Desert Hot Springs City Council
July 1, 2025

CITY OF DESERT HOT SPRINGS

STATE OF CALIFORNIA

CONTRACT DOCUMENTS

SPECIFICATIONS AND CONSTRUCTION PLANS
FOR
Wardman Park Improvement Project
City Project # 4012
In the City of Desert Hot Springs
The City Clerk of the City of Desert Hot Springs, California will receive at the Office of the City Clerk, City Hall, 11-999 Palm Drive, Desert Hot Springs, CA 92240 until 2:00 PM on May 29, 2025 sealed proposals for the performance of the described services.

Released
April 24, 2025
Item Number: 11.

TABLE OF CONTENTS Page No.

NOTICE INVITING SEALED BIDS ....................................................................... NIB 1-7 SPECIAL INSTRUCTIONS TO BIDDERS ................................................................... 1-8 BIDDER’S PROPOSAL.............................................................................................. 9-11 SCHEDULE OF PRICES (PROPOSAL FORM)........................................................... NA SUBCONTRACTOR LIST........................................................................................ 12-13 CONTRACTORS INDUSTRIAL SAFETY RECORD..................................................... 14 REFERENCES......................................................................................................... 15-16 AGREEMENT .......................................................................................................... 17-35 PAYMENT BOND.......................................................................................................... 36 PERFORMANCE BOND............................................................................................... 37 HOLD HARMLESS/INDEMNIFICATION – RIVERSIDE COUNTY………………......38-40 AFFIDAVIT FOR CO-PARTNERSHIP FIRM................................................................. 41 AFFIDAVIT FOR CORPORATION BIDDER ................................................................. 42 AFFIDAVIT FOR INDIVIDUAL BIDDER........................................................................ 43 AFFIDAVIT FOR JOINT VENTURE.............................................................................. 44 BIDDER’S BOND ..................................................................................................... 45-46 CERTIFICATION OF NON-DISCRIMINATION AND AFFIRMATIVE ACTION ............. 47

CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS

CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS............................................... 48 NON-COLLUSION AFFIDAVIT..................................................................................... 49 SPECIAL FEDERAL PROVISIONS .............................................................................. 50 CDBG GENERAL SUMMARY....................................................................... 51-66 FEDERAL LABOR STANDARDS PROVISION.................................................. 67 FEDERAL PREVAILING WAGE DETERMINATION .......................... 68-69 POST CONTRACT AWARD FORMS ................................................ 79-86 SPECIAL PROVISIONS......................................................................................... 87-137 TECHNICAL SPECIFICATIONS.......................................................................... 138-146

ATTACHMENTS
PREVAILING WAGE DETERMINATION DATED MAY 19, 2025……………………..TBD SITE PLAN……………………………………………………………………………………147
Item Number: 11.

NIB-3

NOTICE INVITING SEALED BID PROPOSALS
For
Wardman Park Improvement Project
CITY PROJECT NO. 4012

CITY OF DESERT HOT SPRINGS
RECEIPT OF BID PROPOSALS: Sealed bids will be received by the City of Desert Hot Spring Department of Public Works, for furnishing of all labor, material, tools, and equipment necessary for installing shade structures, and other work required as more particularly described in the plans and specifications under City Project No. 4012, Wardman Park Improvement Project, in the City of Desert Hot Springs.

The Sealed bids must be submitted on the Proposal Form at the Office of City Clerk, located at 11999 Palm Drive, Desert Hot Springs, CA 92240, before 2;00 P.M. on May 29, 2025. Public Works “Bid: Wardman Park Improvement Project, City Project No. 4012” shall appear on the envelope of each sealed bid proposal and each bid proposal sealed envelope shall be addressed to the City Clerk, City Hall, 11999 Palm Drive, Desert Hot Springs, Ca 92240. The bids will then be publicly opened and read in the Office of the City Clerk, City Hall, 11999 Palm Drive, Desert Hot Springs, CA 92240 at 2:05 P.M. on May 29, 2025.

The Prospective Bidders who will submit Bid Proposals are advised that a “Pre-Bid Conference” for this project will be held at 11 A.M. on Monday, May 14, 2025, at the Wardman Park, located at 66190 8th Street, Desert Hot Springs, CA 92240. Attendance at this meeting is not mandatory for award of the contract.

Each submitted bid proposal must be accompanied by a certified or cashier’s check, or a surety bond, payable to the City of Desert Hot Springs in the amount equivalent to at least 10% of the total aggregate bid price of such bid proposal, as a guaranty that the bidder, if its bid proposal be accepted, will enter into and execute the awarded contract, and furnish the required bonds in connection therewith, in accordance with the terms of the aforementioned Specifications.

No bid proposal will be accepted from a CONTRACTOR who has not been licensed in accordance with the provisions of the Business and Professions Code. The work requires a California Class “A” or Class “B” contractor's license.

The bids must be submitted on the proposal forms included in the bidder's package of the contract documents.

TIME OF COMPLETION AND LIQUIDATED DAMAGES: BIDDER must agree to commence work on or before the date of the written “Notice to Proceed” (NTP) of the AGENCY and to fully complete the project in 60 consecutive calendar days. BIDDER must agree also to pay as liquidated damages, the sum of One Thousand Dollars ($1,000.00) for each working day thereafter as provided in these Specifications.

Item Number: 11.

NIB-4
OBTAINING CONTRACT DOCUMENTS: Plans, Specifications, and Bid Package for are ONLY available to be ordered online at: www.planitprintworks.com. For orders by phone, contact: Planit Print Works at (760) 345-2500. Additional information regarding the purchase of contract Plans and Specifications may be obtained by telephoning Jesus Lopez at (760) 329- 6411 Ext. 221.

The contract Specifications include by reference the “City of Desert Hot Springs Standard Specifications” (available online at www.cityofdhs.org); Mission Springs Water District (MSWD), “Developer / Contractor Handbook and Guidelines for Design and Construction of Water and Sewer Facilities,” Latest Manual; Southern California Edison, “Underground Structures Standard (USG),” Latest Manual; “Standard Specifications for Public Works Construction,” 2015 Edition, as published by Building News, Inc.; and “Standard Specifications for State of California, Department of Transportation,” Latest Edition. The MSWD, on-line version of the manual is available at MSWD Web site, the SCE “Underground Structures Standard (USG) Manual,” on-line version of the manual is available at SCE’s Standards & Publications Web site, “Standard Specifications for Public Works Construction,” 2015 Edition is available at Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, Tel: (714) 517-0970, and “Standard Specifications for State of California, Department of Public Works,” may be obtained from: State of California, Department of Transportation Publication Distribution Unit, 1900 Royal Oaks Drive, Sacramento, CA 95815 (916)263-0822 or Publication Unit Web site: http://caltrans-opac.ca.gov/publicat.htm.

ADDITIONAL BID INFORMATION AND REQUIREMENTS: All Pre-bid inquiries and questions shall be directed to Jesus Lopez, via email at [email protected] and include “Pre-bid Questions for Wardman Park Improvement Project, City Project No. 4012” in the “Subject Line”. Prebid questions will only be accepted from Tuesday, May 6, 2025, through Monday May 19, 2025 (5:00PM). Pre-Bid questions only from General Contractors will be answered. Subcontractor questions will not be answered.

The successful CONTRACTOR and his subcontractors will be required to possess business licenses from the City of Desert Hot Springs.

The contract, if awarded, will be awarded to a responsible contractor with the lowest responsive bid; however, the City of Desert Hot Springs reserves the right to reject any and all bid proposals. The City reserves the right to find a Bid Proposal of a bidder who has been delinquent, is in current litigation with the City or has been within the preceding 12 months or was unfaithful in any former contract with the City nonresponsible. No BIDDER may withdraw his/her Bid Proposal for a period of sixty days after the date of the bid proposal opening.

A responsible contractor is one who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the contract. It is the City’s policy to conduct business only with responsible contractors.

Item Number: 11.

NIB-5
The successful bidder will be required to fully comply with all applicable State and Federal reporting requirements relating to employment reporting for its employees and comply with all lawfully served Wage and Earnings Assignment Orders and Notice of Assignment and continue to maintain compliance throughout the duration of the contract. Failure to comply may be cause for termination of the contract or initiation of debarment proceedings.

All persons performing the work shall be paid not less than the General Prevailing Wage Determination prepared by the Director of Industrial Relations pursuant to the State Labor Code. Copies of these wage rates are available at the Department of Public Works.

The successful bidder must provide full disclosure of False Claims Act violations, labor law/payroll violations, debarments, and civil/criminal legal actions as provided in the Instructions to Bidders. Failure to complete these forms may result in a determination that the bidder is nonresponsive and/or not responsible.

The successful bidder, hereinafter called “the CONTRACTOR” to whom this contract is awarded will be required, before execution of the contract by the City of Desert Hot Springs, hereinafter “the AGENCY,” to file with said AGENCY surety bonds as follows:

A “Faithful Performance Bond” amounting to 100% of the total contract price is required for all contracts.

A “Payment Bond” (labor and material) amounting to 100% of the total contract price is required for all contracts.

A “Certificate of Liability Insurance,” naming the City of Desert Hot Springs and The County of Riverside as an additional insured. See “Insurance and Bonds” paragraphs within the Special Instructions to Bidders Section.

A “Certificate of Worker’s Compensation Insurance”.

And a “Certificate of Commercial Vehicle Liability Insurance” See “Insurance and Bonds” paragraphs within the Special Instructions to Bidders Section.

Surety bonds shall be subject to the condition that the surety thereon be approved by the AGENCY Attorney and AGENCY Council. Bonding forms are included in this document.

As provided for in Section 4590 of the California Government Code and in Section 22300 of the State Public Contract Code, the contractor may substitute securities for any monies withheld by the Agency to ensure performance under the contract, or enter into an escrow agreement for payment of such monies to an escrow agent.

Item Number: 11.

NIB-6
Affirmative action to ensure against discrimination in employment practices on the basis of race, color, national origin, ancestry, sex, or religion will also be required.

The City hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract.

The City supports and encourages equal opportunity contracting.

FEDERAL FUNDING
This project is being financed with Community Development Block Grant funds from the U.S. Department of Housing and Urban Development (24 CFR Part 570) and subject to certain requirements including: compliance with Section 3 (24 CFR Part 75) Economic Opportunities requirements; payment of Federal Davis-Bacon prevailing wages; Federal Labor Standards Provisions (HUD 4010); Executive Order #11246; and others. Information pertaining to the Federal requirements is on file with the County of Riverside Department of Housing and Workforce Solutions.

PREVAILING WAGES
Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates, including the per diem wages applicable to the work, and for holiday and overtime work, including employer payments for health and welfare, pension, vacation, and similar purposes, in the County of Riverside in which the work is to be done, have been determined by the Director of the Department of Industrial Relations, State of California.

These wages are set forth in the General Prevailing Wage Rates for this project, available from the California Department of Industrial Relations’ Internet web site at www.dir.ca.gov. Future effective prevailing wage rates which have been predetermined, and are on file with the California Department of Industrial Relations, are referenced but not printed in the general prevailing wage rates.

The Federal minimum wage rate requirements, as predetermined by the Secretary of Labor, are set forth in the books issued for bidding purposes, referred to herein as Project Bid Documents (Special Federal Provisions), and in copies of this book which may be examined at the office described above where the project plans, special provisions, and proposal forms may be seen. Addenda to modify the minimum wage rates, if necessary, will be issued to holders of the Project Bid Documents.

Engineer’s Cost Estimate
The engineer’s cost estimate for this project is $185,000 Item Number: 11.

NIB-7

PROPOSED CONSTRUCTION SCHEDULE
The following schedule is to be required for the proposed project. The schedule may be extended by the City due to circumstances unforeseen at the time of advertisement.

April 24, 2025 Request For Proposal Released
May 14, 2025 Pre-Bid Job Walk @ 11:00 AM
May 19, 2025 Last day for bidder to submit questions
May 29, 2025 Sealed Bids Submitted by 2:00PM
June 17, 2025 Anticipated award of construction contract July 7, 2025 Contracts fully executed/ Notice to proceed issued July 7, 2025 Pre-Construction meeting
September 5, 2025 Construction completed.

