Date (Area Code) Tel. No. _____________________________ Person to Contact (Please Type or Print) (Area Code) Telephone Number: __________________ Local Agency Bidder DBE Commitment (Construction Contracts) (Rev 6/26/09) Distribution: (1) Copy – Fax or scan a copy to the Caltrans District Local Assistance Engineer (DLAE) within 30 days of contract execution. Failure to send a copy to the DLAE within 30 days of contract execution may result in de- obligation of funds for this project. (2) Copy – Include in award package to Caltrans District Local Assistance (3) Original – Local agency files LOCAL AGENCY BIDDER-DBE COMMITMENT BID FORMS - PAGE 23 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 INSTRUCTIONS - LOCAL AGENCY BIDDER DBE COMMITMENT (CONSTRUCTION CONTRACTS) ALL BIDDERS: PLEASE NOTE: This information may be submitted with your bid. If it is not, and you are the apparent low bidder or the second or third low bidder, it must submitted and received as specified in the Special Provisions. Failure to submit the required DBE commitment will be grounds for finding the bid nonresponsive The form requires specific information regarding the construction contract: Local Agency, Location, Project Description, Total Contract Amount, Bid Date, Bidder‟s Name, and Contract DBE Goal. The form has a column for the Contract Item Number and Item of Work and Description or Services to be Subcontracted or Materials to be provided by DBEs. Prime contractors shall indicate all work to be performed by DBEs including, if the prime is a DBE, work performed by its own forces, if a DBE. The DBE shall provide a certification number to the Contractor and expiration date. Enter the DBE prime‟s and subcontractors‟ certification numbers. The form has a column for the Names of DBE contractors to perform the work (who must be certified on the date bids are opened and include the DBE address and phone number). IMPORTANT: Identify all DBE firms participating in the project regardless of tier. Names of the First-Tier DBE Subcontractors and their respective item(s) of work listed should be consistent, where applicable, with the names and items of work in the "List of Subcontractors" submitted with your bid. There is a column for the DBE participation dollar amount. Enter the Total Claimed DBE Participation dollars and percentage amount of items of work submitted with your bid pursuant to the Special Provisions. (If 100% of item is not to be performed or furnished by the DBE, describe exact portion of time to be performed or furnished by the DBE.) See Section “Disadvantaged Business Enterprise (DBE),” of the Special Provisions (construction contracts), to determine how to count the participation of DBE firms. Exhibit 15-G must be signed and dated by the person bidding. Also list a phone number in the space provided and print the name of the person to contact. LOCAL AGENCY BIDDER-DBE COMMITMENT BID FORMS - PAGE 24 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 Exhibit 15-H DBE Information —Good Faith Efforts Federal-aid Project No. _____________________________ Bid Opening Date _________________ The City of Palm Springs established a Disadvantaged Business Enterprise (DBE) goal of _____% for this project. The information provided herein shows that a good faith effort was made. Lowest, second lowest and third lowest bidders shall submit the following information to document adequate good faith efforts. Bidders should submit the following information even if the “Local Agency Bidder DBE Commitment” form indicates that the bidder has met the DBE goal. This will protect the bidder‟s eligibility for award of the contract if the administering agency determines that the bidder failed to meet the goal for various reasons, e.g., a DBE firm was not certified at bid opening, or the bidder made a mathematical error. Submittal of only the “Local Agency Bidder DBE Commitment” form may not provide s ufficient documentation to demonstrate that adequate good faith efforts were made. The following items are listed in the Section entitled “Submission of DBE Commitment” of the Special Provisions: A. The names and dates of each publication in which a request for UDBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication): Publications Dates of Advertisement B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.): ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ Names of DBEs Solicited Date of Initial Solicitation Follow Up Methods and Dates LOCAL AGENCY BIDDER-DBE COMMITMENT BID FORMS - PAGE 25 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 C. The items of work which the bidder made available to DBE firms including, where appropriate, any breaking down of the contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation was made available to DBE firms. Items of Work Bidder Normally Performs Item (Y/N) Breakdown of Items Amount ($) Percentage Of Contract _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, the firms selected for that work (please attach copies of quotes from t he firms involved), and the price difference for each DBE if the selected firm is not a DBE: Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs: _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ Names, addresses and phone numbers of firms selected for the work above: _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ LOCAL AGENCY BIDDER-DBE COMMITMENT BID FORMS - PAGE 26 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 E. Efforts made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to DBEs: _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ F. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate: _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.): Name of Agency/Organization Method/Date of Contact Results _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ LOCAL AGENCY BIDDER-DBE COMMITMENT BID FORMS - PAGE 27 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 H. Any additional data to support a demonstration of good faith efforts (use additional sheets if necessary): _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ NOTE: USE ADDITIONAL SHEETS OF PAPER IF NECESSARY. PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT BID FORMS - PAGE 28 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 Public Contract Code Section 10285.1 Statement In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has ___, has not ___ been convicted within the preceding th ree years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The bidder must place a check mark after "has" or "has not" i n one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE BID FORMS - PAGE 29 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 Public Contract Code Section 10162 Questionnaire In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes _____ No _____ If the answer is yes, explain the circumstances in the following space. PUBLIC CONTRACT CODE SECTION 10232 STATEMENT BID FORMS - PAGE 30 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 Public Contract Code Section 10232 Statement In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also co nstitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. AGREEMENT FORM – PAGE 1 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 AGREEMENT (CONSTRUCTION CONTRACT) THIS AGREEMENT made this ___ day of _________________, 20__, by and between the City of Palm Springs, a charter city, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, hereinafter designated as the City, and hereinafter designated as the Contractor. The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 -- THE WORK For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to furnish all materials and perform all work required to complete the Work as specified in the Contract Documents, and as generally indicated under the Bid Schedule(s) for the Project entitled: GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 FEDERAL AID PROJECT NO. CML 5282 (045) The Work comprises the addition of a turn lane on the south side of the intersection of Gene Autry Trail and Vista Chino/111. The work includes removing existing improvements within the limits of work and replacing them with new pavement and median improvements, adding new overlay on the west side of the intersection, new striping and traffic signal improvements related to the new lane. ARTICLE 2 -- COMMENCEMENT AND COMPLETION The W ork to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the City, and the W ork shall be fully completed within the time specified in the Notice to Proceed. The City and the Contractor recognize that time is of the essence of this Agreement, and that the City will suffer financial loss if the W ork is not completed within the time specified in Article 2, herein, plus any extensions thereof allowed in accordance with applicable provisions of the Standard Specifications, as modified herein. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the W ork is not completed on time. Accordingly, instead of requiring any such proof, the City and the Contractor agree that as liquidated damages or delay (but not as a penalty), the Contractor shall pay the City the sum specified in Section 6-9 of the Special Provisions for each calendar day that expires after the time specified in Article 2, herein. In executing the Agreement, the Contractor acknowledges it has reviewed the provisions of the Standard Specifications, as modified herein, related to liquidated damages, and has made itself aware of the actual loss incurred by the City due to the inability to complete the W ork within the time specified in the Notice to Proceed. GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 AGREEMENT FORM AGREEMENT AND BONDS - PAGE 2 ARTICLE 3 -- CONTRACT PRICE The City shall pay the Contractor for the completion of the W ork, in accordance with the Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid Proposal and Bid Schedule(s), and any duly authorized Construction Contract Change Orders approved by the City. The amount of the initial contract award in accordance with the Contractor‟s Bid Proposal is PRICE IN WORDS FOLLOWED BY PRICE IN NUMBERS ($XXX,XXX.XX). Contractor agrees to receive and accept the prices set forth herein, as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the W ork during its progress or prior to its accep tance including those for well and faithfully completing the W ork and the whole thereof in the manner and time specified in the Contract Documents; and, also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the W ork, suspension of discontinuance of the W ork, and all other unknowns or risks of any description connected with the W ork. ARTICLE 4 -- THE CONTRACT DOCUMENTS The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations, the accepted Bid and Bid Schedule(s), List of Subcontractors, Local Business Preference Program – Good Faith Efforts, Non- Discrimination Certification, Non-Collusion Declaration, Bidder's General Information, Bid Security or Bid Bond, this Agreement, W orker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings, Addenda numbers _____ to ____, inclusive, and all Construction Contract Change Orders and W ork Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. ARTICLE 5 -- MUTUAL OBLIGATIONS For and in consideration of the payments and agreements to be made and performed by the City, the Contractor agrees to furnish all materials and perform all work required for the above stated project, and to fulfill all other obligations as set forth in the aforesaid Contract Documents. City hereby agrees to employ, and does hereby employ, Contractor to provide the materials, complete the W ork, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the Contract Price herein identified, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract Documents. Contractor specifically acknowledges and agrees to be bound by the W age Rates and Labor Code requirements specified in the Contract Documents, including the requirement to furnish electronic certified payroll records directly to the Labor Commissioner (via the Division of Labor Standards Enforcement), and shall pay the GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 AGREEMENT FORM AGREEMENT AND BONDS - PAGE 2 general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California. ARTICLE 6 -- PAYMENT PROCEDURES The Contractor shall submit Applications for Payment in accordance with the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by the City Engineer as provided in the Contract Documents. ARTICLE 7 -- NOTICES W henever any provision of the Contract Documents requires the giving of a written Notice between the parties, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the Notice. ARTICLE 8 -- INDEMNIFICATION The Contractor agrees to indemnify and hold harmless the City, and all of its officers and agents from any claims, demands, or causes of action, including related expenses, attorney‟s fees, and costs, based on, arising out of, or in any way related to the W ork undertaken by the Contractor hereunder. This Article 8 incorporates the provisions of Section 7-15 “Indemnification,” of the Special Provisions, which are hereby referenced and made a part hereof. Prevailing W ages. Contractor agrees to fully comply with all applicable federal and state labor laws including, without limitation California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq. ("Prevailing W age Laws"). Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing W age Laws. ARTICLE 9 -- CONFLICT OF INTEREST Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreemen t nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third part y any money or other consideration in exchange for obtaining this Agreement. ARTICLE 10 -- NON-DISCRIMINATION GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 AGREEMENT FORM AGREEMENT AND BONDS - PAGE 3 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any emplo yee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohib ited basis. As a condition precedent to City‟s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any p rohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection f or training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. ARTICLE 11 -- MISCELLANEOUS Terms used in this Agreement which are defined in the Standard Specifications and the Special Provisions will have the meanings indicated in said Standard Specifications and the Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives, to the other party hereto, its partners, successors, assigns, and legal representatives, in respect of all covenants, agreements, and obligations contained in the Contract Documents. SIGNATURES ON NEXT PAGE GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 AGREEMENT FORM AGREEMENT AND BONDS - PAGE 4 IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be executed the day and year first above written. CITY OF PALM SPRINGS, CALIFORNIA By David H. Ready City Manager ATTEST: By Anthony J. Mejia, MMC City Clerk APPROVED AS TO FORM: By Edward Z. Kotkin City Attorney RECOMMENDED: By Marcus Fuller, Assistant City Manager/City Engineer APPROVED BY THE CITY COUNCIL: Date Agreement No. CONTRACTOR By: Firm/Company Name By: Signature (notarized) Name: Title: By: Signature (notarized) Name: Title: CONTRACTOR By: INSERT NAME OF CONTRACTOR HERE Firm/Company Name By: Signature (notarized) By: Signature (notarized) Nam e:_ Nam e:_ Title:_ Title:_ A notary public or other officer com pleting this certificate verifies only the identity of the individual who signed the docum ent to which this certificate is attached, and not the truthfulness, accuracy or validity of that docum ent. (This Agreem ent m ust be signed in the above space by one having authority to bind the Contractor to the term s of the Agreem ent.) State of ) County of )ss (This Agreem ent m ust be signed in the above space by one having authority to bind the Contractor to the term s of the Agreem ent.) State of ) County of )ss On before me, personally appeared who proved to m e on the basis of satisfactory evidence to be the person(s) whose nam e(s) is/are subscribed to the within instrum ent and acknowledged to m e that he/she/they executed the sam e in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrum ent the person(s), or the entity upon behalf of which the person(s) acted, executed the instrum ent. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. W IT NESS m y hand and official seal. Notary Signature: Notary Seal: On by his/her/their signatures(s) on the instrum ent the person(s), or the entity upon behalf of which the person(s) acted, executed the instrum ent. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. W ITNESS m y hand and official seal. Notary Signature: Notary Seal: AGREEMENT FORM – EXHIBIT “A” GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 EXHIBIT ―A‖ Federal Requirements for Federal-Aid Construction Projects (Form FHWA 1273), Female and Minority Goals, Federal Trainee Program, Title IV Assurances FOLLOWS THIS PAGE AGREEMENT FORM – EXHIBIT “A” PAGE 2 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 FHWA-1273 -- Revised May 1, 2012 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General II. Nondiscrimination III. Nonsegregated Facilities IV. Davis-Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Compliance with Governmentwide Suspension and Debarment Requirements XI. Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) I. GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. Form FHWA-1273 must be included in all Federal-aid design-build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors. II. NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625- 1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. b. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the-job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. AGREEMENT FORM – EXHIBIT “A” PAGE 9 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to impl ement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. AGREEMENT FORM – EXHIBIT “A” PAGE 10 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be fam iliar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurance Required by 49 CFR 26.13(b): a. The requirements of 49 CFR Part 26 and the State DOT‟s U.S. DOT-approved DBE program are incorporated by reference. b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: (1) The number and work hours of minority and non-minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non-minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA-1273 format and FHWA program requirements. 1. Minimum wages a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll AGREEMENT FORM – EXHIBIT “A” PAGE 11 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis-Bacon poster (WH–1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b. (1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding The contracting agency shall upon its own action or upon written request of an authorized representative of the Departm ent of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis- Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. b. (1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee ( e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency. (2) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor or his AGREEMENT FORM – EXHIBIT “A” PAGE 12 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (iii) That each laborer or mechanic has been paid not less t han the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH–347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and trainees a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements AGREEMENT FORM – EXHIBIT “A” PAGE 13 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor certifies t hat neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis- Bacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section. 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section. VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal-aid construction contracts on the National Highway System. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term “perform work with its own organization” refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or AGREEMENT FORM – EXHIBIT “A” PAGE 14 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 5. The 30% self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements. VII. SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal -aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. 2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200. 1. Instructions for Certification – First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. AGREEMENT FORM – EXHIBIT “A” PAGE 15 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. “First Tier Covered Transactions” refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. * * * * * 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. AGREEMENT FORM – EXHIBIT “A” PAGE 16 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 “First Tier Covered Transactions” refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, sus pended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. * * * * * Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. * * * * * XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20). 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. AGREEMENT FORM – EXHIBIT “A” PAGE 17 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 FEMALE AND MIONORITY GOALS The nationwide goal for female utilization is 6.9 percent. The goals for minority utilization [45 Fed Reg 65984 (10/3/1980)] are as follows: For each July during which work is performed under the contract, you and each non material-supplier subcontractor with a subcontract of $10,000 or more must complete Form FHWA PR-1391 (Appendix C to 23 CFR 230). Submit the forms by August 15. MINORITY UTILIZATION GOALS Economic Area Goal-% 174 Redding CA: Non-SMSA (Standard Metropolitan Statistical Area) Counties: CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tehama 6.8 175 Eureka, CA Non-SMSA Counties: CA Del Norte; CA Humboldt; CA Trinity 6.6 176 San Francisco-Oakland-San Jose, CA: SMSA Counties: 7120 Salinas-Seaside-Monterey, CA CA Monterey 7360 San Francisco-Oakland CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo 7400 San Jose, CA CA Santa Clara, CA 7485 Santa Cruz, CA CA Santa Cruz 7500 Santa Rosa CA Sonoma 8720 Vallejo-Fairfield-Napa, CA CA Napa; CA Solano Non-SMSA Counties: CA Lake; CA Mendocino; CA San Benito 28.9 25.6 19.6 14.9 9.1 17.1 23.2 177 Sacramento, CA: SMSA Counties: 6920 Sacramento, CA CA Placer; CA Sacramento; CA Yolo Non-SMSA Counties CA Butte; CA Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Sierra; CA Sutter; CA Yuba 16.1 14.3 178 Stockton-Modesto, CA: SMSA Counties: 5170 Modesto, CA CA Stanislaus 8120 Stockton, CA CA San Joaquin Non-SMSA Counties CA Alpine; CA Amador; CA Calaveras; CA Mariposa; CA Merced; CA Tuolumne 12.3 24.3 19.8 179 Fresno-Bakersfield, CA SMSA Counties: 0680 Bakersfield, CA CA Kern 2840 Fresno, CA CA Fresno Non-SMSA Counties: CA Kings; CA Madera; CA Tulare 19.1 26.1 23.6 AGREEMENT FORM – EXHIBIT “A” PAGE 18 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 FEDERAL TRAINEE PROGRAM For the Federal training program, the number of trainees or apprentices is identified in Section 7-2.3 of the Special Provisions. This section applies if a number of trainees or apprentices is specified in Section 7-2.3 of the Special Provisions. As part of your equal opportunity affirmative action program, provide on-the-job training to develop full journeymen in the types of trades or job classifications involved. You have primary responsibility for meeting this training requirement. If you subcontract a contract part, determine how many trainees or apprentices are to be trained by the subcontractor. Include these training requirements in your subcontract. Where feasible, 25 percent of apprentices or trainees in each occupation must be in their 1st year of apprenticeship or training. Distribute the number of apprentices or trainees among the work classifications on the basis of your needs and the availability of journeymen in the various classifications within a reasonable recruitment area. Before starting work, submit to the City of Palm Springs: 1. Number of apprentices or trainees to be trained for each classification 2. Training program to be used 3. Training starting date for each classification Obtain the City of Palm Springs approval for this submitted information before you start work. The City of Palm Springs credits you for each apprentice or trainee you employ on the work who is currently enrolled or becomes enrolled in an approved program. The primary objective of this section is to train and upgrade minorities and women toward journeymen status. Make every effort to enroll minority and women apprentices or trainees, such as conducting systema tic and direct recruitment through public and private sources likely to yield minority and women apprentices or trainees, to the extent they are available within a reasonable recruitment area. Show that you have made the efforts. In making these efforts, do not discriminate against any applicant for training. Do not employ as an apprentice or trainee an employee: 1. In any classification in which the employee has successfully completed a training course leading to journeyman status or in which the employee has been employed as a journeyman 2. Who is not registered in a program approved by the US Department of Labor, Bureau of Apprenticeship and Training Ask the employee if the employee has successfully completed a training course leading to journeyman status or has been employed as a journeyman. Your records must show the employee's answers to the questions. In your training program, establish the minimum length and training type for each classification. The City of Palm Springs and FHWA approves a program if one of the following is met: 1. It is calculated to:  Meet the your equal employment opportunity responsibilities  Qualify the average apprentice or trainee for journeyman status in the classification involved by the end of the training period 2. It is registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training, and it is administered in a way consistent with the equal employment responsibilities of Federal-aid highway construction contracts AGREEMENT FORM – EXHIBIT “A” PAGE 19 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 Obtain the State's approval for your training program before you start work involving the classification covered by the program. Provide training in the construction crafts, not in clerk -typist or secretarial-type positions. Training is allowed in lower level management positions such as office engineers, estimators, and timekeepers if the training is oriented toward construction applications. Training is allowed in the laborer classification if significant and meaningful training is provided and approved by the division office. Off -site training is allowed if the training is an integral part of an approved training program and does not make up a significant part of the overall training. The City of Palm Springs reimburses you 80 cents per hour of training given an employee on this contract under an approved training program: 1. For on-site training 2. For off-site training if the apprentice or trainee is currently employed on a Federal-aid project and you do at least one of the following:  Contribute to the cost of the training  Provide the instruction to the apprentice or trainee  Pay the apprentice's or trainee's wages during the off-site training period 3. If you comply this section. Each apprentice or trainee must: 1. Begin training on the project as soon as feasible after the start of work involving the apprentice's o r trainee's skill 2. Remain on the project as long as training opportunities exist in the apprentice's or trainee's work classification or until the apprentice or trainee has completed the training program Furnish the apprentice or trainee: 1. Copy of the program you will comply with in providing the training 2. Certification showing the type and length of training satisfactorily completed AGREEMENT FORM – EXHIBIT “A” PAGE 20 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 TITLE VI ASSURANCES During the performance of this Agreement, the contractor, for itself, its assignees and successors in int erest (hereinafter collectively referred to as CONTRACTOR) agrees as follows: (1) Compliance with Regulations: CONTRACTOR shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement. (2) Nondiscrimination: CONTRACTOR, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONTRACTOR for work to be performed under a Sub-agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONTRACTOR of the CONTRACTOR‟S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. (4) Information and Reports: CONTRACTOR shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the California Department of Transportation or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONTRACTOR is in the exclusive possession of another who fails or refuses to furnish this information, CONTRACTOR shall so certify to the California Department of Transportation or the FHWA as appropriate, and shall set forth what efforts CONTRACTOR has made to obtain the information. (5) Sanctions for Noncompliance: In the event of CONTRACTOR‟s noncompliance with the nondiscrimination provisions of this agreement, the California Department of Transportation shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: (a) withholding of payments to CONTRACTOR under the Agreement within a reasonable period of time, not to exceed 90 days; and/or (b) cancellation, termination or suspension of the Agreement, in whole or in part. (6) Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. CONTRACTOR shall take such action with respect to any sub-agreement or procurement as the California Department of Transportation or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONTRACTOR may request the California Department of Transportation enter into such litigation to protect the interests of the State, and, in addition, CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. MAINTAIN RECORDS AND SUBMIT REPORTS DOCUMENTING YOUR PERFORMANCE UNDER THIS SECTION The Cargo Preference Act (CPA) requires that “… at least 50 percent of any equipment, mat erials, or commodities procured, contracted for or otherwise obtained with funds granted, guaranteed, loaned, or advanced by the U.S. Government under this agreement, and which may be transported by ocean vessel, shall be transported on privately owned United States-flag commercial vessels, if available.” On January 7, 2016, the Federal Highway Administration (FHWA) advised Caltrans on the applicability of the CPA and AGREEMENT FORM – EXHIBIT “A” PAGE 21 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 implementing regulations (46 CFR 381) to the Federal-aid highway program. FHWA will use notice and comment rulemaking to implement appropriate contract clauses in the next revision of Form FHWA-1273 "Required Contract Provisions Federal-Aid Construction Contracts." The following clause is hereby inserted into this Exhibit “A” to the construction contract requiring the Contractor‟s compliance with the CPA requirements and its implementing regulations in 46 CFR 381 for all Federal-aid projects. The clause should incorporate the recommended clauses in 46 CFR 381.7(a)-(b). Use of United States –flag vessels: The contractor agrees – (1) To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. (2) To furnish within 20 days following the date of loading for shipments or iginating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, „on-board‟ commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590. (3) To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract. * * * END OF EXHIBIT “A” * * * WORKER'S COMPENSATION CERTIFICATE GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 WORKER'S COMPENSATION CERTIFICATE (AS REQUIRED BY SECTION 1861 OF THE CALIFORNIA LABOR CODE) I am aware of the provisions of Section 3700 of the California Labor Code, which require every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions of said Code, and I will comply with such provisions before commencing the performance of the Work of this Contract. Contractor __________________________________ By _________________________________________ Title ________________________________________ PERFORMANCE BOND GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 PERFORMANCE BOND – PUBLIC WORKS KNOW ALL MEN BY THESE PRESENTS, WHEREAS, the City of Palm Springs, a charter city, organized and existing in the County of Riverside, California, as Obligee, (hereinafter referred to as the “City”), has awarded to the undersigned Contractor, (hereinafter referred to as the “Contractor”), an agreement for the work described as follows: GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 FEDERAL AID PROJECT NO. CML 5282 (045) (hereinafter referred to as the “Public Work”); and WHEREAS, the work to be performed by the Contractor is more particularly set forth in that certain Agreement (Construction Contract) for the said Public Work awarded to the Contractor and approved by the City for the Project hereinabove named, (hereinafter referred to as the "Contract"), which Contract is incorporated herein by this reference; and WHEREAS, the Contractor is required by said Contract to perform the terms thereof , and to provide a bond both for the performance and guaranty thereof. NOW, THEREFORE, we, the undersigned Contractor, as Principal, and: , a corporation organized and existing under the laws of the State of ____________, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City in the sum of ______________________________________________ Dollars ($_________________), said sum being not less than 100 percent of the total amount payable by the City under the terms to the said Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the bounden Contractor, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Contract and any alteration thereof made as therein provided, on his or its parts, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill the one year guarantee of all materials and workmanship; and indemnify and save harmless the City, its officers and agents, as stipulated in said Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. 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 of addition to the terms of the Contract, or to the Public Work or to the Specifications. No final settlement between the City and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PERFORMANCE BOND GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 PERFORMANCE BOND – PUBLIC WORKS (CONTINUED) Contractor and Surety agree that if the City is required to engage the services of an attorney in connection with enforcement of the bond, each shall pay City's reasonable attorney's fees incurred, with or without suit, in addition to the above sum. SIGNED AND SEALED, this ____ day of ___________________, 20__. CONTRACTOR: Check one: ____ individual, ___ partnership, ___ corporation (This Performance Bond must be signed by representatives and/or officers having appropriate authority to bind the Contractor and Surety to the terms of the Performance Bond.) CONTRACTOR: By: signature (NOTARIZED) Print Name and Title: By: signature (NOTARIZED) Print Name and Title: SURETY: By signature (NOTARIZED) Print Name and Title: By submitting this Performance Bond, the Contractor and Surety acknowledge the provisions of the Contract Documents with regard to Section 6-4 “Default by the Contractor”, as further amended by the Special Provisions. PERFORMANCE BOND GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 PERFORMANCE BOND – PUBLIC WORKS (CONTINUED) The rate of premium on this bond is $________ per thousand. The total amount of premium charged: $__________ (The above must be filled in by corporate surety). IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with Federal, grant, or loan funds, it must also appear on the Treasury Department‟s most current list (Circular 570 as amended). THIS IS A REQUIRED FORM. Any claims under this bond may be addressed to: (Name and Address of Surety) (Name and Address of Agent or Representative for service of process in California if different from above) (Telephone Number of Surety and Agent or Representative for service of process in California) PAYMENT BOND GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 PAYMENT BOND – PUBLIC WORKS KNOW ALL MEN BY THESE PRESENTS, WHEREAS, the City of Palm Springs, a charter city, organized and existing in the County of Riverside, California, as Obligee, (hereinafter referred to as the “City”), has awarded to the undersigned Contractor, (hereinafter referred to as the “Contractor”), an agreement for the work described as follows: GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 FEDERAL AID PROJECT NO. CML 5282 (045) (hereinafter referred to as the “Public Work”); and WHEREAS, the work to be performed by the Contractor is more particularly set forth in that certain Agreement (Construction Contract) for the said Public Work awarded to the Contractor and approved by the City for the Project hereinabove named, (hereinafter referred to as the “Contract”), which Contract is incorporated herein by this reference; and WHEREAS, said Contractor is required to furnish a bond in connection with said Contract and pursuant to Section 9550 of the California Civil Code. NOW, THEREFORE, we, the undersigned Contractor, as Principal, and: , a corporation organized and existing under the laws of the State of ____________, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City, and to any and all persons, companies, or corporations entitled to file stop payment notices under Section 9100 of the California Civil Code, in the sum of ________________________________________________________ Dollars ($_________________), said sum being not less than 100 percent of the total amount payable by the City under the terms to the said Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Contractor, his or its heirs, executors, administrators, successors, or assigns, or Subcontractors, shall fail to pay for any materials, provisions or other supplies, implements, machinery, or power used in, upon, for, or about the performance of the Public Work contracted to be done, or to pay any person for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of paid Contractor and his Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor as required by the provisions of Sections 9550 through 9560 of the Civil Code, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In addition to the provisions herein above, it is agreed that this bond will inure to the benefit of any and all persons, companies, and corporations entitled to serve stop payment notices under Section 9100 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. PAYMENT BOND GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 PAYMENT BOND – PUBLIC WORKS (CONTINUED) The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or additions to the terms of the said 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. No final settlement between the City and the Contractor hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. Contractor and Surety, an admitted surety insurer, further agree that if the City or any entity or person entitled to file stop payment notices is required to engage the services of an attorney in connection with the enforcement of this bond, each shall be liable for the reasonable attorney's fees incurred, with or without suit, in addition to the above sum. SIGNED AND SEALED, this ____ day of __________________, 20__. CONTRACTOR: Check one: ____ individual, ___ partnership, ___ corporation (This Payment Bond must be signed by representatives and/or officers having appropriate authority to bind the Contractor and Surety to the terms of the Payment Bond.) EXECUTED FOR THE CONTRACTOR: By: signature (NOTARIZED) Print Name and Title: By: signature (NOTARIZED) Print Name and Title: EXECUTED FOR THE SURETY: By signature (NOTARIZED) Print Name and Title: PAYMENT BOND AGREEMENT AND BONDS - PAGE 28 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 PAYMENT BOND – PUBLIC WORKS (CONTINUED) The rate of premium on this bond is $________ per thousand. The total amount of premium charged: $__________ (The above must be filled in by corporate surety). IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with Federal, grant, or loan funds, it must also appear on the Treasury Department‟s most current list (Circular 570 as amended). THIS IS A REQUIRED FORM. Any claims under this bond may be addressed to: (Name and Address of Surety) (Name and Address of Agent or Representative for service of process in California if different from above) (Telephone Number of Surety and Agent or Representative for service of process in California) GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 PART II -- SPECIAL PROVISIONS JULY 12, 2018 GENERAL CONTENTS - PAGE 1 CITY OF PALM SPRINGS PUBLIC WORKS & ENGINEERING DEPARTMENT PART II -- SPECIAL PROVISIONS GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 FEDERAL AID PROJECT NO. CML 5282 (045) Section 1 - Terms, Definitions, Abbreviations, and Symbols Section 2 - Scope and Control of Work Section 3 - Changes in Work Section 4 - Control of Materials Section 5 - Utilities Section 6 - Prosecution, Progress, and Acceptance of the Work Section 7 - Responsibilities of the Contractor Section 8 - Facilities for Agency Personnel Section 9 - Measurement and Payment Section 10 - Construction Details * * * * GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS JULY 12, 2018 SPECIAL PROVISIONS - SECTION 1 - PAGE 1 CITY OF PALM SPRINGS PUBLIC WORKS AND ENGINEERING DEPARTMENT SPECIAL PROVISIONS GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 FEDERAL AID PROJECT NO. CML 5282 (045) SECTION 1 -- TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS INTRODUCTION Standard Specifications. - The Work hereunder shall be done in accordance with the Standard Specifications for Public Works Construction ("Greenbook"), 2015 Edition, including all current supplements, addenda, and revisions thereof, these Special Provisions, and the Standard Plans identified in the Appendix, insofar as the same may apply to, and be in accordance with, the following Special Provisions. In case of conflict between the Standard Specifications for Public Works Construction ("Greenbook") and these Special Provisions, the Special Provisions shall take precedence over, and be used in lieu of, such conflicting portions. Supplementary Reference Specifications. - Insofar as references may be made in these Special Provisions to the Caltrans Standard Specifications 2015 Edition, such work shall conform to the referenced portions of the technical provisions only of said reference specifications, provided, that wherever the term "Standard Specifications" is used without the prefix "Caltrans," it shall mean the Standard Specifications for Public Works Construction ("Greenbook"), 2015 Edition, as previously specified in the above paragraph. Amended Standard Specifications. - The amendments identified herein this Part II – Special Provisions are revisions to certain provisions of the Standard Specifications, and shall apply to the Contractor’s work on this contract. 1-1 GENERAL. DELETE in its entirety and SUBSTITUTE with the following: Whenever the terms "directed," "required," "permitted," "ordered," "designated," "prescribed," or terms of like import are used, it shall be understood that the direction, requirements, permission, order, designation, or prescription of the Engineer is intended. Similarly, the terms "approved," "acceptable," "satisfactory," "or equal," or terms of like import shall mean approved or acceptable to or satisfactory to the Engineer, unless otherwise expressly stated. GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS JULY 12, 2018 SPECIAL PROVISIONS - SECTION 1 - PAGE 2 The word "provide" or “construct” shall be understood to mean furnish and install, unless otherwise expressly stated. 