CITY OF DESERT HOT SPRINGS

JERRYL SORIANO, CMC, CITY CLERK
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, California 92240
(760) 329-6411
Released: April 24, 2025
Advertised: April 30, 2025, and May 7, 2025
Item Number: 11.

1 SPECIAL INSTRUCTIONS TO BIDDERS
To be used in conjunction with the

STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
And to be made a part of:

Wardman Park Improvement Project
Project # 4012
In the City of Desert Hot Springs
Specifications Prepared By:

City of Desert Hot Springs
Item Number: 11.

2 SPECIAL INSTRUCTIONS TO BIDDERS
BID PROPOSAL REQUIREMENTS AND CONDITIONS:

GENERAL: Bid Proposals shall be submitted to the City of Desert Hot Springs, hereinafter, “the AGENCY,” or “the City” on forms prepared and furnished for the purpose, which may be obtained at the office of the Agency. When presented they must be completely made out in the manner and form indicated therein, showing the proposed prices clearly and legible, and must be properly signed by the bidder. Bid Proposals presented otherwise may not be considered.

Each bid proposal so submitted, together with the required bid proposal guaranty hereinafter prescribed, shall be presented under sealed cover; and must be filed prior to the time, and at the place, designated in the Notice Inviting Sealed Bid Proposals. A bid proposal so presented, however, may be withdrawn by the bidder, provided the request therefore is made in writing, is signed by the bidder or his authorized representative, and is filed prior to the time fixed for the opening of bids. The withdrawal of a bid proposal does not prejudice the right of the bidder to file a new bid proposal.

All bid proposals submitted, as aforementioned prescribed will be publicly opened and read at the time and place indicated in the Notice Inviting Sealed Bid Proposals.

Bidders must satisfy themselves by personal examination of the location of the proposed work and by such other means as they may prefer as to the actual conditions and requirements of the work, and shall not at any time after submission of the bid proposal dispute, complain, or assert that there was any misunderstanding in regard to the nature or amount of work to be done.

BID PROPOSAL GUARANTY: Each bid proposal submitted must be accompanied either by cash, or by a certified or cashier’s check, or a surety bond, payable to the Agency, in an amount equivalent to at least ten percent (10%) of the total aggregate bid price of such bid proposal, or in such additional amount as may be otherwise provided by law, as a guarantee that the bidder, if his bid proposal be accepted, will enter into and execute the awarded contract: and no bid proposal will be accepted unless such cash, check or surety bond is enclosed therewith. However, the use of a surety bond in this connection shall be subject to the condition that the surety thereon be approved by the Agency's Director of Finance and Legal Counsel.

Should any bidder to whom an award is made fail to properly enter into and execute the awarded contract, the cash, check or bond submitted with his bid proposal shall be forfeited to, and become the property of the Agency; whereupon the Agency shall have the right to collect the amount thereof by any appropriate means.

Following the award of the contract the bid proposal guarantees will be returned to the respective bidders by whom they were submitted, except as otherwise provided.

DISQUALIFICATION OF BIDDERS: More than one bid proposal for the same work from any individual, firm, partnership, corporation, or association under the same or Item Number: 11.

3 different names, will not be accepted; and reasonable grounds for believing that any bidder is interested in more than one bid proposal for the work will be cause for rejecting all bid proposals in which such bidder is interested. Apparent collusion among bidders will likewise be sufficient cause for rejecting any or all bid proposals and the participants in such collusion may be barred from future bidding.

Bid proposals in which the prices are obviously unbalanced, and those which are incomplete or show any alteration of form, erasures or irregularities of any kind, or contain any additions or conditional or alternate bids that are not called for or otherwise permitted, may be rejected. A bid proposal on which the signature of the bidder has been omitted may, at the discretion of the Agency, be rejected.

COMPETENCY OF BIDDERS: Bidders must be thoroughly competent, and capable of satisfactorily performing the work covered by the bid proposal; and when requested shall furnish such statements relative to previous experience on similar work, the plan of procedure proposed, and the organization, machinery, plant and other equipment available for the contemplated work, and the financial condition and resources of the bidder, as may be deemed necessary by the City Engineer in determining such competence and capability.

CONTRACTOR’S LICENSE: Each bidder shall be licensed as a Contractor in accordance with the provisions of Chapter 9 of Division 3 of the Business and Professions Code at the time of submitting his bid proposal.

The signature in the Bid Proposal shall clearly show the bidder’s name, address, telephone number, valid State of California Contractors License number, and proper license class to perform the work under the contract.

Any bid proposal submitted which does not show the above information may be considered an incomplete bid proposal and rejected as such.

SIGNATURE: The bid proposal must be signed in the name of the bidder and must bear the signature in longhand of the person or persons duly authorized to sign the bid proposal on behalf of the bidder.

MODIFICATIONS: Changes in or additions to the bid proposal form, recapitulations of the work bid upon, alternative bid proposals or any other modifications of the bid proposal form which is not specifically called for in the contract documents may result in the Agency’s rejection of the bid proposal as not being responsible to the invitation to bid. No oral or telephonic modification of any bid proposal submitted will be considered, but a telegraphic modification may be considered and only if a postmark evidences that a confirmation of the telegram duly signed by the bidder was placed in the mail prior to the opening of bid proposals. The bid proposal submitted must not contain any erasures, interlineations, or other corrections unless each such correction is suitably authenticated by affixing in the margin immediately opposite the correction the surname or surnames of the person or persons signing the bid proposal.

Item Number: 11.

4 DISCREPANCIES IN BID PROPOSALS: If the bid amount in numbers and bid amount in words are not in fact equal to each other, the bid proposal may be rejected. The City Council of the City of Desert Hot Springs reserves the right to reject any or all bid proposals and to waive any irregularity or informality in any bid proposals to the extent permitted by law.

BIDDER’S EXAMINATION OF SITE: Each bidder shall examine carefully the site of the proposed work and the contract documents therefore. It will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered as to the character, quality, and quantity of materials to be furnished, and as to the requirements of the contract, specifications and drawings. The name of the individual who examined the site of the work and the date of such examination shall be stated in the bid proposal.

By submitting a bid proposal, the bidder will be held to have personally examined the site and the drawings, to have carefully read the specifications, and to have satisfied himself as to his ability to meet all requirements attendant to the execution of the proposed contract before the delivery of his bid proposal, and agrees that if he is awarded the contract, he will make no claim against the City of Desert Hot Springs based on ignorance or misunderstanding of the contract provisions.

WITHDRAWAL OF BID PROPOSALS: Any bidder may withdraw his bid proposal either personally, by written request, or by telegraphic request confirmed in the manner specified above at any time prior to the scheduled closing date and time for receipt of bid proposals.

INSURANCE AND BONDS: The Contractor shall not commence work under this contract until he has secured all insurance and bonds required under this section nor shall he allow any subcontractor to commence work on this contract until all similar insurance and bonds required of the subcontractor have been obtained. All insurance issued in compliance with this section shall be issued in the form, and be an insurer or insurers, satisfactory to and first approved by the AGENCY in writing. Certificates of insurance in the amounts required shall be furnished by the Contractor to the AGENCY prior to the commencement of work.

The Contractor shall maintain adequate Worker’s Compensation Insurance under the laws of the State of California for all labor employed by him or by any subcontractor under him who may come within the protection of such Worker’s Compensation Insurance laws. The Contractor shall maintain public liability insurance to protect said Contractor and the AGENCY against loss from liability imposed by law, for damages on account of bodily injury, including death resulting therefrom, suffered or alleged to have been suffered by any person or persons, other than employees, resulting directly or indirectly from the performance or execution of this contract or any subcontract thereunder, and also to protect said Contractor and the AGENCY against loss from liability imposed by law, for damage to any property, damage insurance shall be maintained by the Contractor in full force and effect during the entire period of performance under this contract, in the amount of not less than $1,000,000 for one person injured in the accident and in the amount of not less than $1,000,000 for more Item Number: 11.

5 than one person injured in one accident and in the amount of not less than $1,000,000 with respect to any property damage aforesaid.

The Contractor shall secure with a responsible corporate surety, or corporate sureties, satisfactory bonds conditioned upon faithful performance by the Contractor of all requirements under the contract and upon the payment of claims of materials, men and laborers thereunder. The faithful performance bond shall be in the sum of not less than one hundred percent (100%) of the estimated aggregate amount of the payments to be made under the contract computed on the basis of the prices stated in the proposal.

The labor and material bond shall be in the sum of not less than one hundred percent (100%) of the estimated aggregate amount of the payments to be made under the contract computed on the basis of the prices stated in the proposal.

INTERPRETATION OF PLANS AND DOCUMENTS: If any person contemplating submitting a bid proposal for the proposed contract is in doubt as to the true meaning of any part of the drawings, specifications, or other contract documents, or finds discrepancies in, or omissions from the drawings and specifications, he may submit to the Agency a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the contract documents will be made only by Addendum duly issued and a copy of such addendum will be mailed or delivered to each person receiving a set of the contract documents. No person is authorized to make any oral interpretation of any provision in the contract documents to any bidder, and no bidder is authorized to reply on any such unauthorized oral interpretation.

TAXES: No mention shall be made of Sales Tax or Use Tax as all bid prices submitted will be considered to include such taxes.

BID PROTEST PROCEDURES: Any protest of the proposed award of bid to the bidder deemed the lowest responsible bidder must be submitted in writing to the City no later than 5:00 p.m. on the tenth (10th) calendar day following the date of the bid opening.

The initial protest must contain a complete statement of the basis for the protest.

The protest must state the facts and refer to the specific portion of the document or the specific statute that forms the basis for the protest. The protest must include the name, address, and telephone number of the person representing the protesting party.

The party filing the protest must concurrently transmit a copy of the initial protest to the bidder deemed the lowest responsible bidder.

The party filing the protest must have actually submitted a bid on the project. A subcontractor of a party filing a bid on this project may not submit a Bid Protest. A party may not rely on the Bid Protest submitted by another bidder, but must timely pursue its own protest.

The procedure and time limits set forth in this Section are mandatory and are the bidder’s sole and exclusive remedy in the event of a Bid Protest. The bidder’s failure to Item Number: 11.

6 fully comply with these procedures shall constitute a waiver of any right to further pursue the Bid Protest, including filing of a challenge of the award pursuant to the California Public Contracts Code, filing of a claim pursuant to the California Government Code, or filing of any other legal proceedings.

The City shall review all timely protests prior to formal award of the bid. The City shall not be required to hold an administrative hearing to consider a timely protest, but may do so at the option of the Engineer, or if otherwise legally required. At the time of the City Council’s consideration of the award of the bid, the City Council shall also consider the merits of any timely protests and the Engineer’s recommendation thereon. The City Council may either accept the protest and award the bid to the next lowest responsible bidder, or reject the protest and award to the lowest responsible bidder. Nothing in this section shall be construed as a waiver of the City Council’s right to reject all bids.

AWARD AND EXECUTION OF CONTRACT:

COMPARISON OF BID PROPOSALS AND AWARD OF CONTRACT: After the bid proposals for the contemplated work have been opened and read as provided herein, the respective totals thereof, determined by applying the unit prices bid to the estimated quantities shown, will be extended and compared; and the results will thereupon be made public.

The award of the contract, if it should be awarded, will be made to the lowest responsive and responsible bidder whose bid proposal complies with all the prescribed requirements, but until an award is made the right will be reserved to reject any or all bid proposals, and to waive technical errors or discrepancies, if to do so is deemed to best serve the interests of the Agency. In no event will an award be made until all necessary investigations are made as to the responsibility qualifications and responsive of the bidder to whom it is proposed to make such award.

EXECUTION OF CONTRACT: The agreement shall be signed by the awardees and returned to the Agency together with the contract bonds, and other contract documents as required in the Special Provisions, within ten (10) days after it has been delivered or mailed to him or his authorized agent.

No bid proposal shall be considered as being binding upon the Agency until the contract is fully executed; and failure of the awardees to properly execute the awarded contract and file acceptable bonds as provided in the Standard Specifications, shall be just and sufficient cause for the annulment of the award by the Agency and the forfeiture of his bid proposal guaranty.