1-2 TERMS AND DEFINITIONS. Contract Price – DELETE in its entirety and SUBSTITUTE with the following: The total amount for which the Contract is awarded plus approved Change Order(s). Engineer – ADD the following: Authorized agents of the Engineer may be referred to as Resident Engineer, Principal Engineer, or Deputy Director, who are charged with conducting detailed administration and inspection of the Contract. ADD the following definitions: Acceptance - Formal action of the City in determining that the Contractor’s Work has been completed in accordance with the Contract Documents, filing a Notice of Completion (NOC) with the County Recorder, and notifying the Contractor in writing of the acceptability of the Work. Act(s) of God - A cataclysmic phenomenon of nature, such as an earthquake, flood, or cyclone (tornado). Events which shall not be construed as Acts of God include wind, wind shear, micro-bursts, rain, high water, storm water runoff, or other natural phenomena which might reasonably have been anticipated from historical records of the general locality of the Work. Agent - Any individual, firm, association, partnership, corporation, trust, joint venture or other legal entity, e.g., the Project Manager and Consultants, employed by the City for services on this Project. Allowance – Payment under "AL" Allowance Bid items will be based on the actual expenditures for pre-authorized items of Work in accordance with Contract Documents. Apparent Low Bidder - The Bidder whose Bid, having been publicly opened and read aloud, meets the material requirements of the Bid Documents, and whose Bid price is the lowest received. Applicable Laws - Laws, statutes, ordinances, rules, orders, and regulations of governmental authorities and courts having jurisdiction. Application for Payment - The document prepared by the Contractor which is submitted to the City showing the Contractor's entitlement to progress payments. As-builts - The Red-lines drawings cleaned-up and approved appropriately from the original conception of the design to reflect the actual product built. GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS JULY 12, 2018 SPECIAL PROVISIONS - SECTION 1 - PAGE 3 Award of Contract - Date of - Date on which the Mayor or designee executes the Contract Documents and conditions precedent to award have been satisfied. Board – The City Council of the City of Palm Springs. Business Day - See Working Day. CEQA - The California Environmental Quality Act. City - The City of Palm Springs. See Agency. City Forces - Employees of City who perform construction field work on public works projects as outlined in the Contract Documents. Change Proposal - Proposal for a Change Order submitted by the Contractor to the City, either at the request of the City, or at the Contractor's own initiative. Claim - A written demand by the Contractor that seeks an adjustment in the Contract Price or the Contract Time, or other relief associated with a dispute arising under or relating to the Contract, including a breach of any provision thereof. A written demand by the Contractor is not a Claim unless: 1) the written demand conforms to the requirements of Section 3-7, “Dispute Resolution Process”; and 2) the City has previously denied a request by the Contractor for a Change Order seeking the demanded relief. Further, a voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a Claim. A Claim made in accordance with this contract shall not qualify as a claim against City for the purposes of the California Government Code. Consultant - The individual, partnership, corporation, joint-venture, or other legal entity named as such in the Contract Documents or succeeding entity (e.g., architects and engineers) employed by the City for Project design or other specialized services and who function under the direction of the Engineer. Construction Documents – Construction Documents shall be the Contractor's plans and details, including plans showing installation of major systems, equipment, fixed furnishings and graphics, the technical specifications and all other technical drawings, schedules, diagrams and specifications, accepted Shop Drawings, Working Drawings, and submittals that are necessary to set forth in detail the requirements for the Project that are necessary to set forth in detail the requirements for the Project. Construction Manager - The person designated, in writing, by the City to act as its representative at the Site and to perform construction inspection services and administrative functions relating to this contract e.g., to make initial decisions regarding questions which may arise as to the quality or acceptability of materials furnished and Work performed, as to the manner of performance, and rate of progress of the Work under the Contract. Initial contact by the Contractor with the City shall be through the Construction Manager. The Construction Manager oversees and enforces the Contract GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS JULY 12, 2018 SPECIAL PROVISIONS - SECTION 1 - PAGE 4 Documents and makes initial decisions with respect to the Contractor’s fulfillment of the Contract obligations and the Contractor’s entitlement to compensation. The Construction Manager may be an employee of the City or an independent Consultant contracted to represent the City. If a Construction Manager is not provided by the City, references to Construction Manager shall be the same as Resident Engineer. Contract Time - The number of successive days or Working Days stated in the Contract Documents for the completion of the Work. Defective Work - Work that is unsatisfactory, faulty, deficient, does not conform to the Contract Documents, does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Documents; unauthorized material substitutions; or Work that has been damaged by anyone other than City prior to Final Acceptance. Demobilization - The complete dismantling and removal by the Contractor of all of the Contractor’s temporary facilities, equipment, materials, and personnel at the Site. Drawings – See Plans. Execution of Contract - Date of – See Award of Contract. Field Order - A Field Order is a written order by the Engineer to compensate the Contractor for items of work, as further defined in 9-3.6, “Field Orders.” A field order shall not increase Contract Price, Contract Time, or both. Final Acceptance – See Acceptance. Final Completion - Satisfactory completion of Work required by this contract as evidenced by the recorded NOC with Riverside County. Final Payment - The last payment for this contract made by City to the Contractor when all applicable requirements have been met. Hazardous Materials or Waste - Items identified in Section 104 of the Solid Waste Disposal Act (42 USC Section 6901, et seq.) as amended from time to time or, 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, whichever is more restrictive. Holiday - The City-observed holidays are listed below (if any holiday listed falls on a Friday or Saturday, then the preceding Thursday is considered a legal holiday. If the holiday falls on a Sunday, then the following Monday will is considered a legal holiday): GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS JULY 12, 2018 SPECIAL PROVISIONS - SECTION 1 - PAGE 5 Holiday Observed On New Year’s Day (January 1) Martin Luther King Day (Third Monday in January) President’s Day (Third Monday in February) Memorial Day (Last Monday in May) Independence Day (July 4) Labor Day (First Monday in September) Veteran’s Day (November 11) Thanksgiving Day (Fourth Thursday in November) Day after Thanksgiving Day (Fourth Friday in November) Christmas Eve (December 24) Christmas Day (December 25) Legal Address - The official address of the City shall be City of Palm Springs, 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262, or such other address as the City may subsequently designate in written notice to the Contractor. The official address of the Engineer shall be the City Engineer, City of Palm Springs, 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262, or such other address as the Engineer may subsequently designate in writing to the Contractor. Limited Notice To Proceed – A written notice given from the City authorizing initiation of a limited amount of work that is not Construction Work, e.g., finalizing subcontract agreements, ordering materials, mobilization, furnishing a field office, Design Work, and any other preliminary work done prior to performing Construction Work. Milestone(s) - Principal event(s) specified in the Contract Documents relating to an intermediate completion date of a portion of the Work, or a period of time within which the portion of the Work shall be performed prior to Completion of the Work. Liquidated damages are frequently associated with Milestones. Markout - The temporary marking/painting of the ground, pavement, or sidewalk by the facility or utility owner or its representative. Markouts identify the approximate location of the existing buried utilities in the vicinity of planned construction for the convenience of the Contractor. Mayor or designee - The City of Palm Springs Mayor or a designated representative. Normal Working Hours - Unless specified otherwise, 7:00 AM to 4:00 PM, Monday through Friday, inclusive. Saturdays, Sundays, and City holidays are excluded. Notice of Completion (NOC) - If, in the City’s judgment, the Work has been completed, the City will file with the County Recorder a NOC which stipulates the date that the Work was accepted. The conditions of warranty in accordance with 6-8, “COMPLETION, ACCEPTANCE, AND WARRANTY” shall commence on the date of NOC unless stated otherwise in the Contract Documents. GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS JULY 12, 2018 SPECIAL PROVISIONS - SECTION 1 - PAGE 6 Owner – See City. Party or Parties - The City, the Contractor, or both, their respective permitted successors or assigns, and any other future signatories to this contract. Prime Contractor – See Contractor. Product Data - Illustrations, standard schedules, performance charts, instructions, brochures, diagrams, and other information furnished by the Contractor to illustrate materials or equipment for any portion of the Work. Project - The Project is the object of this contract to be constructed by the Contractor as described and shown in the Contract Documents. Project Manager - The individual charged with overall responsibility for the Project. Project Site - All areas where Work is to be performed pursuant to this contract. Project Site may also be referred to as Site and Work Site. Red-lines - Plans with annotations of changes made during construction, in red, to reflect the actual product built during construction. Request for Information (RFI) - The written request for information made by the Contractor to City to clarify any parts of the Contract Documents. Retention - The amount withheld by the City from the money due to the Contractor in accordance with 9-3.2, “Partial and Final Payment”. Punchlist - List of items or corrections required to comply with Contract Documents. Samples - Physical examples of materials, equipment, or workmanship that are representative of some portion of the Project and that establish the standards by which such portion of the Project will be judged. Schedule – Contractor prepared and City accepted Critical Path Method (CPM) schedule in accordance with 6-1, “CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK.” Separate Contractors - Those individuals or entities who have entered into arrangements with the City for the provision of labor, materials, or other services in connection with the Project who are not under contract with the Contractor. Services - Professional services, including design, engineering, and construction management of the Project that are required in accordance with the Contract Documents. GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS JULY 12, 2018 SPECIAL PROVISIONS - SECTION 1 - PAGE 7 Shop Drawings – Drawings submitted by the Contractor showing details of manufactured or assembled products proposed to be incorporated into Work. Subconsultant – See Subcontractor. Subcontract - Agreement between the Contractor and another person or entity engaged to perform a portion of the Work. Submittals - The information, materials, or Sample(s) specified for submission to the City in accordance with this contract. Supplier - Manufacturer, fabricator, distributor, or vendor. Walk-through - The procedure used by the City to evaluate status of the Project and generate a Punchlist. Work – The term “the Work” or “Work” generally defines all of the activities of the Contractor in completing the Project in accordance with the Contract Documents. Working Drawings – Drawings submitted by the Contractor showing details of work not shown on the Plans. Working Day – Any day within the period between the date of the start of the Contract Time in accordance with 6-1, “CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK” and the date of Final Acceptance other than the days specified in 6-7.2, “Working Days”. Writing - See California Evidence Code Section 250. - END OF SECTION - GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT 14-13 SCOPE AND CONTROL OF WORK JULY 12, 2018 SPECIAL PROVISIONS - SECTION 2 - PAGE 1 SECTION 2 -- SCOPE AND CONTROL OF WORK 2-1 Award and Execution of the Contract. ADD the following: The contract shall be executed by the successful bidder and shall be returned, together with the contract bonds, to the City so that it is received within the time prescribed in the Instructions to Bidders. Failure to do so shall be just cause for forfeiture of the proposal guaranty. The executed contract documents shall be delivered to the following address: City of Palm Springs Public Works & Engineering Department 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 ADD: 2-1.1 BID PROTESTS. Bidders are entitled to protest the award of bid by the City pursuant to Section 7.08.030 “Bid Protests,” of the Palm Springs Municipal Code, as follows: 7.08.030 Bid Protests. (1) The purpose of the bid protest procedures in this Section is to protect the public interest. The bid protest procedures are not intended to give losing bidders an opportunity to evaluate the bid or proposal of the winning bidder to have the award of contract overturned to secure the award of contract for itself. (2) Any bidder or proposer submitting a bid or proposal under Section 7.03.020, 7.03.030, or 7.03.040, may file a written bid protest with the Procurement and Contracting Manager no more than five business days following the posting of award recommendation or the posting of bid results on the City’s website, or such other distribution generally used by the City in advising bidders or proposers of the competitive bid or consultant selection results, as the case may be. The written bid protest must include the name, address, telephone number and email address of the protestor and/or the person representing the protesting party. The written bid protest must set forth, in detail, all grounds for the bid protest, including, without limitation, all facts, supporting documentation, legal authorities and arguments in support of the grounds for the protest. All factual contentions must be supported by evidence. Any matters not set forth in the written bid protest shall be deemed waived. Any bid protest not conforming to the requirements of this Section shall be rejected as invalid. (3) For all bid or proposal solicitations other than for maintenance work or public projects, as defined by Section 7.01.040, the Procurement and Contracting Manager, or assigned designee, shall review the merits and timeliness of the written bid protest and issue a written decision to the protestant within ten business days of receipt of the written bid protest. The City Attorney shall review and approve all written decisions prior to issuance to the protestant. GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT 14-13 SCOPE AND CONTROL OF WORK JULY 12, 2018 SPECIAL PROVISIONS - SECTION 2 - PAGE 2 (4) For all bid solicitations for maintenance work or public projects, as defined by Section 7.01.040, the City Engineer, or assigned designee, shall review the merits and timeliness of the written bid protest and issue a written decision to the protestant within ten business days of receipt of the written bid protest. The City Attorney shall review and approve all written decisions prior to issuance to the protestant. (5) Any protestant may appeal the decision of the Procurement and Contracting Manager or the City Engineer, as the case may be, to the City Manager by filing a letter of appeal within five business days of the date of the Procurement and Contracting Manager’s or City Engineer’s decision. The appeal must include the name, address, telephone number and email address of the appellant and/or the person representing the appealing party. The letter of appeal shall include the original protest and any additional supporting information, including, without limitation, all facts, supporting documentation, legal authorities and arguments in support of the grounds for the appeal. All factual contentions must be supported by evidence. Any matters not set forth in the letter of appeal shall be deemed waived. Any letter of appeal not conforming to the requirements of this Section shall be rejected as invalid. (6) The City Manager shall review the merits and timeliness of the letter of appeal and issue a written decision to the appellant within ten business days of receipt of the letter of appeal. The City Attorney shall review and approve all written decisions prior to issuance to the protestant. (7) The City Manager shall have final authority to sustain or deny a bid protest. The City Manager’s decision shall constitute the City’s final determination on the bid protest, unless otherwise reconsidered by the City Council as provided in Subsection (9) of this Section. (8) Once a protest has been filed with the Procurement and Contracting Manager or City Engineer, no contract shall be awarded until the Procurement and Contracting Manager or City Engineer, as the case may be, has issued a written decision on the bid protest, or if the Procurement and Contracting Manager’s or City Engineer’s decision is appealed, the City Manager has issued a final determination. (9) For bids or proposals awarded by the City Council, the City Manager shall, at the time the bid or proposal is presented to the City Council for award, submit to the City Council a written report on the bid protest, including the Procurement and Contracting Manager’s or City Engineer’s decision, or, if the Procurement and Contracting Manager’s or City Engineer’s decision is appealed, the City Manager’s final decision on the bid protest. The City Council may, in its sole discretion, reconsider the bid protest at the time the bid or proposal is scheduled for award by the City Council and amend, modify, or overrule a written decision. ADD: 2-1.2 REQUIRED DBE BID FORMS. A “Local Agency Bidder – DBE Information (Construction Contracts), Exhibit 15-G” form is included in the Bid Forms to be executed by the successful bidder. The purpose of the form is to collect data required under 49 CFR 26. Even if no DBE participation will be reported, the successful bidder must execute and return the form. GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT 14-13 SCOPE AND CONTROL OF WORK JULY 12, 2018 SPECIAL PROVISIONS - SECTION 2 - PAGE 3 The successful bidder's “Local Agency Bidder – DBE Information (Construction Contracts), Exhibit 15-G” form should include the contractor’s license number, names, addresses and phone numbers of DBE firms that will participate, with a complete description of work or supplies to be provided by each, and the dollar value of each DBE transaction. When 100 percent of a contract item of work is not to be performed or furnished by a DBE, a description of the exact portion of that work to be performed or furnished by that DBE should be included in the DBE information, including the planned location of that work. A successful bidder certified as a DBE should describe the work it has committed to performing with its own forces as well as any other work that it has committed to be performed by DBE subcontractors, suppliers and trucking companies. The successful bidder is encouraged to provide written confirmation from each DBE that the DBE is participating in the contract. A copy of a DBE's quote will serve as written confirmation that the DBE is participating in the contract. If a DBE is participating as a joint venture partner, the successful bidder is encouraged to submit a copy of the joint venture agreement. The “Local Agency Bidder – DBE Information (Construction Contracts), Exhibit 15-G” form shall be completed and returned to the City by the successful bidder with the executed contract and contract bonds. ADD: 2-1.3 STANDARD CONTRACT PROVISIONS. 2-1.3.1 Document Ownership. Once the Contractor has received any compensation for the Work performed, all documents, e.g., original plans, studies, sketches, drawings, computer printouts and files, and specifications prepared in connection with or related to the Work shall be the property of City. The City’s ownership of these documents includes use of, reproduction or reuse of, and all incidental rights, whether or not the item of Work for which they were prepared has been performed. The City’s ownership entitlement arises upon payment or any partial payment for Work performed and includes ownership of any and all Work product completed under this contract. This Section shall apply whether the Contractor’s services are terminated: (a) by the completion of the Project; or (b) in accordance with other provisions of this contract. Notwithstanding any other provision of this section or the Contract, the Contractor shall have the right to make copies of all such plans, studies, sketches, drawings, computer printouts and files, and specifications. The Contractor shall not be responsible for damage caused by subsequent changes to or uses of the plans or specifications, where the subsequent changes or uses are not authorized or approved by the Contractor, provided that the service rendered by the Contractor was not a proximate cause of the damage. GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT 14-13 SCOPE AND CONTROL OF WORK JULY 12, 2018 SPECIAL PROVISIONS - SECTION 2 - PAGE 4 2-1.3.2 Specification Tone. Where used in the Contract Documents, statement or command type phrases (i.e., active voice and imperative mood) refer to and are directed to the Contractor. 2-1.3.3 Joint Venture Contractors. If the Contractor is a joint venture, all grants, covenants, provisions and claims, rights, powers, privileges and liabilities of the Contract shall be construed and held to be several as well as joint. Any notice, order, direct request or any communication given by the City to the Contractor, shall be given to all entities being the Contractor if given to any one or more of such entities. Any notice, request or other communication given by any one of such entities to the City under this contract shall be deemed to have been given by and shall bind all entities being the Contractor. The Joint Venture shall designate an on-site representative and an alternate in writing. The on-site representative and the alternate shall have the full authority to bind all Joint Venture partners. The Joint Venture shall provide a copy of the Joint Venture agreement and the Joint Venture license to the City at the time of Contract award. 2-1.3.4 Successor's Obligations. All grants, covenants, provisions and claims, rights, powers, privileges and abilities contained in the Contract Documents shall be read and held as made by and with, and granted to and imposed upon, the Contractor and the City and their respective heirs, executors, administrators, successors, and assigns. 2-1.3.5 Waiver of Legal Rights. The failure of the City to insist, in any one or more instances, upon the performance of any provision of the Contract, or to exercise any right therein, shall not be construed as a waiver or relinquishment of such provisions or rights. Any waiver of any breach of this contract shall not be held to be a waiver of any other or subsequent breach. Any waiver issued by the City of any provision of the Contract shall only be effective if issued in writing by the City and shall be specific, shall apply only to the particular matter concerned and not to other similar or dissimilar matters. 2-1.3.6 Requests for Information (RFI). In the event the work to be done, or matters relative thereto, are not sufficiently detailed or explained in the Contract Documents, the Contractor shall apply to the Engineer for further explanations as may be necessary and shall conform thereto so far as may be consistent with the terms of the Contract. In the event of doubt or question arising respecting the true meaning of the Specifications or Plans, reference shall be made to the Engineer for the Engineer’s decision pursuant to 2- 10, “AUTHORITY OF THE BOARD AND THE ENGINEER.” 2-3.1 General. ADD the following: Insofar as this Section 2-3.1 requires listing of subcontractor pursuant to the California Public Contract Code, if the Project is advertised and noticed as being federally funded and subject to Disadvantaged Business Enterprise (“DBE”) requirements pursuant to Title 49 CFR Part 26, the bidder shall be required to list all subcontractors, regardless of GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT 14-13 SCOPE AND CONTROL OF WORK JULY 12, 2018 SPECIAL PROVISIONS - SECTION 2 - PAGE 5 the amount of work, and each DBE subcontractor to be used for credit in meeting the required DBE goal, and to whom the bidder proposes to directly subcontract portions of the work. The list of subcontractors shall also set forth the portion of work that will be done by each subcontractor listed. A sheet for listing the subcontractors is included in the Proposal. 2-3.2 Self Performance. ADD the following: The requirement that the Contractor perform, with its own organization, Contract work amount to at least 50% of the Contract Price applies only to the base Contract amount awarded, and shall not apply to Additive or Deductive Alternate Work described in the Bid documents. ADD: 2-3.4 Subcontract Requirements. The Contractor shall require each Subconsultant and Subcontractor, to the extent of the Work to be performed by such Subconsultant and Subcontractor, to assume towards the Contractor all the obligations and responsibilities which the Contractor by the Contract Documents assumes towards the City and shall incorporate the terms of this contract and the Contract Documents to the extent applicable to the Work to be performed by the Subconsultants and Subcontractors. All Subcontractors must be qualified and sufficiently experienced. The Contractor shall ensure that all Subcontractors are appropriately licensed for the duration of the Work that is performed under the Subcontracts. In the event the Subcontractor is not properly licensed, the Contractor shall cease payments to the Subcontractor for all work performed when the Subcontractor was not properly licensed. The Contractor shall return to the City any payment made to a Subcontractor for work performed when the Subcontractor was not licensed. Where the Contract Documents require that a particular product be installed or applied by an applicator approved by the manufacturer, the Contractor shall ensure the Subcontractor or Supplier employed for such work is approved by the manufacturer. The Contractor shall obtain or require that each Subcontractor obtain insurance policies in accordance with 7-3, “LIABILITY INSURANCE” which shall be kept in full force and effect during Work on this project and for the duration of this contract. In any dispute between the Contractor and the Subcontractor, the City shall not be made a party to any judicial or administrative proceeding to resolve the dispute. The Contractor agrees to defend and indemnify the City in accordance with 7-14, “INDEMNIFICATION AND HOLD HARMLESS AGREEMENT” in any dispute between the Contractor and the Subcontractor should the City be made a party to any judicial or administrative proceeding to resolve the dispute in violation of this provision. For federally funded projects, the Contractor shall physically include in each subcontract, lower tier subcontract and all purchase orders, the required contract provisions contained in Federal Form 1273. The Federal Form 1273 provisions GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT 14-13 SCOPE AND CONTROL OF WORK JULY 12, 2018 SPECIAL PROVISIONS - SECTION 2 - PAGE 6 must not be modified in any way. The provisions may not be incorporated by reference. The Federal Form 1273 is included as Exhibit “A” to the Contractor’s contract with the City. Failure of the Contractor to comply with this requirement is grounds for the City’s termination of the contract with the Contractor and debarment of the Contractor by the Federal Highway Administration (FHWA). The prime contractor is responsible for compliance with the Federal Form 1273 requirements by all subcontractors and lower tier subcontractors. Failure of the prime contractor to comply with this requirement is grounds for the City’s termination of the contract with the contractor and debarment of the contractor by the FHWA. For federally funded projects, the Contractor, sub-recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of Title 49 CFR (Code of Federal Regulations), Part 26 in the award and administration of US DOT- assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the City deems appropriate. Each subcontract signed by the bidder must include this assurance. ADD: 2-3.5 FEDERAL LOBBYING RESTRICTIONS. Section 1352, Title 31, United States Code prohibits Federal funds from being expended by the City (as the recipient of Federal funds) or any lower-tier sub-recipient of a Federal- aid contract to pay for any person for influencing or attempting to influence a Federal agency or Congress in connection with the awarding of any Federal-aid contract, the making of any Federal grant or loan, or the entering into of any cooperative agreement. If any funds other than Federal funds have been paid for the same purposes in connection with this Federal-aid contract, the recipient shall submit an executed certification and, if required, submit a completed disclosure form as part of the bid documents. A certification for Federal-aid contracts regarding payment of funds to lobby Congress or a Federal agency is included in the Bid Forms. Standard Form - LLL, “Disclosure of Lobbying Activities,” with instructions for completion of the Standard Form is also included in the Bid Forms. Signing the Bid Proposal shall constitute signature of the Certification. The above referenced certification and disclosure of lobbying activities shall be included in each subcontract and any lower-tier contracts exceeding $100,000. All disclosure forms, but not certifications, shall be forwarded from tier to tier until received by the Engineer. The Contractor, subcontractors and any lower-tier contractors shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT 14-13 SCOPE AND CONTROL OF WORK JULY 12, 2018 SPECIAL PROVISIONS - SECTION 2 - PAGE 7 disclosure form previously filed by the Contractor, subcontractors and any lower-tier contractors. An event that materially affects the accuracy of the information reported includes: (1) A cumulative increase if $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered federal action; or (2) A change in the person(s) or individual(s) influencing or attempting to influence a covered federal action; or (3) A change in the officer(s), employees(s), or member(s) contacted to influence or attempt to influence a covered Federal Action. ADD: 2-3.6 DISADVANTAGED BUSINESS ENTERPRISE (DBE). This project is subject to Title 49 CFR 26.13(b): The Contractor, sub-recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. The bidder shall take necessary and reasonable steps to ensure that DBEs have opportunity to participate in the contract (49 CFR 26). To ensure there is equal participation of the DBE groups specified in 49 CFR 26.5, the City specifies a goal for Disadvantaged Business Enterprises (DBEs). DBE is a firm that meets the definition of DBE. The bidder shall make work available to DBEs and select work parts consistent with available DBE subcontractors and suppliers. The bidder shall meet the DBE goal shown in the Notice Inviting Bids or demonstrate that adequate good faith efforts to meet this goal were made. It is the bidder’s responsibility to verify that the DBE firm is certified as DBE at date of bid opening. For a list of DBEs certified by the California Unified Certification Program, go to: http://www.dot.ca.gov/hq/bep/find_certified.htm All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal. GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT 14-13 SCOPE AND CONTROL OF WORK JULY 12, 2018 SPECIAL PROVISIONS - SECTION 2 - PAGE 8 Credit for materials or supplies you purchase from DBEs counts towards the goal in the following manner: 1. 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. 2. 60 percent counts if the materials or supplies are obtained from a DBE regular dealer. 3. Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer, nor a regular dealer. 49 CFR 26.55 defines “manufacturer” and “regular dealer.” You receive credit towards the goal if you employ a DBE trucking company that performs a commercially useful function as defined in 49 CFR 26.55. DBE Commitment Submittal Submit DBE information on the Local Agency Bidder DBE Commitment (Construction Contracts), Exhibit 15-G form, included in the Bid Forms. If the form is not submitted with the bid, remove the form from the Bid book before submitting your bid. If the DBE Commitment form is not submitted with the bid, the apparent low bidder, the 2nd low bidder, and the 3rd low bidder must complete and submit the DBE Commitment form to the City. DBE Commitment form must be received by the City no later than 4:00 p.m. on the 4th business day after bid opening. Other bidders do not need to submit the DBE Commitment form unless the City requests it. If the City requests you to submit a DBE Commitment form, submit the completed form within 4 business days of the request. Submit written confirmation from each DBE stating that it is participating in the contract. Include confirmation with the DBE Commitment form. A copy of a DBE's quote will serve as written confirmation that the DBE is participating in the contract. If you do not submit the DBE Commitment form within the specified time, the City will find your bid nonresponsive. Good Faith Efforts Submittal If you have not met the DBE goal, complete and submit the DBE Information - Good Faith Efforts, Exhibit 15-H form with the bid showing that you made adequate good faith efforts to meet the goal. Only good faith efforts directed towards obtaining participation by DBEs will be considered. If good faith efforts documentation is not submitted with the bid, it must be received by the City no later than 4:00 p.m. on the 4th business day after bid opening. If your DBE Commitment form shows that you have met the DBE goal or if you are required to submit the DBE Commitment form, you must also submit good faith efforts GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT 14-13 SCOPE AND CONTROL OF WORK JULY 12, 2018 SPECIAL PROVISIONS - SECTION 2 - PAGE 9 documentation within the specified time to protect your eligibility for award of the contract in the event the City finds that the DBE goal has not been met. Good faith efforts documentation must include the following information and supporting documents, as necessary: 1. Items of work you have made available to DBE firms. Identify those items of work you might otherwise perform with its own forces and those items that have been broken down into economically feasible units to facilitate DBE participation. For each item listed, show the dollar value and percentage of the total contract. It is your responsibility to demonstrate that sufficient work to meet the goal was made available to DBE firms. 2. Names of certified DBEs and dates on which they were solicited to bid on the project. Include the items of work offered. Describe the methods used for following up initial solicitations to determine with certainty if the DBEs were interested, and the dates of the follow-up. Attach supporting documents such as copies of letters, memos, facsimiles sent, telephone logs, telephone billing statements, and other evidence of solicitation. You are reminded to solicit certified DBEs through all reasonable and available means and provide sufficient time to allow DBEs to respond. 3. Name of selected firm and its status as a DBE for each item of work made available. Include name, address, and telephone number of each DBE that provided a quote and their price quote. If the firm selected for the item is not a DBE, provide the reasons for the selection. 4. Name and date of each publication in which you requested DBE participation for the project. Attach copies of the published advertisements. 5. Names of agencies and dates on which they were contacted to provide assistance in contacting, recruiting, and using DBE firms. If the agencies were contacted in writing, provide copies of supporting documents. 6. List of efforts made to provide interested DBEs with adequate information about the plans, specifications, and requirements of the contract to assist them in responding to a solicitation. If you have provided information, identify the name of the DBE assisted, the nature of the information provided, and date of contact. Provide copies of supporting documents, as appropriate. 7. List of efforts made to assist interested DBEs in obtaining bonding, lines of credit, insurance, necessary equipment, supplies, and materials, excluding supplies and equipment that the DBE subcontractor purchases or leases from the prime contractor or its affiliate. If such assistance is provided by you, identify the name of the DBE assisted, nature of the assistance offered, and date. Provide copies of supporting documents, as appropriate. 8. Any additional data to support demonstration of good faith efforts. The City may consider DBE commitments of the 2nd and 3rd bidders when determining whether the low bidder made good faith efforts to meet the goal. Bidders shall be fully informed in respect to the requirements of the DBE Regulations. The DBE Regulations in their entirety are incorporated herein by this reference. Attention is directed to the following matters: GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT 14-13 SCOPE AND CONTROL OF WORK JULY 12, 2018 SPECIAL PROVISIONS - SECTION 2 - PAGE 10 A. A DBE must be a small business concern as defined pursuant to Section 3 of U.S. Small Business Act and relevant regulations promulgated pursuant thereto; B. A DBE may participate as a prime contractor, subcontractor, joint venture partner with a prime or subcontractor, vendor of material or supplies, or as a trucking company; C. A DBE joint venture partner must be responsible for specific contract items of work, or clearly defined portions thereof. Responsibility means actually performing, managing and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint venture commensurate with its ownership interest. D. A DBE must perform a commercially useful function, i.e., must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work; E. DBEs must be certified by the California Unified Certification Program (CUCP). Listings of DBEs certified by the CUCP are available from the following sources: 1. The Caltrans’ “Civil Rights” web site at: http://www.dot.ca.gov/hq/bep. 2. The Caltrans' DBE Directory. This Directory may be obtained from the Department of Transportation, Materiel Operations Branch, Publication Distribution Unit, 1900 Royal Oaks Drive, Sacramento, California 95815, Telephone: (916) 263-0822; Fax (916) 263-0470. 3. The Caltrans’ DBE Directory is available on-line at: http://www.dot.ca.gov/hq/bep/find_certified.htm F. When reporting DBE participation, bidders may count the cost of materials or supplies purchased from DBEs as follows: 1. If the materials or supplies are obtained from a DBE manufacturer, 100 percent of the cost of the materials or supplies will count toward DBE participation. A DBE manufacturer is a firm that operates or maintains a factory or establishment that produces, on the premises, the materials, supplies, articles, or equipment required under the contract and of the general character described by the specifications. 2. If the materials or supplies are purchased from a DBE regular dealer, count 60 percent of the cost of the materials or supplies. A DBE regular dealer is a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a DBE regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT 14-13 SCOPE AND CONTROL OF WORK JULY 12, 2018 SPECIAL PROVISIONS - SECTION 2 - PAGE 11 products in question. A person may be a DBE regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone, or asphalt without owning, operating, or maintaining a place of business as provided in this paragraph F.2., if the person both owns and operates distribution equipment for the products. Any supplementing of regular dealers' own distribution equipment shall be by a long-term lease agreement and not on an ad hoc or contract-by-contract basis. Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this paragraph F.2. 3. If the DBE is neither a manufacturer nor a regular dealer, count only the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on a job site, provided the fees are reasonable and not excessive as compared with fees charged for similar services. G. When reporting DBE participation, bidders may count the participation of DBE trucking companies as follows: 1. The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract. 2. The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the contract; 3. The DBE receives credit for the total value of the transportation services it provides on the contract using trucks its owns, insures, and operates using drivers it employs; 4. The DBE may lease trucks from another DBE firm, including an owner-operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the contract; 5. The DBE may also lease trucks from a non-DBE firm, including an owner-operator. The DBE who leases trucks from a non-DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The DBE does not receive credit for the total value of the transportation services provided by the lessee, since these services are not provided by a DBE; 6. For the purposes of this paragraph G, a lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE. H. Bidders are encouraged to use services offered by financial institutions owned and controlled by DBEs. GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT 14-13 SCOPE AND CONTROL OF WORK JULY 12, 2018 SPECIAL PROVISIONS - SECTION 2 - PAGE 12 ADD: 2-3.7 SUBCONTRACTOR AND DBE RECORDS Use each DBE subcontractor as listed on the List of Subcontractors form and the Local Agency Bidder DBE Commitment (Construction Contracts), Exhibit 15-G, forms unless you receive authorization for a substitution. The Agency requests the Contractor to: 1. Notify the Engineer of any changes to its anticipated DBE participation 2. Provide this notification before starting the affected work Maintain records including: 1. Name and business address of each 1st-tier subcontractor 2. Name and business address of each DBE subcontractor, DBE vendor, and DBE trucking company, regardless of tier 3. Date of payment and total amount paid to each business If you are a DBE contractor, include the date of work performed by your own forces and the corresponding value of the work. Before the 15th of each month, submit a Monthly DBE Trucking Verification form. If a DBE is decertified before completing its work, the DBE must notify you in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify you in writing of the certification date. Submit the notifications. On work completion, complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-O, form. Submit the form within 30 days of contract acceptance. Exhibit 17-O form is included at the end of this Section 2 of the Special Provisions. Upon work completion, complete a Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors, Exhibit 17-F, form. Submit it within 90 days of contract acceptance. The Agency withholds $10,000 until the form is submitted. The Agency releases the withhold upon submission of the completed form. Exhibit 17-F form is included at the end of this Section 2 of the Special Provisions. ADD: 2-3.8 PERFORMANCE OF SUBCONTRACTORS. DBEs must perform work or supply materials as listed in the Local Agency Bidder DBE Commitment (Construction Contracts), Exhibit 15-G, included in the Bid. Do not terminate or substitute a listed DBE for convenience and perform the work with your own forces or obtain materials from other sources without authorization from the Agency. The Agency authorizes a request to use other forces or sources of materials if it shows any of the following justifications: GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT 14-13 SCOPE AND CONTROL OF WORK JULY 12, 2018 SPECIAL PROVISIONS - SECTION 2 - PAGE 13 1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project. 2. You stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet your bond requirements. 3. Work requires a contractor's license and listed DBE does not have a valid license under Contractors License Law. 4. Listed DBE fails or refuses to perform the work or furnish the listed materials. 5. Listed DBE's work is unsatisfactory and not in compliance with the contract. 6. Listed DBE is ineligible to work on the project because of suspension or debarment. 7. Listed DBE becomes bankrupt or insolvent. 8. Listed DBE voluntarily withdraws with written notice from the Contract 9. Listed DBE is ineligible to receive credit for the type of work required. 10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract. 11. Agency determines other documented good cause. Notify the original DBE of your intent to use other forces or material sources and provide the reasons. Provide the DBE with 5 days to respond to your notice and advise you and the Agency of the reasons why the use of other forces or sources of materials should not occur. Your request to use other forces or material sources must include: 1. 1 or more of the reasons listed in the preceding paragraph 2. Notices from you to the DBE regarding the request 3. Notices from the DBEs to you regarding the request If a listed DBE is terminated, make good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must perform at least the same amount of work as the original DBE under the contract to the extent needed to meet the DBE goal. The substitute DBE must be certified as a DBE at the time of request for substitution. Unless the Agency authorizes (1) a request to use other forces or sources of materials or (2) a good faith effort for a substitution of a terminated DBE, the Agency does not pay for work listed on the Local Agency Bidder DBE Commitment (Construction Contracts), Exhibit 15-G, form unless it is performed or supplied by the listed DBE or an authorized substitute. ADD 2-3.9 SUBCONTRACTING. No subcontract releases the Contractor from the contract or relieves the Contractor of their responsibility for a subcontractor’s work. If the Contractor violates Pub Contract Code § 4100 et seq., the City may exercise the remedies provided under Pub Contract Code § 4110. The City may refer the violation to the Contractors State License Board as provided under Pub Contract Code § 4111. GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT 14-13 SCOPE AND CONTROL OF WORK JULY 12, 2018 SPECIAL PROVISIONS - SECTION 2 - PAGE 14 The Contractor shall perform work equaling at least 30 percent of the value of the original total bid with the Contractor’s own employees and equipment, owned or rented, with or without operators. Each subcontract must comply with the contract. Each subcontractor must have an active and valid State contractor’s license with a classification appropriate for the work to be performed (Business and Professions Code, § 7000 et seq.). Submit copies of subcontracts upon request by the Engineer. Before subcontracted work starts, submit a Subcontracting Request form. Do not use a debarred contractor; a current list of debarred contractors is available at the Department of Industrial Relations web site at: http://www.dir.ca.gov/dlse/debar.html Upon request by the Engineer, immediately remove and not again use a subcontractor who fails to prosecute the work satisfactorily. Each subcontract and any lower-tier subcontract that may in turn be made shall include the “Required Contract Provisions Federal-Aid Construction Contracts” in Section 14 of these special provisions. Noncompliance shall be corrected. Payment for subcontracted work involved will be withheld from progress payments due or to become due, until correction is made. Failure to comply may result in termination of the contract. ADD: 2-3.10 PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS. A prime contractor or subcontractor shall pay any subcontractor not later than 10 days of receipt of each progress payment in accordance with the provision in Section 7108.5 of the California Business and Professions Code concerning prompt payment to subcontractors. The 10 days is applicable unless a longer period is agreed to in writing. Any delay or postponement of payment over 30 days may take place only for good cause and with the agency’s prior written approval. Any violation of Section 7108.5 shall subject the violating contractor or subcontractor to the penalties, sanction, and other remedies of that section. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. This provision applies to both DBE and non- DBE subcontractors. The Contractor shall not be entitled to any payment for the work or materials, unless it is performed or supplied by listed subcontractors (DBE or non-DBE), or by the Contractor’s own forces, pursuant to prior written authorization of the Engineer. This is GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT 14-13 SCOPE AND CONTROL OF WORK JULY 12, 2018 SPECIAL PROVISIONS - SECTION 2 - PAGE 15 the case even if other contract work is not completed and has not been accepted in conformance with the terms of the contract by the City. ADD: 2-3.10 PROMPT PAYMENT OF FUNDS WITHHELD TO SUBCONTRACTORS. The City shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptance of portions, as determined by the City, of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the City. Federal law (49 CFR 26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the City’s prior written approval. Any violation of this provision shall subject the violating prime contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise, available to the prime contractor or subcontractor in the event of a dispute involving late payment, or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. This provision applies to both DBE and non-DBE prime contractors and subcontractors. ADD: 2-3.11 BID RIGGING. The U.S. Department of Transportation (DOT) provides a toll-free hotline to report bid rigging activities. Use the hotline to report bid rigging, bidder collusion, and other fraudulent activities. The hotline number is (800) 424-9071. The service is available 24 hours 7 days a week and is confidential and anonymous. The hotline is part of the DOT's effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General. 2-4 CONTRACT BONDS. First paragraph, DELETE second and third sentences and SUBSTITUTE the following: Bonds shall be executed by a responsible surety as follows: If the Work is being funded with state or local money, consistent with California Code of Civil Procedure § 995.670, the Surety shall be an “admitted surety” authorized by the State of California Department of Insurance to transact surety insurance in the State. If the Work is being funded with federal money, the Surety shall be listed in the U.S. Treasury Department Circular 570 and in conformance with the Underwriting Limitations as expressed therein. DELETE the third and fourth paragraphs and SUBSTITUTE the following: The Contractor shall provide the following bonds: GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT 14-13 SCOPE AND CONTROL OF WORK JULY 12, 2018 SPECIAL PROVISIONS - SECTION 2 - PAGE 16 a) Contracts less than $10,000: i. A “Payment Bond” (Materials and Labor Bond) is optional. If no bond is submitted, no payment will be made until 60 days after NOC has been recorded and any lien requirements have been fulfilled. If a bond is submitted, progress payments will be made in accordance with these Specifications. ii. A “Faithful Performance Bond” is not required. b) Contracts over $10,000 and less than $25,000: i. A “Payment Bond” (Materials and Labor Bond) is optional. If no bond is submitted, progress payments may be made with a minimum of 20% retention. If a bond is submitted, progress payments will be made in accordance with these Specifications. ii. A “Faithful Performance Bond” is not required. c) Contracts over $25,000: i. A “Payment Bond” (Materials and Labor Bond) for not less than 100% of the Contract Price, to satisfy claims of material Suppliers and of mechanics and laborers employed on the Work. The bond shall be maintained by the Contractor in full force and effect until the Work is accepted by the City and until all claims for materials and labor are paid, and shall otherwise comply with the Government Code. ii. A “Faithful Performance Bond” for 100% of the Contract Price to guarantee faithful performance of Work, within the time prescribed, in a manner satisfactory to the City, and that materials and workmanship will be free from original or developed defects. iii. A “Warranty Bond” for 25% of the Contract Price to guarantee the Work against defective material or workmanship for a period of one (1) year from the date of completion of the contract. The bond shall be furnished by the Contractor as a condition of acceptance of the Work by the City and issuance of a NOC for the Project. The terms of the bond shall specify the Contractor’s obligation to repair or make whole parts of the Work identified as defective within five (5) days written notice by the City, at the Contractor’s expense. Failure to repair defective material and/or workmanship within five (5) days’ notice shall be cause for the City to make necessary repairs to the Work, for which the Contractor shall be charged all expenses. All repair work shall be performed in accordance with the terms of the Contract Documents. ADD the following: If the Surety on any bond furnished by the Contractor is declared bankrupt, becomes insolvent, or its right to do business is terminated in any state where any part of the GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT 14-13 SCOPE AND CONTROL OF WORK JULY 12, 2018 SPECIAL PROVISIONS - SECTION 2 - PAGE 17 Project is located, the Contractor shall immediately notify the Engineer and immediately substitute another bond and surety acceptable to the City. The Contractor shall require the Surety to mail its standard “Bond Status” form to the City’s Legal Address. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General. ADD the following: If during the performance of the Work, the Contractor finds a conflict, error, omission, or discrepancy in the Contract Documents or in the City’s field work, which is necessary for a clear understanding of the Work, or if any errors appear in either the various instruments or in the work done by other contractors affecting the Work included in the Specifications, the Contractor shall report it to the Engineer in writing at once and before proceeding with the Work affected thereby. If the Contractor fails to give such notice, the Contractor shall make good any damage or defect in the Work caused thereby. If the Engineer finds an error or omission has been made, the Engineer will determine the corrective actions and advise the Contractor accordingly. If the corrective work associated with an error or omission increases or decreases the amount of Work called for in the Contract, the City will issue an appropriate Change Order or Field Order (as applicable). After discovery of a claimed error or omission by the Contractor if the Contractor continues with the Work without written direction from the Engineer, the related work performed by the Contractor shall be at the Contractor’s risk. The execution of Work specially detailed or explained, without a previous written Claim for an Extra Work charge, shall constitute an acceptance by the Contractor. It is the intent of the Specifications and Plans to describe a complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work that may reasonably be inferred from the Specifications or Plans as being required to produce the intended result shall be supplied whether or not it is specifically called for, at no additional cost to the City. When words in the Specifications or on the Plans, which have a well-known technical or trade meaning, are used to describe Work, material, or equipment such words shall be interpreted per such meaning. Reference to specified software, guides, standard specifications, manuals or codes of any technical society, organization or association, or to the code of any governmental authority, whether such reference be specific or by implication, shall mean the latest edition or version in effect at the time of opening of Bids (or, on the effective date of the Contract if there were no Bids), except as may be otherwise specifically stated. No provision of any referenced standard specifications, manual or code (whether or not GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT 14-13 SCOPE AND CONTROL OF WORK JULY 12, 2018 SPECIAL PROVISIONS - SECTION 2 - PAGE 18 specifically incorporated by reference in the Contract Documents) shall change the duties and responsibilities of the Engineer or the Contractor or any of their agents or employees from those set forth in the Contract Documents. Clarifications and interpretations of the Contract Documents will be issued by the Engineer within 5 working days of receipt. ADD: 2-5.1.1 Division of the Specifications and the Plans. Specifications and Plans are divided into groups e.g., engineering disciplines for the convenience of the City. These divisions are not for the purpose of apportioning Work or responsibility for Work among Subcontractors and Suppliers. 2-5.2 Precedence of Contract Documents. DELETE in its entirety and SUBSTITUTE the following: If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be as follows with item (1) being the highest: 1) Permits; from other agencies as may be required by law 2) Change Orders and Supplemental Agreements; whichever occurs last 3) Contract Agreement 4) Addenda 5) Bid/Proposal 6) Supplementary Special Provisions (SSP) 7) Special Provisions 8) Plans 9) Standard Drawings 10) Standard Specifications 11) Reference Specifications The figured dimensions shown on the drawings and in the specifications may not, in every case, agree with scale dimensions. Figured dimensions shall take precedence over scaled dimensions, and large-scaled drawings shall take precedence over small-scale drawings. With reference to the drawings the order of precedence shall be as follows: 1) Figures govern over scaled dimensions 2) Detail drawings govern over general drawings 3) Addenda and Change Order drawings govern over Plans 4) Plans govern over Standard Drawings When a conflict exists between the ADA Standards for Accessible Design, Title 24, and the City Supplements, the most restrictive requirement shall be followed. ADD: 2-5.4 Red-lines Drawings. GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT 14-13 SCOPE AND CONTROL OF WORK JULY 12, 2018 SPECIAL PROVISIONS - SECTION 2 - PAGE 19 The Contractor shall keep accurate records on a set of full size Plans of additions and deletions to the Work, and of changes in location, elevation, and character of the Work not otherwise shown or noted on Contract documents. Red-lines drawings shall be coordinated with field measurements, Shop Drawings, Working Drawings, Samples, Product Data, and available records. The Contractor shall immediately give written notice of any conflicts between these documents to the City. On building construction Contracts, the Contractor shall record the location by dimension and the depth by elevation of underground line, valves, plugged tees, capped ends, etc. The Contractor shall record, by dimension or scale plans, wiring, conduits, and pull boxes as installed. All information necessary to maintain, service, or both any concealed Work shall be noted on these Red-line Drawings. This data shall be legibly recorded to the satisfaction of the Engineer. Records shall be kept current with entries checked by the Engineer before the Work is buried or covered. These plans shall be delivered to the Engineer upon completion of the job. The Contractor’s failure to update and deliver Red-lines information monthly to the Engineer for review and approval may result in withholding of monthly progress payments. The payment for Red-lines drawings shall be included in the various Bid items. ADD: 2-5.5 As-built Drawings. For Design-Build contracts or if required in the Special Provisions, As-built Drawings shall be the responsibility of the Contractor. As-built drawings shall be prepared from the Red-lines information and shall provide factual information regarding all aspects of the Work, both concealed and visible, to enable future modification of design to proceed without lengthy and expensive site measurement, investigation, and examination. Prior to Final Completion, the Contractor shall prepare and submit one complete set of full sized (24” x 36”) original Mylar final As-built Drawings (CADD plots) prepared in accordance with the City’s CADD standards. Each CADD Mylar drawing sheet shall be wet stamped and signed by qualified responsible engineers registered in the State of California, and shall be stamped and wet signed by the architect/engineer of record, as required by law. Other applicable portions of the drawing title blocks shall also be signed by Contractor. Drawing Mylar shall be 3 mils minimum thickness. The payment for As-built drawings shall be included in the various Bid items. ADD: 2-5.6 Measurements and Dimensions. GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT 14-13 SCOPE AND CONTROL OF WORK JULY 12, 2018 SPECIAL PROVISIONS - SECTION 2 - PAGE 20 Scaled dimensions are approximate. Before ordering materials or commencing Work, measure site for proper size and fit. The Contractor shall verify dimensions and quantities by taking measurements in the field and shall be responsible for their correctness. 2-6 WORK TO BE DONE. ADD the following: The City assumes no responsibility for any conclusions or interpretations made by the Contractor based on any information made available by the City. Nor does the City assume responsibility for any understanding reached or representation made by any of the City’s officers or agents before Award of this contract concerning conditions which could affect the Work, unless that understanding or representation is expressly stated in the Contract Documents. Where approval or acceptance by the City is required, it is understood to be general approval only and does not relieve the Contractor of responsibility for complying with all applicable laws, codes, and best practices. 2-7 SUBSURFACE DATA. ADD the following: The Plans for the Work show conditions as are believed by the Engineer to exist, but it is not to be inferred that all of the conditions as shown thereon actually exist, nor shall the City or any of its officers be liable for any loss sustained by the Contractor as a result of any variance between conditions as shown on the Plans and the actual conditions revealed during the progress of the Work or otherwise. If reports of explorations and tests of subsurface conditions at the Site are included in the Contract Documents e.g., Supplementary Special Provisions (SSP), the Bidders are encouraged to inspect the Site, acquire, and review these reports and to take other necessary steps to thoroughly familiarize themselves with the Site conditions. If a review of the documents and Site inspection indicate a conflict, the Bidder shall immediately notify the City. For access and cost information to obtain those reports contact the City Project Manager, during regular business hours. The City does not represent that the listed documents, or the logs, and test results, show the conditions that will be encountered in performing the Work. The City represents only that the logs, and test results show the conditions encountered at the particular locations and at the particular times they were obtained. The Bidders and other users of the subsurface data are cautioned that interpretations and conclusions contained in the documents were formulated for design purposes only and were based on work performed in such a way as to expressly provide information required for design. 2-8 RIGHT-OF-WAY. After first sentence, ADD the following: GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT 14-13 SCOPE AND CONTROL OF WORK JULY 12, 2018 SPECIAL PROVISIONS - SECTION 2 - PAGE 21 The Contractor shall be responsible for coordinating with property owners as to timing, when access is provided through rights of entry, and shall protect private improvements in accordance with 7-9, “PROTECTION AND RESTORATION OF THE EXISTING IMPROVEMENTS.” 2-9.1 Permanent Survey Markers. DELETE in its entirety and SUBSTITUTE with the following: Survey monuments of various types generally exist along the centerline and/or right-of- way lines of City streets that may be affected by the Work. The Contractor shall be required to reset any existing survey monuments or markers that are disturbed or otherwise removed by construction of the project. The Contractor’s surveyor shall file corner records with Riverside County as required by law. Existing survey monuments set into the existing asphalt concrete surface (i.e. tag and nail) shall be replaced as necessary to reestablish the survey monument control after construction of the project. It shall be the Contractor's responsibility to protect all the existing survey monuments, bench marks, survey marks and stakes. Removal of such monuments and markers, or displacement thereof, shall require their resetting per City requirements, including corner record filing, for the existing type of monument in question at the Contractor's expense. The Contractor shall maintain a survey location check on the monuments without cost to the City. The survey location check shall be submitted to the Engineer at the Pre- Construction Conference, prior to initiation of any work. The Contractor is advised that any resetting of monuments will be the responsibility of the Contractor, to be reset by a California licensed Land Surveyor or Registered Civil Engineer appropriately licensed to practice land surveying. Should the Contractor anticipate the removal of any survey monuments, notification shall be given to the Engineer prior to removal. The Contractor shall be responsible for reinstalling existing or installing new monument wells, after resetting any disturbed survey monument. The cost to perform this work shall be considered as included in the lump sum bid item titled “Survey Monument Tie-In” and no additional payment will be made therefore. 2-9.2 Survey Service. DELETE in its entirety and SUBSTITUTE with the following: The Contractor shall provide all construction surveying by a California registered Land Surveyor or Registered Civil Engineer appropriately licensed to practice land surveying. The Contractor’s surveyor shall provide monument tie-out and corner record filing, as required by the Engineer or his representative. The Contractor’s surveyor shall set all stakes and hubs, furnish all lines, grades and measurements necessary for the proper prosecution and control of the work contracted for under these specifications. No direct payment will be made for this labor, materials, or other expenses therewith. GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT 14-13 SCOPE AND CONTROL OF WORK JULY 12, 2018 SPECIAL PROVISIONS - SECTION 2 - PAGE 22 The Contractor must give weekly copies of all survey notes to the Engineer so that the Engineer may check them as to accuracy and method of staking. All areas that are staked by the Contractor must be checked and approved by the Engineer prior to beginning any work in the area. The Engineer will make periodic checks of the grades and alignment set by the Contractor. In case of error on the part of the Contractor, his/her employees, or surveyor, resulting in establishing grades and/or alignment that are not in accordance with the plans or as established by the Engineer, all construction or staking not in accordance with the established grades and/or alignment shall be replaced without additional cost to the City. Payment for any and all construction surveying required by this Project, by the Contractor’s Surveyor, shall be considered as included in the various bid items of work, and no additional compensation shall be allowed therefore. 2-10 AUTHORITY OF BOARD AND ENGINEER. ADD the following: Any plan or method of Work suggested to the Contractor by the City, but not specified or required by this contract, which is adopted or followed by the Contractor in whole or in part, shall be done at the sole risk and responsibility of the Contractor. The City assumes no responsibility and shall not be held liable for any defects in the Work which may result from or be caused by use of such plan or method or Work. 2-11 INSPECTION. ADD the following: If required by the Engineer, the Contractor shall provide information related to the inspection of the Work. The Contractor shall provide access in accordance with Cal- OSHA Standards where necessary. The Contractor shall request inspections in accordance with the prevailing Codes and by the Public Works & Engineering Department. The Contractor shall coordinate these inspections at all times through the Engineer. The Contractor shall remove and replace any items of Work performed without the benefit of inspection as may be required by any associated building permits. Special Note: The Contractor is advised that any structural construction is subject to a separate building permit, and inspection by the City’s Building Official. The Contractor is responsible for obtaining a separate building permit and scheduling required inspections by the City’s Building Official for construction of structural elements of the Work. For required subsequent inspection, the Contractor shall remove and replace Work at the discretion of the Engineer at no additional cost to the City. Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract. The Contractor shall give at least 5 days’ notice for off-site inspection. Notices shall not be deemed effective until the City has responded and agreed to the Contractor’s date and time. GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT 14-13 SCOPE AND CONTROL OF WORK JULY 12, 2018 SPECIAL PROVISIONS - SECTION 2 - PAGE 23 The City may either perform inspection services with its own forces or contract with third parties. The Contractor shall call for, coordinate, and schedule all inspections. The City will make any inspections and tests as the City deems necessary to ensure the Work is accomplished in accordance with the requirements of the Contract Documents, other than inspections for Work performed in accordance with a permit. The Contractor shall be responsible for coordinating required inspection of all Work performed in accordance with a permit. Unless otherwise specified, the City will provide all required inspections and tests. In the event inspections or tests reveal non-compliance with the requirements of the Construction Documents, the Contractor shall bear the cost of any and all corrective measures deemed necessary by the City, as well as the cost of the City’s subsequent re-inspection and re-testing. The City has the right, for a reasonable time, to stop or suspend Work which will cover, and thereby prevent or impede the City’s or another agency’s ability to inspect, test, or approve a portion of the Work. The Contractor shall have no right to additional costs or time that it may incur as a result of the Work stoppage or suspension. The Work shall not be covered prior to inspection, testing, or approval required by the Contract Documents, the City’s prior written request, or by other agencies. If any item of Work is covered prior to obtaining the required approvals, the Contractor shall, when requested by the City, uncover the Work for inspection, testing, approval, or all. Upon successful completion of the inspection, testing, or approval, the Contractor shall cover the Work where required again. The Contractor shall bear all direct and indirect costs and damages of such uncovering and re-covering and shall not be entitled to an increase in the Contract Price or the Contract Time, unless the Contractor has given the City and any other affected agencies written notice of the Contractor's intention to cover the Work and the City has not acted with in response to such notice. Tests, inspections, and approvals of items of the Work required by the Contract Documents, Applicable Laws or normal construction practices shall be made at an appropriate time, and in accordance with the Contract Documents. Unless otherwise specified, the City will make arrangements for such tests, inspections and approvals. The Contractor shall give the City notice of when and where tests and inspections are to be made so that the City may observe such procedures. Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and delivered to the City. ADD: 2-13 PARTNERING. The Contractor may request the formation of a Partnering relationship by submitting a request in writing to the Engineer after approval of the Contract. If the Contractor’s request for Partnering is approved by the Engineer, scheduling of a Partnering workshop, selecting the Partnering facilitator and workshop, selecting the Partnering facilitator and workshop site, and other administrative details shall be as agreed to by both Parties. GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT 14-13 SCOPE AND CONTROL OF WORK JULY 12, 2018 SPECIAL PROVISIONS - SECTION 2 - PAGE 24 The establishment of a Partnering relationship will not change or modify the terms and conditions of the Contract and will not relieve either party of the legal requirements of the contract. The goals of partnering shall include: a) The Construction Manager, the City’s representatives, and the Contractor’s representatives including Subcontractors actively working together as partners; b) Avoidance of destructive confrontation and litigation among the parties; c) Mutual understanding on how the Work is to be conducted; d) Establishment of mutual key results to facilitate Project success; and, e) Establishment of an atmosphere of team work, trust, and open communication. 2-13.1 Payment. The payments involved in providing a facilitator and a workshop site will be borne equally by the City and the Contractor. The Contractor shall pay all compensation for the wages and expenses of the facilitator and of the expenses for obtaining the workshop site. The City’s share of such costs will be reimbursed to the Contractor in a Change Order written by the Engineer unless a Bid item has been established for Partnering. Markups will not be added. Other costs associated with the Partnering relationship shall be borne separately by the party incurring the costs. ADD: 2-14 SITE ACTIVITIES BY THE CITY OR SEPARATE CONTRACTORS. 2-14.1 City's Right to Award Separate Contracts. The City reserves the right to perform work or operations outside the scope of Work of this contract related to the Project with City Forces, Separate Contractors, or both. If Work to be performed by another party was not noted in this contract, the City will give written notice to the Contractor 10 Working Days prior to the start of any work. If the Contractor determines that the work being performed by the City or others may interfere with, or cause damages to Work being performed by the Contractor, the Contractor shall notify the City in writing within 3 days of the City’s notice. 2-14.2 Integration of the Work with Separate Contractors. If specified in the Contract Documents, the Contractor shall prepare a plan in order to integrate the work performed by Separate Contractors with the performance of the Work, and shall submit such plan to the City for approval. The plan shall be fair and reasonable for the Contractor and the Separate Contractors, and the Contractor shall work with the Separate Contractors to reach agreement on such plan. The Contractor shall arrange the performance of the Work so that the Work and the work of the Separate Contractors are, to the extent applicable, properly integrated, jointed in an acceptable manner, and performed in the proper sequence so that any disruption or damage to the Work or to any work of Separate Contractors is avoided. 2-14.3 Coordination. The Contractor shall provide for the coordination of the activities of the Contractor and its Subconsultants and Subcontractors with the activities of the Separate Contractors. The Contractor shall participate with all Separate Contractors and the City in reviewing and coordinating the schedules of the Separate Contractors with the GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT 14-13 SCOPE AND CONTROL OF WORK JULY 12, 2018 SPECIAL PROVISIONS - SECTION 2 - PAGE 25 Schedule. The Contractor shall make any revisions to the Schedule deemed necessary to properly incorporate the work of the Separate Contractors with the Work. To the extent (a) the date of Final Completion is extended by such Schedule revision; (b) the Contractor is required to perform its Work materially out of sequence, and in a manner which is not as efficient or cost effective as originally planned; or (c) the scope of Work is increased, an equitable adjustment in the Contract Price and the Contract Time shall be made in accordance with the provisions of Section 3, “CHANGES IN WORK.” 2-14.4 Use of Site. The Contractor shall afford the City and all Separate Contractors reasonable opportunity for storage of materials and equipment and performance of their work. The Contractor shall connect and coordinate its Work and operations with the City and all Separate Contractors' operations as required by the Contract Documents. The City will direct the Separate Contractors to cooperate with the Contractor and to avoid actions or omissions which could interfere with or delay the activities of the Contractor. 2-14.5 Deficiency in Work of Separate Contractors. If part of the Contractor's Work depends on proper execution or results upon construction or operations by the City or a Separate Contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Separate Contractor and the City apparent discrepancies or defects in such other construction that would render it unsuitable for proper execution and results by the Contractor. The Contractor and the Separate Contractor shall use good faith efforts to resolve any such discrepancies or defects or any disagreements relating thereto. Failure of the Contractor to report shall constitute acceptance by the Contractor of the work of Separate Contractors as fit, proper, and coordinated with the Contractor's Work. ADD: 2-15 SITE EXAMINATION. The Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work, and the general and local conditions, such as, but not limited to, all other matters which could in any way affect the Work or the costs thereof. The failure of the Contractor to acquaint itself with all available information regarding any applicable existing or future conditions shall not relieve it from the responsibility for properly estimating the difficulties, responsibilities, or costs of successfully performing the Work according to the Contract Documents. ADD: 2-16 FLOW AND ACCEPTANCE OF WATER. Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, and has prepared its Bid accordingly; and the Contractor, by submitting such a Bid, assumes all said risk. - END OF SECTION - GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT 14-13 SCOPE AND CONTROL OF WORK JULY 12, 2018 SPECIAL PROVISIONS - SECTION 2 - PAGE 26 CONTRACT ITEM NO. SUBCONTRACT NAME AND BUSINESS ADDRESS BUSINESS PHONE CERTIFICATION NUMBER AMOUNT PAID WHILE CERTIFIED CERTIFICATION/ DECERTIFICATION DATE Letter attached $ $ $ $ $ $ $ $ $ Comments: I CERTIFY THAT THE ABOVE INFORMATION IS COMPLETE AND CORRECT CONTRACTOR REPRESENTATIVE SIGNATURE TITLE BUSINESS PHONE NUMBER DATE TO THE BEST OF MY KNOWLEDGE, THE ABOVE INFORMATION IS COMPLETE AND CORRECT RESIDENT ENGINEER BUSINESS PHONE NUMBER EXHIBIT 17-O DISADVANTAGED BUSINESS ENTERPRISES (DBE) CERTIFICATION STATUS CHANGE STATE OF CALIFORNIA – DEPARTMENT OF TRANSPORTATION CP-CEM-2403(F) (New. 10/99) CONTRACT NUMBER COUNTY ROUTE POST MILES ADMINISTERING AGENCY CONTRACT COMPLETION DATE PRIME CONTRACTOR BUSINESS ADDRESS ESTIMATED CONTRACT AMOUNT Prime Contractor: List all DBEs with changes in certification status (certified/decertified) while in your employ, whether or not firms were originally listed for good credit. Attach DBE certification/Decertification letter in accordance with the Special Provisions DATE Distribution: Original copy -DLAE Copy -1) Business Enterprise Program, 2) Prime Contractor, 3) Local Agency, 4) Resident Engineer GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT 14-13 SCOPE AND CONTROL OF WORK JULY 12, 2018 SPECIAL PROVISIONS - SECTION 2 - PAGE 27 Form CP-CEM 2403(F) (New 10/99) DISADVANTAGED BUSINESS ENTERPRISES (DBE) CHANGE IN CERTIFICATION STATUS REPORT The top of the form requires specific information regarding the construction project: Contract Number, County, Route, Post Miles, the Administering Agency, the Contract Completion Date, and the Estimated Contract Amount. It requires the Prime Contractor’s name and Business Address. The focus of the form is to substantiate and verify the actual DBE dollar amount paid to contractors on federally funded projects that had a changed in Certification status during the course of the completion of the contract. The two situations that are being addressed by CP-CEM 2403(F) are, if a firm certified as a DBE and doing work on the contract during the course of the project becomes Decertified, and if a non-DBE firm doing work on the contract during the course of the project becomes Certified as a DBE. The form has a column to enter the Contract Item No (or Item Nos.) as well as a column for the Subcontractor’s Name, Business Address, Business Phone, and contractor's Certification Number. The column entitled Amount Paid While Certified will be used to enter the actual dollar value of the work performed by those contractors who meet the conditions as outlined above during the time period they are Certified as a DBE. This column on the CP-CEM-2403(F) should only reflect the dollar value of work performed while the firm was Certified as a DBE. The column called Certification/Decertification Date (Letter attached) will reflect either the date of the Decertification Letter sent out by the Civil Rights Program or the date of the Certification Certificate mailed out by the Civil Rights Program. There is a box to check that support documentation is attached to the CP-CEM-2403 (F) form. There is a Comments section for any additional information that may need to be provided regarding any of the above transactions. The CEM-2403(F) has an area at the bottom where the Contractor and the Resident Engineer sign and date that the information provided is complete and correct. There is a Comments section for any additional information that may need to be provided regarding any of the above transactions. The CEM-2403(F) has an area at the bottom where the Contractor and the Resident Engineer sign and date that the information provided is complete and correct. GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT 14-13 SCOPE AND CONTROL OF WORK JULY 12, 2018 SPECIAL PROVISIONS - SECTION 2 - PAGE 28 (DBE), FIRST-TIER SUBCONTRACTORS EXHIBIT 17-F Final Report-Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION FINAL REPORT-UTILIZATION OF DISADVANTAGED BUSINESS ENTERPRISES ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654-3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814 CEM-2402F (REV 02/2008) CONTRACT NUMBER COUNTY ROUTE POST MILES FEDERAL AID PROJECT NO. ADMINISTERING AGENCY CONTRACT COMPLETION DATE PRIME CONTRACTOR BUSINESS ADDRESS ESTIMATED CONTRACT AMOUNT $ ITEM NO. DESCRIPTION OF WORK PERFORMED AND MATERIAL PROVIDED COMPANY NAME AND BUSINESS ADDRESS DBE CERT. NUMBER CONTRACT PAYMENTS NON-DBE DBE DATE WORK COMPLETE DATE OF FINAL PAYMENT $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ ORIGINAL COMMITMENT $ TOTAL $ $ DBE List all First-Tier Subcontractors, Disadvantaged Business Enterprises (DBEs) regardless of tier, whether or not the firms were originally listed for goal credit. If actual DBE utilization (or item of work) was different than that approved at time of award, provide comments on back of form. List actual amount paid to each entity. I CERTIFY THAT THE ABOVE INFORMATION IS COMPLETE AND CORRECT CONTRACTOR REPRESENTATIVE'S SIGNATURE BUSINESS PHONE NUMBER DATE TO THE BEST OF MYINFORMATIONAND BELIEF, THEABOVE INFORMATION IS COMPLETEAND CORRECTRESIDENT ENGINEER'S SIGNATURE BUSINESS PHONE NUMBER DATE Copy Distribution-Caltrans contracts: Original - District Construction Copy- Business Enterprise Program Copy- Contractor Copy Resident Engineer Copy Distribution-Local Agency contracts: Original - District Local Assistance Engineer (submitted with the Report of Expenditure Copy- District Local Assistance Engineer Copy- Local Agency file GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT 14-13 SCOPE AND CONTROL OF WORK JULY 12, 2018 SPECIAL PROVISIONS - SECTION 2 - PAGE 29 FINAL REPORT – UTILIZATION OF DISADVANTAGED BUSINESS ENTERPRISES (DBE) FIRST-TIER SUBCONTRACTORS CEM 2402(F) (Rev. 02/2008) The form requires specific information regarding the construction project: Contract Number, County, Route, Post Miles, Federal-aid Project No., the Administering Agency, the Contract Completion Date and the Estimated Contract Amount. It requires the prime contractor name and business address. The focus of the form is to describe who did what by contract item number and descriptions, asking for specific dollar values of item work completed broken down by subcontractors who performed the work both DBE and non-DBE work forces. DBE prime contractors are required to show the date of work performed by their own forces along with the corresponding dollar value of work. The form has a column to enter the Contract Item No. (or Item No's) and description of work performed or materials provided, as well as a column for the subcontractor name and business address. For those firms who are DBE, there is a column to enter their DBE Certification Number. The DBE should provide their certification number to the contractor and notify the contractor in writing with the date of the decertification if their status should change during the course of the project. The form has six columns for the dollar value to be entered for the item work performed by the subcontractor. The Non-DBE column is used to enter the dollar value of work performed for firms who are not certified DBE. The decision of which column to be used for entering the DBE dollar value is based on what program(s) status the firm is certified. This program status is determined by the California Unified Certification Program by ethnicity, gender, ownership, and control issues at time of certification. To confirm the certification status and program status, access the Department of Transportation Civil Rights web site at: http://www.dot.ca.gov/hq/bep or by calling (916) 324-1700 or the toll free number at (888) 810-6346. Based on this DBE Program status, the following table depicts which column to be used: DBE Program Column to be used If program status shows DBE only with no other programs listed DBE If a contractor performing work as a DBE on the project becomes decertified and still performs work after their decertification date, enter the total dollar value performed by this contractor under the appropriate DBE identification column. If a contractor performing work as a non-DBE on the project becomes certified as a DBE, enter the dollar value of all work performed after certification as a DBE under the appropriate identification column. Enter the total of each of the six columns in Form CEM-2402(F). Any changes to DBE certification must also be submitted on Form-CEM 2403(F). Enter the Date Work Completed as well as the Date of Final Payment (the date when the prime contractor made the “final payment” to the subcontractor for the portion of work listed as being completed). The contractor and the resident engineer sign and date the form indicating that the information provided is complete and correct. CHANGES IN WORK SPECIAL PROVISIONS - SECTION 3 - PAGE 1 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 SECTION 3 – CHANGES IN WORK ADD: 3-1.3 Cost Reduction Proposal. The Contractor may submit to the Engineer in writing, proposals for modifying the Plans, Specifications, or other requirements of the Contract for the sole purpose of reducing the total cost of construction. The cost reduction proposal shall not impair, in any manner, the essential functions or characteristics of the Project such as service life, economy of operation, ease of maintenance, desired appearance, or design and safety standards. Cost reduction proposals shall contain the following information: a) A description of both the existing Contract requirements for performing the Work and the proposed changes. b) An itemization of the Contract requirements that shall be changed if the proposal is adopted. c) A detailed estimate of the cost of performing the Work under the existing Contract and under the proposed change. d) A statement of the time within which the Engineer shall make a decision thereon. e) The Contract items of Work affected by the proposed changes, including any quantity variation attributable thereto. The provisions of this section shall not be construed to require the Engineer to consider any cost reduction proposal which may be submitted hereunder; nor will the City be liable to the Contractor for failure to accept or act upon any cost reduction proposal submitted pursuant to this section, nor for any delays to the Work attributable to any such proposal. If a cost reduction proposal is similar to the information included in the Contract Documents or adopted by the City after the advertisement for the Contract, the City will not accept such proposal and reserves the right to make such changes without compensation to the Contractor under the provisions of this section. The Contractor shall continue to perform the Work in accordance with the requirements of the Contract until an executed Change Order, incorporating the cost reduction proposal has been issued. If an executed Change Order has not been issued by the date upon which the Contractor's cost reduction proposal specified that a decision thereon should be made, or such other date as the Contractor may subsequently have specified in writing, such cost reduction proposal shall be deemed rejected. The Engineer shall be the sole judge of the acceptability of a cost reduction proposal and of the estimated net savings in construction costs from the adoption of all or any part of such proposal. In determining the estimated net savings, the right is reserved to disregard the Contract Bid prices if, in the judgment of the Engineer, such prices do not represent a fair measure of the value of the Work to be performed or to be deleted. The City reserves the right, where it deems such action appropriate, to require the Contractor to share in the City's costs of investigating a cost reduction proposal submitted by the Contractor as a condition of considering such proposal. Where such a condition is imposed, the Contractor shall indicate its acceptance thereof in writing, and such CHANGES IN WORK SPECIAL PROVISIONS - SECTION 3 - PAGE 2 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 acceptance shall constitute full authority for the City to deduct amounts payable to the Contractor from any monies due or that may become due to the Contractor under the Contract. If the Contractor's cost reduction proposal is accepted in whole or in part, such acceptance will be by a Change Order, which shall specifically state that it is executed pursuant to this section. Such Change Order shall incorporate the changes in the Plans and Specifications which are necessary to permit the cost reduction proposal, or such part of it as has been accepted to be put into effect, and shall include any conditions upon which the City's approval thereof is based if the approval of the City is conditional. The Change Order shall set forth the estimated net savings in the cost of performing the Work attributable to the cost reduction proposal effectuated by the Change Order, and shall further provide that the Contract cost be adjusted by crediting the City with 50% of estimated net savings amount. Acceptance of the cost reduction proposal and performance of the Work shall not extend the time of completion of the Contract, unless specifically provided for in the Change Order authorizing the use of the cost reduction proposal. The amount specified to accrue to the Contractor in the Change Order which effectuates a cost reduction proposal shall constitute full compensation to the Contractor for the cost reduction proposal and the performance of the Work thereof pursuant to the said Change Order. The City expressly reserves the right to adopt a cost reduction proposal for general use on contracts administered by the City when it determines that said proposal is suitable for application to other contracts. When an accepted cost reduction proposal is adopted for general use, only the Contractor who first submitted such proposal will be eligible for compensation pursuant to this section, and in that case, only as to those contracts awarded to him prior to submission of the accepted cost reduction proposal. The cost reduction proposals identical or similar to previously submitted proposals will be eligible for consideration and compensation under the provisions of this section, if the identical or similar, previously submitted proposals were not adopted for general application to other contracts administered by the City. Subject to the provisions contained herein, the City or any other public agency shall have the right to use all or any part of any submitted cost reduction proposal without obligation or compensation of any kind to the Contractor. Additional bonding may be required. The Contractor shall bear all costs to revise bonds for the Project to include the cost reduction incentive proposal Work. 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.1 General: DELETE the first paragraph in its entirety and SUBSTITUTE with the following: CHANGES IN WORK SPECIAL PROVISIONS - SECTION 3 - PAGE 3 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 Without invalidating the Contract and without notice to any surety, the City may at any time order additions, deletions, or revisions in the Project in the following manner: a) When the City desires a change; the City will issue a request for proposal to the Contractor. b) The Contractor shall submit a response within 7 Working Days. c) After the City reviews the Contractor’s response, the City changes will be authorized by a written Change Order prepared and issued by the City. d) Upon receipt of any such Change Order, the Contractor shall promptly sign and return the Change Order to the City and only thereafter proceed under the applicable conditions of the Contract Documents when the City has approved the Change Order. Should any single bid item of Work be deleted, the reduction in Total Contract Price shall reflect a credit for the full value of the deleted Work, including anticipated profit and overhead. If the credit for the deleted bid item of Work exceeds 25% of the Total Contract Price, the Contractor may reduce the credited amount for the deleted bid item of Work by a maximum of 5% of the amount in excess of the 25% of the Total Contract Price to cover overhead expenses. If the City requests the Contractor to submit a Change Proposal, and the preparation of such Change Proposal impacts the Contract Time (e.g., other Work is suspended pending a decision on such Change Proposal or the Design Work is delayed due to the preparation of the Change Proposal) an equitable adjustment in the Contract Time shall be made. 3-2.2.2 Increases of More Than 25 Percent: DELETE in its entirety and SUBSTITUTE with the following: Should the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications exceed the Bid quantity by more than 25 percent, payment for the quantity in excess of 125 percent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price as follows: Quantity of Work Performed Contract Unit Price Adjustment Up to and including 125% No Adjustment 125.01% through 150% - 5% Reduction 150.01% through 200% - 10% Reduction Over 200% - 10% Reduction or by Mutual Agreement Payment for the quantity in excess of 200 percent of the Bid quantity will be made on the basis of at least a 10% reduction in the Contract Unit Price, or at the option of the Engineer on the basis of Extra Work. The Extra Work basis of payment shall not include CHANGES IN WORK SPECIAL PROVISIONS - SECTION 3 - PAGE 4 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 125 percent of the Bid Quantity at the Contract Unit Price. 