LISTING SUBCONTRACTORS: Each bidder shall submit a list of the proposed subcontractors on this project as required by the Subletting and Subcontracting Fair Practices Act (Gov. Code Sec. 4100 and following). Forms for this purpose are furnished with the contract documents.

WORKER’S COMPENSATION: In accordance with the provisions of Section 3700 of the Labor Code, the Contractor shall secure the payment of compensation to his Item Number: 11.

7 employees. The Contractor shall sign and file with the Agency the following certificate prior to performing the work under this contract: “I am aware of the provisions of Section 3700 of the Labor Code which require compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” BID DEPOSIT RETURN: Deposits of three or more low bidders on each alternate, the number being at the discretion of the Agency, will be held for sixty days or until posting by the successful bidder of the Bonds required and return of executed copies of the Agreement, whichever first occurs, at which time the deposits will be required after consideration of the bids.
“OR EQUAL”: Pursuant to Division 5, Chapter 4, Article 4 (commencing at #4380) Government Code, all specifications shall be deemed to include the words “or equal,” provided however that permissible exceptions hereto shall be specifically noted in the specifications.

EMPLOYMENT OF APPRENTICES: The Contractor, and all subcontractors, shall comply with the provisions in Sections 1777-5, (Chapter 1411, Statutes of 1968), and 1777.6 of the California Labor Code concerning the employment of apprentices. The Contractor and any subcontractor under him shall comply with the requirements of said sections in the employment of apprentices; however, the Contractor shall have full responsibility for compliance with said Labor Code section, for all apprenticeable occupations, regardless of any other contractual or employment relationships alleged to exist. In addition to the above State Labor Code Requirements regarding the employment of apprentices and trainees, the Contractor and all subcontractors shall comply with Sections 5 a. 3, Title 29 of the Code of Federal Regulations (29CFR).

EVIDENCE OF RESPONSIBILITY: Upon the request of the AGENCY, a bidder whose bid proposal is under consideration for the award of the contract shall submit promptly to the AGENCY satisfactory evidence showing the bidder’s financial resources, his construction experience, and his organization and plant facilities available for the performance of the contract.

PERMITS, FEES, AND LICENSES: The Contractor shall possess valid business licenses for the City of Desert Hot Springs prior to the issuance of the first payment made under this contract.

The Contractor must also secure a “No Fee” permit from the Engineering Department of the City of Desert Hot Springs.

TIME OF COMPLETION AND LIQUIDATED DAMAGES: Bidder must agree to commence work on or before the date of the written “Notice to Proceed” of the AGENCY and to fully complete the project per schedule set forth in the Notice Inviting Bids. Bidder must agree also to pay as liquidated damages, the sum of one thousand dollars ($1,000.00) for each working day thereafter as provided in these specifications.

The total Project is scheduled for 45 consecutive calendar days after commencement of work.

Item Number: 11.

8 NO REFUND FOR DRAWINGS AND SPECIFICATIONS: Purchasers are advised that upon payment of the appropriate purchase price, the set of contract drawings and specifications become the property of the purchaser and are not to be returned to the City of Desert Hot Springs.

ALTERING BID PROPOSALS: The wording of the bid proposals shall not be changed.

Any additions, conditions, limitations, or provisions inserted by the bidder will render the bid proposal irregular and may cause its rejection.

Erasures or interlineations in the bid proposal must be explained or noted over the signature of the bidder.

ACCEPTANCE OR REJECTION OF BID PROPOSALS: The City Council of the City of Desert Hot Springs reserves the right to reject any or all bid proposals and to waive any informality or defects in bid proposals received as the best interests of the City of Desert Hot Springs.

ADDENDA TO CONTRACT DOCUMENTS: The Engineer may, from time to time, issue addenda to the contract documents during the period of advertising for bid proposals, for the purpose of clarifying or correcting special provisions, plans or bid proposal.

Purchasers of contract documents will be furnished with copies of such addenda, either by first class mail or personal delivery, during the period of advertising. The addenda will be sent to the address of the purchaser of the contract documents left with or furnished to the City of Desert Hot Springs and/or Planit Reprographics at the time the purchase was made.

Item Number: 11.

9 BIDDER’S PROPOSAL
FOR THE Wardman Park Improvement Project IN THE CITY OF DESERT HOT

SPRINGS, CALIFORNIA
Date_________________________ 20______
To the City Council of the
City of Desert Hot Springs:

The Undersigned hereby declares:
(a) That the only persons or parties interested in this proposal as principals are the following:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ (If the bidder is a corporation, give the name of the corporation and the name of its president, secretary, treasurer, and manager. If a co-partnership, give the name under which the co-partnership does business, and the names and addresses of all copartners. If an individual, state the name under which the contract is to be drawn.) (b) That this bid proposal is made without collusion with any person, firm or corporation.
(c) That he has carefully examined the location of the proposed work and has familiarized himself with all of the physical and climatic conditions, and makes this bid proposal solely upon his own knowledge.
(d) That by submitting this Bidder's Proposal, he acknowledges receipt and knowledge of the contents of those communications sent by the City of Desert Hot Springs to him at the address furnished by him to the City of Desert Hot Springs when this bid proposal form was obtained.
(e) That he has carefully examined the specifications, both general and detail, and the drawings attached hereto, and communications sent to him as aforesaid, and makes this bid proposal in accordance therewith.
(f) That, if this bid proposal is accepted he will enter into a written contract for the performance of the proposed work with the City of Desert Hot Springs.

Item Number: 11.

10 BIDDER’S PROPOSAL
(g) That he proposes to enter into such contract and to accept in full payment for the work actually done thereunder the prices shown in the attached schedule. It is understood and agreed that the quantities set forth are but estimates, and that the unit prices will apply to the actual quantities whatever they may be.

Accompanying this bid proposal is a certified or cashier’s check or bidder’s bond, payable to the order of the City of Desert Hot Springs in the sum of_________________ _____________________________________DOLLARS ($_________________) Said bidder’s bond has been duly executed by the undersigned bidder and by a financially sound surety company authorized to transact business in this state.

It is understood and agreed that should the bidder fail within ten days after award of contract to enter into the contract and furnish acceptable surety bonds, then the proceeds of said cash, check, or bidder's bond, shall become the property of the City of Desert Hot Springs, but if this contract is entered into and said bonds are furnished, or if the bid is not accepted then said check or cash shall be returned to the undersigned, or the bidder will be released from the bidder’s bond.
______________________________________________ ______________________ Address of Bidder Telephone of Bidder
_____________________________________ _______________________________ City Zip Code Signature of Bidder
Item Number: 11.

11 BID PROPOSAL FORM
Wardman Park Improvement Project

IN THE CITY OF DESERT HOT SPRINGS

TO THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS, CALIFORNIA The undersigned as bidder declares that he has carefully examined the location of the proposed work, that he has examined the Special Provisions and read the accompanying instructions to bidders, and hereby proposes and agrees, if the bid proposal is accepted, to furnish all materials and do all work required to complete the said work in accordance with the said Standard Specifications, Special Provisions, Technical Specifications, and Project Plans in the time and manner therein prescribed for the unit price set forth in the following schedule:

TOTAL BID INCLUDING ADDIVTIVE ALTERNATE
__________________________________________ $________________ (words)
The undersigned further agrees that in case of default in executing the required contract, with necessary bonds, within ten (10) days, not including Sundays and legal holidays, after having received notice that the contract has been awarded and is ready for signature, the proceeds of the security accompanying his bid proposal shall become the property of the City of Desert Hot Springs, and this bid proposal and the acceptance thereof may be considered null and void.

Signature of bidder ________________________________________ (If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, also names of president, secretary, treasurer and manager thereof.) ________________________________________
________________________________________
________________________________________
Business Address
________________________________________
Telephone Number
Dated: ______________________________________, 20___
Item Number: 11.

12 DESIGNATION OF SUBCONTRACTORS AND CDBG EXHIBIT B-9
[Public Contract Code Section 4104]
List all Subcontractors who will perform Work or labor or render service to the Contractor in or about the construction of the Work or improvement, or a Subcontractor licensed by the State of California who, under subcontract to the Contractor, specially fabricates and installs a portion of the Work or improvement according to detailed drawings contained in the Plans and Specifications, in an amount in excess of one-half percent (0.5%) of the Contractor’s total Bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half percent (0.5%) of the Contractor’s total Bid or $10,000, whichever is greater. If all Subcontractors do not fit on this page, attach another page listing all information for all other Subcontractors.

Name under which
Subcontractor is
Licensed
and Registered
Federal ID
Number
CSLB License
Number(s)
and Class(es)
DIR
Contractor
Registration
Number
Address and Phone
Number
Type of Work
(e.g., Electrical)
Percentage of
Total Bid
(e.g.,10%) *
* The percentage of the total Bid shall represent the “portion of the work” for the purposes of Public Contract Code Section 4104(b).

Item Number: 11.
13 DESIGNATION OF SUBCONTRACTORS AND CDBG EXHIBIT B-9 CONTINUED

SUPPLIERS
NAME OF SUPPLIER ADDRESS/PHONE NO. CONTRACT AMOUNT
If the bidder fails to specify a subcontractor for any portion of the work, the bidder agrees to perform the work with his own crews. (Alternative subcontractors for the same work are prohibited by provisions of the California Government Code.) ______________________ _______________________________________ Dated Bidder
_______________________________________
Signature
_______________________________________
Signature

Item Number: 11.
14 CONTRACTOR’S INDUSTRIAL SAFETY RECORD
Bidder’s Name: ___________________________________
This information must include all construction work undertaken in the State of California by the bidder and any partnership, joint venture or corporation that any principal of the bidder participated in as a principal or owner for the last four calendar years and the current calendar year prior to the date of bid submittal. Separate information shall be submitted for each particular partnership, joint venture, corporation or individual bidder. The bidder may attach any additional information or explanation of data which he would like taken into consideration in evaluating the safety record. An explanation must be attached of the circumstances surrounding any and all fatalities.

Current Year
of Record
2023 2022 2021 2020 2019 TOTAL
Number of contracts
Total dollar amount of contracts
(in thousands of dollars)
Number of fatalities
Number of lost workday cases
Number of lost workday cases
involving permanent transfer to
another job or termination of
employment
*The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary - Occupational Injuries and Illnesses, OSEA No. 102.

The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of these records. _________________________________________________________________________________________________________ Signature Title Date _________________________________________________________________________________________________________ Signature Title Date

Item Number: 11.
15 REFERENCES
The following are the names, addresses, and telephone numbers for three public agencies for which BIDDER has performed similar work within the past two years.

1. _______________________________________________________________ Name and Address of Owner
_______________________________________________________________ Primary Contact Name, Email, and Telephone Number
_______________________________________________________________ Second Contact Name, Email, and Telephone Number
_______________________________________________________________ Contract Amount Type of Work Date Completed

2. _______________________________________________________________ Name and Address of Owner
_______________________________________________________________ Primary Contact Name, Email, and Telephone Number
_______________________________________________________________ Second Contact Name, Email, and Telephone Number
_______________________________________________________________ Contract Amount Type of Work Date Completed

3. _______________________________________________________________ Name and Address of Owner
_______________________________________________________________ Primary Contact Name, Email, and Telephone Number
_______________________________________________________________ Second Contact Name, Email, and Telephone Number
_______________________________________________________________ Contract Amount Type of Work Date Completed
Item Number: 11.

16 4. _______________________________________________________________ Name and Address of Owner
_______________________________________________________________ Primary Contact Name, Email, and Telephone Number
_______________________________________________________________ Second Contact Name, Email, and Telephone Number
_______________________________________________________________ Contract Amount Type of Work Date Completed
The following are the names, addresses, and telephone numbers for all brokers and sureties from whom BIDDER intends to procure insurance bonds:
____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ Item Number: 11.

17 SAMPLE PUBLIC WORKS CONSTRUCTION AGREEMENT
Item Number: 11.

18 PUBLIC WORKS CONSTRUCTION AGREEMENT

BY AND BETWEEN

THE CITY OF DESERT HOT SPRINGS
AND
___________________
THIS PUBLIC WORKS CONSTRUCTION AGREEMENT (“Agreement”) is made and entered into this ____ day of ______________, 20___, by and between the City of Desert Hot Springs, a municipal corporation located in the County of Riverside, State of California, hereinafter referred to as "City," and _______________, a ________________, hereinafter referred to as "Contractor."

RECITALS
WHEREAS, the City desires to retain Contractor, on an independent contractor basis, to perform [INSERT BRIEF DESCRIPTION OF SERVICES] as more particularly described below; and
WHEREAS, Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND

RELEASES CONTAINED HEREIN, AND FOR OTHER GOOD AND VALUABLE

CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES AGREE AS FOLLOWS:

AGREEMENT

1. Incorporation by Reference
The foregoing recitals are hereby expressly made a part of this Agreement as though fully set forth herein.

2. Project Information.
• Location: _________________ as depicted in Contractor’s proposal dated ___________, 20___, and attached hereto and incorporated herein as Exhibit “A” (“Scope of Services” or sometimes “Project”). In the event any conflict exists between this Agreement minus the Scope of Services, on the one hand, and the Scope of Services, on the other hand, the former shall supersede. • Project description, including significant materials to be used and equipment to be installed: ____________________, in the City of Desert Hot Springs, California, as set forth in the Scope of Services.
• License classification applicable to Project: _______________ Item Number: 11.

19 • Approximate start date: ___________________
• Approximate completion date: _______________
• Substantial completion of work evidenced by: Inspection and approval by City Staff.
• It is expressly agreed that except for extensions of time duly granted by the City, in writing, time shall be of the essence.
• The parties agree that the specifications, standards, and procedures set forth in the 2021 Greenbook: Standard Specifications for Public Works Construction (“Greenbook”) shall govern the completion of the Project, and to such extent the Greenbook is incorporated herein by this reference; provided, however, in the event any conflict exists between this Agreement and the Greenbook, this Agreement shall supersede unless otherwise required by law.

3. Contractor Information
• Address: _________________
• License Number: ____________

4. Insurance Coverage
a. Contractor shall procure and maintain at its own expense, until expiration of the term of this Agreement as defined in Section 9, commercial general liability insurance of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers and agents and independent contractors. Contractor shall provide insurance on an occurrence, not claims-made basis. Contractor acknowledges and agrees that, for purposes of clarification with the intention of avoiding gaps in coverage with any umbrella or excess insurance, personal and advertising injury coverage shall be triggered by an “offense” while bodily injury and property damage coverage shall be triggered by an “occurrence” during the policy period.
b. Contractor shall further procure and maintain at its own expense, until expiration of the term of this Agreement as defined in Section 9, commercial vehicle liability insurance covering personal injury and property damage, of not less than Two Million Dollars ($2,000,000) combined single limit per occurrence, and Two Million Dollars in the aggregate ($2,000,000), covering any vehicle utilized by Contractor or its officers, employees, servants, volunteers and agents and independent contractors in performing the services required by this Agreement.
c. Unless Contractor has no employees and is exempt from worker’s compensation requirements, Contractor shall further procure and maintain at its expense, until expiration of the term of this Agreement as defined in Section 9, workers' compensation insurance providing coverage as required by the California State Item Number: 11.

20 Workers' Compensation Law. If any class of employees employed by the Contractor pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City. Contractor agrees to waive its statutory immunity under any workers’ compensation or similar statute, as respecting the City, and to require any and all subcontractors and any other person or entity involved in the Project to do the same.

Worker’s Compensation Insurance:
• Contractor has no employees and is exempt from workers’ compensation requirements.
• Contractor carries workers’ compensation insurance for all employees. d. All policies required by this section shall be secured from insurers authorized to do business in the State of California with an “A” policyholder’s rating or better and a financial rating of at least Class VII, in accordance with the current Best’s Ratings.
e. Contractor agrees to require that all parties, including but not limited to subcontractors, architects, engineers or others with whom Contractor enters into contracts or whom Contractor hires or retains pursuant to or in any way related to the performance of this Agreement, provide the insurance coverage required herein, at minimum, and name as additional insureds the parties to this Agreement. 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.
f. In the event this Agreement is terminated for any reason prior to the completion of all obligations and requirements of this Agreement, Contractor agrees to maintain all coverages required herein until the City provides written authorization to terminate the coverages following the City’s review and determination that all liability posed under this Agreement as to the party providing insurance has been eliminated. g. Contractor agrees and acknowledges that if it fails to obtain all of the insurance required in this Agreement in accordance with the requirements herein, or to obtain and ensure that the coverage required herein is maintained by any subcontractors or others involved in any way with the Project, Contractor shall be responsible for any losses, claims, suits, damages, defense obligations, or liability of any kind or nature attributable to the City, and/or their officers, employees, servants, volunteers, agents and independent contractors.

5. Insurance Documentation
a. Contractor shall provide certificates of insurance with original endorsements to the City as evidence of the insurance coverage required herein.

Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Contractor shall ensure that the most current Item Number: 11.

21 certification of insurance shall be delivered to and retained by the City at all times until expiration of the term of this Agreement as defined in Section 9. b. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the comprehensive general liability and commercial vehicle liability policies shall bear endorsements whereby it is provided that the City, and its officers, employees, servants, volunteers, agents and independent contractors are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages.
c. Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the City, and their officers, employees, servants, volunteers, agents and independent contractors.
d. Each policy required herein must be endorsed to provide that the policy shall not be cancelled or non-renewed by either party, or reduced in coverage or limits (except by paid claims) unless the insurer has provided the City with at least thirty (30) days prior written notice of said cancellation, non-renewal, or reduction, with the exception that only ten (10) days prior written notice shall be required in the event of cancellation for nonpayment of premium.
e. All insurance policies required to be provided by Contractor or any other party must be endorsed to provide that the policies shall apply on a primary and noncontributing basis in relation to any insurance or self-insurance, primary or excess, maintained or available to the City, and their officers, employees, servants, volunteers, agents and independent contractors.

6. Security
a. Contractor shall, concurrently with the execution hereof and to the extent not already completed, furnish a payment bond at no expense to the City, in substantially the same form as that attached hereto and made part hereof as Exhibit “B,” in an amount equal to _________________Dollars and No Cents ($_________), as security of the payment of all persons performing labor and furnishing materials in connection with this Agreement. To be acceptable, the surety company must be authorized to do business and have an agent for service of process in California, be on the accredited list of the United States Treasury Department, and have an "A" policyholder's rating and a financial rating of Class V, or better, in accordance with the current Best's Rating.
b. Contractor shall, concurrently with the execution hereof and to the extent not already completed, furnish a performance bond at no expense to the City, in substantially the same form as that attached hereto and made part hereof as Exhibit “C,” or deposit an amount with the City equal to _____________________Dollars and No Cents ($_________), as security for the faithful performance of this Agreement. To be acceptable, the surety company must be authorized to do business and have an agent for service of process in California, be on the accredited list of the United States Item Number: 11.

22 Treasury Department, and have an "A" policyholder's rating and a financial rating of Class V, or better, in accordance with the current Best's Rating. c. The surety on any and all bonds and the form thereof shall be satisfactory to the City Attorney.
d. The payment bond shall remain in force and shall not be released until at least seven (7) months after the date of recordation of the Notice of Completion or Notice of Acceptance, whichever occurs first. The performance bond shall remain in force until at least (1) year after the date of final acceptance of the Project, unless the City determines, in its sole and absolute discretion, to release the Performance Bond earlier and notifies Contractor of the same in writing.

7. Compensation; Payments
a. Contractor shall be paid compensation not to exceed
_________________ Dollars and No Cents ($_________) for the services rendered by Contractor pursuant to this Agreement, including profit, labor and materials, in accordance with the Scope of Services.
b. Contractor shall invoice the City for the performance of the services under this Agreement in the amount agreed upon by the parties herein. Subject to the retention provisions below, Contractor shall be paid the amount specified in the invoice within 30 days of receipt by the City, provided that the services reflected in the invoice were performed to the reasonable satisfaction of the City in accordance with the terms of this Agreement.
c. City shall retain 10 percent of each progress payment as security for completion of the balance of the work including confirmation from subcontractors, vendors, suppliers, or others working on project of final payment which shall be released to the Contractor no later than sixty (60) days from the date of the City's acceptance of the work pursuant to this Agreement.

8. Extra Work and Change Orders
Extra work and change orders shall become a part of this Agreement once the extra work or change order is approved in writing and signed by the City and Contractor, prior to the commencement of any extra work or change in work covered by the change order. The City’s form change order shall be used for both extra work and a change in work. The change order must describe the scope of the extra work or change in work, and the cost to be added or subtracted from this Agreement. The City shall not require Contractor to perform any extra work or a change in work without written authorization.

A change order shall not be enforceable against the City unless the change order complies with this provision.

9. Term
Contractor will perform the services set forth in the Scope of Services and in any approved change orders pursuant to section 1 of this Agreement, the term of which Item Number: 11.

23 shall commence as of _______________, and shall expire one (1) year following the City's acceptance of the Project pursuant to this Agreement, or upon release of the Performance Bond in accordance with Section 6.d. of this Agreement, whichever occurs first.

10. Independent Contractor
Contractor shall at all times during the term of this Agreement perform the services described in this Agreement as an independent contractor, and hereby waives any claims for any compensation or benefits afforded to City employees and not to independent contractors.

11. Civil Code Section 1542 Waiver
a. Contractor expressly waives any and all rights and benefits conferred upon it by the provisions of section 1542 of the California Civil Code which reads as follows:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” b. This waiver shall be effective as a bar to any and all actions, fees, damages, losses, claims, liabilities and demands of whatsoever character, nature and kind that are known or unknown, or suspected or unsuspected, including, without limitation, claims of entitlements under the California Public Employees’ Retirement System (CalPERS) that are only afforded to employees and not independent contractors. Contractor further represents and warrants that it understands this waiver and that if it does not understand this waiver, it shall seek the advice of a qualified attorney before executing this Agreement.
_____
Initials

12. Acceptance of Work
Acceptance of the Project shall be by action of the City Council or its designee.

Neither the acceptance nor prior inspections or failure to inspect shall constitute a waiver by the City of any defects in the Project. From and after acceptance, the Project shall be owned and operated by the City. As a condition to acceptance, Contractor shall certify to the City in writing that all of the Project performance has been performed in strict conformity with this Agreement and that all costs have been paid, satisfactory to the City, guaranteeing such performance.

13. Warranty
a. In addition to Contractor's other obligations under this Agreement, Contractor warrants all work and materials to be of good quality and fit for the purpose and intended use for a duration that shall continue until expiration of the term of this Item Number: 11.

24 Agreement as described in Section 9, or the longest period permitted by law, whichever is later. If any defects in materials or workmanship become evident prior to expiration of the warranty granted in this Section, the Contractor shall, at its own expense, make any repair(s) or replacement(s) necessary to restore the work to full compliance with the this Agreement. Contractor shall also repair, replace and restore any other work which is displaced in correcting defective work as well as other portions of the work which the City by reason of such defects reasonably suspects may also be defective. In the event of a failure to commence with the compliance of above-mentioned conditions within seven (7) calendar days after being notified in writing or failure to diligently pursue such compliance to completion, the City is hereby authorized to proceed to have the defects repaired and made good at the expense of Contractor who hereby agrees to pay the cost and charges therefor immediately on demand.
b. If, in the opinion of the City, nonconforming work creates a dangerous condition or requires immediate correction or repair to prevent further loss to the City or to prevent interruption of operations, the City shall attempt to give the Contractor notice.

If Contractor cannot be contacted or does not comply with the City’s request for correction within a reasonable time as determined by the City, the City may proceed to make such correction or provide such repair. The costs of such correction or repair shall be charged against Contractor, who agrees to make payment for said costs upon demand. Corrective action by the City will not relieve Contractor or Contractor's sureties or insurers of the guarantees and indemnities of this Agreement. c. This section does not in any way limit the City’s remedies available under the law, or the guarantee or warranty on any items for which a longer guarantee is specified or on any items for which a manufacturer or supplier gives a longer guarantee or warranty period. Contractor agrees to act as a co-guarantor with such manufacturer or supplier and shall furnish the City all appropriate guarantees or warranty certificates upon completion of the Project. No manufacturer's guarantee period shall in any way limit the liability of Contractor or Contractor's sureties and insurers under the indemnity or insurance provisions of this Agreement.