3-2.2.3 Decreases of More Than 25 Percent: DELETE in its entirety and SUBSTITUTE with the following: Should the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications be less than 75 percent of the Bid quantity, payment for the quantity less than 75 percent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price as follows: Quantity of Work Performed Contract Unit Price Adjustment Up to and including 75% No Adjustment 50% through 74.99% + 5% Increase 25% through 49.99% + 10% Increase Less Than 25% + 10% Increase or by Mutual Agreement Payment for the quantity less than 25 percent of the Bid quantity will be made on the basis of a maximum of a 10% increase in the Contract Unit Price, or at the option of the Engineer on the basis of Extra Work; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price. 3-2.3 Stipulated Unit Prices: DELETE in its entirety and SUBSTITUTE with the following: At the option of the Engineer, and with agreement by the Contractor, payment for additional work not covered by a Contract Unit Price and not identified in the Plans and Specifications, may be made by Stipulated Unit Prices in lieu of Section 3-3 “Extra Work.” Stipulated Unit Prices for additional work shall have a direct comparison to similar work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications. ADD: 3-2.6 Request for Proposal. The Contractor's proposal in response to the City’s Request for Proposal (RFP) shall be on forms acceptable to the Engineer. The Contractor’s proposal shall certify in writing that the amounts included cover all direct, supplemental, indirect, consequential and cumulative costs and delays, as applicable, and that those costs and delays would be or were necessarily incurred, despite the Contractor's reasonable and diligent efforts to mitigate them. Mitigation efforts under taken by the Contractor shall be described. 3-2.6.1 Proposal Content. Where the change in Contract Price is to be determined on the basis of the "cost of the work involved", the Contractor’s itemized estimates shall detail all applicable elements of cost, including, but not limited to, labor hours and payroll costs, quantities, crew mixes, production rates, material costs, Subcontractor and Supplier costs, equipment costs, and supplemental costs. Where the change in Contract CHANGES IN WORK SPECIAL PROVISIONS - SECTION 3 - PAGE 5 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 Price arises from changes in the schedule of all or part of the Work, or where a change in Contract Time is sought, the submittal shall include analysis required by 6-6.5, “Contract Time Extension and Schedule Analysis”. With respect to work during other than normal hours, the labor charges associated with such work shall consist of straight time wages and burden plus the appropriate overtime or shift premium with no additional burden (i.e., fringe benefits) on the premium portion. 3-3 EXTRA WORK. 3-3.1 General. ADD the following: The City reserves the right to direct the Contractor to solicit competitive Bids for Extra Work. If required by the City, the Contractor shall obtain competitive Bids from Subcontractors acceptable to Contractor and shall deliver such Bids to the City who will then determine which Bids will be accepted. Any request by the Contractor to change the Contract Price to include the price of Extra Work shall be by written notice to the City and shall include itemized estimates. The Contractor’s itemized estimates shall detail all applicable elements of price e.g., labor and payroll costs, quantities, crew composition, production rates, material costs, Subcontractor and Supplier costs, equipment costs, and supplemental costs. If the Contractor’s request to change the Contract Price arises from changes in the Schedule affecting all or part of the Project, or if the Contractor seeks a change in the Contract Time, the Contractor’s request shall include the analysis required by 6-1, “CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK.” 3-3.2.2 Basis for Establishing Costs. a) Labor: ADD the following: The Engineer reserves the right to request certified payrolls to substantiate the actual cost of labor. The Contractor shall produce payroll certified by a California licensed Certified Public Accountant. The certified payroll shall list the labor rates of the Contractor personnel, consultants and Subcontractors that are working on or are associated with this Project and shall be provided at the request of the Engineer. If the Contractor’s proposal for Extra Work is based upon services and work to be performed outside normal working hours, the labor charges associated with such Extra Work shall consist of straight time wages and burden plus the appropriate overtime or shift premium with no additional burden (i.e., fringe benefits) on the premium portion. In no case shall the Contractor be required to pay more than state and or federal wage rates, whichever governs the Work or any portions thereof. c) Tool and Equipment Rental: DELETE second paragraph in its entirety, and SUBSTITUTE the following: CHANGES IN WORK SPECIAL PROVISIONS - SECTION 3 - PAGE 6 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 Regardless of ownership, the rates to be used in determining equipment rental costs shall not exceed those listed in the latest edition of the Caltrans publication entitled "Labor Surcharge and Equipment Rental Rates" preceding the date the Work is accomplished. Where the Contractor can substantiate that the rental rates prevailing locally exceed the published rates by more than 15%, the Contractor will be entitled to a rental rate adjustment. For equipment not listed in said publication, rental rates shall not exceed listed rates prevailing locally at equipment rental agencies or distributors, at the time the Work is performed. Whenever possible, Extra Work shall be accomplished using equipment available on Site or owned by the Contractor. If a specific piece of equipment must be rented to be used exclusively for the Extra Work, the rental rate will be the invoiced rate. 3-3.2.3 Markup. DELETE in its entirety and SUBSTITUTE the following: For Change Orders, whether additive or deductive, and for work classified as Extra Work, the allowance for overhead and profit shall include full compensation for superintendence, insurance premiums, taxes, field office expense, extended overhead, home office overhead, and any other items of expense e.g., Change Order estimating and preparation cost, claims preparation cost, schedule analysis, project management, and field engineering. Extended overhead shall be any and all costs incurred either in the field or at the Contractor's office resulting from Extra Work excluding direct costs related to direct hourly labor, equipment, or materials necessary to complete the Extra Work. a) The allowance for overhead and profit shall not exceed the values in Table 3-2.2.3(A) unless specified otherwise in the Special Provisions. Table 3-2.2.3(A) Component Overhead Profit Labor 10% 10% Material 10% 5% Equipment 10% 5% b) To the sum of the costs and markups provided for in this subsection, actual increase in the Contractor’s bond premium caused by the Extra Work shall be added as compensation for Bonds. CHANGES IN WORK SPECIAL PROVISIONS - SECTION 3 - PAGE 7 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 c) Work paid under Allowance Bid items is not subject to the mark-up limitations specified in Table 3-2.2.3(A) unless specified otherwise in the Special Provisions. d) When all or any part of the Extra Work is performed by a Subcontractor, the allowance specified herein shall be applied to the labor, materials, and equipment costs of the Subcontractor, to which the Contractor may add 5% of the Subcontractor's total cost for the Extra Work. Regardless of the number of hierarchical tiers of Subcontractors, the 5% which is the Contractor’s allowance 3.5% (for overhead) and 1.5% (for profit) may be applied one time only to the performing Subcontractor’s total cost. ADD: 3-4.1 DIFFERING SITE CONDITIONS. In addition to the provisions of Section 3- 4, “Changed Conditions,” the following provisions pursuant to 23 CFR 635.109 shall apply: a. Contractor's Notification Promptly notify the Agency’s Engineer if you find either of the following conditions: 1. Physical conditions differing materially from either of the following: • Contract documents • Job site examination 2. Physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract Include details explaining the information you relied on and the material differences you discovered. If you fail to promptly notify the Engineer, you waive the differing site condition claim for the period between your discovery of the differing site condition and your notification to the Engineer. If you disturb the site after discovery and before the Engineer's investigation, you waive the differing site condition claim. b. Engineer's Investigation and Decision Upon your notification, the Engineer investigates job site conditions and: 1. Notifies you whether to resume affected work 2. Decides whether the condition differs materially and is cause for an adjustment of time, payment, or both CHANGES IN WORK SPECIAL PROVISIONS - SECTION 3 - PAGE 8 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 ADD: 3-4.2 Disallowance of Entitlement. The Contractor shall not be entitled to any adjustment in the Contract Price or Times if: The Contractor knew of the existence of such conditions at the time the Contractor made a final commitment to the City in respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or The existence of such condition could reasonably have been discovered or revealed as a result of any record search, examination, investigation, exploration, test or study of the Site and contiguous areas suggested or required by the Bidding Documents. ADD: 3-6 CLAIMS. The Contractor shall submit a Claim to the City if a dispute occurs that arises from or relates to the Contract. The Claim shall seek all relief to which the Contractor asserts it is entitled as a result of the event(s) giving rise to the dispute. The Contractor shall substantiate Claims, and shall process Claims in accordance with this section. The Contractor’s failure to process a Claim in accordance with this section shall constitute a waiver of all relief associated with the dispute. Claims shall be subject to 6- 11, “CITY’S RIGHT TO AUDIT.” Contractor shall continue to perform the Services and the Work and maintain the Schedule during any dispute proceedings and City will continue to make payments for undisputed Services and Work. A claim arising under the Contract, unlike a claim relating to the Contract, is a claim that can be resolved under a Contract provision that provides for or excludes the relief sought by the claimant. Such claims shall be resolved under the applicable provisions of the Contract. The City’s claims process in this section shall not relieve Contractor of his statutory obligations to present claims prior to any action under the California Government Code. 3-6.1 Time of Claim. The Contractor shall promptly, but in no event later than 30 days after the event(s) giving rise to the Claim, deliver the Claim to the City. The Contractor shall not process a Claim unless the City has previously denied a request by the Contractor for a Change Order that sought the relief to be pursued in the Claim. 3-6.2 Claim Certification Requirements. If the Claim seeks an increase in the Contract Price, the Contract Time, or both, the Contractor shall submit with the Claim an affidavit certifying that: a) The Claim is made in good faith and covers all costs and delays to which the Contractor is entitled as a result of the event(s) giving rise to the Claim; b) The amount claimed accurately reflects the adjustments in the Contract Price, the Contract Time, or both to which the Contractor believes it is entitled; and c) All supporting costs and pricing data are current, accurate, complete, and represent the best of the Contractor’s knowledge and belief. CHANGES IN WORK SPECIAL PROVISIONS - SECTION 3 - PAGE 9 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 The Contractor shall ensure that the affidavit is executed by an official who has the authority to legally bind Contractor. 3-6.3 Claim Resolution Process. The Contractor shall submit claim certification and request for a settlement meeting and the City’s Determination to the Construction Manager within 20 Working Days of receipt of the Construction Manager’s initial determination. 3-6.4 Initial Determination. Initial Determination is the City’s written approval or non- approval of a Claim from the Contractor. Within 30 days of receipt of a Claim, the City will deliver an Initial Determination to the Contractor. The City will not consider and will return to the Contractor any written demand that does not conform to the requirements of this Section 3-6. 3-6.5 Final Determination. If the Contractor disagrees with the Initial Determination, the Contractor may request a Final Determination. The Contractor’s request shall be in writing and shall be delivered to the City within 30 days of the date of the Initial Determination. The City will deliver a Final Determination to the Contractor within 30 days after receipt of the Contractor’s written request. Final Determination is the City’s final written decision on the Contractor’s appeal of the City’s Initial Determination on the Contractor’s Claim. 3-6.6 Settlement Meeting. Within 15 Working Days of receipt of the Contractor’s request for a “Settlement Meeting”, the Construction Manager will schedule a “Settlement Meeting” between the Contractor’s representative, the City’s representative, and the Construction Manager. This meeting will be an opportunity for the Contractor to explain its claim to senior management of the City. If a settlement agreement cannot be reached, the Construction Manager and the City will proceed to make a joint written determination. 3-6.7 City’s Determination. The City will make a written determination within 20 Working Days after the settlement meeting. The written determination shall be final and binding on the Contractor unless the Contractor notifies the City and the Construction Manager in writing of its objection within 15 Working Days after receipt of the written determination, and files a “Request for Dispute Resolution” in accordance with 3-6, “Dispute Resolution Process.” Failure to give notice of objection within said 15 Working Days period shall be deemed to be a waiver of its right to pursue the claim. 3-6.8 Mandatory Assistance. If a third party dispute or litigation, or both, arises out of, or relates in any way to the Services provided under this contract, upon the City’s request, the Contractor shall assist in resolving the dispute or litigation. The Contractor’s required assistance includes, but is not limited to, providing professional consultations, attending mediations, arbitrations, depositions, trials or any event related to the dispute resolution, litigation, or both. 3-6.8.1 Attorney Fees Related To Mandatory Assistance. In providing the City with dispute or litigation assistance, the Contractor and or Subcontractors or their agents, CHANGES IN WORK SPECIAL PROVISIONS - SECTION 3 - PAGE 10 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 officers, and employees shall pay all incurred expenses and or costs. The Contractor and or any of its Subcontractors shall agree that any attorney fees incurred are not reimbursable. 3-6.9 Costs Relating To Weather Damage. The Contractor shall have no claims against the City for damages for any injury to Work, resulting from the action of the elements or weather. If, however, in the opinion of the Construction Manager, the Contractor has made all reasonable efforts to protect the Work, the Contractor may be granted a reasonable extension of Contract Time to make proper repairs, renewals, and replacements of Work in accordance with Section 6, “PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK.” ADD: 3-7 DISPUTE RESOLUTION PROCESS. 3.7-1 General. After following the provisions of Section 3-6, “Claims,” of these Special Provisions, disputes shall be resolved in accordance with the provisions of Section 20104, et seq., of the California Public Contract Code. The Contractor shall first pursue an informal resolution of any individual demand or claim, as required by Section 3-6, prior to pursuing a formal resolution of any demand or claim pursuant to this Section 3-7. The information in this Section 3-7 is provided for the Contractor’s clarification and does not limit or preclude the applicability of any provision of the Public Contract Code, unless otherwise stated herein. For the purposes of this Section 3-7, pursuant to said Section 20104, a claim is a separate demand of $375,000 or less for: a) A time extension; or b) Payment of money or damages arising from work done by, or on behalf of, the Contractor pursuant to the contract and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to; or c) An amount the payment of which is disputed by the City. This Section 3-7 does not apply to tort claims and nothing in this Section 3-7 is intended nor shall be construed to change the time periods for filing tort claims or actions specified by 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. 3-7.2. Claim Processing Requirements. The claim shall be in writing and include the documents necessary to substantiate the claim, including all documentation previously submitted pursuant to Section 3-6, including copies of the City’s responses to the informal claim denied pursuant to Section 3-6. Claims must be filed on or before the date of final payment. 3-7.2.1 Claims of less than $50,000. The Engineer shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the City may have against the Contractor. CHANGES IN WORK SPECIAL PROVISIONS - SECTION 3 - PAGE 11 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 If additional information is thereafter required, it shall be requested and provided pursuant to this Section 3-7, upon mutual agreement of the Engineer and the Contractor. The Engineer’s written response to the claim, as further documented, shall be submitted to the Contractor within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the Contractor in producing the additional information, whichever is greater. 3-7.2.2 Claims of $50,000 to $375,000. The Engineer shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this Section 3-7, upon mutual agreement of the Engineer and the Contractor. The 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. 3-7.3 Claim Rejection. If the Contractor disputes the Engineer’s written response, or the 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 Engineer’s response or within 15 days of the City’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 Engineer shall schedule a meet and confer conference within 30 days for settlement of the dispute. Following the meet and confer conference, if the claim or any portion remains in dispute, the Contractor may file a claim pursuant to Section 910, et seq., 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 this Section 3-7 until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. 3-7.4 Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this Section 3-7: Insofar as Section 20104.4 of the Public Contract Code prescribes that within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties, pursuant to this Section 3-7.4 the City and Contractor have agreed to waive by mutual stipulation nonbinding arbitration given the prior dispute resolution processes completed pursuant to Sections 3-6 and 3-7. The Contractor’s execution of the contract hereby indicates its express knowledge of the City’s charter powers to CHANGES IN WORK SPECIAL PROVISIONS - SECTION 3 - PAGE 12 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 otherwise implement alternative procedures to the Public Contract Code, and the Contractor’s required waiver of nonbinding mediation otherwise allowed pursuant to Section 20104.4 of the Public Contract Code. All civil actions filed pursuant to this Section 3-7 shall be resolved pursuant to the appropriate court of jurisdiction within Riverside County. In all civil actions, the City shall be responsible for its attorneys’ fees and costs, and the Contractor shall be responsible for its attorneys’ fees and costs. This Section 3-7.4 shall impose and is intended to restrict the prevailing party from receiving reimbursement of its attorneys’ fees and costs. The Contractor’s execution of the contract hereby indicates its express knowledge of the City’s charter powers to otherwise implement alternative procedures to the Public Contract Code, and the Contractor’s required payment of its attorneys’ fees and costs associated with any civil action filed with regard to the contract. ADD: 3-8 ALTERNATIVE DISPUTE RESOLUTION PROCESS. The provisions of this Section 3-8, “Alternative Dispute Resolution Process,” shall only apply to those disputes where the City, in its sole discretion, agrees, in writing, to submit the dispute to mandatory non-binding mediation pursuant to the process outlined herein this Section 3-8. In all disputes, the provisions of Section 3-7, “Dispute Resolution Process,” govern, unless the City has elected to pursue the Alternative Dispute Resolution Process outlined herein this Section 3-8. 3-8.1 Mandatory Non-Binding Mediation. If a dispute arises out of, or relates to this contract, or the breach thereof, and if said dispute cannot be settled through contract provisions provided for claim settlement or negotiations, the parties agree to first endeavor to settle the dispute in an amicable manner, using mandatory mediation under the Construction Industry Mediation Rules of the American Arbitration Association or any other neutral organization agreed upon before having recourse in a court of law. 3-8.1.1 Mandatory Mediation Costs. The expenses of witnesses for either side shall be paid by the party producing such witnesses. All other expenses of the mediation, including required traveling and other expenses of the mediator, and the cost of any proofs or expert advice produced at the direct request of the mediator, shall be borne equally by the parties, unless they agree otherwise. 3-8.1.2 Selection of Mediator. A single mediator that is acceptable to both parties shall be used to mediate the dispute. The mediator will be knowledgeable in construction aspects and may be selected from lists furnished by the American Arbitration Association (AAA) or any other agreed upon mediator. To initiate mediation, the initiating party shall serve a Request for Mediation on the opposing party. If the mediator is selected from a list provided by AAA, the initiating party shall concurrently file with AAA a “Request for Mediation” along with the appropriate fees; a copy of requested mediators marked in preference order, and, a preference for available dates. CHANGES IN WORK SPECIAL PROVISIONS - SECTION 3 - PAGE 13 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 If AAA is selected to coordinate the mediation (Administrator), within 10 Working Days from the receipt of the initiating party’s Request for Mediation, the opposing party shall file the following: a copy of the list of the preferred mediators listed in preference order, after striking any mediators to which they have any factual objection, and, a preference for available dates. If the parties agree not to use AAA, then a mutually agreed upon mediator, date and place for the mediation shall be agreed upon. The Administrator will appoint or the parties shall agree upon the highest, mutually preferred, Mediator from the individual parties’ lists who is available to serve within the designated time frames. 3-8.1.3 Conduct of Mediation Sessions. Mediation hearings will be conducted in an informal manner and discovery will not be allowed. The discussions, statements, or admissions will be confidential to the proceedings and will not be used for any other purpose as it relates to the party’s legal position. The parties may agree to exchange any information they deem necessary. Both parties shall have an authorized representative attend the mediation. Each representative shall have the authority to recommend entering into a settlement. Either party may have attorney(s), witnesses or expert(s) present. Either party may request a list of witnesses and notification whether attorney(s) will be present. Any resultant agreements from mediation shall be documented in writing. Mediation results and documentation, by themselves, shall be “non-binding” and inadmissible for any purpose in any legal proceeding, unless such admission is otherwise agreed upon, in writing, by both parties. Mediators shall not be subject to any subpoena or liability and their actions shall not be subject to discovery. 3-8.2 Dispute Resolution Board. If mediation is unsuccessful in settling the dispute and if both parties agree, a no mandatory dispute resolution board process may be used. The parties may impanel a Dispute Resolution Board (DRB) and the DRB process shall be conducted in accordance with the City's alternative dispute resolution process, utilizing board members who are individuals who have expertise in construction. The selection process shall be administered by the American Arbitration Association, or any other such neutral organization selected by the City, hereinafter called the "Administrator". Claims made for $60,000 or less shall be heard by 1 DRB member and claims for more than $60,000 shall be heard by 3 DRB members. To initiate the DRB procedures, the parties shall jointly execute and file a "Submission to Dispute Resolution Board Procedures" request with the Administrator. Upon receipt by the Administrator of the submission form, the Administrator shall furnish to the parties a list of individuals skilled in dispute resolution and having expertise in construction from which to select the Dispute Resolution Board. Within 10 Working Days from the date the list is sent to the parties, the parties shall return the list to the Administrator, striking any individuals to which the parties have any factual objections and numbering the remaining CHANGES IN WORK SPECIAL PROVISIONS - SECTION 3 - PAGE 14 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 in preference order. The Administrator shall appoint the highest mutually preferred individuals to the DRB that are available to serve in the time frame designated above. 3-8.2.1 Dispute Resolution Board Costs. The costs for DRB hearings and proceedings, which include those of either the 1 person or 3 person boards hearing the dispute, will be shared equally by both parties. Fees shall be jointly negotiated by both parties directly with the DRB Administrator. 3-8.2.2 Conduct of Dispute Resolution Board Hearings. DRB hearings shall be informal and discovery shall not be permitted. The parties may agree to exchange any information they deem necessary. Each party shall have a maximum of 2 hours for presentation, unless otherwise agreed upon. Outside experts, including attorneys, may address their specialty if the opposing party is notified in advance. Each party will be given full opportunity to present its views and supporting information, including documents, drawings, or other pertinent material. All such evidence and displays shall be considered confidential and shall be retained by the presenting party. Discussions or admissions during DRB discussions shall be considered as part of privileged settlement discussions, without prejudice to any party's legal position. Any resultant agreements from a DRB Hearing shall be documented, in writing, by both parties. The DRB results and documentation, by themselves, shall be non-binding and inadmissible for any purpose in any legal proceeding, unless such admission is otherwise agreed upon, in writing, by both parties. DRB members shall not be subject to any subpoena or liability and their actions shall not be subject to discovery. Within 10 Working Days after the hearing, the DRB will make its recommendation, in writing, for resolution of the dispute to all parties. The DRB will strive for consensus and unanimity in its decision making. If such is unattainable, however, separate written recommendations may be made as majority or minority reports. - END OF SECTION - CONTROL OF MATERIALS SPECIAL PROVISIONS - SECTION 4 - PAGE 1 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 SECTION 4 – CONTROL OF MATERIALS 4-1.3.2 Inspection of Material Not Locally Produced. ADD the following paragraph: When required by the Special Provisions or as noted on the Plans, the Engineer may elect to perform inspection of an out-of-town manufacturer. The Contractor shall incur all inspection costs. These costs shall include travel expenses, a per diem allowance for lodging, meals, and car rental per day. If the manufacturing plant operates a double shift, a double shift shall be figured in the inspection costs. At the option of the Engineer, full time inspection will continue for the length of the manufacturing period. If the manufacturing period will exceed 3 consecutive weeks, the expenses of the Engineer's supervisor will be included in the figures for one 2-day trip to the site per month. Inspection costs paid by the Contractor will not include the wages of the Engineer and their supervisor if employed by the City, when required by the Special Provisions or as shown on Plans. ADD: 4-1.3.4 Inspection Paid For By the Contractor. The Contractor shall employ and pay for the services of a qualified inspection agency to perform any specialty inspection services required by the Contract Documents. If no Bid item is provided, payment shall be included in various Bid items. ADD: 4-1.3.4 Special Inspection. Certain elements of the Work may be subject to special inspection required by applicable building codes, and a building permit issued to the Engineer prior to construction (or to be issued to the Contractor) by the City’s Building Official (hereinafter “BO”). It is the Contractor’s responsibility to determine if applicable building permits have been previously issued by the Building Official for construction of any structural elements to be incorporated into the Work. Unless otherwise indicated, the Contractor shall contact the City’s Building Official prior to starting the Work to identify any requirements in obtaining building permits that may be required for the Work. Special inspection and testing shall be provided by the City. Special Inspectors provided by the City will be certified by the BO to perform the functions of a Special Inspector, and the Contractor shall comply with all direction given by a Special Inspector as if given by the BO. The Contractor shall accommodate the Special Inspectors acting on behalf of the BO as follows: i. Observe Work: The Special Inspector shall observe the Work for conformance with the BO’s approved design Drawings and Specifications. Shop Drawings, Working Drawings, or both may be used only as an aid to inspection. Special Inspections are to be performed on a continuous basis, meaning that the Special Inspector is on site at all times observing the Work requiring Special Inspection. CONTROL OF MATERIALS SPECIAL PROVISIONS - SECTION 4 - PAGE 2 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 ii. Periodic inspections, if any, shall have prior approval by the BO based on a separate written plan prepared by the Contractor and reviewed and approved by the BO and the Engineer. iii. The Special Inspector shall bring nonconforming items to the immediate attention of the Contractor and note all such items in the daily report. If any item is not resolved in a timely manner or is about to be incorporated in the Work the Special Inspector will immediately notify the BO, notify the Engineer, and post a discrepancy notice. iv. Furnish Daily Reports: Special Inspectors will complete and sign both the Special Inspection record and the daily report form for each daily inspection to remain at the Site with the Contractor for review by the Engineer and BO. v. The Special Inspector or inspection agency shall furnish weekly reports of tests and inspections directly to the Engineer, BO and others as designated on the plans, permits or herein. These reports shall include the following: 1. Description of daily inspections and tests made with applicable locations; 2. Listing of all nonconforming items; 3. Report on how nonconforming items were resolved or unresolved as applicable; 4. Itemized changes authorized by the Engineer and BO if not included in nonconformance items. vi. The Special Inspector will submit a final signed report to the Engineer and BO stating that Work requiring Special Inspection and testing were inspected, tested and reported, and to the best of Special Inspector’s knowledge, is in conformance with the approved drawings and Contract Documents, approved revisions and the applicable workmanship provisions of the building codes whichever is in effect on the permitted Plans. Items not in conformance, unresolved items or any discrepancies in inspection coverage (i.e., missed inspections, periodic inspections when continuous was required, etc.) will be specifically itemized in this report. Final inspection of the structure will not be scheduled until the final report for all Work items requiring Special Inspection have been reviewed and approved by the Engineer and BO. The Contractor shall be responsible for the following coordination of Special Inspections provided by the City’s Special Inspectors: i. The Contractor shall notify the Special Inspector prior to performing any item of Work that requires Special Inspection and shall review the Contract Documents and perform any necessary preparatory Work at the Site. ii. The Contractor is responsible for providing the Special Inspector access to approved Drawings and Specifications at the Project’s Site. iii. The Contractor shall be responsible for retaining at the Site all Special Inspection records submitted by the Special Inspector and providing these records for review by the Engineer upon request. CONTROL OF MATERIALS SPECIAL PROVISIONS - SECTION 4 - PAGE 3 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 iv. The Contractor shall not perform any items of Work that requires Special Inspection without the presence of the Special Inspector during the performance of that Work. Work requiring continuous inspection performed without Special Inspection shall be subject to removal. v. Upon completion of task requiring Special Inspection, the Contractor shall submit to the Engineer all Special Inspection reports that certify that the Work requiring Special Inspection has been completed in accordance with the Contract Documents and the applicable building codes and approved by the BO. 4-1.6 TRADE NAMES OR EQUALS. DELETE in its entirety and SUBSTITUTE the following: In accordance with California Public Contract Code § 3400(b), and as specified herein this Section 4-1.6, the Contractor shall submit its list of proposed substitutions for “an equal” (“or equal”) item within 20 days after award of the contract. If an offered substitution by the Contractor for the trade names specified in the Contract necessitates changes to, or coordination with, other items of the Work, the information submitted shall include details showing such changes. The Contractor shall perform these changes as part of the substitution of material or equipment and at no additional cost to the City. The lack of action on the Engineer’s side by taking no exceptions to the proposed substitution shall not relieve the Contractor from responsibility for the efficiency, sufficiency, quality, and performance of the substitute material or equipment, in the same manner and degree as the material and equipment specified by name. Whenever materials or equipment are indicated in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the naming of the item is intended to establish the type, function, and quality required. Unless stated otherwise, materials or equipment of other Suppliers may be accepted if sufficient information is submitted to the Engineer for review to determine whether the material or equipment proposed is equivalent or equal to that named. Request for approvals of “or equal” items prior to Bid Opening will not be considered. Bidders are responsible to ensure their Bid includes the price required for the item as specified, and assumes all risk in including a price for an “or equal” item that is not approved by the Engineer, and any additional cost associated with furnishing and installing the item as specified in the specifications or plans. The Contractor may bring forward a substitution proposal for an “or equal” item provided the request and supporting documentation is submitted within 20 days of contract award. The following information shall be included with any substitution request: 1. Whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents to adopt the design to the proposed substitute. CONTROL OF MATERIALS SPECIAL PROVISIONS - SECTION 4 - PAGE 4 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 2. Whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. 3. All variations of the proposed substitute from the items originally specified will be identified. 4. Available maintenance, repair, and replacement service requirements. The manufacturer must have a local service agency within 50 miles of the site which maintains properly trained personnel and adequate spare parts and is able to respond and complete repairs within 24 hours. 5. Certification that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, and be similar and of equal substance to that indicated, and be suited to the same use as that specified. There is no guaranteed time frame for the Engineer’s review of the substitution requests. The Contractor is responsible to demonstrate that the type, function, and quality of any such substitute product, material or equipment is equivalent to the specified item. The Engineer shall require at the Contractor’s expense additional data about the proposed substitution he deems necessary. If the Engineer takes no exceptions to the proposed substitution, it will not relieve the Contractor from responsibility for the efficiency, sufficiency, quality, and performance of the substitute material or equipment, in the same manner and degree as the material and equipment specified by name. The lack of any action by the Engineer does not constitute acceptance of the substitution; all approved “or equal” substitutions must be approved in writing by the Engineer. Acceptance by the Engineer of a substitute item does not relieve you of the responsibility for full compliance with the Contract Documents. The Bid submittal must be based on the material and equipment specified by name in the Contract. If the proposal is rejected by the Engineer, you will not be entitled to either an extension in Contract Time, and/or an increase in the Contract Price. As applicable, no Shop Drawing or Working Drawing submittals will be made for a substitute item nor will any substitute item be ordered, installed, or utilized without the Engineer's prior written approval. You must reimburse the City for the charges of the Engineer for evaluating each proposed substitution. ADD: 4-2 PLACING ORDERS. CONTROL OF MATERIALS SPECIAL PROVISIONS - SECTION 4 - PAGE 5 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 The Contractor shall place the orders for all long lead-time supplies, materials and equipment within 3 working days after receipt of the fully executed contract from the City of Palm Springs. The Contractor shall furnish the Engineer with a statement from the vendors that the orders for said supplies, materials, and equipment has been received and accepted by said vendors within 15 working days from the date of execution of Contract. ADD: 4-3 BUY AMERICA REQUIREMENTS. Attention is directed to the “Buy America” requirements of the Title 23 United States Code, Section 313 and the regulations adopted pursuant thereto. In accordance with said law and regulations, all manufacturing processes for steel and iron materials furnished for incorporation into the work on this project shall occur in the United States; with the exception that pig iron and processed, pelletized and reduced iron ore manufactured outside of the United States may be used in the domestic manufacturing process for such steel and iron materials [60 Fed Reg. 15478 (03/24/1995)]. The processing of steel and iron materials, including smelting or other processes that alter the physical form or shape (such as rolling, extruding, machining, bending, grinding, and drilling), or alter the chemical composition shall be considered a manufacturing process subject to the “Buy America” requirements. The application of coatings, such as epoxy coating, galvanizing, painting, and any other coating that protects or enhances the value of such steel or iron materials shall be considered a manufacturing process subject to the “Buy America” requirements. A Certificate of Compliance, conforming to the provisions in Section 4-1.5, Certificates of Compliance, of the Standard Specifications, shall be furnished for steel and iron materials. The certificates, in addition to certifying that the materials comply with the specifications, shall also specifically certify that all manufacturing processes for the materials occurred in the United States, except for the exceptions allowed herein. The requirements imposed by said law and regulations do not prevent a minimal use of foreign steel and iron materials if the total combined cost of such materials used does not exceed one-tenth of one percent (0.1%) of the total contract cost or $2,500, whichever is greater. The Contractor shall furnish the Engineer acceptable documentation of the quantity and value of any foreign steel and iron prior to incorporating such materials into the work. - END OF SECTION - UTILITIES SPECIAL PROVISIONS - SECTION 5 - PAGE 1 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 SECTION 5 - UTILITIES 5-1 LOCATION. ADD the following: The City does not warrant the accuracy or completeness of the location and type of existing utilities and substructures shown on the Plans. The Contractor is responsible to accurately locate, by potholing or other suitable methods, all existing utilities such as service connections and substructures as shown on the Plans and marked out by Underground Service Alert (USA), to prevent damage to such facilities and to identify any conflicts with the proposed work. The Contractor shall fill all potholes on the same day of excavation, and, if no trenching is performed within 10 Working Days, fully restore all potholes and any damaged surrounding areas to their original condition unless otherwise allowed by the Engineer. There will be no other compensation for potholing at any specific location required by the Plans. Neither will showing some specific locations on the Plans relieve the Contractor of the responsibility to pothole as previously mentioned in this Subsection. The Contractor shall notify the Engineer, in writing, of any conflicts between existing utilities and the proposed work a minimum of 5 Working Days, and 300 feet in advance of the work to provide adequate time, and space for any changes to the work needed to avoid unforeseen conflicts. The Contractor shall perform utility location far enough in advance of the Work to provide the written notification specified in this section. The written notification shall include; date of utility location, method of utility location, type, size, and material of utility, horizontal location (to the nearest Station), depth for existing pavement or ground surface to top and bottom of utility, suspected ownership of utility, and the date on which any conflict with the utility will impact the critical path(s). For existing utilities shown on the Plans or marked out by USA, the Contractor shall not be entitled to an extension of Contract Time or compensation for delay if direction is provided by the Engineer within 5 Working Days from receipt of the Contractor’s written notification of the utility conflict. If the Engineer does not provide direction to the Contractor within the 5 Working Days, an extension of Contract Time may be granted in accordance with Section 6, beginning on the sixth Working Day after receipt of the Contractor’s written notification. 