14. Indemnification
a. Contractor shall defend, indemnify and hold harmless the City, their officers, officials, agents, employees, volunteers, the County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therewith) arising out of the performance of this Agreement, except for any such claim arising out of the sole or active negligence or willful misconduct of the City, or their officers, agents, employees or volunteers.
b. If Contractor should subcontract all or any portion of the work to be performed under this Agreement, Contractor shall require each subcontractor to indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents and volunteers to the same extent as Contractor is required in the preceding paragraph.

Item Number: 11.

25 c. The City does not, and shall not, waive any rights that it may have against Contractor under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless, indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, action, damage, liability, loss, cost or expense described herein. d. Notwithstanding the foregoing provisions of this section, Contractor shall not be responsible for damages or be in default or deemed to be in default by reason of delay caused by strikes, lockouts, accidents, or acts of God, or the failure of the City to furnish timely information or to approve or disapprove Contractor’s work promptly, or by reason of delay or faulty performance by the City, construction contractors, or governmental agencies, or by reason of any other delays beyond Contractor’s control, or for which Contractor is without fault.
e. This section shall survive termination or expiration of this Agreement.

15. Default
a. Failure or delay by any party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the party who is otherwise claimed to be in default by the other party commences to cure, correct or remedy the alleged default within fifteen days after receipt of written notice specifying such default and shall diligently complete such cure, correction or remedy, such party shall not be deemed to be in default hereunder. b. The party which may claim that a default has occurred shall give written notice of default to the party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein. c. Any failure or delay by a party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.
d. In the event that a default of any party to this Agreement may remain uncured for more than fifteen days following written notice, as provided above, a "breach" shall be deemed to have occurred. In the event of a breach, the injured party shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings.

16. Licenses, Certifications and Permits
Contractor represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement.

Item Number: 11.

26 17. Labor Laws, Prevailing Wages
a. All work or services performed within the State of California pursuant to this Agreement by Contractor, Contractor’s employees and independent contractors, or Contractor’s subcontractors and its subcontractors’ employees and independent contractors shall be performed by individuals lawfully permitted to perform such work or services in the State of California and/or the United States of America pursuant to all applicable State and/or Federal labor laws, rules and regulations including, but not limited to, any State or Federal law, rule or regulation prohibiting the employment of undocumented workers or any other person not lawfully permitted to perform said work or services in the State of California or the United States of America. b. Contractor represents that it is an equal opportunity employer and shall not discriminate against any subcontractor, employee, or applicant (“person”) for employment because of race, denial of family and medical care leave, religious creed (including religious dress and grooming practices), color; national origin (including language use restrictions), ancestry, physical disability or mental disability (including HIV and Aids), medical condition (cancer and genetic characteristics), genetic information, military or veteran status, marital status, gender, gender identity, gender expression, sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), age or sexual orientation.

Unless otherwise permitted under the law, Contractor shall not refuse to hire or employ any such person or refuse to select any such person for a training program leading to employment, or bar or discharge any such person from employment or from a training program leading to employment, or otherwise discriminate against any such person in compensation or in terms, conditions, or privileges of employment. c. Contractor and all of Contractor’s subcontractors, if any, shall pay each employee engaged in all applicable trades or occupation not less than the prevailing hourly wage rate for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In accordance with the provisions of Section 1770 of the California Labor Code (“Labor Code”), the Director of Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Labor Code Section 1773.8, apprenticeship or other training programs authorized by Labor Code Section 3093 and similar purposes applicable to the work to be done. Said wages are available through the California Department of Industrial Relations’ Internet website at http://www.dir.ca.gov/dlsr/PWD/index.htm and are on file at City Hall, as provided in Section 1773.2 of the Labor Code. Said rates shall be posted at the Project site where work is to be performed, in accordance with Labor Code Section 1773.2. Contractor shall access a copy of the wage rate determination and shall make all subcontractors, if any, aware of the determination. As the wage determination for each craft reflects an expiration date, it shall be the Contractor’s responsibility to ensure that the prevailing wage rates of concern are current and paid.

Subject to the safe harbor provisions of Labor Code Section 1775, Contractor shall forfeit to the City an amount not to exceed two hundred dollars ($200) for each calendar day or portion thereof, as set by the Labor Commissioner in accordance with the terms of Labor Code section 1775, for each laborer, workmen or mechanics employed that is Item Number: 11.

27 paid less than the general prevailing rate of wages herein referred to and stipulated for any work done under the proposed contract, by him, or by any subcontractor under him, in violation of the provisions of the Labor Code, and in particular, Sections 1770 to 1781 inclusive. Contractor and any and all or its subcontractors shall forfeit to the City twenty-five dollars ($25) for each worker employed in the performance of this Agreement for each calendar day during which the worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Section 1813 of the Labor Code. In the event the total cost of the Project is thirty thousand dollars ($30,000.00) or more, Contractor shall further comply with provisions set forth in Labor Code Section 1777.5 pertaining to employment of properly registered apprentices, including without limitation the obligation to (i) pay employed apprentices the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered and shall be employed only at the work of craft or trade to which he or she is registered; (ii) employ apprentices in at least the ratio as set forth in said section; (iii) submit contract award information to an applicable apprenticeship program; and (iv) contribute to California Apprenticeship Council.
d. Contractor and all subcontractors hired to perform any work under the Project shall keep accurate payroll records, including the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each worker, in accordance with Section 1776 of the Labor Code. Payroll records shall be on forms provided by the Division of Labor Standards Enforcement (“DLSE”) or in a manner containing the same information as the forms provided by the DLSE. Failure to comply with the above may result in monetary penalties to the Contractor or affected subcontractor. Payroll records shall be verified by written declaration made under penalty of perjury, that the information contained in the records is true and correct. Contractor and any and all subcontractors shall make a certified copy of all payroll records available for inspection by DLSE, the City or any member of the public and otherwise provide certified copies of such records to any of the foregoing within ten (10) days of Contractor’s and subcontractor’s receipt of written request therefor. Failure to comply with the above may result in monetary penalties, in accordance with Labor Code Section 1776(d) and (h). e. Notwithstanding anything else to the contrary, Contractor hereby acknowledges that all contractors and subcontractors must be registered with the Department of Industrial Relations (“Department”) pursuant to Labor Code Section 1725.5 in order to be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any public work contract, including this Agreement, that is subject to the payment of prevailing wages. The Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. In accordance with Section 3700 of the Labor Code, Contractor must secure payment of compensation to all Contractor’s employees. Contractor represents and warrants that Contractor is registered with the Department in the manner prescribed by the Department and has paid the requisite application fee, as required by Labor Code Section 1725.5. Moreover, prior to Contractor entering into any contracts with any subcontractor, Contractor shall obtain proof that all such subcontractors have also registered with the Department in accordance with Section 1725.5.

Item Number: 11.

28 18. Notices
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the parties as follows:

To the City: Public Works Director
City of Desert Hot Springs
11-999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411
Facsimile: (760) 288-3129
To Contractor: ____________________
____________________
____________________
____________________
____________________
____________________
____________________
b. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.

19. Additional Federal Requirements
Whereas the work under this Agreement is subject to applicable Federal, State, and local laws and regulations, including but not limited to the regulations pertaining to the Community Development Block Grant program (24 CFR Part 570) and 2 CFR Part 200. Contractor, sub-contractors, Consultants, and sub-consultants agree to comply with, and are subject to, all applicable requirements as follows:

A. Equal Employment Opportunity - Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity", as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). The Contractor/Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin.

Contractor/Consultant will ensure that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The Contractor/Consultant will take affirmative action to ensure that applicants are employed and the employees are treated during employment, without regard to their race color, religion, sex, or national origin. Such actions shall include, but are not limited to, the following: employment, up-grading, demotion, or transfer; recruitment or recruitment advertising; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Item Number: 11.

29 Contractor/Consultant agrees to post in a conspicuous place, available to employees and applicants for employment, notices to be provided by the County setting forth the provisions of this non-discriminating clause.

B. Copeland “Anti-Kickback” Act (18 U.S.C. 874 and 40 U.S.C. 276c: All contracts and subgrants in excess of $2,000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland “Anti-Kickback” Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to HUD.

C. Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7: When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2000 shall include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 276a to a-7) and as supplemented by Department of Labor regulations (29 CFR part 5, “Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction”). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to HUD.

D. Contract Work Hours and Safety Standards Act (40 U.S.C. 327 through 333:

Where applicable, all contracts awarded by recipients in excess of $2000 for construction contracts and in excess of $2500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327–333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard workweek of 40 hours. Work in excess of the standard workweek is permissible provided that the worker is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the workweek.

Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

Item Number: 11.

30 E. Rights to Inventions Made Under a Contract or Agreement— Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by HUD.

F. Rights to Data and Copyrights – Contractors and consultants agree to comply with all applicable provisions pertaining to the use of data and copyrights pursuant to 48 CFR Part 27.4, Federal Acquisition Regulations (FAR).

G. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended—Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to HUD and the Regional Office of the Environmental Protection Agency (EPA).

H. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)— Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.

I. Debarment and Suspension (E.O.s 12549 and 12689)—No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, “Debarment and Suspension,” as set forth at 24 CFR part 24. This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549.

Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees.

J. Drug-Free Workplace Requirements—The Drug-Free Workplace Act of 1988 (42 U.S.C. 701) requires grantees (including individuals) of federal agencies, as a prior condition of being awarded a grant, to certify that they will provide drugfree workplaces. Each potential recipient must certify that it will comply with drugfree workplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 24, subpart F.

Item Number: 11.

31 K. Access to Records and Records Retention: The Consultant or Contractor, and any sub-consultants or sub-contractors, shall allow all duly authorized Federal, State, and/or County officials or authorized representatives access to the work area, as well as all books, documents, materials, papers, and records of the Consultant or Contractor, and any sub-consultants or sub-contractors, that are directly pertinent to a specific program for the purpose of making audits, examinations, excerpts, and transcriptions. The Consultant or Contractor, and any sub-consultants or sub-contractors, further agree to maintain and keep such books, documents, materials, papers, and records, on a current basis, recording all transactions pertaining to this agreement in a form in accordance with generally acceptable accounting principles. All such books and records shall be retained for such periods of time as required by law, provided, however, notwithstanding any shorter periods of retention, all books, records, and supporting detail shall be retained for a period of at least four (4) years after the expiration of the term of this Agreement.

L. Federal Employee Benefit Clause: No member of or delegate to the congress of the United States, and no Resident Commissioner shall be admitted to any share or part of this agreement or to any benefit to arise from the same.

M. Energy Efficiency: Mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94A 163, 89 Stat. 871).

N. Procurement of Recovered Materials (2 CFR 200.322.) A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

20. General Conditions
a. Severability. If any one or more of the sentences, clauses, paragraphs or sections contained herein is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate any of the remaining sentences, clauses, paragraphs or sections contained herein.

Item Number: 11.

32 b. Governing Law. The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties under this Agreement, shall be construed pursuant to and in accordance with California law. c. Cumulative Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other party. d. Venue. All proceedings involving disputes over the terms, provisions, covenants or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in Riverside County, California. e. Litigation Expenses and Attorneys Fees. In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof. f. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original.
g. Entire Agreement. This Agreement contains all of the covenants and agreements between the parties with respect to the subject matter of this Agreement, and supersedes any and all other agreements, either oral or written, between the City and Contractor. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any party except those covenants and agreements embodied in this Agreement. No agreement, statement, or promise not contained in this Agreement shall be valid or binding. h. Conflicts of Interest. Contractor covenants that it does not have any interest, nor shall it acquire an interest, directly or indirectly, which would conflict in any manner with the performance of Contractor’s services under this Agreement. In the event the City officially determines that Contractor must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Contractor shall file the subject Form 700 with City Hall, as specified under the Notice provisions of this Agreement, pursuant to the written instructions provided by the City.
i. Termination. The City shall have the option to terminate the contract if Contractor fails to perform all work as defined within the specifications and plans and all the covenants contained as provided for in the contract. The City and/or funding agency shall have the right to seek sanctions and penalties as may be appropriate to the violation/breach. In addition, the City may terminate this agreement if it determines that for financial reasons or other factors, not solely related to contractor’s failure to perform, including but not limited to violation of applicable Federal and/or State laws that Item Number: 11.