5-2 PROTECTION. ADD the following: When existing underground utilities are undercut the Contractor shall backfill for at least 12” all around the undercut utility. The backfill material shall conform to 306-1.2.1, “Bedding.” When a one-inch or smaller water service is damaged during trenching operations, repairs shall be made in accordance with applicable standards required by the Water Utility Owner. UTILITIES SPECIAL PROVISIONS - SECTION 5 - PAGE 2 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 The City may decide to perform the repairs to water and sewer mains, water services, and sewer laterals with the City Forces at the discretion of the Engineer at the Contractor’s expense. The Contractor shall notify the City at least 2 Working Days prior to start of excavation, unless, earlier notice is required by another permit or plan. 5-3 RELOCATION. ADD the following: When existing surface utilities are identified on the project plans to be adjusted to grade by others (primarily Gas and Electric), it shall be the responsibility of the contractor to coordinate with the individual utility owners for the adjustment of their surface utilities to the new pavement grade. The contractor shall be responsible for paying any and all fees that the utility owner my charge for processing or permitting related to utility adjustments. Surface utilities shall be adjusted to grade per the standards and requirements of the utility owner ADD: 5-7 Payment. Unless otherwise specified in the Contract Documents, payment for items of work related to Utilities, Utility coordination, adjustment of surface utilities by others and any fees or costs associated with utility coordination shall be included in the various items of work, and no additional compensation shall be allowed therefore. Potholing for existing utilities which are not shown on the Plans, but marked out by USA shall be as directed by the Engineer and paid for according to 3-3, “EXTRA WORK.” - END OF SECTION - PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK SPECIAL PROVISIONS - SECTION 6 - PAGE 1 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 SECTION 6 – PROSECUTION, PROGRESS, AND ACCEPTANCE OF WORK 6-1.1 Construction Schedule. ADD the following: a) Upon the request of the Contractor, the City may delay the issuance of the Notice to Proceed (NTP) up to 10 Working Days from the date of the preconstruction conference. No time extension of this delay will be allowed. b) The Contractor shall be responsible for developing, coordinating, revising, updating, and maintaining the cost loaded construction schedule (Schedule) utilizing the Critical Path Method (CPM). c) All versions of the Schedule shall be based solely on the Work as awarded, and shall exclude any substitute proposals even if the Contractor pursues a substitution in accordance with provisions of the Contract. d) The approved proposals and approved Change Orders shall be included in the Schedule updates. e) Total float is the number of days by which a part of the Work in the Schedule may be delayed from its early dates without necessarily extending the Contract Time. The Contract float is the number of days between the Contractor’s anticipated date for early completion of the Work, or specified part, and the corresponding Contract Time. Total float and Contract Time float belong to the Project and are not for the exclusive benefit of any Party. They shall be available to the City or the Contractor to accommodate changes in the Work or to mitigate the effect of events which may delay performance or completion. f) Monthly progress payments are contingent upon the submittal of an updated Schedule to the Engineer. The City may refuse to recommend the whole or part of any monthly payment if, in the Engineer ’s opinion, the Contractor’s failure, or refusal to provide the required Schedule information precludes a proper evaluation of the Contractor’s ability to complete Project within the Contract Time. g) The Schedule shall show a breakdown of Work into activities and relationships to the extent required to effectively manage the Work. The Schedule shall show the division of the Work into activities and specify the progression from the Notice to Proceed (NTP) to the end of the Contract Time. h) The Schedule shall include appropriate time allowances and constraints for submittals, items of interface with Work performed by others, and specified construction, start-up and performance tests. i) The Contractor shall include in the Schedule inclusive in the Contract Time allotted, three 3 Working Days for the City to conduct a thorough walk-through. PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK SPECIAL PROVISIONS - SECTION 6 - PAGE 2 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 j) The Contractor shall include in the Schedule inclusive in the Contract Time allotted 10 Working Days for generation of the punchlist. The Contractor shall Work diligently to complete all punchlist items within 20 Working Days after officially being provided the punchlist by the Engineer. k) If the Contractor modifies or changes the Schedule, for Change Order Work or otherwise, the Engineer shall be notified in writing with an explanation. l) Comments made by the Engineer on the Schedule during review will not relieve the Contractor from compliance with requirements of the Contract. The Engineer may request that the Contractor and major Subcontractors (defined herein as being any Subcontractor or Supplier with 5% or more of the value of the Contract) participate in review of any Schedule submission. The Schedule revisions shall be submitted within 10 Working Days after the Engineer’s review. m) The Schedule shall show work to be done by the City personnel, such as but not limited to, submittal reviews (separate tasks for each), sewer televising, water main connections, water testing, and operational performance tests as separate tasks. The Schedule shall show appropriate time allowances for Work performed by other agencies. n) If completion of any part of the Work, delivery of equipment or materials, or provision of the Contractor submittals is behind schedule and will impact the completion date of the Work, the Contractor shall submit a written recovery plan acceptable to the Engineer for completing the Work by the current Contract completion date. o) The Contractor shall not be entitled to any extension in Contract Time, or recovery for any delay incurred because of extensions in an early completion date, until all Contract float is used, performance of the Work extends beyond the corresponding Contract Time, and a recovery plan is submitted demonstrating that the delay cannot be mitigated or offset through actions such as rescheduling Work. p) Misrepresentation of actual Work durations in order to suppress available float time shall be cause for rejection of the Schedule and any revisions or updates. q) The Schedule shall include procurement related activities which lead to the delivery of permanent materials to the Site in a timely manner. Procurement activities include activities such as preparation of Shop Drawings and Working Drawings, review and acceptance of Shop Drawings and Working Drawings, materials fabrication, materials delivery, etc., as appropriate. r) The Schedule shall be reasonably balanced over the construction duration. Upon receipt, the Engineer will review the Schedule and provide comments, as appropriate, for revision by the Contractor. PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK SPECIAL PROVISIONS - SECTION 6 - PAGE 3 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 s) Each Schedule activity shall be assigned a budget. Separate Bid items shall be separate activities. The Schedule shall specify costs for each phase of the Contract. The cost value of all Schedule activities shall equal the Contract values shown in the Bid both individually and in total and include Change Orders. t) If the Engineer questions the logic of the Schedule, the Engineer may at any time request a Schedule narrative that describes the approach to the Work and the rationale used to develop the Schedule relationships and logic. u) When specified in the Contract Documents, the 90-day Plant Establishment Period is included in the stipulated Contract Time and will begin with the acceptance of the planting in accordance with the Special Provisions. v) For phased funded contracts, the Schedule shall include the Work to be completed as part of the first phase of the Phased Funding Schedule and all remaining phases. ADD: 6-1.1.1 Contracts Less Than $1,000,000 In Value. The Contractor shall provide the Schedule to the Engineer at the preconstruction meeting. At a minimum, the Schedule shall conform to the following: a) Provide a fully developed horizontal bar-chart type schedule. b) Provide a separate time bar for each significant construction activity. c) Provide a continuous vertical line to identify the first Working Day of each week. d) Within each time bar, indicate estimated completion percentage in 10% increments. As Work progresses, place a contrasting mark in each bar to indicate actual completion. e) Indicate graphically sequences necessary for completion of related portions of the Work. f) Be of sufficient size to show data for the entire Contract Time. ADD: 6-1.1.2 Contracts With More Than $1,000,000 In Value. The Contractor shall provide the Schedule to the Engineer no later than the date of the pre-construction meeting. The Contractor may provide a look-ahead schedule for the first 90 days of the Contract Time to the Engineer, prepared in accordance with 6-1, “CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK.” If the Contractor selects to provide a 90 days look-ahead schedule, the Schedule covering the full Contract Time shall be submitted and approved within 4 weeks after NTP. The Contractor shall use any scheduling product capable of producing the required information in accordance with 6-1, “CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK”, for the computerized CPM scheduling and PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK SPECIAL PROVISIONS - SECTION 6 - PAGE 4 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 monthly update reports. Electronic file submittals shall be compatible with formats used by the City. In addition to the electronic submittal of the Schedule, the Contractor shall provide hard copy tabular reports in accordance with 2-5.3, “Submittals.” The Schedule shall contain as a minimum the following information: a) The Schedule shall include the “Project Name”, City’s Project identification numbers, the Contractor’s name, address and phone number, dates of original schedule and latest revision, revision number, and Contract Time. b) The Schedule shall be of sufficient detail to assure adequate planning has been done for proper execution of the Work such that, in the sole judgment of the Engineer, it provides an appropriate basis for monitoring progress. c) The Schedule shall show the sequence, duration, both early and actual start and end dates of each activity, interdependence, critical path and percentage of completion status of all activities required for the complete performance of Work. It shall begin with the date of issuance of the NTP and include construction activities including submittal review, operation checks, final walk-through, and punchlist generation. d) The Schedule shall include the cost associated with each activity and the total cost for each phase of the Contract. The cost information shown in the Schedule will be used for schedule evaluation and budgetary forecasting purposes only, and shall not be construed as entitlement for payment. e) The graphical reports when specified or required by the Engineer shall be in a precedence diagram format, shall be plotted on a time-scaled calendar, and shall expressly identify the Contract Time, the critical path(s) and activities. f) Activities shall be shown on their early dates, with their total float noted beside them. Connections between activities whether on the same sheet or on different sheets, shall identify both predecessor and successor Work. Activity data shall include description of Work, activity costs (budget), activity duration and special codes. g) Activity data shall include description of the Work, activity duration, percent completed, and any special codes required with the following information: i. Current status of the activity. ii. Remaining duration of the activity. iii. Actual start and finish dates for the activity in progress or completed. h) The Schedule updates shall include both forecast and actual cost and schedule data. i) The sub-tasks for lump sum Bid items shown on the Schedule shall be submitted in accordance with 9-2, “LUMP SUM ITEMS.” PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK SPECIAL PROVISIONS - SECTION 6 - PAGE 5 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 j) The Schedule shall indicate the estimated person days and material quantities for each construction activity. k) For those activities started but not yet completed at the time of submittal, the updated Schedule shall reflect the percentage of costs remaining, as agreed between the Contractor and the Engineer, for an estimate of the remaining budget. 6-1.2 Commencement of Work. ADD the following: Unless specifically authorized by City in writing, the Contractor shall not begin any construction activities on the Project until CEQA (and NEPA, if applicable) review has been completed as evidenced by certification of an environmental impact report, mitigated negative declaration, negative declaration, or by issuance of an exemption, as applicable. ADD: 6-1.3 Work Outside Normal Hours. Except in connection with the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise indicated in the Contract Documents, Work at the Site shall be performed during normal working hours. Normal working hours refers to the working hours identified in the Contract Documents. The Contractor shall not work during non-normal working hours or on Saturday, Sunday, or any the City observed holiday without the Engineer's written consent. If approved, night work shall be completed at night between the hours of 7:00 P.M. - 5:00 A.M. unless otherwise specified on the Plans, in the Special Provisions, or on the traffic control permits. The Engineer will coordinate inspection staff, to the extent possible, to accommodate Project inspection requirements. If the Contractor’s request is approved, the Contractor will be responsible for reimbursing the City for all costs to provide inspection services required to monitor the Work outside of normal working hours. The Contractor shall be billed at the stipulated hourly rate to cover the City’s expenses for the inspection services and a deductive Change Order will be issued. The Contractor shall be required to obtain a noise abatement permit when such a permit is required to perform Work outside the normal working hours. Special Note: The Contractor will be required to comply with applicable mitigation measures related to noise that may be included in the City’s CEQA and/or NEPA environmental document. Any work occurring outside normal hours that may generate noise will be required to mitigate the noise to the greatest degree possible at the Contractor’s expense, as required by the Engineer. The Engineer retains the sole authority to deny any work occurring outside normal hours if in his determination such work would generate noise too disruptive to the public. ADD: 6-1.4 Phased Funding. PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK SPECIAL PROVISIONS - SECTION 6 - PAGE 6 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 6-1.4.1 General. Phase Funding is a means by which large projects, encompassing multiple tasks and taking place over an extended period of time, may be budgeted and appropriated in a multi-phase plan and contracted accordingly that maximizes the City’s use of available funds. If this contract is specified on the Contract Documents to be subject to phased funding, the phased funding requirements in these specifications shall apply. The decision to utilize phased funding shall be solely at the discretion of the City. 6-1.4.2 Pre-Award Schedule. The Pre-Award Schedule is a cost-loaded CPM schedule prepared in accordance with 6-1, “CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK” showing all activities with costs, durations, and dependencies, for the first phase of the contract. The Pre-Award Schedule shall be used as a basis for the first Phased Funding Schedule Agreement which will be developed by the City. For phased funded contracts, the City typically secures enough funds for the first 90 days of the contract prior to award. Within 10 Working Days after Bid opening date the Apparent Low Bidder shall contact the Project Manager to discuss fund availability and the duration of the first phase and submit the Pre-Award Schedule to the City for approval and preparation of the first Phased Funding Schedule Agreement. If the Bid submitted by the Apparent Low Bidder is rejected by the City for any reason, then within 5 Working Days after receiving notice, the next Apparent Low Bidder shall provide the Pre-Award Schedule. This process shall continue until the City has selected the lowest responsible and reliable Bidder or has decided to reject all Bids. The Contractor shall coordinate the estimated construction start date with the City’s Project Manager. Upon receipt, the Project Manager will review the Pre-Award Schedule and provide comments, as appropriate, for revision by the Contractor. The Project Manager may require backup documentation and calculations to justify schedules. 6-1.4.3 First Phased Funding Schedule Agreement. The first Phased Funding Schedule Agreement shall show the fund availability for the first phase. Within 22 Working Days from the date of the Bid Opening or notice to the next Apparent Low Bidder (whichever occurs last) and once a Pre-Award Schedule is accepted by the City, the City will present the first Phased Funding Schedule Agreement to the Contractor that is selected as the lowest responsible Bidder as defined in the Palm Springs Municipal Code. At the Project Manager’s request, the Contractor shall meet with the Project Manager before execution of the first Phased Funding Schedule Agreement to discuss the Project Manager’s comments and requests for revision to the Pre-Award Schedule. Failure by the Contractor to perform the following may result in the Bid being rejected as non-responsive: a) meet with the Project Manager, if requested to do so, to discuss and PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK SPECIAL PROVISIONS - SECTION 6 - PAGE 7 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 respond to the City comments regarding the Pre-Award Schedule, b) revise the Pre- Award Schedule as requested by the City within the specified 22 Working Days timeframe, or c) execute the first Phased Funding Schedule Agreement within a day after receipt. Once executed by both parties, the first Phased Funding Schedule Agreement shall become part of the Contract Documents. The first Phased Funding Schedule Agreement Form is included in the Bidding Documents. The City reserves the right to award the first phase with duration of fewer than 90 Working Days. 6-1.4.4 Final Phased Funding Schedule Agreement. After Award the Contractor’s approved Schedule shall serve as the basis for the final Phased Funding Schedule Agreement, which includes the total contract amount and all phases. The City and Contractor may mutually agree to revise the first phase; however, the total funds allocated as part of the previously approved Pre-Award Schedule shall not be exceeded. The final Phased Funding Schedule Agreement shall define payment limitations and the respective obligations of the parties in accordance with 9-3.7, “Phased Funding Compensation.” ADD: 6-1.5 Contract Time Extensions. The Contract Time shall not be modified except by Change Order. The Contractor shall immediately submit to the City a written request for a Change Order to modify the Contract Time, but in no event later than 24 hours after the occurrence and discovery of the event(s) giving rise to the request. The Contractor shall include in its request a general description of the basis for and the estimated length of any extension and submit supporting data. Any City approval of a request shall be contingent upon the Contractor’s submission of a written statement that the Contract Time extension reflects the entire extension to which the Contractor is entitled as a result of the occurrence of the event(s). The City will not grant an extension in Contract Time unless the Contractor demonstrates through an analysis of the critical path that: 1) the increases in the time to perform all or part of the Project, beyond the Contract Time, arise from unforeseeable causes beyond the control and without the fault or negligence of the Contractor, their agents, officers, and/or employees; and 2) the causes actually rendered performance of all or part of the Project beyond the corresponding Contract Time, despite the Contractor’s reasonable and diligent actions to avoid the extension. Delays attributable to and within the control of the Contractor’s Subcontractors shall be deemed to be delays within the control of the Contractor. The City will not allow time extensions for these delays. The City will issue a periodic (usually weekly or monthly) document that will stipulate the Contract Time. If the Contractor does not agree with this document, the Contractor shall within 15 days after receipt of the statement submit to the City for review a written protest supporting the Contractor’s objections to the document. The Contractor’s failure to file a PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK SPECIAL PROVISIONS - SECTION 6 - PAGE 8 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 timely protest shall constitute the Contractor’s acceptance of the City’s weekly document. If the Contractor’s protest is considered to be a claim for time extension, it shall be subject to 3-7, “Claims.” The Contractor shall be fully responsible for any delays arising from the Contractor’s design of the Project when engineering services are included in the Work. ADD: 6-1.6 Excusable Delays. To the extent any of the following events results in an actual delay in the Work affecting Work activities on the critical path, such shall constitute an “Excusable Delay”, to the extent not set forth below, a delay will be considered an “Inexcusable Delay”: a) Failure or inability of the City to make available any portion or the entire Site in accordance with the requirements of the Schedule. b) Failure or inability of the City or the Contractor to obtain necessary zoning changes, variances, code changes, permits or approvals from any governmental authority, or failure to obtain any street or alley vacations required for the performance of the Work, except to the extent due to the fault or neglect of the Contractor as determined by the City. c) Delays resulting from the acts or omissions of Separate Contractors, except to the extent Separate Contractors perform their work properly and in accordance with the Schedule. d) Delays resulting from Force Majeure. e) Differing, unusual or concealed site conditions that could not reasonably have been anticipated by the Contractor in preparing the Schedule. f) Delays resulting from the existence or discovery of hazardous materials or waste on the Site not brought to the Site by the Contractor. g) Delays resulting from changes in Applicable Laws occurring after the date of execution of this contract; h) Delays occurring due to the acts or omissions of the City and those within the control of the City. i) Delays resulting from the City-mandated suspensions of Work. ADD: 6-1.7 Payment. Payment for the Construction Schedule shall be included in the various Bid items unless a Bid item has been provided. 6-4 DEFAULT BY THE CONTRACTOR. DELETE the first paragraph in its entirety and SUBSTITUTE the following: PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK SPECIAL PROVISIONS - SECTION 6 - PAGE 9 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 If one or more of the following events occur prior to acceptance of the Work, the Contractor shall be considered in default of the Contract: a) becomes insolvent, assigns its assets for the benefit of its creditors, is unable to pay debts as they become due, or is otherwise financially unable to complete the Work; b) abandons the Work by failing to report to the Work Site and diligently prosecute the Work; c) disregards or violates provisions of the Contract Documents or City’s instructions; d) fails to prosecute the Work according to the approved schedule without excusable delays in conformance with 6-6, “DELAYS AND EXTENSIONS OF TIME;” e) disregards Laws or Regulations of any public body having jurisdiction; f) commits continuous or repeated violations of approved or legislated safety requirements; or g) failure to notify the Engineer upon discovery of items of Native American, Archaeological, or Paleontological interests. Notices under this section shall be in accordance with 2-1.1.3, “Special Notices.” The City will notify the Contractor and the Surety of the City’s intent to find the Contractor in default. If Contractor fails to commence satisfactory correction of a default within 5 Working Days after receipt of a notice to cure, or to diligently continue satisfactory and timely correction of the default thereafter, then the City: a) may terminate the Contractor’s right to perform under this Agreement by issuing a default notification to the Contractor and its Surety, b) may use any materials, equipment, tools or other facilities furnished by the Contractor to complete the Contractor’s work without any further compensation to the Contractor for such use, and c) may furnish those materials, equipment, tools and other facilities to others to the extent the City deems necessary to maintain the orderly progress of the Work. The Contractor shall be entitled to no further payment until the remaining portion of the Work has been completed. The Contractor will be paid the actual amount due based on Contract Unit Prices or lump sum Bid and the quantity of the Work completed at the time of default, less damages caused to the City by acts of the Contractor. PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK SPECIAL PROVISIONS - SECTION 6 - PAGE 10 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 Costs incurred by the City in performing the Contractor’s work, plus a markup of 15% on those costs for overhead, shall be deducted from any money due or to become due to the Contractor. The Contractor shall pay to the City any amount by which those costs and markup exceed the unpaid balance of the Contract Price. Upon receipt of the Notice of Termination for Default, the Surety shall immediately takeover and assume the control of and perform the Work as the successor to the Contractor. The Surety shall assume all rights, obligations, and liabilities, including liquidated damages that have accrued under the Contract. The Surety shall maintain the Site and all of its safety controls. If the Surety fails to maintain the Site, the City may correct unsafe conditions and charge the Surety for all costs incurred. When the Surety assumes any part of the Work, it shall take the Contractor’s place in all respects for that part, and will be paid by the City for Work performed by it in accordance with the Contract. When the Surety assumes the entire Contract, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Contract. Within 15 Working Days of the notice of Termination for Default, the Surety shall provide a written plan detailing the course of action it intends to take to remedy the default. The City will review and notify the Surety if the plan is satisfactory. If the Surety fails to submit the plan or to maintain progress on the plan once it’s been approved by the City, the City may exclude the Surety from the premises. The City may then take possession of all material and equipment and complete the Work by the City forces, by letting the unfinished Work to another Contractor, or by a combination of such methods. In any event, the cost of completing the Work shall be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the City. If the amounts due under the Contract are insufficient for completion, the Contractor or Surety shall pay to the City within 30 days after the City submits an invoice for all costs in excess of the remaining Contract Price. The provisions of this subsection shall be in addition to all other rights and remedies available to the City under law. 6-5 TERMINATION OF THE CONTRACT FOR CONVENIENCE. Delete the last two paragraphs. ADD: 6-5.1 Termination of the Contractor’s Performance of Work. The City may terminate, subject to the express terms and conditions set forth below, the Contractor's performance of Work under this contract, in whole or, from time to time, in part, if the City Council does not appropriate sufficient monies to fund the Contract. The Engineer will terminate, on behalf of the City, by delivering to the Contractor a Notice of Termination specifying the extent of termination and the effective date. PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK SPECIAL PROVISIONS - SECTION 6 - PAGE 11 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 ADD: 6-5.2 Notice of Termination. Notice of Termination is from City to the Contractor terminating the Contract in accordance with 6-5, “TERMINATION OF THE CONTRACT FOR CONVENIENCE.” After receipt of the Notice of Termination, and except as otherwise directed by the Engineer, the Contractor shall immediately proceed as follows: a) Stop Work immediately or in accordance with the Notice of Termination. b) Immediately place no further subcontracts for materials, services, or facilities, except as necessary to complete any authorized continued portion of the Contract. c) Immediately terminate all subcontracts to the extent that they relate to the Work terminated; d) With approval by the Engineer, settle all outstanding obligations arising from the termination of subcontracts; the approval of which will be final for purposes of this section. e) As directed by the Engineer, transfer the title and deliver to the City, completed or partially completed drawings, plans, calculations, specifications and any other documents and records that, if the Contract had been completed, would be required to be furnished to the City. f) Complete performance of the Work not terminated. g) Take all necessary steps and actions to minimize all costs to the City as a result of the termination. h) Take any action that may be necessary, or that the Engineer may direct, for the protection and preservation of the property related to this contract that is in the possession of the Contractor and in which the City has or may acquire an interest. ADD: 6-5.3 Termination Settlement. After termination, the Contractor shall submit a final termination settlement proposal to the Engineer in the form and with the certification prescribed by the Engineer. The Contractor shall submit the proposal promptly, but no later than 3 months from the effective date of termination, unless extended, in writing, by the Engineer upon written request of the Contractor within this 3 month period. If the Engineer determines that the facts justify it, a termination settlement proposal may be received and acted on after 3 months or any extension. If the Contractor fails to submit the proposal within the time allowed, the City may, in good faith, determine, on the basis of information available, the fair and reasonable amount, if any, due the Contractor as a result of the termination and pay the amount determined. If the Contractor does not agree that the amount determined by the Engineer is fair and reasonable and if the Contractor gives notice of such disagreement to the City in accordance with this subsection, within PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK SPECIAL PROVISIONS - SECTION 6 - PAGE 12 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 30 days of receipt of payment, then the amount due shall be as later determined by arbitration, if the City and the Contractor agree thereto, or as fixed in a court of law. ADD: 6-5.4 Payment to the Contractor Due to Termination. Subject to 6-5.3, “Termination Settlement” the Contractor and the Engineer may agree upon the whole or any part of the amount to be paid because of the termination. The amount may include a reasonable allowance for profit on work done. The agreed amount, whether in accordance with this subsection or 6-5.5, “Failure to Agree on Payment,” exclusive of costs shown in 6-5.5, “Failure to Agree on Payment,” subparagraph C, may not exceed the total dollar amount authorized by the City as reduced by (1) the amount of payments previously made; and (2) the Contract Price of work not terminated. The contract shall be amended, and the Contractor paid the agreed amount. Subsection 6-5.5, “Failure to Agree on Payment,” shall not limit, restrict, or affect the amount that may be agreed upon to be paid in accordance with this subsection. ADD: 6-5.5 Failure to Agree on Payment. If the Contractor and the City fail to agree on the whole amount to be paid because of the termination of Work, the City will pay the Contractor the fair and reasonable amounts determined in good faith by the City as follows, but without duplication of any amounts agreed on in accordance with 6-5.4, “Payment to Contractor Due to Termination” above: a) The Contract Price for completed services accepted by the City not previously paid for adjusted for any saving of freight and other charges. b) The total of: i. The costs incurred in the performance of the Work terminated, including initial costs and preparatory expense allocable thereto, but excluding any costs attributable to services paid or to be paid in accordance with 6-5.6, “Failure to Agree on Payment”; ii. The fair and reasonable cost of settling and paying termination settlement proposals under terminated subcontracts that are properly chargeable to the terminated portion of the Contract if not included in subdivision “a”, above; iii. A sum, as provided in subdivision “a”, above, determined by the Engineer to be fair and reasonable under the circumstances; however, if it appears that the Contractor would have sustained a loss on the entire contract, had it been completed, the City will allow no profit and shall reduce the settlement to reflect the indicated rate of loss. iv. The reasonable costs of settlement of the Work terminated, including: a. Accounting, legal, clerical, and other expenses reasonably necessary for the preparation of termination of settlement proposals and supporting data; PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK SPECIAL PROVISIONS - SECTION 6 - PAGE 13 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 b. The termination and settlement of subcontracts (excluding the amounts of such settlements); and c. Storage, transportation, and other costs incurred, reasonably necessary for the preservation, protection, or disposition of property in which the City has or may acquire an interest. ADD: 6-5.6 Payment for Property Destroyed, Lost, Stolen, or Damaged. Except to the extent that the City expressly assumed the risk of loss, the Engineer shall exclude from the amounts payable to the Contractor in accordance with 6-5.5, “Failure to Agree on Payment”, the fair value, as determined by the Engineer, of property that is destroyed, lost, stolen, or damaged so as to become undeliverable to the City. ADD: 6-5.7 Determination of Amount Due the Contractor. In arriving at the amount due the Contractor in accordance with this section, there shall be deducted: a) all un-liquidated advance or other payments to the Contractor under the terminated portion of this contract; b) any claim which the City has against the Contractor under this contract; and c) the agreed price for or the proceeds of sale of materials, supplies, or other things acquired by the Contractor or sold under the provisions of this section and not recovered by or credited to the City. ADD: 6-5.8 Partial Termination. If the termination is partial, the Contractor may file a proposal with the Engineer for an equitable adjustment of the price(s) of the continued portion of the Contract. The City will make any equitable adjustment agreed upon. Any proposal by the Contractor for an equitable adjustment under this section shall be requested within 90 days from the effective date of termination, unless extended, in writing, by the Engineer. ADD: 6-5.9 Partial Termination Payments. The City may, under the terms and conditions it prescribes, make partial payments and payments against costs incurred by the Contractor for the terminated portion of the Contract if the Engineer believes the total of these payments will not exceed the amount to which the Contractor will be entitled. If the total payments exceed amounts finally determined to be due, the Contractor shall repay the excess to the City upon demand, together with interest. Interest shall be at a rate of 6% per annum compounded daily and shall be computed for the period from the date the excess payment is received by the Contractor to the date the excess is repaid. Interest shall not be charged on any excess payment due to a reduction in the Contractor's termination settlement proposal because of retention or disposition, or a later date determined by the Engineer because of the circumstances. PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK SPECIAL PROVISIONS - SECTION 6 - PAGE 14 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 ADD: 6-5.10 Records and Documents Relating to Termination. Unless otherwise provided in the Contract or by statute, the Contractor shall maintain all records and documents relating to the terminated portion of this contract for 3 years after final settlement. This includes all books and other evidence bearing on the Contractor's costs, expenses, and settlement under this contract. The Contractor shall make these records and documents available to the City, at the Contractor's office, at all reasonable times, without any direct charge. If approved by the Engineer, photographs, microphotographs, and other authentic reproductions may be maintained instead of original records and documents. ADD: 6-5.11 Rights of the City Preserved. Where the Contract has been terminated by the City in accordance with 6-5, “TERMINATION OF THE CONTRACT FOR CONVENIENCE,” the termination will not affect any rights or remedies of the City against the Contractor then existing or which may thereafter accrue. Any retention or payment of monies paid to the Contractor by the City shall not release the Contractor from liability. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.1 General. ADD the following: Whenever the Contractor foresees any delay in the prosecution of the Work, and in any event immediately upon the occurrence of any delay which the Contractor regards as unavoidable, the Contractor shall notify the Engineer, in writing, of the probability of the occurrence of such delay and its cause. It will be assumed that any and all delays which have occurred in the prosecution and completion of the work have been avoidable delays, except such delays as shall have been called to the attention of the Engineer at the time of their occurrence and found by him to have been unavoidable. The Contractor shall make no claims that any delay not called to the attention of the Engineer at the time of its occurrence has been an unavoidable delay. ADD: 6-6.1.1 Damages Caused By Act Of God. As provided in § 7105 of the California Public Contract Code, if this contract is not financed by revenue bonds, the Contractor shall not be responsible for the cost of repairing or restoring damage to the Project when damage was proximately caused by an Act of God, in excess of 5% of the Contract Price if: a) the Project damaged was built in accordance with the Contract requirements, and b) there are no insurance requirements in the Contract for the damages. ADD: 6-6.3.1 City Right to Stop Work. The City, may, at any time and without cause, suspend the Project or any portion thereof for a period of not more than 90 days by PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK SPECIAL PROVISIONS - SECTION 6 - PAGE 15 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 written notice to the Contractor. The Contractor shall resume the Project on receipt from the City of a notice of resumption of Work. The City reserves the right to shut down any trenching operation if the Contractor is not proceeding within a reasonable period of time to restore the pavement and clean up after himself. A reasonable period of time is considered to be 5 Working Days after backfilling any trench excavated in public streets. The period of time allowed will be determined by the Engineer and is not subject to dispute by the Contractor. ADD: 6-6.5 Contract Time Extension and Schedule Analysis. A claim for extension in Contract Time will not be granted unless the Contractor can demonstrate through a Critical Path Method (CPM) analysis of the Schedule’s critical path(s) that the increases in the time to perform or complete the Work, or specified part of the Work, beyond the corresponding Contract Time(s) arise from unforeseeable causes beyond the control and without the fault or negligence of the Contractor, and that such causes in fact lead to performance or completion of the Work, or specified part in question, beyond the corresponding Contract Time, despite the Contractor's reasonable and diligent actions to guard against those effects. Fragnet is a group of schedule network activities representing a delay or change event. The Schedule analysis shall use delay fragnets to show the impact of the Work that is the basis of the Claim on specific impacted critical path Schedule activities. Where the Contractor is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay to a "critical path" activity beyond the control of both the City and the Contractor, an extension of the Contract Times (or Milestones) in an amount equal to the time lost on the critical path of the Project due to such delay shall be the Contractor’s sole and exclusive remedy for such delay. The City may elect, at its sole discretion, to grant an extension in Contract Time, without the Contractor’s request, because of delays or other factors. ADD: 6-6.6 The City Not Liable. In no event shall the City be liable to the Contractor or other parties for damages arising out of or resulting from (i) delays caused by or within the control of the Contractor, or (ii) delays beyond the control of both parties e.g., fires, floods, epidemics, abnormal weather conditions, acts of God, war, or terrorist attack, closure of the City facilities mandated by State or Federal agencies, or acts or neglect by utility owners or other contractors performing other work as contemplated by Section 7, “RESPONSIBILITIES OF THE CONTRACTOR. ADD: 6-6.7 Event of Force Majeure (Event). Any party to this contract may be excused for any delay or failure to perform its duties and obligations except for obligations to pay money, caused by and to the extent that such failure or delay is caused by an Event. If an Event causes a delay or failure in performance of only a portion of the obligations of a Party, then only that portion of performance which was delayed or prevented by such PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK SPECIAL PROVISIONS - SECTION 6 - PAGE 16 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 cause shall be deemed excused. Performance of all other obligations of a Party shall not be excused by an Event. Any delay or failure to perform shall only excuse the Party for a period no longer than the delay or failure in performance caused by such Event. The Contractor shall not be entitled to damages or additional payment for any delay caused by an Event. 6-7 TIME OF COMPLETION. 6-7.1 General. DELETE in its entirety and SUBSTITUTE the following: Particular attention is directed to the provisions of Section 6-1, "Construction Schedule and Commencement of Work," Section 6-7, "Time of Completion," and Section 6-9, "Liquidated Damages" of the Standard Specifications. After the Contract has been approved by the City, and a written Notice to Proceed has been issued to the Contractor, the Contractor shall start the Work within 10 working days after the date specified in said Notice to Proceed. Said Work shall be diligently prosecuted to completion before the expiration of: 45 WORKING DAYS from the date specified in the Notice to Proceed issued by the City. Said time of completion does not include time associated with ordering long lead-time items. Contractor shall refer to Section 4-2 of these Special Provisions for requirements associated with ordering long lead-time items. In accordance with Section 6-9, “Liquidated Damages,” and as set forth in the Agreement, the Contractor shall pay to the City as liquidated damages the sum set forth in the Agreement per day for each and every calendar day’s delay in finishing the Work in excess of the number of working days prescribed above. The following shall be included in the stipulated Contract Time: Any number of Working Days required for walk through and preparation and completion of Punchlist items specified in 6-1, “Construction Schedule and Commencement of the Work.” If the Contract Documents require the Contractor to prepare engineered Traffic Control Plans (TCP) prior to the issuance of the NTP, the Contractor is entitled to an additional 20 Working Days to prepare and obtain approval of the TCP. These 20 Working Days include time for preparation of the TCP and the City’s review. If the Contractor chooses to exercise this right, the Contractor shall inform the Engineer at the Pre-Construction meeting. In no event shall the NTP be issued more than 20 Working Days from the Pre- Construction meeting. PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK SPECIAL PROVISIONS - SECTION 6 - PAGE 17 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 The Contractor may choose at any time after the Pre-Construction meeting to request the Engineer’s approval to start Work in other areas that do not require engineered TCP. In this case, the Contractor shall forfeit the 20 Working Days to prepare the engineered TCP, and the NTP will be issued. The engineered TCP shall be done concurrently and no additional time will be granted. 6-7.2 Working Days. DELETE in its entirety and SUBSTITUTE the following: A working day is any day within the period between the date of the start of the Contract time as specified in Section 6-1 and the date of field acceptance of the Work by the Engineer, other than: 1. Saturday, 2. Sunday, 3. Any day designated as a holiday by the City, 4. Any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor association, 5. Any day the Contractor is prevented from working at the beginning of the workday for cause as specified in Section 6-6.1, or 6. Any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as specified in Section 6-6.1. 6-7.3 Contract Time Accounting. After the Second sentence ADD the following: The Engineer’s periodic report for Contract Time accounting will be issued at least once a month. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. DELETE second paragraph in its entirety and SUBSTITUTE the following: The Contractor’s obligation to perform and complete the Work in accordance with the Contract shall be absolute. Neither any payment by the City to the Contractor, nor any use or occupancy of the Work or any part thereof by the City, nor any review of a Shop Drawings and Working Drawing or sample submittal, will constitute an acceptance of Work or any portion of it. If the Engineer finds materials, equipment, or workmanship which does not meet the terms of the Contract, the Engineer will prepare a Punchlist and submit it to the Contractor. If, in the Engineer’s judgment, the Work has been completed, the Engineer will file a NOC with the County Recorder. ADD: 6-8.1 Defective Work. If the Work, or any part thereof, is found to be defective, whether or not manufactured, fabricated, installed, completed or overlooked and accepted by the City, the Contractor shall, promptly and in accordance with the written instructions of the City e.g., a “punchlist” and within the reasonable time limits stated PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK SPECIAL PROVISIONS - SECTION 6 - PAGE 18 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 therein, either correct such defective Work, or, if it has been rejected by the City, remove it from the Site and replace it with non-defective and conforming Work. If, upon notice, the Contractor fails to immediately correct the Defective Work, or the Contractor fails to correct the Defective Work in a manner conforming to the Contract Documents, the City may order the Contractor to stop all or part of the Project; however, the City’s right to stop the Project shall not give rise to any duty on the part of the City to stop Work for the benefit of the Contractor or any other party. The Contractor shall bear all direct and indirect costs and damages that result from the City’s stop work notice. The City may determine in its sole discretion to accept Defective Work in lieu of requiring the Contractor to correct or remove and replace the Defective Work. However, the Contractor shall bear all direct and indirect costs of the Defective Work, and the diminished value to the Project, as determined by the City evaluation. If the City’s acceptance of Defective Work occurs prior to Final Payment, the City will issue a Change Order incorporating the necessary revisions in the Contract Documents with respect to the Defective Work and affording the City the appropriate decrease in the Contract Price. If the Contractor fails to correct, remove, or replace Defective Work within 5 Working Days from the date of written notice from the City, the City may proceed expeditiously with any correction of Defective Work undertaken in accordance with this section. The City may remedy at a sooner time in the event of an emergency. The City may remedy after 5 Working Days from the date of written notice when the Contractor fails to correct the Defective Work in accordance with the Contract Documents, or when the Contractor fails to comply with any other provision of the Contract Documents. When undertaking remedial action under this section, the City may: exclude the Contractor from all or part of the Site; take possession of all or part of the Work, and suspend the Contractor's Work and or Services related thereto; and incorporate into the Project all materials and equipment stored at the Site or for which the City has paid but the Contractor has stored elsewhere. The Contractor shall pay for any claims, costs, losses, and damages incurred by the City in remedying any deficiency e.g., all costs of repair or replacement of Defective Work and all costs of repair of any other Work on the Project destroyed or damaged by correction, removal, or replacement of the Contractor's Defective Work. The Contractor shall not be allowed an extension of the Contract Time or Milestones because of any delay in the performance of the Project attributable to the City’s undertaking remedial action to correct Defective Work. For Building Projects which require a certificate of occupancy, not including sewer and water facilities, if the Contractor fails to correct the defective work listed on the City’s “punchlist” within 45 days after the Contract duration, the Contractor shall be responsible for reimbursing the City for all costs to provide inspection services required to monitor PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK SPECIAL PROVISIONS - SECTION 6 - PAGE 19 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 Work beyond the 45 days. The Contractor shall be billed for this at the Contract Liquidated Damages rate. ADD: 6-8.2 Warranties. As a precedent to final inspection, required by the Contract Documents, the Contractor shall deliver to the City all the manufacturers' warranties required by the Contract Documents, with the City named as beneficiary. For all equipment and machinery bearing a manufacturer's warranty that extends for a longer period of time than the Contractor's warranty, the Contractor shall secure and deliver the warranties to the City in the same manner. The Contractor’s warranty shall be in addition to the manufacturers’ and suppliers’ standard warranties, special warranties, or special warranties of longer durations as may be required. If the Contractor completes the Project or portions thereof prior to the time the NOC are issued, the Contractor shall preserve equipment by developing and implementing a preventive maintenance program in compliance with manufacturer's recommendations. 6-8.2.1 Format Requirements. a) Written warranties, except manufacturer's standard printed warranties, shall be on the Contractor’s and its agents’, material suppliers’, installers’, or manufacturers’ own letterhead, addressed to and for the benefit of the City. Warranties shall be submitted in the format described in this section, modified as approved by City to suit the conditions pertaining to the warranty. b) The Contractor shall obtain warranties, executed in triplicate by responsible Subcontractors, suppliers, and manufacturers, within 10 days after completion of the applicable item of Work. Except for items put into use with City’s permission with date mutually agreed upon in writing, The Contractor shall ensure the beginning time of warranty is the Project Completion date. c) The Contractor shall verify that documents are in proper form, contain full information, and are notarized. d) The Contractor shall verify that warranties are signed by both The Contractor and the appropriate agent. e) The Contractor shall retain warranties until the time specified for submittal to City. f) The warranties shall be provided to City with a neatly typed Table of Contents, identifying each warranty with the number and title of the applicable specification section requiring the warranty and the name of the product or Work item. g) Each warranty shall be separated with index tab sheets keyed to the Table of Contents listing. Complete information shall be provided, using separate typed sheets PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK SPECIAL PROVISIONS - SECTION 6 - PAGE 20 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 as necessary. The information shall include a list of Subcontractors, supplier, and manufacturer, with name, address and telephone number of responsible principal. ADD: 6-8.3 Requirements Preparatory To Requesting a Walk-through. Walk- through is the procedure used by the City to generate a Punchlist prior to Acceptance. The following items shall be required prior to requesting a walk-through: a) Remove temporary facilities from the Site. b) Thoroughly clean the Site. c) Provide completed and signed Red-lines in accordance with 2-5.4, “Red-lines Drawings.” d) Provide all material and equipment maintenance and operation instructions and/or manuals. e) Provide all warranties and guarantees required by the Contract Documents. f) Provide all tools which are a permanent part of equipment installed in the Project. g) Provide and properly identify all keys, construction and permanent. h) Provide all final Special Inspection reports required by the Uniform Building Code. i) Provide all certificates for materials, back-flows, glulam beams, underground storage tanks, etc. j) Provide all items that this contract requires to be supplied as extra stock. All items shall be wrapped, sealed, or placed in a container as necessary to allow for storage by the City for future use. The amount specified in this contract shall be verified by the City and the Contractor. k) Ensure all EOCP documents and certified wage rate documents (if applicable) have been submitted from the beginning of the job to complete close-out. ADD: 6-8.4 Walk-through and Punchlist Procedure. The following procedure outlines the steps to be taken upon the Contractor’s assertion that the Project is complete: a) When the Contractor considers that the Work and Services are complete, the Contractor shall in writing notify the City that the Project is complete and request that the City perform a walk-through for generation of a Punchlist. The Contractor shall notify the City at least 7 days in advance of the time the walk-through is to be performed. PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK SPECIAL PROVISIONS - SECTION 6 - PAGE 21 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 b) The City will determine if the Contractor is ready for a walk-through by verifying whether the Contractor has provided or completed all items as required by 6-8.1, “Defective Work,” whether the Contractor has obtained the applicable certifications, and by evaluating completeness by inspecting the Project and the specified Work required by the Contract Documents. c) If the Work includes underground sewer conduit installations, the inspection will include televising in accordance with 306-1.4.8, “Televising Sewer Mains and Storm Drains.” d) The City will facilitate a walk-through. e) The Contractor shall make available at the Site for walk-through attendees the plans and specifications and the technical data such as submittals and equipment manuals. f) The City will generate the Punchlist within 15 Working Days from the date of the walk- through and submit it to the Contractor. The City will not provide a preliminary Punchlist. g) If the City begins to generate a Punchlist and finds the Project is not substantially complete as defined herein, the City will terminate the walk-through and notify the Contractor in writing. h) If, at any time during the City’s evaluation of the corrective Work required by the Punchlist, the City discovers that additional corrective Work is required, the City may include that corrective Work in the Punchlist. The Contractor shall be solely responsible for the Site until the Project is completely operational, all Punchlist items have been corrected, and all operation and maintenance manuals have been accepted by the City. i) The City will meet with the Contractor until all Punchlist items are corrected. If the Contractor takes longer than 30 Working Days to complete the corrective Work, the Project shall be subject to re-evaluation. j) During the 60 day stop payment notice/lien period which commences on the date the NOC is recorded, the Contractor shall submit to the City the retention billing with a "Release of Claims" form. k) Upon Final Completion, the Contractor shall assemble and deliver to the City all records, documents, warranties, bonds, guarantees, maintenance and service agreements, and maintenance and operating manuals. Written warranties, except manufacturer's standard printed warranties, shall be on the Contractor’s and the Contractor’s agents, material suppliers, installers, or manufacturer’s letterhead, addressed to the Contractor. Warranties shall be submitted in the format described in this section, modified as approved by the City to suit the conditions pertaining to the warranty. PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK SPECIAL PROVISIONS - SECTION 6 - PAGE 22 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 ADD: 6-8.5 Correction of Work During Warranty. If within one year (or a longer applicable warranty period) after the date for commencement of warranties under the Contract Documents, any item of the Work is found to be Defective Work, the Contractor shall correct it promptly after receipt of written notice from the City to do so unless the City has previously given the Contractor a specific written acceptance of such condition after the City has been specifically informed in writing by the Contractor that the condition is not in accordance with the Contract Documents. This period of one year (or a longer applicable warranty period) shall be extended with respect to portions of the Work corrected as part of the warranty requirements. 6-9 LIQUIDATED DAMAGES. DELETE in its entirety and SUBSTITUTE the following: 6-9.1 General Liquidated damages, if any, accrue starting on the 1st day after the expiration of the working days through the day of Contract acceptance except as specified in Sections 6-9.2 and 6-9.3. The City shall withhold liquidated damages before the accrual date if the anticipated liquidated damages may exceed the value of the remaining work. Liquidated damages for all work except plant establishment are as shown in the following table: Liquidated Damages Total bid Liquidated damages per day From over To $0 $50,000 $1,200 $50,000 $120,000 $1,500 $120,000 $1,000,000 $1,900 $1,000,000 $5,000,000 $3,000 $5,000,000 $10,000,000 $5,400 If all work except plant establishment is complete and the total number of working days have expired, liquidated damages are $950 per day. 6-9.2 Failure to Complete Work Parts within Specified Times. The Engineer may deduct specified damages from payments for each day in completing a work part beyond the time specified for completing the work part. Damages for untimely completion of work parts may not be equal to the daily amount specified as liquidated damages for the project as a whole, but the Engineer does not simultaneously assess damages for untimely completion of work parts and for the whole work. PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK SPECIAL PROVISIONS - SECTION 6 - PAGE 23 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 Damages accrue starting the 1st day after a work part exceeds the specified time through the day the specified work part is complete. 6-9.3 Failure to Complete Work Parts by Specified Dates The Engineer may deduct specified damages from payments for each day in completing a work part beyond the specified completion date for the work part. Damages for untimely work part completion may not be equal to the daily amount specified as liquidated damages for the project as a whole, but the Engineer does not simultaneously assess damages for untimely work part completion and the whole work. Damages accrue starting the 1st day after an unmet completion date through the day the work part is complete. 6-9.4 Contractor’s acknowledgement of Liquidated Damages. Execution of the Contract shall constitute agreement by the City and Contractor that the sum specified herein this Section 6-9.1 is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. 6-10 USE OF IMPROVEMENT DURING CONSTRUCTION. ADD the following: For equipment or parts of Work possessed and partially utilized by the City, the warranty period shall commence on the date agreed to by the City in writing. ADD: 6-11 RIGHT TO AUDIT. 6-11.1 The City’s Right. The City retains the right to review and audit, and the reasonable right of access to the Contractor’s and all Subcontractor’s premises to review and audit the Contractor’s compliance with the provisions of this contract (City’s Right). The City’s Right includes the right to inspect and photocopy same, and to retain copies, outside of the Contractor’s premises, of any and all records with appropriate safeguards, if such retention is deemed necessary by the City in its sole discretion. This information shall be kept by the City in strictest confidence. 6-11.2 Audit. The City’s Right includes the right to examine any and all books, records, documents and any other evidence of procedures and practices that the City determines is necessary to discover and verify that the Contractor is in compliance with all requirements under this contract. 6-11.2.1 Cost Audit. If there is a claim for additional compensation or for changes in Work, the City’s Right to Audit includes the right to examine books, records, documents, and any and all other evidence and accounting procedures and practices that the City determines is necessary to discover and verify all direct and indirect costs, of whatever PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK SPECIAL PROVISIONS - SECTION 6 - PAGE 24 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 nature, which are claimed to have been incurred, anticipated to be incurred, or for which a claim for additional compensation or for changes in the Work have been submitted. 6-11.2.1.1 Accounting Records. The Contractor shall maintain complete and accurate records in accordance with generally accepted accounting practices in the construction industry. The Contractor shall make available to the City for review and audit all Project related accounting records and documents, and any other financial data. Upon the City’s request, the Contractor shall submit exact duplicates of originals of all requested records to the City. 6-11.3 The City’s Right -Binding on Subcontractors. The Contractor shall include the City’s Right in accordance with 6-11, “RIGHT TO AUDIT” in any and all of their subcontracts, and shall ensure that 6-11, “RIGHT TO AUDIT” is binding upon all Subcontractors. 6-11.4 Compliance Required Before Mediation and Litigation. A condition precedent to proceeding with further litigation provided for in 3-7, “DISPUTE RESOLUTION PROCESS” is the Contractor’s full compliance with 6-11, “RIGHT TO AUDIT” within 60 days of the date on which the City mails a written request to review and audit compliance. 6-11.5 Access to Records on Federally Funded Projects. The Contractor shall retain all records, books, papers, and documents directly pertinent to the Contract for a period of not less than 5 years after grantees or subgrantees make Final Payments and all other pending matters are closed; and allow access to said records by the grantee, subgrantee, the Federal Grantor Agency, the Comptroller General of the United States, or any duly authorized representatives. - END OF SECTION - RESPONSIBILITIES OF THE CONTRACTOR SPECIAL PROVISIONS - SECTION 7 - PAGE 1 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 SECTION 7 – RESPONSIBILITIES OF THE CONTRACTOR 7-2.2 Laws. ADD the following sentence to the last paragraph: For contracts subject to payment of prevailing wages, the Contractor shall submit certified payrolls weekly to the City reflecting the wages of all the Contractor and Subcontractor employees engaged in the Work. ADD: 7-2.3 Federal Training Requirement. This Section 7-2.3 applies to any federally funded project that has 100 or more working days specified. As part of the Contractor’s equal employment opportunity affirmative action program, training shall be provided as follows: The Contractor shall provide on-the-job training to develop full journeymen in the types of trades or job classification involved. The goal for the number of trainees or apprentices to be trained under the requirements of this special provision will be 0. In the event the Contractor subcontracts a portion of the contract work, he shall determine how many, if any, of the trainees or apprentices are to be trained by the subcontractor, provided however, that the Contractor shall retain the primary responsibility for meeting the training requirements imposed by this special provision. The Contractor shall also insure that this Training Special Provision is made applicable to such subcontract. Where feasible, 25 percent of trainees or apprentices in each occupation shall be in their first year of apprenticeship or training. The number of trainees or apprentices shall be distributed among the work classifications on the basis of the Contractor's needs and the availability of journeymen in the various classifications within a reasonable area of recruitment. Prior to commencing work, the Contractor shall submit to the Department for approval the number of trainees or apprentices to be trained in each selected classification and training program to be used. Furthermore, the Contractor shall specify the starting time for training in each of the classifications. The Contractor will be credited for each trainee or apprentice employed by him on the contract work who is currently enrolled or becomes enrolled in an approved program and will be reimbursed for such trainees or apprentices as provided hereinafter. Training and upgrading of minorities and women toward journeymen status is a primary objective of this Training Special Provision. Accordingly, the Contractor shall make every effort to enroll minority and women trainees or apprentices (e.g., by conducting systematic and direct recruitment through public and private sources likely to yield minority and women trainees or apprentices) to the extent such persons are available within a reasonable area of recruitment. The Contractor will be responsible for demonstrating the steps that he has taken in pursuance thereof, prior to a determination RESPONSIBILITIES OF THE CONTRACTOR SPECIAL PROVISIONS - SECTION 7 - PAGE 2 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 as to whether the Contractor is in compliance with this Training Special Provision. This training commitment is not intended, and shall not be used, to discriminate against any applicant for training, whether a member of a minority group or not. No employee shall be employed as a trainee or apprentice in any classification in which he has successfully completed a training course leading to journeyman status or in which he has been employed as a journeyman. The Contractor should satisfy this requirement by including appropriate questions in the employee application or by other suitable means. Regardless of the method used the Contractor's records should document the findings in each case. The minimum length and type of training for each classification will be as established in the training program selected by the Contractor and approved by both the Department and the Federal Highway Administration. The Department and the Federal Highway Administration will approve a program if it is reasonably calculated to meet the equal employment opportunity obligations of the Contractor and to qualify the average trainee or apprentice for journeyman status in the classification concerned by the end of the training period. Furthermore, apprenticeship programs registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training, or with the State of California, Department of Industrial Relations, Division of Apprenticeship Standards recognized by the Bureau and training programs approved but not necessarily sponsored by the U.S. Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training shall also be considered acceptable provided it is being administered in a manner consistent with the equal employment obligations of Federal-aid highway construction contracts. Approval or acceptance of a training program shall be obtained from the State prior to commencing work on the classification covered by the program. It is the intention of these provisions that training is to be provided in the construction crafts rather than clerk-typists or secretarial-type positions. Training is permissible in lower level management positions such as office engineers, estimators, timekeepers, etc., where the training is oriented toward construction applications. Training in the laborer classification may be permitted provided that significant and meaningful training is provided and approved by the division office. Some offsite training is permissible as long as the training is an integral part of an approved training program and does not comprise a significant part of the overall training. Except as otherwise noted below, the Contractor will be reimbursed 80 cents per hour of training given an employee on this contract in accordance with an approved training program. As approved by the Engineer, reimbursement will be made for training of persons in excess of the number specified herein. This reimbursement will be made even though the Contractor receives additional training program funds from other sources, provided such other source does not specifically prohibit the Contractor from receiving other reimbursement. Reimbursement for offsite training indicated above may only be made to the Contractor where he does one or more of the following and the trainees or apprentices are concurrently employed on a Federal-aid project; contributes to the cost of the training, provides the instruction to the trainee or apprentice or pays the trainee's or apprentice's wages during the offsite training period. RESPONSIBILITIES OF THE CONTRACTOR SPECIAL PROVISIONS - SECTION 7 - PAGE 3 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 No payment shall be made to the Contractor if either the failure to provide the required training, or the failure to hire the trainee or apprentice as a journeyman, is caused by the Contractor and evidences a lack of good faith on the part of the Contractor in meeting the requirements of this Training Special Provision. It is normally expected that a trainee or apprentice will begin his training on the project as soon as feasible after start of work utilizing the skill involved and remain on the project as long as training opportunities exist in his work classification or until he has completed his training program. It is not required that all trainees or apprentices be on board for the entire length of the contract. A Contractor will have fulfilled his responsibilities under this Training Special Provision if he has provided acceptable training to the number of trainees or apprentices specified. The number trained shall be determined on the basis of the total number enrolled on the contract for a significant period. Only trainees or apprentices registered in a program approved by the State of California's State Administrator of Apprenticeship may be employed on the project and said trainees or apprentices shall be paid the standard wage specified under the regulations of the craft or trade at which they are employed. The Contractor shall furnish the trainee or apprentice a copy of the program he will follow in providing the training. The Contractor shall provide each trainee or apprentice with a certification showing the type and length of training satisfactorily completed. The Contractor will provide for the maintenance of records and furnish periodic reports documenting his performance under this Training Special Provision. Payment – Full compensation, except as otherwise provided herein, for conforming to the requirements of the Federal Requirement Training provisions shall be made at the contract lump sum price for “Federal Trainee Program”, and no additional compensation will be allowed therefore. 7-3 LIABILITY INSURANCE. DELETE in its entirety and SUBSTITUTE the following: The insurance provisions herein shall not be construed to limit the Contractor's indemnity obligations contained in this contract. ADD: 7-3.1 Policies and Procedures. The Contractor shall procure the insurance described below, at its sole cost and expense, to provide coverage against claims for loss including injuries to persons or damage to property, which may arise out of or in connection with the performance of the Work by the Contractor, the Contractor's agents, representatives, officers, employees or subcontractors. At a minimum, on all contracts, Commercial General Liability, Commercial Automobile Liability, and Worker’s Compensation insurance shall be provided. Depending upon the type of construction, nature and location of the Work, the Engineer reserves the right to require the additional policies of insurance related to: Contractors Pollution Liability Insurance RESPONSIBILITIES OF THE CONTRACTOR SPECIAL PROVISIONS - SECTION 7 - PAGE 4 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 Contractors Hazardous Transporters Pollution Liability Insurance Builders Risk Architects and Engineers Professional Insurance (Errors and Omissions Insurance) If the Contractor determines these insurance policies are not applicable to the Work, the Contractor shall request the Engineer’s waiver of a requirement to submit these insurance policies within 5 working days receipt of City’s Notice of Award. All required insurance policies must be returned with the Contractor’s executed Agreement. The Contractor shall maintain this insurance for the duration of this contract and at all times thereafter when the Contractor is correcting, removing, or replacing Work in accordance with this contract. The Contractor’s liabilities under this contract, e.g., the Contractor’s indemnity obligations, shall not be deemed limited to the insurance coverage required by this contract. Payment for insurance shall be included in the various items of Work as bid by the Contractor, and except as specifically agreed to by the City in writing, the Contractor shall not be entitled to any additional payment. The Contractor shall not begin any work under this contract until it has provided and the City has approved all required insurance. Policies of insurance shall provide that the City is entitled to 30 days (ten days for cancellation due to non-payment of premium) prior written notice of cancellation or non- renewal of the policy. Maintenance of specified insurance coverage is a material element of this contract and the Contractor’s failure to maintain or renew coverage or to provide evidence of renewal during the term of this contract may be treated by the City as a material breach of contract. ADD: 7-3.2 Types of Insurance. 7-3.2.1 Commercial General Liability Insurance. Commercial General Liability Insurance written on the current version of the ISO Occurrence form CG 0001 or an equivalent form providing coverage at least as broad. The policy shall cover liability arising from premises and operations, XCU (explosions, underground, and collapse), independent contractors, products/completed operations, personal injury and advertising injury, bodily injury, property damage, and liability assumed under an insured’s contract (including the tort liability of another assumed in a business contract).There shall be no endorsement or modification limiting the scope of coverage for either “insured vs. insured” claims or contractual liability. All costs of defense shall be outside the policy limits. Policy coverage shall be in liability limits of not less than the following: (a) $1,000,000 for each occurrence (combined single limit for bodily injury and property damage) (b) $2,000,000 aggregate for products-completed operations. (c) $1,000,000 umbrella or excess liability. (d) Umbrella or excess policy shall follow form over the Contractor’s General Liability coverage and shall provide a separate aggregate limit for products and completed operations coverage. The umbrella or excess policy shall contain a clause stating that it takes effect (drops down) in the event the primary limits are impaired or exhausted. RESPONSIBILITIES OF THE CONTRACTOR SPECIAL PROVISIONS - SECTION 7 - PAGE 5 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 7-3.2.2 Commercial Automobile Liability Insurance. The Contractor shall provide a policy or policies of Commercial Automobile Liability Insurance written on the current version of the ISO form CA 00 01 12 90 or later version or equivalent form providing coverage providing coverage at least as broad in the amount of $1,000,000 combined single limit per accident, covering bodily injury and property damage for owned, non- owned and hired automobiles (“Any Auto”). All costs of defense shall be outside the limits of the policy. 7-3.2.3 Commercial Pollution Liability Insurance. The Contractor shall procure and maintain at its expense require its subcontractor, as described below to procure and maintain, the Contractors Pollution Liability Insurance including contractual liability coverage to cover liability arising out of cleanup, removal, storage, or handling of hazardous or toxic chemicals, materials, substances, or any other pollutants by the Contractor or any Subcontractor in an amount not less than $2,000,000 limit for bodily injury and property damage. All costs of defense shall be outside the limits of the policy. Any such insurance provided by a subcontractor instead of the Contractor shall be approved separately in writing by the City. Approval of a substitution of a subcontractor’s insurance shall require a certification by the Contractor that all activities for which the Contractors Pollution Liability Insurance will provide coverage will be performed exclusively by the Subcontractor providing the insurance. The deductible shall not exceed $25,000 per claim. Contractual liability shall include coverage of tort liability of another party to pay for bodily injury or property damage to a third person or organization. There shall be no endorsement or modification of the coverage limiting the scope of coverage for either “insured vs. insured” claims or contractual liability. Occurrence based policies shall be procured before the Work commences and shall be maintained for the duration of this contract. Claims Made policies shall be procured before the Work commences, shall be maintained for the duration of this contract, and shall include a 12 month extended Claims Discovery Period applicable to this contract or the existing policy or policies shall continue to be maintained for 12 months after the completion of the Work under the Contract without advancing the retroactive date. Except as provided for under California law, the policy or policies shall provide that the City is entitled to 30 days prior written notice (10 days for cancellation due to non-payment of premium) of cancellation or non- renewal of the policy or policies. 7-3.2.4 Contractors Hazardous Transporters Pollution Liability Insurance. The Contractor shall provide at its expense or require its subcontractor to provide, as described below Contractors Hazardous Transporters Pollution Liability Insurance including contractual liability coverage to cover liability arising out of transportation of hazardous or toxic, materials, substances, or any other pollutants by the Contractor or any subcontractor in an amount not less than $2,000,000 limit per occurrence/aggregate for bodily injury and property damage. All costs of defense shall be outside the limits of the policy. The deductible shall not exceed $25,000 per claim. Any such insurance provided by a subcontractor instead of the Contractor shall be approved separately in writing by the City. Approval of the substitution of a subcontractor’s insurance shall require a certification by the Contractor that all activities for which Contractors Hazardous RESPONSIBILITIES OF THE CONTRACTOR SPECIAL PROVISIONS - SECTION 7 - PAGE 6 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 Transporters Pollution Liability Insurance will provide coverage will be performed exclusively by the Subcontractor providing the insurance. Contractual liability shall include coverage of tort liability of another party to pay for bodily injury or property damage to a third person or organization. There shall be no endorsement or modification of the coverage limiting the scope of coverage for either “insured vs. insured” claims or contractual liability. Occurrence based policies shall be procured before the Work commences and shall be maintained for the duration of this contract. Claims Made policies shall be procured before the Work commences, shall be maintained for the duration of this contract, and shall include a 12 month extended Claims Discovery Period applicable to this contract or the existing policy or policies shall continue to be maintained for 12 months after the completion of the Work under this contract without advancing the retroactive date. Except as provided for under California law, the policy or policies shall provide that the City is entitled to 30 days prior written notice (10 days for cancellation due to non-payment of premium) of cancellation or non- renewal of the policy or policies. 7-3.2.5 Contractors Builders Risk Property Insurance. The Contractor shall provide at its expense, and maintain until Final Completion and Acceptance of the Work, a Special Form Builders Risk Policy or Policies. This insurance shall be in an amount equal to the replacement cost of the completed Work (without deduction for depreciation) including the cost of excavations, grading, and filling. The policy or policies limits shall be 100% of this contract value of the Work plus15% to cover administrative costs, design costs, and the costs of inspections and construction management. Insured property shall include material or portions of the Work located away from the Site but intended for use at the Site, and shall cover material or portions of the Work in transit. The policy or policies shall include as insured property scaffolding, falsework, and temporary buildings located at the Site. The policy or policies shall cover the cost of removing debris, including demolition. The policy or policies shall provide that all proceeds thereunder shall be payable to the City as Trustee for the insureds, and shall name the City, the Contractor, Subcontractors, and suppliers of all tiers as named insureds. The City as Trustee shall collect, adjust, and receive all monies which may become due and payable under the policy or policies, may compromise any and all claims thereunder, and shall apply the proceeds of such insurance to the repair, reconstruction, or replacement of the Work. Any deductible applicable to the insurance shall be identified in the policy or policies documents and responsibility for paying the part of any loss not covered because of the application of such deductibles shall be apportioned among the parties except for the City as follows: if there is more than one claimant for a single occurrence, then each claimant shall pay a pro-rata share of the per occurrence deductible based upon the percentage of their paid claim to the total paid for all insureds. The City shall be entitled to 100% of its loss. Any portion of that loss not covered because of a deductible shall be paid to the City RESPONSIBILITIES OF THE CONTRACTOR SPECIAL PROVISIONS - SECTION 7 - PAGE 7 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 by the Contractor at the same time the proceeds of the insurance are paid to the City as trustee. Any insured, other than the City, making claim to which a deductible applies shall be responsible for 100% of the loss not insured because of the deductible. Except as provided for under California law, the policy or policies shall provide that the City is entitled to 30 days prior written notice (10 days for cancellation due to non-payment of premium) of cancellation or non-renewal of the policy or policies. 7-3.2.6 Railroad Protective Liability Insurance. Railroad protective liability insurance shall be required for any work located on or within 200 feet of an existing railroad right-of- way, unless otherwise specifically waived by the Engineer. Exclusions relating to performance of operations within the vicinity of any railroad, bridge, trestle, roadbed, tunnel, underpass, or cross shall be deleted from all policies to which they may apply. Alternatively, the Contractor may provide separate Railroad Protective Liability insurance providing coverage, including endorsements, equivalent to that required for the CGL described herein. ADD: 7-3.3 Rating Requirements. Except for the State Compensation Insurance Fund, all insurance required by this contract as described herein shall be carried only by responsible insurance companies with a rating of, or equivalent to, at least “B++, VII” by A.M. Best Company, that are authorized by the California Insurance Commissioner to do business in the State, and that have been approved by the City. 7-3.3.1 Non-Admitted Carriers. The City will accept insurance provided by non- admitted, “surplus lines” carriers only if the carrier is authorized to do business in the State and is included on the List of Eligible Surplus Lines Insurers (LESLI list). All policies of insurance carried by non-admitted carriers shall be subject to all of the requirements for policies of insurance provided by admitted carriers described herein. ADD: 7-3.4 Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by the contract. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: RESPONSIBILITIES OF THE CONTRACTOR SPECIAL PROVISIONS - SECTION 7 - PAGE 8 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 1. “The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” (“as respects City of Palm Springs City Project No.___” or “for any and all work performed with the City” may be included in this statement). 2. “This insurance is primary and non-contributory over any insurance or self-insurance the City may have...” (“as respects City of Palm Springs City Project No.___” or “for any and all work performed with the City” may be included in this statement). 3. “Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named.” Language such as, “endeavor to” mail and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative” is not acceptable and must be crossed out. 4. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them. ADD: 7-3.5 Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Contractor under the contract: a) For any claims related to the contract, Contractor’s coverage shall be primary insurance with respect to the City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute to it. b) Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers. c) All insurance coverage and limits provided by Contractor and available or applicable to the contract are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in the contract or any other agreement relating to the City or its operations shall limit the application of such insurance coverage. d) No required insurance coverages may include any limiting endorsement which substantially impairs the coverages set forth in the contract (e.g., elimination of RESPONSIBILITIES OF THE CONTRACTOR SPECIAL PROVISIONS - SECTION 7 - PAGE 9 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the Engineer and approved in writing. e) Contractor agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Work. It is Contractor’s obligation to ensure timely compliance with all insurance submittal requirements as provided in the contract. f) Contractor agrees to ensure that subcontractors, and any other parties involved with the Project who are brought onto or involved in the Project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor 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. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the City for review. g) Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights in this or any other regard. h) Contractor shall provide proof that policies of insurance required in the contract, expiring during the term of the contract, 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. Endorsements as required in the contract applicable to the renewing or new coverage shall be provided to City no later than ten (10) days prior to expiration of the lapsing coverage. i) Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements, or 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. j) The requirements in this section supersede all other sections and provisions of the contract to the extent that any other section or provision conflicts with or impair the provisions of this section. k) Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the Work performed under the contract and for any other claim or loss which may reduce the insurance available to pay claims arising out of the contract. City assumes no obligation or liability by such notice, but has the right RESPONSIBILITIES OF THE CONTRACTOR SPECIAL PROVISIONS - SECTION 7 - PAGE 10 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims. l) Contractor agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages resulting from the Contractor’s activities or the activities of any person or person for which the Contractor is otherwise responsible. ADD: 7-3.6 Policy Endorsements. 7-3.6.1 Commercial General Liability Insurance 7-3.6.1.1 Additional Insured. To the fullest extent allowed by law e.g., California Insurance Code § 11580.04, the policy shall be endorsed to include the City and its respective elected officials, officers, employees, agents, and representatives as additional insureds. The additional insured coverage for Projects for which the Engineer’s Estimate is $1,000,000 or more shall include liability arising out of: (a) Ongoing operations performed by the Contractor or on the Contractor’s behalf, (b) Your products, (c) Your work, e.g., the Contractor’s completed operations performed by the Contractor or on the Contractor’s behalf, or (d) premises owned, leased, controlled, or used by the Contractor; the coverage for Projects for which the Engineer’s Estimate is less than $1,000,000 shall include liability arising out of: (a) Ongoing operations performed by the Contractor or on the Contractor’s behalf, (b) Your products, or (c) premises owned, leased, controlled, or used by the Contractor. 7-3.6.1.2 Primary and Non-Contributory Coverage. The policy shall be endorsed to provide that the coverage with respect to operations, including the completed operations, if appropriate, of the Named Insured is primary to any insurance or self-insurance of the City and its elected officials, officers, employees, agents and representatives. Further, it shall provide that any insurance maintained by the City and its elected officials, officers, employees, agents and representatives shall be in excess of the Contractor's insurance and shall not contribute to it. 7-3.6.1.3 Project General Aggregate Limit. The policy or policies shall be endorsed to provide a Designated Construction Project General Aggregate Limit that will apply only to the Work. Only claims payments which arise from the Work shall reduce the Designated Construction Project General Aggregate Limit. The Designated Construction Project General Aggregate Limit shall be in addition to the aggregate limit provided for the products-completed operations hazard. 7-3.6.2 Commercial Automobile Liability Insurance. 7-3.6.2.1 Additional Insured. Unless the policy or policies of Commercial Auto Liability Insurance are written on an ISO form CA 00 01 12 90 or a later version of this form or equivalent form providing coverage at least as broad, the policy shall be endorsed to include the City and its respective elected officials, officers, employees, agents, and representatives as additional insureds, with respect to liability arising out of automobiles RESPONSIBILITIES OF THE CONTRACTOR SPECIAL PROVISIONS - SECTION 7 - PAGE 11 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 owned, leased, hired or borrowed by or on behalf of the Contractor. This endorsement is limited to the obligations permitted by California Insurance Code § 11580.04. 7-3.6.3 Contractors Pollution Liability Insurance Endorsements. 7-3.6.3.1 Additional Insured. The policy or policies shall be endorsed to include as an Insured the City and its respective elected officials, officers, employees, agents, and representatives, with respect to liability arising out of: (a) Ongoing operations performed by the Contractor or on the Contractor’s behalf, (b) the Contractor’s products, (c) the Contractor’s work, e.g., the Contractor’s completed operations performed by the Contractor or on the Contractor’s behalf, or (d) premises owned, leased, controlled, or used by the Contractor; Except that in connection with, collateral to, or affecting any construction contract to which the provisions of subdivision (b) of Section 2782 of the California Civil Code apply, this endorsement shall not provide any duty of indemnity coverage for the active negligence of the City and its respective elected officials, officers, employees, agents, and representatives in any case where an agreement to indemnify the City and its respective elected officials, officers, employees, agents, and representatives would be invalid under subdivision (b) of § 2782 of the California Civil Code. In any case where a claim or loss encompasses the negligence of the Insured and the active negligence of the City and its respective elected officials, officers, employees, agents, and representatives that is not covered because of California Insurance Code §11580.04, the insurer's obligation to the City and its respective elected officials, officers, employees, agents, and representatives shall be limited to obligations permitted by California Insurance Code §11580.04. 