33 Contractor is in breach of this contract. Contractor will be paid for all work performed up to termination date.
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
Item Number: 11.

34 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above.

CITY OF DESERT HOT SPRINGS
_______________________________
Doria Wilms, City Manager
ATTEST:

_______________________________
Jerryl Soriano, CMC, City Clerk

APPROVED AS TO FORM:

_______________________________
Jennifer Mizrahi, City Attorney
_____________________________

_____________________________
By Its: _______________________

"N:\DHSO\0008-01 Public Works\Forms\5001 - Public Works Construction Agreement Prevailing Wage with Bonds (8.3.17).docx"
Item Number: 11.

35 EXHIBIT “A”

SCOPE OF SERVICES

SEE ATTACHED PROPOSAL
DATED _____________
Item Number: 11.

36 EXHIBIT “B”

PAYMENT BOND
See Post Contract Award Forms
Item Number: 11.

37 EXHIBIT “C”

PERFORMANCE BOND
See Post Contract Award Forms
Item Number: 11.

38 EXHIBIT “D”
HOLD HARMLESS/INDEMNIFICATION – RIVERSIDE COUNTY
Hold Harmless/Indemnification
CONTRACTOR shall indemnify and hold harmless the County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives (individually and collectively hereinafter referred to as Indemnitees) from any liability, action, claim or damage whatsoever, based or asserted upon any services of CONTRACTOR, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature. CONTRACTOR shall defend, at its sole expense, all costs, and fees including, but not limited, to attorney fees, cost of investigation, defense and settlements or awards, the Indemnitees in any claim or action based upon such alleged acts or omissions.

With respect to any action or claim subject to indemnification herein by CONTRACTOR, CONTRACTOR shall, at their sole cost, have the right to use counsel of their own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of the COUNTY; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes CONTRACTOR’S indemnification to Indemnitees as set forth herein.

CONTRACTOR’S obligation hereunder shall be satisfied when CONTRACTOR has provided to COUNTY the appropriate form of dismissal relieving COUNTY from any liability for the action or claim involved.

The specified insurance limits required in this Agreement shall in no way limit or circumscribe CONTRACTOR’S obligations to indemnify and hold harmless the Indemnitees herein from third party claims.

Insurance
Without limiting or diminishing the CONTRACTOR'S obligation to indemnify or hold the COUNTY harmless, CONTRACTOR shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverage’s during the term of this Agreement.

As respects to the insurance section only, the COUNTY herein refers to the County of Riverside, its Divisions, and Departments, their respective directors, officers, Board of Supervisors, Directors, employees, elected or appointed officials, agents, or representatives as Additional Insureds.

A. Workers’ Compensation:

If the CONTRACTOR has employees as defined by the State of California, the CONTRACTOR shall maintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers’ Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. The policy shall be endorsed to waive subrogation in favor of the COUNTY.

B. Commercial General Liability:

Commercial General Liability insurance coverage, including but not limited to, premises liability, unmodified contractual liability, products and completed operations liability, personal Item Number: 11.

39 and advertising injury, and cross liability coverage, covering claims which may arise from or out of CONTRACTOR’S performance of its obligations hereunder. Policy shall name the COUNTY as Additional Insured. Policy’s limit of liability shall not be less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit.

C. Vehicle Liability:

If vehicles or mobile equipment is used in the performance of the obligations under this Agreement, then CONTRACTOR shall maintain liability insurance for all owned, non-owned, or hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit. Policy shall name the COUNTY as Additional Insureds.

D. Professional Liability Contractor shall maintain Professional Liability Insurance providing coverage for the Contractor’s performance of work included within this Agreement, with a limit of liability of not less than $1,000,000 per occurrence and $2,000,000 annual aggregate. If Contractor’s Professional Liability Insurance is written on a claims made basis rather than an occurrence basis, such insurance shall continue through the term of this Agreement and CONTRACTOR shall purchase at his sole expense either 1) an Extended Reporting Endorsement (also, known as Tail Coverage); or 2) Prior Dates Coverage from new insurer with a retroactive date back to the date of, or prior to, the inception of this Agreement; or 3) demonstrate through Certificates of Insurance that CONTRACTOR has Maintained continuous coverage with the same or original insurer. Coverage provided under items; 1), 2), or 3) will continue as long as the law allows.

E. General Insurance Provisions - All lines:
1) Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A M BEST rating of not less than A: VIII (A:8) unless such requirements are waived, in writing, by the COUNTY Risk Manager. If the COUNTY’s Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term.
2) The CONTRACTOR must declare its insurance self-insured retention for each coverage required herein. If any such self-insured retention exceeds $500,000 per occurrence each such retention shall have the prior written consent of the COUNTY Risk Manager before the commencement of operations under this Agreement. Upon notification of self-insured retention unacceptable to the COUNTY, and at the election of the COUNTY’s Risk Manager, CONTRACTOR’S carriers shall either; 1) reduce or eliminate such self-insured retention as respects this Agreement with the COUNTY, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. 3) CONTRACTOR shall cause CONTRACTOR’S insurance carrier(s) to furnish the COUNTY with either 1) a properly executed original Certificate(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein, and 2) if requested to do so orally or in writing by the COUNTY Risk Manager, provide original Certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said Certificate(s) and policies of insurance shall contain the covenant of the Item Number: 11.

40 insurance carrier(s) that thirty (30) days written notice shall be given to the COUNTY prior to any material modification, cancellation, expiration or reduction in coverage of such insurance. In the event of a material modification, cancellation, expiration, or reduction in coverage, this Agreement shall terminate forthwith, unless the COUNTY receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage’s set forth herein and the insurance required herein is in full force and effect.

CONTRACTOR shall not commence operations until the COUNTY has been furnished original Certificate (s) of Insurance and certified original copies of endorsements and if requested, certified original policies of insurance including all endorsements and any and all other attachments as required in this Section. An individual authorized by the insurance carrier shall sign the original endorsements for each policy and the Certificate of Insurance. 4) It is understood and agreed to by the parties hereto that the CONTRACTOR’S insurance shall be construed as primary insurance, and the COUNTY'S insurance and/or deductibles and/or selfinsured retention’s or self-insured programs shall not be construed as contributory. 5) If, during the term of this Agreement or any extension thereof, there is a material change in the scope of services; or, there is a material change in the equipment to be used in the performance of the scope of work; or, the term of this Agreement, including any extensions thereof, exceeds five (5) years; the COUNTY reserves the right to adjust the types of insurance and the monetary limits of liability required under this Agreement, if in the COUNTY Risk Manager's reasonable judgment, the amount or type of insurance carried by the CONTRACTOR has become inadequate.
6) CONTRACTOR shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Agreement.
7) The insurance requirements contained in this Agreement may be met with a program(s) of self-insurance acceptable to the COUNTY.
8) CONTRACTOR agrees to notify COUNTY of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement.

Item Number: 11.

41 AFFIDAVIT FOR CO-PARTNERSHIP FIRM

STATE OF CALIFORNIA )
)ss
COUNTY OF ____________ )
___________________________________________________, being first duly sworn, deposes and says:

That he is a member of the co-partnership firm designated as ______________________________________________________________________ which is the party making the foregoing bid proposal; that such bid proposal is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid proposal or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Desert Hot Springs or any person interested in the proposed contract, for himself or for any other person.

That he has been and is duly vested with authority to make and sign instruments for the co-partnership by
______________________________________________________________________ ______________________________________________________________________ who constitute the other members of the co-partnership. __________________________
Signature
Subscribed and sworn (affirmed)
to before me this
_________________day of _________________________, 20____ ________________________________________________
Signature of Officer Administering Oath
(NOTARY PUBLIC)
Item Number: 11.

42 AFFIDAVIT FOR CORPORATION BIDDER

STATE OF CALIFORNIA )
)ss
COUNTY OF ___________ )
___________________________________________________, being first duly sworn, deposes and says:

That he is ___________________________________________________________of, ______________________________________________________________________ a corporation which is the party making the foregoing bid proposal; that such bid proposal is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid proposal or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Desert Hot Springs or any person interested in the proposed contract, for himself or for any other person.
__________________________
Signature
Subscribed and sworn (affirmed)
to before me this
_________________day of _________________________, 20___ ________________________________________________
Signature of Officer Administering Oath
(NOTARY PUBLIC)
Item Number: 11.

43 AFFIDAVIT FOR INDIVIDUAL BIDDER

STATE OF CALIFORNIA )
)ss
COUNTY OF ___________ )
___________________________________________________, being first duly sworn, deposes and says:

That he is the party making the foregoing bid proposal; that such bid proposal is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid proposal or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Desert Hot Springs or any person interested in the proposed contract, for himself or for any other person.
__________________________
Signature
Subscribed and sworn (affirmed)
to before me this
_________________day of _________________________, 20___

________________________________________________
Signature of Officer Administering Oath
(NOTARY PUBLIC)
Item Number: 11.

44 AFFIDAVIT FOR JOINT VENTURE

STATE OF CALIFORNIA )
)ss
COUNTY OF ___________ )
_____________________________________________, being first duly sworn, deposes and says:

That he is ___________________________________________________________of, ______________________________________________________________________ one of the parties submitting the foregoing bid proposal as a joint venture and that he has been and is duly vested with the authority to make and sign instruments for and on behalf of the parties making said bid proposal who are:
_____________________________________________________________________ ______________________________________________________________________ _____________________________________________________________________; that such bid proposal is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid proposal or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Desert Hot Springs or any person interested in the proposed contract, for himself or for any other person.
__________________________
Signature
Subscribed and sworn
to before me this
_________________day of _________________________ , 20___ ________________________________________________
Signature of Officer Administering Oath
(NOTARY PUBLIC)
Item Number: 11.

45 BIDDER’S BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WE,___________________________ _________________________________________________________as principal, and ______________________________________________as surety, are held and firmly bound unto the City of Desert Hot Springs, hereinafter “City” in the sum to ten percent (10%) of the total amount of the bid of the principal, to be paid to the said CITY or its certain attorney, its successors and assigns; for which payment will and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents.

In no case shall the liability of the surety hereunder exceed the sum of $____________ _____________________________________________________________________.

THE CONDITION OF THIS OBLIGATION IS SUCH,
That whereas the principal has submitted the above mentioned bid to the City of Desert Hot Springs for certain construction specifically described as follows, for which bids are to be opened at Desert Hot Springs City Hall on May 22, 2025 for Wardman Park Improvement Project.

NOW THEREFORE, if the aforesaid principal is awarded the contract, and within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form in accordance with the bid proposal, and files the two bonds with the City of Desert Hot Springs, one to guarantee faithful performance and other to guarantee payments for labor and materials, as required by law, 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 the obligee and judgment is recovered, the surety shall pay all costs incurred by the obligee in such suit, including a reasonable attorney's fee to be fixed by the court.

Item Number: 11.

46 BIDDER'S BOND
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this ____________ day of ______________________________ , 20___ _____________________________________(seal)
______________________________________(seal)
______________________________________(seal)
______________________________________(seal)

PRINCIPAL
______________________________________(seal)
______________________________________(seal)
SURETY
______________________________________(seal)

ADDRESS
NOTE: Signatures of those executing for the surety must be properly acknowledged.

Item Number: 11.

47 CERTIFICATION OF NON-DISCRIMINATION AND AFFIRMATIVE ACTION As suppliers of goods or services to the City of Desert Hot Springs, the firm listed below certifies that it does not discriminate in its employment with regards to race, religion, sex, or national origin; that it is in compliance with all Federal, State, and local directives and executive orders regarding non-discrimination in employment; and that it will pursue an affirmative course of action as required by the affirmative action guidelines.

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____________________________________________________________ TITLE OF OFFICER SIGNING________________________________________ SIGNATURE_______________________________DATE__________________ Please include any additional information available regarding equal opportunity employment programs now in effect within your company:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Item Number: 11.

48 CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS

CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY

CLAUSE AND THE FILING OF REQUIRED REPORTS
The bidder ________________, proposed subcontractor ______________, hereby certifies that he has ____, has not ____, participated in a previous contract or subcontract subject to the Equal Opportunity Clause, as required by Executive Orders 10925, 11114, or 11246, and that he has ____, has not ____, 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 filing requirements. _____________________________________
(COMPANY)
BY:__________________________________
_____________________________________
(TITLE)
DATE:___________________, 20___.

NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7 (b) (1), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the Equal Opportunity Clause. Contracts and subcontracts which are exempt from the Equal Opportunity Clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt).

Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.

Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7 (b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.

Item Number: 11.

49 NON-COLLUSION AFFIDAVIT
The undersigned in submitting a bid proposal for performing the following work by contract, being duly sworn, deposes and says:

That he has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract.

C
All project work and incidental items to complete the project shall be performed in accordance with the plans, specifications, and other provisions of the contract. All the above improvements are to be constructed in a workmanlike manner, leaving the entire project in a neat and presentable condition.
________________________________
________________________________
________________________________
Signature of Bidder
__________________________________
Business Address
__________________________________
Place of Business
Subscribed and sworn (affirmed) to before me this _____day of _____________, 20___ _____________________________________________________
Notary Public in and for the County of________________________ ______________________________, State of California
My commission expires _____________________, 20__
Item Number: 11.

50 SPECIAL FEDERAL PROVISIONS

GENERAL SUMMARY
The following Federal Provisions and the attached exhibits herewith become binding on the contractor(s) and incorporated in the Bid Document in their entirety.

1. The Contractor and the Subcontractor(s) shall perform all work in accordance with the project plans and specifications, including all stipulations designed to meet diversified Federal Environmental Architectural, the Architectural Barriers Act of 1968, as amended; the Americans with Disabilities Act of 1990, Public Law 101-336, as amended.

2. The Contractor and the Subcontractor(s) shall allow all authorized Federal, State Comptroller, and/or County officials access to the work area, fiscal, payroll, materials and other relevant contract records which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. All relevant records must be retained for at least four years.

3. The Contractor and the Subcontractor(s) shall comply with the Lead Based Paint Poisoning Prevention Act and the Implementation Regulations (24 CFR 35) issued pursuant thereto and any amendments thereof.

4. The Contractor and the Subcontractor(s) shall comply with Section 503 of the Rehabilitation Act of 1973 (P.L. 93-112) and the Implementation Regulations (41 CFR 60-741) issued pursuant thereto and any amendments thereof.

5. The Contractor and the Subcontractor(s) shall comply with Section 40-2, Vietnam Era Veterans Adjustment Assistance Act of 1974 and the Implementation Regulations (41 CFR 60- 250) issued pursuant thereto and any amendment thereof.

6. The Contractor and the Subcontractor(s) shall comply with the Title IV of the Civil Rights Act of 1964 and the Title VIII of the Civil Rights Act of 1963 and any amendment thereof.

7. For projects $100,000 or over, the Contractor and the Subcontractor(s) shall comply with Clean Air Act of 1963 (P.L. 90-148) and the Federal Water Pollution Act (P.L. 92-500), as amended and all applicable standards or regulations (40 CFR Part 15 and 61) issued pursuant to the said acts.

8. For projects $2,000 or over, the Contractor and the Subcontractor(s) shall comply with the Davis-Bacon Fair Labor Standards Act (40 USC a-276 a-5), and the implementation regulations issued pursuant thereto (29 CFR Section 1, 5) and any amendments thereof.

Pursuant to the said regulations, Exhibit B-1 and B-2 entitled “Federal Labor Standards Provisions” and “Federal Prevailing Wage Decision” respectively are herewith attached.

9. The Contractor and Subcontractor(s) shall comply with the Copeland Anti Kickback Act (40 USC 276 C) and the Implementation regulations (29 CFR 3) issued pursuant thereto and any amendments thereof. Exhibit B-1 contains the key provisions of the said act.

Item Number: 11.

51 10. For construction projects $2,000 or over, or other projects $2,500 or more which utilize mechanics or laborers the Contractor and the Subcontractor(s) shall comply with the Contract Work Hours and Safety Standards Act (40 USC 327-332) and the Implementation Regulations (29 CFR 5) issued pursuant thereto and any amendments thereof. Exhibit B-1 contains the key provisions of the said act.

11. For projects $25,000 or over the Contractor shall provide one sign board to be located as directed by the owner. The sign board shall be mounted in an acceptable manner and constructed as shown and specified in Exhibit B-3. Additional information can be added to the project sign at the request of the project sponsor.

12. The Contractor shall comply with all laws, ordinances, and regulations applicable to the work.

If the Contractor ascertains at any time that any of the requirements of the contract are at variance with applicable law, ordinances, regulations or building code requirements, he shall promptly notify the owner and the Executive Director of Riverside County's Department of Housing & Workforce Solutions and shall not proceed with the work in question, except at his own risk, until the owner and the said Director has had an opportunity to determine the extent of the responsibility for the variance and the appropriate corrective actions undertaken.

13. The Contractor must complete and execute the attached Certification of Bidder Regarding Segregated Facilities Exhibit B-4 and submit with the bid.

14. Wherever applicable, the Contractor and the Subcontractor(s) shall comply with, Uniform Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments, 24 CFR Part 85 or Uniform Requirements for Assistance to State and Local Governments, Circular A-102; Whichever is applicable.

15. For projects $100,000 or over the Contractor shall furnish to the owner, a Performance bond, a Payment bond, and Materials Bond executed as surety by a corporation acceptable to the owner and authorized to issue surety bonds in the State of California. Such a performance bond and a payment bond and materials bond shall be for one hundred percent (100%) of the total contract price. (Attached herewith are recommended formats for said bonds, Exhibits PA-1 and PA-2.

16. The Contractor and the Subcontractor(s) shall comply with Section 3 of The Housing and Community Development Act of 1968 and the regulations (24 CFR Part 75) issued pursuant thereto and amendments thereof. Pursuant to the said act, the Contractor and the Subcontractor(s) shall comply with the attached County of Riverside Section 3 Implementation Plan Exhibits B-5, B-6, and PA-6. The Contractor and Sub-contractor(s) must submit Exhibit B-6, for all projects over $200,000, as part of the bid package.

17. The Contractor and Sub-contractor(s) must submit the attached, Exhibit B-8, certification that “he/she fully understands the diversified Federal requirements imposed on the Contractor(s) and Sub-contractor(s) of HUD funded construction projects”, as part of the bid package.

Item Number: 11.

52 18. Wherever applicable, the Contractor and the Sub-contractor(s) shall comply with Section 109 of The Housing and Community Development Act of 1974 and the Implementation Regulations (24 CFR 570.601) issued pursuant thereto and any amendments thereof.

19. For projects $100,000 or over the Contractor shall submit a Bid Guarantee Bond in an amount no less than 5% of the total contract price, along with the bid.

20. The Contractor and Sub-contractor(s) shall comply with the Section 3 Reporting Requirements by completing the attachment Exhibit B-7 entitled, “Certification for Section 3 Compliance,” and submit with bid for all projects $200,000 and over.

21. Federal Employee Benefit Clause: No member of or delegate to the congress of the United States, and no Resident Commissioner shall be admitted to any share or part of this agreement or to any benefit to arise from the same.

22. The Contractor must submit Questionnaire Regarding Bidders Exhibit B-9 and List of Subcontractors Exhibit B-10 as part of the bid package. These forms are considered part of the Federal Contracting Requirements and are included in the bid document. Both documents are required to be completed by the Prime Contractor.

23. The Contractor shall follow mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). [ 53 FR 8068,8087, Mar. 11, 1988, as amended at 60 FR 19639,19642, April 19, 1995]

24. Contractor must comply with awarding agency (HUD) requirements and regulations pertaining to copyrights and rights in data.

25. Contractor will comply with Notice of awarding agency requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under such contract.

26. Contractor will comply with notice of awarding agency requirements and regulations pertaining to reporting.

Item Number: 11.

53 HOLD HARMLESS CLAUSE/INSURANCE REQUIREMENTS
The following County of Riverside Hold Harmless and Insurance provisions herewith become binding on the contractor(s) in their entirety.

HOLD HARMLESS/INDEMNIFICATION
CONTRACTOR shall indemnify and hold harmless the County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives (individually and collectively hereinafter referred to as Indemnitees) from any liability whatsoever, based or asserted upon any services of CONTRACTOR, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature whatsoever arising from the performance of CONTRACTOR, its officers, employees, subcontractors, agents or representatives Indemnitors from this Agreement. CONTRACTOR shall defend, at its sole expense, all costs and fees including, but not limited, to attorney fees, cost of investigation, defense and settlements or awards, the Indemnitees in any claim or action based upon such alleged acts or omissions.

With respect to any action or claim subject to indemnification herein by CONTRACTOR, CONTRACTOR shall, at their sole cost, have the right to use counsel of their own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of COUNTY; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes CONTRACTOR’S indemnification to Indemnitees as set forth herein.

CONTRACTOR’S obligation hereunder shall be satisfied when CONTRACTOR has provided to COUNTY the appropriate form of dismissal relieving COUNTY from any liability for the action or claim involved. The specified insurance limits required in this Agreement shall in no way limit or circumscribe CONTRACTOR’S obligations to indemnify and hold harmless the Indemnitees herein from third party claims. In the event there is conflict between this clause and California Civil Code Section 2782, this clause shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve the CONTRACTOR from indemnifying the Indemnitees to the fullest extent allowed by law.

INSURANCE
Without limiting or diminishing the CONTRACTOR’S obligation to indemnify or hold the COUNTY harmless, CONTRACTOR shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverage’s during the term of this Agreement. As respects to the insurance section only, the COUNTY herein refers to the County of Riverside, its Agencies, Districts, Special Districts, and Departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents or representatives as Additional Insureds.

A. Workers’ Compensation:

If the CONTRACTOR has employees as defined by the State of California, the CONTRACTOR shall maintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers’ Liability (Coverage B) including Occupational Disease with limits not less than Item Number: 11.

54 $1,000,000 per person per accident. The policy shall be endorsed to waive subrogation in favor of The County of Riverside.

B. Commercial General Liability:

Commercial General Liability insurance coverage, including but not limited to, premises liability, unmodified contractual liability, products and completed operations liability, personal and advertising injury, and cross liability coverage, covering claims which may arise from or out of CONTRACTOR’S performance of its obligations hereunder. Policy shall name the COUNTY as Additional Insured. Policy’s limit of liability shall not be less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit.

C. Vehicle Liability:

If vehicles or mobile equipment are used in the performance of the obligations under this Agreement, then CONTRACTOR shall maintain liability insurance for all owned, non-owned or hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit. Policy shall name the COUNTY as Additional Insureds.

D. Professional Liability – NOT APPLICABLE
(ONLY TO BE INCLUDED IN CONTRACTS WITH SERVICE PROVIDERS INCLUDING BUT NOT LIMITED TO ENGINEERS, DOCTORS, AND LAWYERS) Contractor shall maintain Professional Liability Insurance providing coverage for the Contractor’s performance of work included within this Agreement, with a limit of liability of not less than $1,000,000 per occurrence and $2,000,000 annual aggregate. If Contractor’s Professional Liability Insurance is written on a claims made basis rather than an occurrence basis, such insurance shall continue through the term of this Agreement and CONTRACTOR shall purchase at his sole expense either 1) an Extended Reporting Endorsement (also, known as Tail Coverage); or 2) Prior Dates Coverage from new insurer with a retroactive date back to the date of, or prior to, the inception of this Agreement; or 3) demonstrate through Certificates of Insurance that Contractor has Maintained continuous coverage with the same or original insurer. Coverage provided under items; 1), 2) or 3) will continue for a period of five (5) years beyond the termination of this Agreement.