7-3.6.3.2 Primary and Non-Contributory Coverage. The policy or policies shall be endorsed to provide that the insurance afforded by the Contractors Pollution Liability Insurance policy or policies is primary to any insurance or self-insurance of the City and its elected officials, officers, employees, agents and representatives with respect to operations including the completed operations of the Named Insured. Any insurance maintained by the City and its elected officials, officers, employees, agents and representatives shall be in excess of the Contractor's insurance and shall not contribute to it. 7-3.6.3.3 Severability of Interest. For Contractors Pollution Liability Insurance, the policy or policies shall provide that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability and shall provide cross-liability coverage. 7-3.6.4 Contractors Hazardous Transporters Pollution Liability Insurance Endorsements. 7-3.6.4.1 Additional Insured. The policy or policies shall be endorsed to include as an Insured the City and its respective elected officials, officers, employees, agents, and representatives, with respect to liability arising out of: (a) Ongoing operations performed RESPONSIBILITIES OF THE CONTRACTOR SPECIAL PROVISIONS - SECTION 7 - PAGE 12 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 by the Contractor or on the Contractor’s behalf, (b) the Contractor’s products, (c) the Contractor’s work, e.g., the Contractor’s completed operations performed by the Contractor or on the Contractor’s behalf, or (d) premises owned, leased, controlled, or used by the Contractor; Except that in connection with, collateral to, or affecting any construction contract to which the provisions of subdivision (b) of §2782 of the California Civil Code apply, this endorsement shall not provide any duty of indemnity coverage for the active negligence of the City and its respective elected officials, officers, employees, agents, and representatives in any case where an agreement to indemnify the City and its respective elected officials, officers, employees, agents, and representatives would be invalid under subdivision (b) of §2782 of the California Civil Code. In any case where a claim or loss encompasses the negligence of the Insured and the active negligence of the City and its respective elected officials, officers, employees, agents, and representatives that is not covered because of California Insurance Code §11580.04, the insurer's obligation to the City and its respective elected officials, officers, employees, agents, and representatives shall be limited to obligations permitted by California Insurance Code §11580.04. 7-3.6.4.2 Primary and Non-Contributory Coverage. The policy or policies shall be endorsed to provide that the insurance afforded by the Contractors Pollution Liability Insurance policy or policies is primary to any insurance or self-insurance of the City and its elected officials, officers, employees, agents and representatives with respect to operations including the completed operations of the Named Insured. Any insurance maintained by the City and its elected officials, officers, employees, agents and representatives shall be in excess of the Contractor's insurance and shall not contribute to it. 7-3.6.4.3 Severability of Interest. For Contractors Hazardous Transporters Pollution Liability Insurance, the policy or policies shall provide that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability and shall provide cross-liability coverage. 7-3.6.5 Builders Risk Endorsements. 7-3.6.5.1 Waiver of Subrogation. The policy or policies shall be endorsed to provide that the insurer will waive all rights of subrogation against the City, and its respective elected officials, officers, employees, agents, and representatives for losses paid under the terms of the policy or policies and which arise from work performed by the Named Insured for the City. 7-3.6.5.2 Builders Risk – Partial Utilization. If the City desires to occupy or use a portion or portions of the Work prior to Final Completion in accordance with this contract, the City shall notify the Contractor and the Contractor shall immediately notify its Builder's Risk insurer and obtain an endorsement that the policy or policies shall not be cancelled or lapse on account of any such partial use or occupancy. The Contractor shall obtain the endorsement prior to the City's occupation and use. RESPONSIBILITIES OF THE CONTRACTOR SPECIAL PROVISIONS - SECTION 7 - PAGE 13 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 ADD: 7-3.6 Deductibles/Self-Insured Retentions. The Contractor shall be responsible for the payment of all deductibles and self-insured retentions. Deductibles and self- insured retentions shall be disclosed to the City at the time the evidence of insurance is provided. ADD: 7-3.7 Reservation of Rights. The City reserves the right, from time to time, to review Contractor's insurance coverage, limits, deductibles and self-insured retentions to determine if they are acceptable to the City. The City will reimburse Contractor, without overhead, profit, or any other markup, for the cost of additional premium for any coverage requested by the City but not required by this contract. ADD: 7-3.8 Notice of Changes to Insurance. The Contractor shall notify the City 30 days prior to any material change to the policies of insurance provided under this contract. ADD: 7-3.9 Excess Insurance. Policies providing excess coverage shall follow the form of the primary policy or policies e.g., all endorsements. ADD: 7-3.10 Architects and Engineers Professional Insurance (Errors and Omissions Insurance) – For contracts with required engineering services (e.g., preparation of engineered Traffic Control Plans (TCP) by the Contractor) for all of the Contractor’s employees or Subcontractors who provide professional engineering services under this contract, the Contractor shall keep or shall require its Subcontractor in full force and effect, Professional Liability coverage with a limit of $1,000,000 per claim and $2,000,000 annual aggregate. The Contractor shall ensure both that: (a) the policy retroactive date is on or before the date of commencement of the Project; and (b) the policy will be maintained in force for a period of three years after completion of the Project or termination of this contract whichever occurs last. The Contractor agrees that for the time period defined above, there will be no changes or endorsements to the policy that affect the coverage provided herein If professional engineering services are to be provided solely by a subcontractor, the Contractor shall (a) certify this to the City in writing and (b) agree in writing to require the Subcontractor to procure Professional Liability coverage in accordance with the requirements set forth above. 7-4 WORKERS’ COMPENSATION INSURANCE. DELETE in its entirety and SUBSTITUTE the following: 7-4.1 Workers’ Compensation Insurance and Employers Liability Insurance. In accordance with the provisions of §3700 of the California Labor Code, the Contractor shall provide at its expense Workers’ Compensation Insurance and Employers Liability Insurance to protect the Contractor against all claims under applicable state workers compensation laws. The City, its elected officials, and employees will not be responsible for any claims in law or equity occasioned by the failure of the Contractor to comply with RESPONSIBILITIES OF THE CONTRACTOR SPECIAL PROVISIONS - SECTION 7 - PAGE 14 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 the requirements of this section. Limits for this insurance shall be not less than the following: Workers’ Compensation Statutory Employers Liability Bodily Injury by Accident $1,000,000 each accident Bodily Injury by Disease $1,000,000 each employee Bodily Injury by Disease $1,000,000 policy limit By signing and returning this contract the Contractor certifies that the Contractor is aware of the provisions of §3700 of the Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions of that code and the Contractor will comply with such provisions before commencing the performance of the work of this contract as required by Section 1861 of the California Labor Code. 7-4.1.1 Workers’ Compensation Insurance for Work In, Over, or Alongside Navigable Waters. In addition to the Workers’ Compensation Insurance required under the General Conditions of this contract, the Contractor shall provide additional insurance coverage for claims brought under the Longshore and Harbor Workers’ Compensation Act, the Jones Act, general maritime law, and any other federal or state laws, resulting from the Contractor’s work in, over, or alongside navigable waters. 7-4.2.1 Waiver of Subrogation. The policy or policies shall be endorsed to provide that the insurer will waive all rights of subrogation against the City, and its respective elected officials, officers, employees, agents, and representatives for losses paid under the terms of the policy or policies and which arise from work performed by the Named Insured for the City. ADD: 7-5.1 Business License. The Contractor and all of its subcontractors shall possess a current City business license issued by the City prior to commencement of the Work, in accordance with Title 3, Division II “Business Tax” of the City’s Municipal Code. The Contractor shall obtain a Business License from the City of Palm Springs prior to commencement of work. The Business License can be obtained from the City of Palm Springs, Business License Division, (760) 323-8289. ADD: 7-5.2 Building Permits. The Contractor shall obtain the required building permits from the City’s Building Official (BO). Any prior approval obtained for the Plans will not in any way waive this requirement. The Contractor shall be required to request inspections in accordance with the building codes in effect on the permitted plans and by the BO. These inspections will be coordinated at all times through the Engineer. Any work performed without the benefit of the required permit and subsequent inspection shall be removed and replaced at the discretion of the Inspector at no additional cost to the City. The payment for applying for and obtaining the required permits shall be included in the various Bid items unless a Bid item has been provided. RESPONSIBILITIES OF THE CONTRACTOR SPECIAL PROVISIONS - SECTION 7 - PAGE 15 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 ADD: 7-5.3 Caltrans Permit. When applicable and available, a copy of the draft Caltrans permit is included in the Appendix. The City has applied for the permit and the Contractor shall be responsible for pulling the permit prior to construction and supplying any construction method information to do so to Caltrans. The Contractor shall be responsible for paying permit fees prior to construction, complying with all terms of the permit, and arranging and paying for inspection as required by Caltrans. The Allowance Bid item for Caltrans Encroachment Permit includes all Caltrans permit fees, Caltrans hourly inspection costs, and all costs to obtain the subject permit. If Bid Item is not provided payment shall be included in the various items of Work. ADD: 7-5.4 Construction Activity Permit, California Division of Occupational Safety and Health (DOSH) – For projects that require excavations greater than 5 feet in depth, the Contractor shall be required to obtain a Construction Activity Permit from the California Department of Industrial Relations, Division of Occupational Safety and Health, for excavation of trenches required for the project. A copy of the Permit shall be provided to the Engineer at the Pre-Construction Conference. 7-6 THE CONTRACTOR'S REPRESENTATIVE. ADD the following: The designated Contractor's representative shall not be replaced without written notice to the City. During periods when the Work is suspended, the Contractor shall make appropriate arrangements for any emergency work which may be required to be performed under the supervision of the Contractor’s representative. The Contractor shall provide the Engineer with a local phone number at which they or their representative may be contacted 24 hours a day. ADD: 7-6.1 Project Meetings. The Contractor’s field supervisor e.g., superintendent and Project Manager, shall attend all scheduled construction progress meetings and other Project meetings as required by the Engineer. The City’s design staff will attend Project meetings on an as-needed basis to address design issues. Construction progress meetings may be weekly, bi-weekly, or monthly as required by the Engineer. Other Project meetings will be scheduled at the sole discretion of the Engineer. The Engineer will determine the date(s), time(s), and location(s) for all meetings. The Engineer will be responsible for the meeting agendas and meeting minutes. If any of the Contractor’s staff cannot attend, the Contractor shall notify the Engineer a minimum of 24 hours in advance, prior to the start of the scheduled meeting. If the Contractor does not provide the required notification the Contractor shall be financially responsible for the costs of the City staff, consultants, or both that attend. The Contractor will be charged a minimum of two hours of the Engineer’s time plus the time of other the City employees or representatives that attend the meeting. Lack of participation from the Contractor will be documented and reported in the Contractor’s performance evaluation. RESPONSIBILITIES OF THE CONTRACTOR SPECIAL PROVISIONS - SECTION 7 - PAGE 16 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 The objective of the meetings is to discuss: (1) the status of submittals, (2) requests for information, (3) progress of schedule, (4) disputed items, (5) non-conformance notices, and (6) new business of importance from any member of the meeting. 7-6.1.1 Payment. The payment for the Contractor’s attendance of Project meetings shall be included in the various Bid items. All costs assessed to the Contractor for not attending the meetings will be deducted from the monthly invoice. 7-8.1 General. Add the following three paragraphs: The Contractor shall provide and maintain enclosed toilets for the use of the Contractor and City’s officers, employees or agents. The Contractor shall keep these accommodations in a neat and sanitary condition, and shall ensure they comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. The Contractor shall, prior to on-site testing and inspection activities and prior to on-site mobilization for demolition and construction, prepare a Mobilization Plan for the City's review and approval based upon information provided to the Contractor by the City from time to time concerning the anticipated availability of the Site or portions thereof for tests and inspections to be performed in connection with the preparation of the Order of Magnitude Documents, for remedial work relating to Hazardous Materials and Waste as set forth in the Contract Documents, and for demolition, excavation and construction activities. The foregoing Mobilization Plan shall be revised from time to time as necessary to incorporate additional information on Site availability provided by the City. The Contractor shall confine operations at the Site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the Site with materials or equipment. The Contractor shall at all times confine its access and use of the Site to the areas designated by the City from time to time as being delivered and available to the Contractor. 7-8.2 Air Pollution Control. DELETE in its entirety and SUBSTITUTE the following: The Contractor shall be responsible for stabilizing the disturbed soil during construction. The method which it will use must be approved by the Engineer. If a water meter is required by the Engineer during construction, the Contractor shall contact the Desert Water Agency at (760) 323-4971 to obtain said meter. The cost of this work shall be included in the price of various items in the Bid Schedule, and no additional payment will be made therefore. The Contractor shall be responsible for maintaining the project site and providing adequate dust control 24 hours a day, everyday, through the duration of the project, in conformance with City requirements, the Standard Specifications, and to the satisfaction of the City Engineer. The Contractor shall complete and submit a City RESPONSIBILITIES OF THE CONTRACTOR SPECIAL PROVISIONS - SECTION 7 - PAGE 17 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 of Palm Springs Fugitive Dust (PM-10) Control Plan, for review and approval by the Engineer, at the Pre-Construction Conference. Attention is directed to the fact that the project is in an area subject to the provisions of South Coast Air Quality Management District (SCAQMD) Rule 403.1, Supplemental Fugitive Dust Control Requirements for Coachella Valley Sources. Details of SCAQMD Rule 403.1 can be found at: http://www.aqmd.gov/docs/default-source/rule-book/rule-iv/rule-403-1.pdf?sfvrsn=4 The Contractor, and all subcontractors, shall ensure their operations comply with Rule 403.1, and the provisions of the PM-10 Dust Control Plan approved by the Engineer. Dust Control Sign Requirements – The Contractor shall construct, erect, and maintain a rectangular, painted sign, outside of any proposed work area. The sign shall be installed within 5 days of the execution of the Contract, and the Contractor shall maintain the sign in good condition until the execution of the Notice of Completion, at which time the Contractor shall remove the sign and deliver it to the City yard. The sign board shall be minimum 8-feet wide by 5-feet high, constructed as follows: a. 1" High Density Overlay exterior type plywood, Grade designation APA HDO EXT. b. Two (2) 4" x 4" post securely buried not less than 24 inches into the ground. No concrete shall be used to secure the sign posts. The posts shall be treated with linseed replacement oil tinted with redwood stain. c. Posts shall be attached to the edges of the plywood with a minimum of two (2) carriage bolts on each post. d. The front surface of the sign should be painted in the contrasting colors of a white background with black lettering. All paint shall be weather-proof non fading enamel. e. Commercially prepared metal signs mounted on steel posts are also acceptable. No handwritten signs will be accepted. Stenciled or professionally prepared signs are required. Sign Installation – The sign shall be installed such that members of the public can easily view, access, and read the sing at all times and shall be located along the street frontage such that it will not be subject to damage from equipment or vehicles working at the project site. Additionally: a. The lower edge of the sign shall be mounted a minimum of 6 feet and a maximum of 7 feet above existing ground level for easy viewing. b. On the construction site the sign should be positioned so as to be visible from all major streets. RESPONSIBILITIES OF THE CONTRACTOR SPECIAL PROVISIONS - SECTION 7 - PAGE 18 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 c. For construction projects that are developed in phases, the sign should be relocated to the areas which are under active construction. Sign Lettering. - The sign shall contain the following words in minimum 1.5, 2, and 3 inch high (as indicated in parentheses) bold face type letters: GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES (1.5”): GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES (2”) CONTRACTOR (1.5”): ____________XXXXX____________________ (2”) CITY PROJECT NO (1.5”): _________14-13____________________ (2”) IF YOU SEE DUST COMING (2”) FROM THIS PROJECT CALL (2”) Underneath the sign shall contain the following words in the largest, minimum 3”, bold face type letters: (PROJECT MANAGER’S NAME) CML 5282 (045) The Contractor shall supply its Superintendent’s or Project Manager’s name and 24 hour telephone number. Underneath in smaller, minimum 1.5” bold face type letters shall be the following words: IF YOU DO NOT GET A RESPONSE, PLEASE CALL: CITY OF PALM SPRINGS: (760) 323-8253 AFTER HOURS OR WEEKENDS PLEASE CALL: CITY OF PALM SPRINGS POLICE DEPARTMENT (760) 323-8115 OR CALL A.Q.M.D.: 1-800-288-7664 The Contractor shall provide a sample of the sign planning, appearance, and layout for review and approval by the Engineer, prior to installation. Sign Maintenance – Dust Control Sign shall be maintained in good condition by the Contractor at all times during the entire contract. In case of damage to the sign from any cause, including graffiti, vandalism, environmental conditions and fading, the Contractor shall repair, re-install, and/or repaint the sign, as required. All such repair or maintenance shall be completed promptly within 2 days of any such damage to the full satisfaction of the Engineer. Payment – Full compensation for establishing and implementing a PM-10 Dust Control Plan; furnishing, installing and maintaining required signs; and monitoring and maintaining the project site for compliance throughout the duration of this project shall be RESPONSIBILITIES OF THE CONTRACTOR SPECIAL PROVISIONS - SECTION 7 - PAGE 19 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 considered as included in the lump sum bid item price for “Mobilization,” which price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved to establish, implement, monitor and maintain dust control, and no additional compensation shall be allowed therefore. 7-8.4.1 General. Add the following three paragraphs: If the Plans designate a staging location within the Project or in close proximity, the Contractor shall utilize such area for their use. Otherwise, storage and staging areas shall be the responsibility of the Contractor. The storage and staging areas shall be as close as possible to the Site. The Contractor shall be responsible for obtaining any permits, leases, or any other items necessary to obtain staging areas. Trash, oil dumping, storage of hazardous wastes, or construction equipment material and parking, fueling of equipment shall be allowed in the MHPA or other biologically sensitive areas. The Contractor shall ensure the fueling of vehicles occurs only within designated staging areas Using appropriate catch basins and devices. The Contractor shall meet with the Engineer at the proposed staging area prior to any use of the area to ascertain the existing condition. The Contractor shall be responsible to return the storage and staging area and the adjacent area to an equal or better condition as deemed necessary by the Engineer, at no additional cost to the City. 7-8.4.2 Storage in Public Streets. DELETE in its entirety and SUBSTITUTE the following: Construction materials and equipment shall not be stored in streets, roads, or highways unless specifically authorized by the Engineer. All materials or equipment not installed or used in construction after unloading shall be stored at a location approved by the Engineer. Excavated material, except that which is to be used as backfill in the adjacent trench, shall be stored at a location approved by the Engineer. Immediately after placing backfill, all excess excavated material shall be removed. 7-8.6.1 General. ADD the following: This project is subject to the requirements of General Permit No. CAS000002 issued by the State Water Resources Control Board through Order No. 2009-0009-DWQ as further amended by Order No. 2010-0014-DWQ and Order No. 2012-0006-DWQ, or as further amended, extended or replaced by applicable Order adopted by the State Water Resources Control Board. This General Permit regulates discharges of pollutants in storm water associated with construction activity (storm water discharges) to waters of the United States from construction sites that disturb one or more acres of land surface, or that are part of a common plan of development or sale that disturbs more than one acre of land surface. Contractor is not responsible for filing a Notice of Intent (NOI) for Permit coverage or a Notice of Termination (NOT) at project end. City staff will file a NOI for permit coverage and file a (NOT) at the end of the project. The Contractor shall refer RESPONSIBILITIES OF THE CONTRACTOR SPECIAL PROVISIONS - SECTION 7 - PAGE 20 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 to and comply with all of the terms of the currently adopted General Construction Permit for Storm Water Dischargers and associated resources available for review online at: http://www.waterboards.ca.gov/coloradoriver/water_issues/programs/stormwater/#constc _permit_docs 7-8.6.3 Storm Water Pollution Prevention Plan (SWPPP). DELETE in its entirety and SUBSTITUTE the following: The Contractor shall be required to prepare a Strom Water Pollution Prevention Plan (SWPPP) for this project, which shall be submitted to the Engineer for review and approval at the Pre-Construction Conference. The Contractor’s attention is directed to the California Department of Transportation (Caltrans) website at: www.dot.ca.gov/hq/construc/stormwater/manuals.htm The Caltrans website contains SWPPP templates and other important information that may be useful in the preparation of a SWPPP for public works projects. The Contractor shall ensure that the SWPPP prepared for this project complies with the requirements of General Permit No. CAS000002 and Regional Board Order No. R7-2013-0011, NPDES No. CAS 617002. Additionally the Contractor shall guarantee that the SWPPP complies with the following measures from the Regulatory Permits and Environmental Commitment Measures:  Projects shall not discharge substances in concentrations toxic to human, plant, animal, or aquatic life or that produce detrimental physiological responses.  Projects shall not discharge waste classified as a “hazardous substance” as defined in Title 22 CCR section 66261.1 et seq. and the California Water Code Section 13050;  No oil, petroleum products, or rubbish shall be allowed to enter into or be placed where it may be washed by rainfall or runoff into waters of the United States.  No equipment maintenance will be done within or near any stream channel where petroleum products or other pollutants from the equipment may enter waters of the United States.  Equipment refueling shall not occur within waters of the United States.  Any oil or grease leaks shall be immediately cleaned up. Upon approval of the SWPPP by the Engineer, the City shall submit a Notice of Intent (NOI) to the Regional Water Quality Control Board (RWQCB). Although this project is subject to General Permit No. CAS000002, the Contractor does not need to file a Notice of Intent for coverage under the State Water Resources Control Board's General National Discharge Elimination System (NPDES) Permit for Discharges of Storm Water RESPONSIBILITIES OF THE CONTRACTOR SPECIAL PROVISIONS - SECTION 7 - PAGE 21 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 Runoff Associated with Construction Activity (Statewide General Permit) provided the Notice of Intent is filed with the RWQCB, in accordance with Board Order No. R7-2013- 0011, NPDES No. CAS 617002. The Contractor shall refer to and comply with all requirements of the NPDES Permit, available for review online at: http://www.waterboards.ca.gov/coloradoriver/board_decisions/adopted_orders/orders/20 13/0011cv_ms4.pdf The Contractor shall ensure that the SWPPP is developed and amended or revised by a Qualified SWPPP Developer (QSD). The Contractor shall ensure that Best Management Practices (BMPs) within the SWPPP are implemented by a Qualified SWPPP Practitioner (QSP). To demonstrate compliance with requirements of this General Permit, the QSD shall include information in the SWPPP that supports the conclusions, selections, use, and maintenance of BMPs. The Contractor shall designate the QSD and QSP, as the case may be, as the individuals directly responsible for and implementing the SWPPP requirements, and maintenance of the documentation contained therein, during the course of construction until the project has been accepted as complete by the City. The Contractor shall keep the SWPPP at the project site and make it available for review upon request of a representative of the RWQCB or the Engineer. The Construction Superintendent shall prepare a Construction Schedule and BMP Sequencing Schedule for the project and include it into the SWPPP at the designated location. Special Note: The Contractor shall ensure it has prepared, in advance, the required SWPPP for submittal at the Pre-Construction Conference. Failure to have prepared an adequate SWPPP for submittal at the Pre-Construction Conference will delay Contractor’s start of work, however, the Notice to Proceed shall be issued and working days shall commence, regardless of construction work occurring due to the Contractor’s delay in preparing and submitting an adequate SWPPP for the Engineer’s approval. The Construction Superintendent shall prepare a Notice of Termination (NOT), included in the SWPPP, and submit it to the RWQCB following acceptance of the work by the City, but prior to final payment. Throughout the duration of the work, the Construction Superintendent shall ensure the following construction storm water monitoring actions are performed:  Conduct site inspections before and after storm events.  Conduct inspections of construction sites prior to anticipated storm events and after actual storm events to identify areas contributing to a discharge of storm water associated with construction activity, and evaluate whether control practices to reduce pollutant loadings identified in the SWPPP are adequate and properly implemented or whether additional control practices are needed. A record of the RESPONSIBILITIES OF THE CONTRACTOR SPECIAL PROVISIONS - SECTION 7 - PAGE 22 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 inspections must include the date of the inspection, the individual(s) who performed the inspection, and the observations.  Any noncompliance or anticipated noncompliance shall be reported to the Engineer immediately, for reporting to the Regional Water Quality Control Board (RWQCB). The notifications shall identify the type(s) of noncompliance, describe the actions necessary to achieve compliance, and include a time schedule, subject to the modifications by the RWQCB, indicating when compliance will be achieved. The Contractor shall maintain a copy of the General Stormwater Permit and the SWPPP at the construction site and shall make the General Stormwater Permit available to operating personnel and local, State, and Federal agencies’ representatives during construction activities. Should the Contractor elect not to have a construction field office, the Engineer will, on request, reserve filing space within the facilities for City Inspection Personnel to assist in complying with this requirement. The Contractor shall allow authorized agents of the California Regional Water Quality Control Board (Regional Board), State Water Resources Control Board, U.S. Environmental Protection Agency, and local storm water management agencies, upon the presentation of credentials and other documents as may be required by law, to: 1. Enter, at reasonable times, upon the construction site and the Contractor’s facilities pertinent to the work. 2. Have access to and copy, at reasonable times, any records that must be kept as specified in the General Stormwater Permit. 3. Inspect, at reasonable times, the construction site and related erosion and sediment control measures. 4. Sample or monitor, at reasonable times, for the purpose of ensuring compliance with the General Stormwater Permit. 5. The Contractor shall grant Regional Water Board staff, or an authorized representative, upon presentation of credentials and. other documents as may be required by law, to enter the project site at reasonable times, to ensure compliance with the terms and conditions of the WQC and/or to determine the impacts the project may have on waters of the United States. Prior to commencing work, the Contractor shall make such amendments to the SWPPP as are required to make it coincide with the Contractor’s planned operations and submit the amendments to the Engineer for approval and file. The amendments shall include an Erosion Control Plan (ECP), described in Section “Construction Project Diversion and Control of Water”, along with any plan for water pollution control measures. The amended and approved SWPPP shall be kept at the project field office. The Contractor is notified that the SWPPP must be amended from time to time during construction to reflect actual construction practices and such amendments shall be RESPONSIBILITIES OF THE CONTRACTOR SPECIAL PROVISIONS - SECTION 7 - PAGE 23 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 submitted to the Engineer within five (5) working days of the Engineer’s written request. If the Contractor plans to amend the SWPPP, due to field conditions or any other reason, he shall propose the necessary amendments to the Engineer for approval at least five (5) working days prior to implementation. The SWPPP and amendments shall not be construed to be a waiver of the Contractor’s obligation to review and understand the General Stormwater Permit before submitting a Bid. By submitting a Bid, the Contractor acknowledges satisfaction as to the requirements of the General Stormwater Permit. Payment – Full compensation for compliance with the provisions of Section 7-8.6 “Water Pollution Control,” of the Standard Specifications, and as amended by these Special Provisions, will be paid for at the bid item price for “Water Pollution Control,” which price shall include full compensation preparing a SWPPP, and for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved to establish, implement, monitor and maintain the BMP’s required by the SWPPP, and no additional compensation shall be allowed therefore. In the event there is no separate bid item for “Water Pollution Control,” payment for compliance with the provisions of Section 7-8.6 “Water Pollution Control,” of the Standard Specifications, and as amended by these Special Provisions, will be considered as included in the various bid items, and no additional payment will be allowed therefore. The Contractor shall be responsible for payment of any administrative fines that may be imposed on the City due to the Contractor’s failure to comply with the terms of the applicable permits regulating Water Pollution Control. Administrative fines, if imposed, will be withheld from the Contractor’s payments. ADD: 7-8.7 Graffiti Control. The Contractor shall maintain all Site improvements, including any temporary facilities, equipment or other materials in a graffiti free condition throughout the construction period, until acceptance of the Project by the City. Graffiti encountered on the Site shall be removed by the Contractor within 24 hours. The payment for graffiti removal shall be included in other items of Work. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. ADD the following: 1. The City reserves the right to repair damages to the City’s facilities caused by your operations at your expense. 2. You are responsible for coordinating with property owners for access to be provided to work on the private property. 3. Loop detectors must be replaced within 3 Working Days of completion of work that originally affected the original loop detectors. RESPONSIBILITIES OF THE CONTRACTOR SPECIAL PROVISIONS - SECTION 7 - PAGE 24 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 4. In any emergency affecting the safety of persons or property, you must act, at your discretion, to prevent threatened damage, injury or loss. Any change in Contract Price or Contract Time resulting from emergency work will be determined as provided in SECTION 3, “CHANGES IN WORK.” ADD: 7-9.1 Video Recording Of Pre-Existing Conditions. The Contractor shall make its own arrangements for video recording all pre-existing conditions of the Site prior to any construction. Video recording of important aspects of a construction Site shall include, but is not limited to the following: a) Property lines b) Right-of-way and easement conditions c) Utility markings d) Survey conditions. e) Pavement conditions. f) Adjacent property conditions. g) Sidewalk, median, curb, and gutter conditions. h) Safety conditions. i) Unusual conditions or equipment. j) Existing canyon conditions (including vegetation) along the pipe corridor; k) Striping The Contractor shall turn over video discs to the City immediately after recording is done in the presence of the Engineer. Disc(s) shall be submitted no later than 30 days from NTP. The Contractor shall not be entitled to any additional Working Days due to delay securing videotaping services. Unless proven otherwise via the pre-existing video records, the Contractor shall be responsible for the repair of any damage for which a Claim has been submitted. 7-9.1.1 Payment. Payment for video recording services shall be included in the various Bid items. RESPONSIBILITIES OF THE CONTRACTOR SPECIAL PROVISIONS - SECTION 7 - PAGE 25 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 ADD: 7-9.2 Placements and Removal of Markouts. Markouts shall not be placed in the public right-of-way more than 30 days prior to the commencement of excavation work perform in connection with an installation. Markouts shall be removed from all surfaces in the public right-of-way, including decorative surfaces, within 30 days of the completion of the excavation work, if the work is completed. ADD: 7-9.3 Existing Pavement Markers and Striping. The Contractor shall record the location and conditions of the existing pavement markers and striping prior to construction and submit to the Engineer in accordance with 2-5.3, “Submittals.” Permanent pavement markers and striping removed or damaged during construction shall be replaced in kind or as noted on the Drawings at the Contractor’s expense. ADD: 7-10.1.1.3 Railroad Access. The Contractor’s right to enter right-of-way owned, operated, occupied, and/or controlled by Railroad shall be subject to the absolute right of Railroad to cause the Contractor’s work to cease if, in the opinion of Railroad, Contractor’s activities create a hazard to Railroad’s patrons, employees, and operations. The Contractor shall obtain a Temporary Right of Entry Agreement from Railroad prior to entering or constructing on property owned, operated, occupied, and/or controlled by the Railroad. The Contractor shall abide by the terms of the Temporary Right of Entry Agreement. The terms of the Temporary Right of Entry Agreement shall govern if there are any conflicts with the Plans and Specifications. For work requiring coordination with the Railroad, payment for railroad liability insurance, permits, plan review, inspection, flagging, and fees shall be made at the lump sum bid item price for “Railroad Coordination,” which price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved to establish, implement, monitor and maintain railroad insurance and comply with the terms of a Temporary Right of Entry Agreement, and no additional compensation shall be allowed therefore. 7-10.2 Work Area Traffic Control. DELETE in its entirety and SUBSTITUTE the following: 7-10.2.1 Traffic Control Working Drawings. For those portions of the Work where traffic control Plans are not provided in the Contract Documents and the Special Provisions or the Plans do not require engineered traffic control plans (TCP), the Contractor shall prepare traffic control Working Drawings. The Contractor shall prepare and submit traffic control Working Drawings, in accordance with 2-5.3, “Submittals” to the Engineer. The Contractor may use any standard engineering CADD program e.g., MicroStation and AutoCAD to prepare TCP. The Working Drawings shall be of a size and scale to clearly show all necessary details. The traffic control Working Drawing shall be site-specific. Typical plans and sections will not be accepted. RESPONSIBILITIES OF THE CONTRACTOR SPECIAL PROVISIONS - SECTION 7 - PAGE 26 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 The Contractor shall allow a minimum of 20 Working Days for review of the Working Drawings. If extensive additions or corrections are required, the Engineer will return the marked-up print for corrections and re-submission. If no change or correction is required, the original Working Drawings will be retained by the Engineer. One copy, with the Traffic Control Plan (TCP) approval will be returned to the Contractor. No extension of time will be allowed as a result of the Contractor’s failure to properly produce traffic control Working Drawings and to schedule the Work. 7-10.2.2 Engineered Traffic Control Plans Provided by the Contractor. If the Contract Documents require engineered TCP, the Contractor shall submit “D” sheet TCP’s in accordance with 2-5.3, “Submittals.” The engineered TCP shall be prepared by a Professional Engineer (i.e., Traffic or Civil) registered in the State of California. The drawings shall be prepared with Computer Aided Design and Drafting (CADD) standards. The Contractor may use any standard engineering CADD program e.g., MicroStation and AutoCAD to prepare TCP. TCP shall be site specific. Typical plans and sections will not be accepted. The Contractor shall coordinate with the Engineer for the development and approval of the TCP. A Traffic Control Approach shall be approved by the City prior to the Contractor preparing the TCP. TCP shall be prepared in accordance with the Traffic Control Approach. The Contractor shall allow a minimum of 20 Working Days for City’s review of each TCP submitted in accordance with 2-5.3, “Submittals.” If extensive additions or corrections are required, the Engineer will return the marked-up print for corrections and re-submission. If no changes or corrections are required, the original engineered drawings will be retained by the Engineer. One copy will be returned to the Contractor. No extension of time will be allowed as a result of the Contractor’s failure to properly produce TCP and to schedule the Work. Architects and Engineers Professional Insurance in accordance with 7-3.10, “Architects and Engineers Professional Insurance (Errors and Omissions Insurance)” shall be required for Work including engineered “D” size TCP by the Contractor. 7-10.2.3 Traffic Control Permit. The Work shall not begin in the public roadway without the approved traffic control encroachment permit. The traffic control plans, including any as part of the Plans or developed by the Contractor, are not valid until Work dates are approved and a traffic control encroachment permit is issued by the City. The Contractor shall coordinate the traffic control permit application submittal with the Work so that no items of Work will be delayed. To obtain a traffic control permit, the Contractor shall call the Engineer for an appointment a minimum of 2 Working Days prior to starting Work (5 Working Days when the Work will affect a traffic signal). The Contractor shall provide 2 copies of the traffic control drawings as provided in the Contract Documents or prepared by the Contractor at the time of the appointment. Upon approval of the Contractor’s plans, the Engineer will issue the permit. RESPONSIBILITIES OF THE CONTRACTOR SPECIAL PROVISIONS - SECTION 7 - PAGE 27 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 7-10.2.4 Traffic Control Devices. The Contractor shall furnish, install, and maintain the traffic control devices as shown on the traffic control permit and approved TCP’s, and any additional traffic control devices as may be required to ensure the safe movement of vehicles and pedestrians, and to provide for the safety of construction workers. The Contractor shall maintain existing traffic control signs and traffic signals in their proper location on temporary mounting supports until permanent signs or signals are restored. The Contractor shall use traffic control devices in accordance with the latest California MUTCD (Manual on Uniform Traffic Control Devices). The name of the Contractor or Supplier who owns the traffic control devices shall be clearly noted on each device. Barricades used at night shall be equipped with flashing lights. Signs used at night shall be reflectorized with a material that has a smooth, sealed outer surface, or illuminated to show approximately the same shape and color day and night. Internally or externally illuminated signs shall be used where there is significant interference from extraneous light sources and reflectorized signs will not be effective. External light sources shall be properly shielded to protect drivers from glare. Street lighting is not adequate for sign illumination. Street closures, detours, barricades lights, other safety devices shall conform to current requirements covering “signs” as set forth by Caltrans. The Contractor shall maintain, whether shown on the plan or not, existing traffic control signs or signals in their proper location on temporary mounting supports until permanent signs or signals are restored. Traffic control devices shall conform to the following unless otherwise shown on the traffic control permit: a) The working hours shall be between 7:00 A.M. and 4:00 P.M. if construction is to be performed in phases; all work shall be completed in each phase prior to beginning work on the next phase. Approval of traffic drawings for hours outside of these does not constitute a guarantee that inspection will be available in accordance with 2-11, “INSPECTION.” b) Equipment, material, or debris shall not be stored or remain in the public right-of-way without prior approval by the Engineer. c) Travel lanes shall be 12’ wide, minimum. For lane closures on roadways with bike lanes, the rightmost travel lane shall be fourteen 14’ wide, minimum. d) Flashing arrow boards shall be used when the posted speed is 40 mph or more, or when curvature of the roadway limits visibility. e) The Contractor shall maintain cross traffic and turning moves at the intersections. f) Trenches shall be backfilled or trench-plated at the end of each work day. An asphalt ramp shall be placed around each trench plate to prevent the plate from being RESPONSIBILITIES OF THE CONTRACTOR SPECIAL PROVISIONS - SECTION 7 - PAGE 28 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 dislodged. Upon completion of excavation backfill, the Contractor shall provide a satisfactory surface for traffic. Portable concrete barrier (K-rail), additional noticing, and other items may be required when trenching cannot be secured overnight by backfilling or trench-plating. g) The Contractor shall repair or replace traffic control devices, loop detectors, and traffic signal equipment damaged or removed as a result of operations and not designated for removal. Repairs and replacements shall be equal to existing improvements. Loop detectors shall be replaced within 3 Working Days of work that originally affected the original loop detectors. h) The Contractor may use the parking lane while working next to the curb. The Contractor shall post “TOW-AWAY/NO PARKING” signs 24 hours in advance for temporary parking removal. Signs shall indicate specific days, dates, and times of restrictions. If violations occur, the Contractor shall call Police Dispatch (760) 323- 8116 to enforce the Tow-Away notice. i) The Contractor shall provide for a safe 4-foot wide pedestrian walkway along entire length of construction area. j) Access to private property shall be maintained to the greatest extent practicable. The Contractor shall minimize the time periods that driveways will be closed, and shall minimize inconvenience to the driveway users. When a driveway or pedestrian access is to be closed, the Contractor shall notify the property owner and tenants a minimum of 5 Working Days prior to closure, and shall explain to the owner or occupant when the closure is to start and how long the Work will take. The Contractor shall obtain the Engineer’s approval of the notice format prior to notice release. k) The Contractor shall post signs notifying the public a minimum of 5 Working Days prior to closure, or detour, of streets. l) The Contractor shall maintain full width of all traffic lanes of the existing roadway during non-working hours and on Saturday, Sunday, designated holidays, and when construction operations are not actively in progress on Working Days. The Contractor shall keep the streets in and adjacent to the construction area clean. m) When constructing a new roadway, the Contractor is to install and maintain Type III barricades with flashing yellow lights and “Road Closed” signs, chain link fences, or both until the new or improved roadway is accepted by the Engineer. The Contractor shall notify Sunline Transit Agency at (760) 343-3456, a minimum of 5 Working Days prior to excavation, construction, or traffic control affecting bus stops. The Contractor shall submit proposed changes to and deviations from the traffic control plan permit for the Engineer’s approval. Prior to implementation, the Engineer will observe the implementation of traffic control plans and reserves the right to require the Contractor to make changes as field conditions warrant. The Engineer may approve the RESPONSIBILITIES OF THE CONTRACTOR SPECIAL PROVISIONS - SECTION 7 - PAGE 29 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 changes to the traffic control plan permit or if directed in writing by the Engineer, the Contractor shall call the Engineer for an appointment, to request a revision to the traffic control plan permit. Such changes shall supersede the original traffic control plan permit. 7-10.2.5 Traffic Control for Resurfacing and Slurry Sealing. Temporary reflective pavement markers shall be placed on all roadways with painted centerline immediately upon completion of the resurfacing or slurry sealing and shall be removed only for new permanent pavement striping. 7-10.2.6 Traffic Control Signs and Notices for Resurfacing and Slurry Sealing. The Contractor shall provide the Engineer at the Pre-Construction Meeting “NO PARKING - TOW-AWAY ZONE” signs for the resurfacing and/or slurry seal portion of the Work. The Contractor shall furnish the “NO PARKING - TOW-AWAY ZONE” signs and pedestals for posting on sidewalks and streets. The “NO PARKING - TOW-AWAY ZONE” signs shall be mounted on suitable pedestals, such as tripods and barricades. Signs shall be posted every 50’ on both sides of the block affected by the proposed resurfacing, slurry sealing, or both. The Contractor shall affix to each “NO PARKING - TOW-AWAY ZONE” sign cards with 2-inch high letters stating the day(s) of the week parking is prohibited, as well as the Contractor’s company name and telephone number. The “NO PARKING - TOW-AWAY ZONE” signs shall be removed immediately following the completion of the resurfacing, slurry sealing, or both. For each street block segment scheduled for slurry sealing or resurfacing, the posted parking prohibition shall be for 2 consecutive Working Days. The Contractor shall schedule the slurry sealing on the first posted Working Day, unless approved by the Engineer. The second posted Working Day shall be reserved for emergency work, and may be used only with the approval of the Engineer. Street block segments which are not completed by the second posted Working Day shall be rescheduled. “NO PARKING - TOW-AWAY ZONE” signs shall be placed no less than 48 hours in advance and no more than 72 hours in advance of the scheduled slurry sealing. Street block segments which are not completed by the last posted Working Day shall be rescheduled. If a Work delay of 48 hours or more occurs from the originally scheduled Work date, the “NO PARKING - TOW-AWAY ZONE” signs shall be removed for a minimum of 24 hours, then reset and re-posted for the appropriate Work date. The Contractor shall furnish and distribute door hanger notices in sufficient quantities to advise the general public of the scheduled parking prohibitions. The Contractor shall include the company name and telephone number on each door hanger notice. The Engineer shall approve the format of the door hanger notice prior to its distribution. The door hanger notices shall be left on or at the front door of each dwelling and apartment unit and at each tenant of commercial buildings abutting each of the street block segments to be slurry sealed or resurfaced. Where the front doors of apartment units are inaccessible, door hanger notices shall be distributed to the apartment manager or security officer. The Contractor shall deliver copies of the door hanger notice to a responsible party of commercial buildings, schools, hospitals, churches, and other public RESPONSIBILITIES OF THE CONTRACTOR SPECIAL PROVISIONS - SECTION 7 - PAGE 30 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 buildings. Door hanger notices shall be distributed no less than 48 hours in advance and no more than 72 hours in advance of the scheduled resurfacing. 7-10.2.7 Measurement and Payment. Payment for traffic control Working Drawings, “D” size TCP, and permits shall be considered as included in the payment made for “Temporary Traffic Control,” and no additional payment will be allowed therefore. In the event there is no separate bid item for “Temporary Traffic Control,” payment for traffic control Working Drawings, “D” size TCP, and permits shall be considered as included in the various bid items, and no additional payment will be allowed therefore. Payment for traffic control devices and any required signs and notices, shall be considered as included in the payment made for “Temporary Traffic Control,” and no additional payment will be allowed therefore. In the event there is no separate bid item for “Temporary Traffic Control,” payment for any required signs and notices shall be considered as included in the various bid items, and no additional payment will be allowed therefore. Traffic control devices which may be required by the City, not included as separate Bid items, shall be included in any compensation made for “Temporary Traffic Control.” If no Bid item is provided, payment for traffic control devices shall be included in the various items of Work. When included in the Bid proposal, the following traffic control devices will be measured and paid separately: a) K-rail will be measured and paid for per linear foot along the top of the rail per location. Maintaining, repairing, replacing, and removing the K-rail, excavation and backfill, drilling holes and grouting threaded rods or dowels when required, removing threaded rods or dowels and filling drilled holes with mortar, and moving and replacing removable panels as required, complete in place, as shown on the Plans, and in accordance with these specifications and the Special Provisions shall be included in the Bid item for K-rail. b) Crash cushion modules will be measured per each individual module (barrel), on a one-time basis, for each location shown on the plans. Maintaining, repairing, replacing, and removing the modules, complete in place, as shown on the Plans and in accordance with these specifications and the Special Provisions shall be included in the Bid item for Crash Cushion Modules. c) Maintaining, repairing, replacing, and removing the flashing arrow boards and electronic message signs, complete in place, as shown on the plans, and in accordance with these Specifications and the Special Provisions shall be included in the lump sum Bid item for Flashing Arrow Boards and Electronic Message Signs. Flashing arrow boards and electronic message signs shall be available for use 24 hours per day as required, without any additional payment for time or number of locations unless otherwise required for changed conditions. RESPONSIBILITIES OF THE CONTRACTOR SPECIAL PROVISIONS - SECTION 7 - PAGE 31 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 ADD: 7-10.4.1.3 Health and Safety Plan. The Contractor bears the ultimate responsibility for the health and safety of its employees. These specifications shall not be construed to limit the Contractor's liability nor to assume that the City, its employees or designate, will assume any of the Contractor's liability associated with Site safety considerations. The Contractor shall have a health and safety plan in effect prior to commencement of Work. The plan shall meet all OSHA and other applicable requirements. The plan shall specifically address procedures and protocols that will be followed to monitor for the presence of hazardous atmosphere, possibility for engulfment, gasses due to organic soils or proximity to landfills, exposure to hazardous products such as may be released when grinding, cutting, or torching galvanized or painted surfaces, contaminated soil, and groundwater, and identify response actions that will be taken when these conditions are encountered. This plan shall be provided to the Engineer at least one week before any construction activities begin. The City will not assume any role in determining the adequacy of the plan on behalf of the Contractor. ADD: 7-10.4.1.4 Reasonable Precautions. The Contractor shall take reasonable precautions for the Safety of, and shall provide reasonable protection to prevent damage, injury, or loss to: a) Workers and other persons who may be affected thereby; b) The Work and materials and equipment to be incorporated therein, whether in storage on or off the Site under care, custody or control of the Contractor; and c) other property at the Site or adjacent thereto, e.g., trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of the Construction Work. ADD: 7-10.4.1.5 Safeguards. The Contractor shall erect and maintain, as required by existing conditions and performance of the Work, reasonable safeguards for Safety and protection, including posting danger signs and other warnings against hazards, promulgating Safety regulations and notifying owners and users of adjacent sites and utilities, and shall comply fully with the requirements of State and/or Federal OSHA. ADD: 7-10.4.1.6 Security. The Contractor shall furnish and install all necessary facilities to provide safe means of access to all points where Work is being performed. The Contractor shall take all precautions and measures as may be reasonably necessary to secure the Site, the Project, and the Work at all hours, including evenings, Holidays and non-work hours. Such precautions may include provision of security guards. The payment for security shall be included in the various Bid items. ADD: 7-10.4.1.7 Emergencies. If an emergency arises or appears imminent which may affect the Safety of persons or property, the Contractor shall act immediately to prevent and mitigate actual or threatened damage, injury or loss. Additional costs or extensions of time claimed by the Contractor on account of an emergency not caused by the fault or neglect of the Contractor shall be determined as Extra Work. RESPONSIBILITIES OF THE CONTRACTOR SPECIAL PROVISIONS - SECTION 7 - PAGE 32 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 7-10.4.2.1 General. Add the following paragraph: The Contractor shall comply fully with the requirements of §1717 of the Construction Safety Orders, State Department of Industrial Relations, regarding the design of concrete forms, falsework and shoring, and the inspection of same before the placement of concrete. Where the said §1717 requires the services of a civil engineer registered in the State to approve design calculations and working drawings of the falsework or shoring system, or to inspect such system prior to placement of concrete, the Contractor shall employ a registered civil engineer for these purposes, and all costs therefore shall be included in the price named in the Contract for completion of the Work as set forth in the Contract Documents. ADD: 7-10.4.2.2.3 OSHA/Cal OSHA Citations. The Contractor shall indemnify the City against fines, reasonable attorneys’ fees, and defense costs resulting from citations issued to the City by either the federal, state, or local safety enforcement agencies due to the Contractor’s failure to abide by applicable Safety and health standards. ADD: 7-10.6 Playground Safety. The Contractor shall provide a secured fence around the playground to prevent use or access. The fence shall not be removed until the independent Playground Safety Audit has been done by the Contractor and the City and the City has accepted the playground design and installation and the punchlist items have been completed. The Contractor shall provide a certification by a National Playground Safety Institute (NPSI) certified playground inspector that the installed equipment is compliant with all applicable codes. The payment for fencing around the playground and the playground safety audit shall be included in the other Bid items unless a Bid item has been provided. ADD: 7-10.7 Temporary Project Signs. 7-10.7.1 Project Identification Sign. Work specified in this section includes providing all materials and performing all operations to fabricate, install, modify and/or relocate Project Information Sings, and as specified in these Special Provisions. Submit a shop drawing for all sign panels, and the Manufacturer’s data for the Sign Panels. MATERIALS A. Project Information Signs shall be constructed per Caltrans specifications for aluminum single sheet and laminated panel signs. These specifications may be obtained from Caltrans Office of Business Management, Material Operations Branch, 1900 Royal Oaks Drive, Sacramento, CA 95815. RESPONSIBILITIES OF THE CONTRACTOR SPECIAL PROVISIONS - SECTION 7 - PAGE 33 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 B. Color of signs, panels and lettering shall be as indicated on the drawing in Appendix II of these specifications. C. Sign Posts shall be constructed of wood and shall conform to the provisions of section 56-2.02B, Caltrans. D. Mounting Hardware shall be furnished by the Contractor and shall conform to the provisions of section 56-2.02D, Caltrans. E. To properly provide for changing traffic conditions, the Contractor shall be prepared to furnish or short notice (within 48 hours) additional sign panels, posts and mounting hardware. The Contractor shall make arrangements with a supplier who is able, on a daily basis, to furnish such items on short notice. INSTALLATION A. For this contract, One Project Information Sign shall be installed, relocated or modified as directed by the City Engineer and shall conform to the provisions of sections 56-2.03, and 56-2.04, Caltrans. B. All signs shall have breakaway features as detailed in Standard Plan RS2, “Roadside Sign Details,” Caltrans. C. Signs to be removed and/or relocated as directed by the City Engineer shall be installed at the new location on the same day said sign is removed from its previous location. D. The location of each sign shall be as directed by the City Engineer or his designee. Project information sign should be installed in a way to have bottom of sign at least 7ft above the ground. The project information signs shall be erected five (5) working days prior to the start of work. The Contractor shall revise all misspellings and any other corrections on the sign at no extra cost to the City. Upon completion of the project, the Contractor shall remove and dispose of the Project Information Signs. 7-10.7.2 Payment. Payment for Project Identification Signs shall be considered as included in the lump sum price paid for “Construction Project Identification Sign,” and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved in construction of this items and no additional compensation will be allowed therefore. RESPONSIBILITIES OF THE CONTRACTOR SPECIAL PROVISIONS - SECTION 7 - PAGE 34 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 7-10.5.3 Steel Plate Covers. DELETE in its entirety and SUBSTITUTE the following: The Contractor shall secure approval, in advance, from authorities concerned for the use of any bridges proposed by it for public use. Transverse or longitudinal cuts in the right-of-way that cannot be properly completed within a workday shall be protected by structural steel plate bridging in such a way as to preserve unobstructed traffic flow. Structural steel plates placed over surface voids, such as trenches and other areas to be protected in the public right-of-way shall conform to the following: a. Un-restored voids, trenches, holes, excavations, etc., that are in the pedestrian or traveled way shall be protected through the use of adequately designed barricades and structural steel plates that will support legal vehicle loads. b. Structural steel plate bridging shall be designed for HS 20-44 truck loading in accordance with Caltrans Bridge Design Specifications Manual. See Table 1 - Trench Width / Minimum Plate Thickness. c. Steel plates used for bridging shall extend a minimum of 12” (300mm) beyond the edges of the trench. d. Plates shall provide complete coverage to prevent any person, bicycle, motorcycle or motor vehicle from being endangered due to plate movement causing separations or gaps. Plates shall be installed with the plate laid in reasonably flat plane and all vertical edges transitioned with asphaltic cold-mix or other acceptable ramping device(s) acceptable to the City. e. Fine graded asphalt concrete shall be compacted to form ramps with a maximum slope of 8.5% and a minimum of 12” (300mm) taper to cover all edges of the steel plates. f. Structural steel plates shall have a skid-resistant surface. g. When steel plates are removed, any damage to the pavement shall be repaired with either graded fines of asphalt concrete mix, asphaltic cold mix, concrete slurry or equivalent slurry satisfactory to the Engineer. h. The Contractor shall be responsible for maintenance of the structural steel bridging plates, shoring and asphalt concrete ramps. i. The trench shall be adequately shored to support the bridging and traffic loads. j. Steel Plate Bridging shall be secured against movement or displacement by using adjustable cleats, shims, welding, or other devices, and shall be installed to in a manner that will minimize noise. RESPONSIBILITIES OF THE CONTRACTOR SPECIAL PROVISIONS - SECTION 7 - PAGE 35 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 When steel plates are placed within the public right of way: a) The Contractor's name and 24-hr phone number shall be visible, legible and permanently affixed on each plate or, b) The Contractor shall erect sign(s) in the immediate area of the trench plate(s) identifying the Contractors name with a 24-hr phone number. The minimum height of letters and numbers shall be two inches. The Contractor shall immediately mobilize necessary personnel and equipment after being notified by the Engineer or the City's emergency service section of a repair needed. This includes, but is not limited to, plate anchors, cold-mix, asphalt concrete to transition/ramp from the existing roadway or sidewalk to the plate surface and back down. Failure to respond to the emergency request within two hours will be grounds for the City repairs that will be invoiced at actual cost including overhead or $500 per incident, whichever is greater. All Traffic Control Plans currently require prompt repairs of steel plating by the Contractor. Lack of Contractor conformance may be automatic grounds for suspension of their permit, Contract, or both. The following table shows the required minimal thickness of steel plate bridging required for a given trench width: Table 1 - Trench Width / Minimum Plate Thickness Trench Width Minimum Plate Thickness 10" (0.25 m) 1'-11" (0.58 m) 2'-7" (0.80 m) 3'-5" (1.04 m) 5'-3" (1.6 m) 1/2" (13 mm) 3/4" (19 mm) 7/8" (22 mm) 1" (25 mm) 1 1/4" (32 mm) Note: For spans greater than 5’-3" (1.6 m), a structural design shall be prepared by a California Registered Civil Engineer and approved by the City. A Rough Road sign (W33) with black lettering on an orange background may be used in advance of structural steel plate bridging. Payment for steel plate bridging shall be included in the various Bid items unless a Bid Item has been provided for steel plate bridging. RESPONSIBILITIES OF THE CONTRACTOR SPECIAL PROVISIONS - SECTION 7 - PAGE 36 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 7-12 ADVERTISING. ADD the following: Any advertisement referring to the City as a user of a product, material, or service by the Contractor or any Subcontractor and Supplier is expressly prohibited without prior written approval of the City. Any advertisement referring to the City as a user of a product, material or service by the Contractor or any Subcontractor and Supplier is expressly prohibited without prior written approval of the Mayor or designee. 7-13 LAWS TO BE OBSERVED. ADD the following: The Contractor shall give the notices required by law and comply with all laws, ordinances, rules and regulations pertaining to the conduct of the Work. The Contractor shall be liable for violations of the law in connection with Work provided by the Contractor. If the Contractor observes that the Plans, Specifications, or other portions of the Contract Documents are at variance with any laws, ordinances, rules or regulations, he shall promptly notify the Engineer in writing of such variance. The City will promptly review the matter and, if necessary, shall issue a Change Order or take any other action necessary to bring about compliance with the law, ordinance, rule or regulation in questions. The Contractor agrees not to perform work known to be contrary to any laws, ordinances, rules or regulations. ADD: 7-13.1 Environmental & Safety Laws. Following is not an exhaustive list of the laws to be complied with by the Contractor. It is a partial list of some specific laws that the Contractor shall be aware of and comply with. They are added here for convenience as follows: a) Environmental Protection Agency regulations (40 CFR, Part 15). b) Clean Air Act of 1970, e.g., §306 (42 U.S.C. 7606), Executive Order 11738, prohibiting contracting with Clean Air Act violators; and §§608 and 609 (42 U.S.C. 7671g, 7671h) as amended November 15, 1990, prohibiting the intentional release of chlorofluorocarbons into the environment when performing Work. c) Clean Water Grant Program Bulletin 76A which augments the National Historic Preservation Act of 1966 (16 U.S.C. 470) as specified under §[01560], "Temporary Environmental Controls" of the General Requirements. d) CAL OSHA 5189 “Process Safety Management,” CAL OSHA 3220 “Emergency Action Plan,” Federal OSHA 29, CFR 1910, facilities Process Safety Management (PSM) manual, and the City’s Risk Management Plan. e) Flood Disaster Protection Act of 1973 (42 USC 4001 et seq, as amended). RESPONSIBILITIES OF THE CONTRACTOR SPECIAL PROVISIONS - SECTION 7 - PAGE 37 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 f) Senate Bill 198 and specifically shall have a written Injury Prevention Program on file with the City in accordance with all applicable standards, orders, or requirements of California Labor Code, §6401.7. This Program shall be submitted to the Engineer at the preconstruction meeting. g) State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163) as set forth in Division 15 of the Public Resources Code of the State. ADD: 7-13.2 Nondiscrimination. The Contractor shall comply with all applicable federal, state and local laws; ordinances, rules, statutes, orders, regulations, or other legal requirements of California; the California Fair Employment and Housing Act; those Laws prohibiting discrimination, on account of race, religion, color, sex, age, marital status, ancestry, national origin, sexual orientation, gender identity, physical or mental disability, or medical condition, e.g.,: zoning, environmental, building, fire and safety codes and coverage, density and density ratios and lien laws existing as of the date of the execution of this contract. The Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry, national origin, sexual orientation, gender identity, physical or mental disability, or medical condition. The Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, age, marital status, ancestry, sexual orientation, gender identity, gender expression, physical or mental disability, medical condition, or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall: 1. Establish or observe employment policies, which affirmatively promote opportunities for minority persons at all job levels. 2. Communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large. 3. Take affirmative steps to hire minority employees within the company. ADD: 7-15 INDEMNIFICATION. 7-15.1 General. The Contractor shall defend, indemnify, and save harmless the City, including its officers, employees, and agents from any and all claims, demands, causes of action, damages, costs, expenses, actual attorneys' fees, losses or liabilities, in law or in equity arising out of or in connection with your performance of this Contract for: RESPONSIBILITIES OF THE CONTRACTOR SPECIAL PROVISIONS - SECTION 7 - PAGE 38 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 1. Bodily injury including, but not limited to, bodily injury, sickness or disease, emotional injury or death to persons, including, but not limited to, the public, any employees or agents of you, the City, or any other contractor; and 2. Damage to property of anyone including loss of use thereof; caused or alleged to be caused in whole or in part by any negligent or otherwise legally actionable act or omission of you or anyone directly or indirectly employed by you or anyone for whose acts you may be liable. Except as otherwise provided by law, these requirements apply regardless of the existence or degree of fault of the City. The Contractor is not obligated to indemnify the City for claims arising from conduct delineated in Section 2782 of the California Civil Code. The Contractor’s defense and indemnity obligation shall extend to claims arising after the work is completed and accepted if the claims are directly related to alleged acts or omissions by the Contractor that occurred during the course of the Work. Any inspection of the Work by the City is not a waiver of full compliance with these requirements. The Contractor’s obligation to defend and indemnify is not excused because of the Contractor’s inability to evaluate liability or because the Contractor evaluates liability and determines that the Contractor is not liable. The Contractor must respond within 30 days to the tender of any claim for defense and indemnity by the City, unless this time has been extended in writing by the City. Failure to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, the City may withhold such funds the City reasonably considers necessary for its defense and indemnity until disposition has been made of the claim or until the Contractor accepts or rejects the tender of defense, whichever occurs first. With respect to third-party claims against the Contractor, the Contractor shall agree to waive all rights of any type to express or implied indemnity against the City, its officers, employees, or agents. Nothing in the contract is intended to establish a standard of care owed to any member of the public or to extend to the public the status of a third-party beneficiary for any of these indemnification specifications. 7-15.2 Responsibility to Other Entities. The Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person, including workers and the public, or damage to property. The Contractor shall indemnify and save harmless any county, other city, governmental agency, or special district, and its officers and employees, connected with the Work, all in the same manner and to the same extent specified for the protection of the City. 7-15.3 Indemnification Agreement. The provisions of this Section 7-15 shall be incorporated as part of the contract, and Contractor shall be bound as follows: To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, RESPONSIBILITIES OF THE CONTRACTOR SPECIAL PROVISIONS - SECTION 7 - PAGE 39 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Contractor’s employees included), for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor’s performance under the contract. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in the Special Provisions be construed to limit Contractor’s indemnification obligation or other liability under the contract. Contractor’s indemnification obligation shall survive the completion of the Work or earlier termination of the contract until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to the contract. ADD: 7-16 CONFLICT OF INTEREST. The Contractor shall establish and make known to its employees appropriate safeguards to prohibit employees from using their positions for a purpose that is, or gives the appearance of being, motivated by desire for private gain for themselves or others, particularly those with whom they have family, business, or other relationships. Project personnel shall not accept gratuities or any other favors from Subcontractors or potential Subcontractors. The Contractor shall be subject to all federal, state and local conflict of interest laws, regulations, and policies applicable to public contracts and procurement practices, e.g., California Government Code §§1090, et. seq., and 81000, et. seq. If, in performing the Services and/or Work set forth in this contract, the Contractor makes, or participates in, a “governmental decision” in accordance with title 2, §18701(a)(2) of the California Code of Regulations, the Contractor shall be subject to a conflict of interest code requiring the completion of one or more statements of economic interests disclosing the Contractor’s relevant financial interests. Statements of economic interests shall be made on Fair Political Practices Commission Form 700 and filed with the City Clerk. The Contractor shall file a Form 700 (Assuming Office Statement) within 30 days of the City’s written determination that the Contractor shall be subject to a conflict of interest code. The Contractor shall file a Form 700 (Annual Statement) on or before April 1, disclosing any financial interests held during the previous calendar year for which the Contractor was subject to a conflict of interest code. The Contractor’s personnel employed on the Project shall not accept gratuities or any other favors from any Subcontractors or potential Subcontractors. The Contractor shall not recommend or specify any product, supplier, or contractor with whom the Contractor has a direct or indirect financial or organizational interest or relationship that would violate conflict of interest laws, regulations, or policies. RESPONSIBILITIES OF THE CONTRACTOR SPECIAL PROVISIONS - SECTION 7 - PAGE 40 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 The Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. The Contractor warrants that it has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. If the Contractor violates any conflict of interest laws or any of these conflict of interest provisions, the violation shall be grounds for immediate termination of this Contact. Further, the violation subjects the Contractor to liability to the City for all damages sustained as a result of the violation. ADD: 7-17 COMMUNITY LIAISON. If required by the Engineer, the Contractor shall retain a community liaison representative throughout the Contract Time. The representative shall closely coordinate Work with the businesses, institutions and residents impacted by the Project. Duties shall include, but not be limited to, notification to the businesses, institutions and residents of the commencement of construction activities not less than 5 Working Days in advance, coordination of access for vehicular and pedestrian traffic to businesses, institutions and residences impacted by the Project, response to community questions and complaints related to the Contractor’s activities, reporting of liaison activities at all Project progress meetings scheduled by the Engineer, attendance to the Project pre-construction meeting, and attendance at 2 community meetings. The Contractor shall present their community liaison representative to the City, in writing, within 15 days of the award of the Contract. 7-17.1 Payment. The payment for the community liaison shall be included in the various Bid items. ADD: 7-18 NEWSLETTER. When required in the Special Provisions one week before the end of every month, the Contractor shall submit to the City a written update on the progress of work, a 1 month look-ahead schedule, contact names and phone numbers, and any other information which may be of interest to the public. The City will utilize this information to create and distribute a newsletter the first of every month. Payment for the Newsletter shall be included in the various Bid items. ADD: 7-19 PATENTS, TRADEMARKS, AND COPYRIGHTS. The Contractor shall pay, at no additional cost to the City, all applicable royalties and license fees on any and all matters arising in connection with the Work. The Contractor shall defend all suits or claims for infringement of patent, trademark, and copyrights against the City and any other Indemnified Parties, and shall save the City and any other Indemnified Parties harmless from loss on account thereof for any and all matters arising in connection with the Work on the Project, such costs to be paid at no additional cost to the City, except with respect to any particular design process or the product of a particular manufacturer or manufacturers specified and required by the City, other than pursuant to the RESPONSIBILITIES OF THE CONTRACTOR SPECIAL PROVISIONS - SECTION 7 - PAGE 41 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 recommendation or suggestion of the Contractor; provided however, if the Contractor has reason to believe that the design, process or product so specified is an infringement of a patent, the Contractor shall be responsible for any loss resulting unless the Contractor has provided the City with prompt written notice of the Contractor's belief, and the City has nevertheless elected to go forward with such design, process or product so specified. - END OF SECTION – FACILITIES FOR AGENCY PERSONNEL SPECIAL PROVISIONS - SECTION 8 - PAGE 1 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 SECTION 8 - FACILITIES FOR AGENCY PERSONNEL For this contract, the provision of Section 8 of the Standard Specifications shall not apply. - END OF SECTION - MEASUREMENT AND PAYMENT SPECIAL PROVISIONS - SECTION 9 - PAGE 1 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 SECTION 9 – MEASUREMENT AND PAYMENT ADD: 9-1.4 Final Pay Items. For bid items noted as a final pay item, “(F)”, on the Bid Schedule, the Contractor shall accept payment based on the Bid Item as a final unadjusted quantity, regardless of the actual final quantity used or otherwise required for that item, unless the dimensions of the work are changed by the Engineer. The Contractor is required to confirm the measurement of any final pay item at the time of bidding, and to incorporate in its bid item price the total cost of the work associated with the final pay item, reflective of the Contractor’s independent measurement and the quantity noted in the Bid Schedule. No additional payment will be allowed for final pay items in the event the quantity identified in the Bid Schedule is less than the quantity actually required to complete the work as identified in the project drawings. ADD: 9-2.1 Schedule of Values (SOV). Within 10 days of execution of this contract, the Contractor shall submit for the City’s review and approval an SOV for the lump sum Bid items of the Work. The Schedule of Values will: a) Subdivide the Work into its respective parts, b) Include values for all items comprising the Work, and c) Serve as the basis for monthly progress payments made to the Contractor throughout the Work. The City shall be the sole judge of acceptable numbers, details, and description of values established. If, in the opinion of the City, a greater number of SOV items than proposed by the Contractor are necessary, the Contractor shall add the additional items so identified by the City. When requested by City, the Contractor shall provide substantiating data in support of scheduled values. The Contractor shall incorporate the SOV into the cost loading function of the Schedule in accordance with 6-1, “CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK.” Monthly progress payment amounts for Lump Sum items shall be determined from the monthly updates of the Schedule activities. The SOV shall be developed independent but simultaneous with the development of the Schedule activities and logic. The SOV shall incorporate phase funding impacts, if applicable. The Work not specifically included in the Bid shall be broken down as necessary for establishment of cost and Schedule activity. Following acceptance of the SOV, the Contractor shall incorporate the changes (if any) into the cost loading portion of the Schedule. Where coordination of the Schedule and the SOV requires changes made to one or both documents, the Contractor shall propose changes to the SOV and to the Schedule activities to satisfy the Schedule cost loading requirements. Changes to the Schedule which add activities not included in the original Schedule but included in the original Work (schedule omissions) shall have values assigned as MEASUREMENT AND PAYMENT SPECIAL PROVISIONS - SECTION 9 - PAGE 2 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 accepted by the City. Other activity values shall be reduced to provide equal value adjustment increases for added activities as accepted by the City. In the event that the Contractor and the City agree to make adjustments to the original SOV because of inequities discovered in the original accepted SOV, increases and equal decreases to values for activities may be made. Payment for the preparation of the SOV shall be included in the various Bid items. 9-3.1 General. DELETE the tenth paragraph in its entirety and SUBSTITUTE the following: At the expiration of 30 days from the date of filing the NOC with the County Recorder and upon receipt by the Engineer of a fully executed Release of Claims, the amount deducted from the final estimate, and retained by the City, will be processed for payment to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, as may be authorized by the Contract to be further retained or as otherwise required by law. Payment shall be made in accordance with the City’s regular accounts payable cycle. Acceptance by the Contractor of Final Payments shall be and shall operate as a release to the City of all claims in stated amounts that may be specifically excepted by the Contractor for things done or furnished in connection with this Work and for every act and neglect of the City and others related to or arising out of this Work. Payment by the City shall not release the Contractor or its Surety from any obligation under Contract or under the performance bond and payment bonds. 9-3.2 Partial and Final Payment. DELETE the second and third paragraphs and SUBSTITUTE with the following: From each progress estimate, an amount (Retention) not less than 5% of the completed Work will be deducted and retained by the City. The City will withhold not less than 5% of the Contract Price until Final Acceptance of the Project. After 50% of the Work has been completed and if progress on the Work is satisfactory, the total retention held may be limited to 5% of the first half of Contract Price. ADD the following: Partial payments made after the Contract completion date will reflect the amount withheld for liquidated damages as required by 6-9, “LIQUIDATED DAMAGES.” Any such partial payments made to the Contractor, or its Sureties, will not constitute a waiver of the City's liquidated damages. Pursuant to California Public Contract Code §22300, the Contractor has the option, at its expense, to substitute for any money withheld by the City, securities equivalent to the amount being withheld. Securities eligible for such substitution are bank or savings and loans certificates of deposit or such securities which are eligible for investment pursuant MEASUREMENT AND PAYMENT SPECIAL PROVISIONS - SECTION 9 - PAGE 3 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 to Government Code §16430. As to any such security or securities so substituted for monies withheld, the Contractor shall be the beneficial owner of same and shall receive any interest thereon. Such security shall, at the request and expense of the Contractor, be deposited with the City or with a State or Federally Chartered bank as the escrow agent who shall pay such monies to the Contractor upon notification by the City that payment can be made. Such notification will be given at the expiration of 60 days from the date of acceptance of the work, or as prescribed by law, provided however, that there will be a continued retention of the necessary securities to cover such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained, or as otherwise required by law. Neither Final Payment nor any final release of Retention shall become due until the Contractor submits to the City: a) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or the City's property might be responsible or encumbered, less amounts withheld by the City, have been paid or otherwise satisfied; b) a certificate evidencing that insurance required by the Contract Documents to remain in force after Final Payment is currently in effect and will not be canceled or allowed to expire until at least 30-day prior written notice has been given to the City; c) consent of Surety to Final Payment; d) if required by the City, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract Documents. If a Subconsultant or Subcontractor refuses to furnish a release or waiver required by the City, the Contractor may furnish a bond satisfactory to the City to indemnify the City against such lien; e) if required in the Contract Documents, the successful completion and submittal of the required reports such as construction demolition waste recycling and hydrostatic discharge reports; and f) the Contractor has completed all Work, e.g., providing required, as-built drawings, operations manuals, test reports, UL labels, and other similar documentation as determined by the City. ADD: 9-3.2.1 Application for Progress Payment. By the tenth day of each month, the Contractor shall submit to the Engineer a partial payment estimate, filled out and signed by the Contractor, that identifies acceptable Work performed during the previous month, or since the last partial payment estimate was submitted. If requested by the Engineer, the Contractor shall provide such additional data as may be required to support the MEASUREMENT AND PAYMENT SPECIAL PROVISIONS - SECTION 9 - PAGE 4 GENE AUTRY AND VISTA CHINO DUAL LEFT TURN LANES CITY PROJECT NO. 14-13 JULY 12, 2018 payment estimate. Such data may include satisfactory evidence of payment for equipment, materials, and labor, including payments to Subcontractors and suppliers. For application for progress payment, the Contractor shall use the format required by the City. An electronic copy of the invoice form is available from the Engineer upon request. Progress or partial payments shall not be made until the Contractor submits to the City an updated Schedule that meets the City’s requirements. It is solely the responsibility of the Contractor to prepare and submit the Schedule updates. 30 days after presentation of undisputed and properly submitted Application for Payment, the amount will become due and when due will be paid by the City to the Contractor. Any payment request that is disputed or determined to be improper will be returned to the Contractor not later than 7 days after receipt accompanied by documentation describing the reason(s) why the payment request is not proper. ADD: 9-3.2.2 Amount of Progress Payments. Provided an undisputed and properly submitted Application for Payment is received by the City, payment shall be made by the City not later than thirtieth day after the City receives the application for Payment. The City will pay the Contractor for Work performed through the period covered by the application for Payment, less Retention as set forth in the Contract Documents, provided that the payment amount before Retention will not exceed the percentage of completion of the Work, all as set forth in the SOV. ADD: 9-3.2.3 Waiver of Claims at Final Payment. Acceptance of Final Payment by the Contractor shall constitute a waiver of affirmative Claims by the Contractor, except those previously made in writing and identified as unsettled at the time of Final Payment, which are expressly reserved by the Contractor from operation of its Release of Claims pursuant to Public Contract Code 7100 or other Applicable Laws. ADD: 9-3.2.4 Early Release of Subcontractor Retention. If a Subcontractor has completed its portion of the Work, including all Punch List items, pursuant to any given Subcontract, the Contractor may request the City to disburse the Retention allocable to such Subcontractor, after delivering to the City acceptable releases from the Subcontractor and consent to such disbursement from such Contractor’s Surety, in a form reasonably satisfactory to the City. The City, at its sole discretion, may determine that the Subcontractor's Work has been completed in accordance with the Contract Documents, and may disburse the Subcontractor's share of Retention to the Contractor for distribution to the Subcontractor. Regardless of whether the City has disbursed Retention for the benefit of any Subcontractor, the 1 year warranty period with respect to such Work shall commence at upon the filing of the NOC. ADD: 9-3.2.5 Withholding of Payment. The City may withhold payment on account of an Application for Payment to the extent necessary to protect the City from loss because of: a) Defective or incomplete Work not remedied; b) A deductive Change Order;