E. General Insurance Provisions- All Lines:
a) Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A M BEST rating of not less than A: VIII (A:8) unless such requirements are waived, in writing, by the County Risk Manager. If the County’s Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term.
b) The Contractor’s insurance carrier(s) must declare its insurance deductibles or selfinsured retentions. If such deductibles or self-insured retentions exceed $500,000 per occurrence such deductibles and/or retentions shall have the prior written consent of the County Risk Manager before the commencement of operations under this Agreement. Upon notification of deductibles or self insured retention’s unacceptable to the County, and at the election of the Country’s Risk Manager, Contractor’s carriers shall either; 1) reduce or eliminate such Item Number: 11.

55 deductibles or self-insured retention’s as respects this Agreement with the County, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses.
c) Contractor shall cause Contractor’s insurance carrier(s) to furnish the County of Riverside with either 1) a properly executed original Certificate(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein, or 2) if requested to do so orally or in writing by the County Risk Manager, provide original Certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect.

Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that thirty (30) days written notice shall be given to the County of Riverside prior to any material modification, cancellation, expiration or reduction in coverage of such insurance. In the event of a material modification, cancellation, expiration, or reduction in coverage, this Agreement shall terminate forthwith, unless the County of Riverside receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage’s set forth herein and the insurance required herein is in full force and effect.

Contractor shall not commence operations until the County has been furnished original Certificate (s) of Insurance and certified original copies of endorsements or policies of insurance including all endorsements and any and all other attachments as required in this Section. An individual authorized by the insurance carrier to do on its behalf shall sign the original endorsements for each policy and the Certificate of Insurance. d) It is understood and agreed to by the parties hereto and the insurance company(s), that the Certificate(s) of Insurance and policies shall so covenant and shall be construed as primary insurance, and the County’s insurance and/or deductibles and/or self-insured retention’s or selfinsured programs shall not be construed as contributory. e) The County’s Reserved Rights--Insurance. If, during the term of this Agreement or any extension thereof, there is a material change in the scope of services; or, there is a material change in the equipment to be used in the performance of the scope of work (such as the use of aircraft or watercraft) the County reserves the right to adjust the types of insurance required under this Agreement and the monetary limits of liability for the insurance coverage’s currently required herein, if; in the County Risk Manager's reasonable judgment, the amount or type of insurance carried by the Contractor has become inadequate. f) Contractor shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Agreement.
g) The insurance requirements contained in this agreement may be met with a program(s) of self-insurance acceptable to the County
Item Number: 11.

56 EXHIBIT B-1
HUD-4010 U.S. Department of Housing
and Urban Development Federal Labor Standards Provisions Office of Davis-Bacon and Labor Standards
A. APPLICABILITY
The Project or Program to which the construction work covered by this Contract pertains is being assisted by the United States of America, and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance.

1. Minimum wages and fringe benefits
i. All laborers and mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in 29 CFR 5.5(d) and (e), the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the DavisBacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(v) of these contract clauses; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage determination for the classification(s) of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under 29 CFR 5.5(a)(1)(iii)) and the Davis-Bacon poster (WH-1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. ii. Frequently recurring classifications
A. In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly submitted pursuant to 29 CFR 5.5(a)(1)(iii), provided that:

1. The work performed by the classification is not performed by a classification in the Item Number: 11.

57 wage determination for which a prevailing wage rate has been determined;

2. The classification is used in the area by the construction industry; and

3. The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination.

B. The Administrator will establish wage rates for such classifications in accordance with 29 CFR 5.5(a)(1)(iii)(A)(3). Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification.
iii. Conformance
A. The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination, and which is to be employed under the contract be classified in conformance with the wage determination. Conformance of an additional classification and wage rate and fringe benefits is appropriate only when the following criteria have been met:

1. The work to be performed by the classification requested is not performed by a classification in the wage determination; and

2. The classification is used in the area by the construction industry; and

3. The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.

B. The conformance process may not be used to split, subdivide, or otherwise avoid application of classifications listed in the wage determination.

C. If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to [email protected]. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.

D.In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to [email protected], refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.

E. The contracting officer must promptly notify the contractor of the action taken by the Wage and Hour Division under 29 CFR 5.5 (a)(1)(iii)(C) and (D). The contractor must furnish a written copy of such determination to each affected worker, or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to 29 CFR 5.5 (a)(1)(iii)(C) or (D) must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. iv. Fringe benefits not expressed as an hourly rate
Item Number: 11.

58 Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof. v. Unfunded plans
If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in 29 CFR 5.28, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
vi. Interest In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages.

2. Withholding
i. Withholding requirements
The U. S. Department of Housing and Urban Development may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in 29 CFR 5.5(a) for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the same prime contractor (as defined in 29 CFR 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a contractor’s failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work (or otherwise working in construction or development of the project under a development statute) all or part of the wages required by the contract, or upon the contractor’s failure to submit the required records as discussed in 29 CFR 5.5(a)(3)(iv), HUD may on its own initiative and after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
ii. Priority to withheld funds
The Department has priority to funds withheld or to be withheld in accordance with 29 CFR 5.5(a)(2)(i) or (b)(3)(i), or both, over claims to those funds by:

A. A contractor’s surety(ies), including without limitation performance bond sureties and payment bond sureties;
B. A contracting agency for its reprocurement costs;
C. A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor’s bankruptcy estate; Item Number: 11.

59 D. A contractor’s assignee(s);
E. A contractor’s successor(s); or
F. A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907.

3. Records and certified payrolls
i. Basic record requirements
A. Length of record retention. All regular payrolls and other basic records must be maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed.

B. Information required Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each worker’s correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid.

C. Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(v) that the wages of any laborer or mechanic include the amount of any
costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act, the contractor must maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.

D. Additional records relating to apprenticeship Contractors with apprentices working under approved programs must maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs.
ii.Certified payroll requirements
A. Frequency and method of submission The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Acts-covered work is performed, certified payrolls to HUD if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the certified payrolls to the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records, for transmission to HUD. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting agency or prime contractor permits other methods of submission in situations where the contractor is unable or limited in its ability to use or access the electronic system B. Information required The certified payrolls submitted must set out accurately and Item Number: 11.

60 completely all of the information required to be maintained under 29 CFR

5.5(a)(3)(i)(B), except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker (e.g., the last four digits of the worker’s Social Security number). The required weekly certified payroll information may be submitted using Optional Form WH-347 or in any other format desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/wh347.pdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the sponsoring government agency (or the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records).

C. Statement of Compliance Each certified payroll submitted must be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor, or the contractor’s or subcontractor’s agent who pays or supervises the payment of the persons working on the contract, and must certify the following:

1. That the certified payroll for the payroll period contains the information required to be provided under 29 CFR 5.5(a)(3)(ii), the appropriate information and basic records are being maintained under 29 CFR 5.5 (a)(3)(i), and such information and records are correct and complete;

2. That each laborer or mechanic (including each helper and apprentice) working on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR part 3; and

3. That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually performed, as specified in the applicable wage determination incorporated into the contract.

D. Use of Optional Form WH-347 The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 will satisfy the requirement for submission of the “Statement of Compliance” required by 29 CFR

5.5(a)(3)(ii)(C).

E. Signature The signature by the contractor, subcontractor, or the contractor’s or subcontractor’s agent must be an original handwritten signature or a legally valid electronic signature.

F. Falsification The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729.

G. Length of certified payroll retention The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
iii. Contracts, subcontracts, and related documents The contractor or subcontractor must maintain this contract or subcontract and related documents including, without limitation, bids, proposals, amendments, modifications, and extensions. The Item Number: 11.

61 contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
iv. Required disclosures and access
A. Required record disclosures and access to workers The contractor or subcontractor must make the records required under 29 CFR 5.5(a)(3)(i)–(iii), and any other documents that HUD or the Department of Labor deems necessary to determine compliance with the labor standards provisions of any of the applicable statutes referenced by 29 CFR 5.1, available for inspection, copying, or transcription by authorized representatives of HUD or the Department of Labor, and must permit such representatives to interview workers during working hours on the job.

B. Sanctions for non-compliance with records and worker access requirements If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to 29 CFR 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the contractor or person for an extension of the time for submission of records. WHD will determine the reasonableness of the request and may consider, among other things, the location of the records and the volume of production.

C. Required information disclosures Contractors and subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to HUD if the agency is a party to the contract, or to the Wage and Hour Division of the Department of Labor. If the Federal agency is not such a party to the contract, the contractor, subcontractor, or both, must, upon request, provide the full Social Security number and last known address, telephone number, and email address of each covered worker to the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records, for transmission to HUD, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action.

4. Apprentices and equal employment opportunity
i. Apprentices
A. Rate of pay Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Item Number: 11.

62 Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA.

A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship Agency recognized by the OA withdraws approval of an apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

B. Fringe benefits Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits must be paid in accordance with that determination.

C. Apprenticeship ratio The allowable ratio of apprentices to journey workers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to 29 CFR 5.5(a)(4)(i)(D). Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in 29 CFR 5.5(a)(4)(i)(A), must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage determination for the work actually performed.

D. Reciprocity of ratios and wage rates Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journey worker’s hourly rate) applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor’s registered program must be observed.
ii. Equal employment opportunity The use of apprentices and journey workers under this part must be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.

5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract.

6. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (11), along with the applicable wage determination(s) and such other clauses or contract modifications as the U.S.

Department of Housing and Urban Development may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and Item Number: 11.

63 monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and may be subject to debarment, as appropriate.

7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.

8. Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.

9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.

10. Certification of eligibility.
i. By entering into this contract, the contractor certifies that neither it nor any person or firm who has an interest in the contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of 40 U.S.C. 3144(b) or 29 CFR 5.12(a). ii. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or 29 CFR 5.12(a). iii. The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 18 U.S.C. 1001.
11 Anti-retaliation It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
i. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, or 29 CFR parts 1, 3, or 5; ii. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, or 29 CFR parts 1, 3, or 5; iii. Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, or 29 CFR parts 1, 3, or 5; or iv. Informing any other person about their rights under the DBA, Related Acts, or 29 CFR parts 1, 3, or 5.

B. Contract Work Hours and Safety Standards Act (CWHSSA) The Agency Head must cause or require the contracting officer to insert the following clauses set forth in 29 CFR 5.5(b)(1), (2), (3), (4), and (5) in full, or (for contracts covered by the Federal Acquisition Regulation) by reference, in any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses must be inserted in addition to the clauses required by 29 CFR 5.5(a) or 4.6. As used in this paragraph, the terms “laborers and mechanics” include watchpersons and guards.

1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in Item Number: 11.

64 which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in 29 CFR 5.5(b)(1) the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages and interest from the date of the underpayment. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchpersons and guards, employed in violation of the clause set forth in 29 CFR 5.5(b)(1), in the sum of $31 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in 29 CFR 5.5(b)(1).

3. Withholding for unpaid wages and liquidated damages
i. Withholding process The U.S Department of Housing and Urban Development or the recipient of Federal assistance may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary relief, including interest; and liquidated damages required by the clauses set forth in 29 CFR 5.5(b) on this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the same prime contractor (as defined in 29 CFR 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld.
ii Priority to withheld funds The Department has priority to funds withheld or to be withheld in accordance with 29 CFR 5.5(a)(2)(i) or (b)(3)(i), or both, over claims to those funds by:

A. A contractor’s surety(ies), including without limitation performance bond sureties and payment bond sureties;
B. A contracting agency for its reprocurement costs;
C. A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor’s bankruptcy estate; D. A contractor’s assignee(s);
E. A contractor’s successor(s); or
F. A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907.

4. Subcontracts.The contractor or subcontractor must insert in any subcontracts the clauses set forth in 29 CFR 5.5(b)(1) through (5) and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth Item Number: 11.

65 in 29 CFR 5.5(b)(1) through (5). In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate.
5 Anti-retaliation It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
i. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing regulations in 29 CFR part 5; ii. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or 29 CFR part 5;
iii. Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or 29 CFR part 5; or
iv. Informing any other person about their rights under CWHSSA or 29 CFR part 5.

C. CWHSSA required records clause In addition to the clauses contained in 29 CFR 5.5(b), in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other laws referenced by 29 CFR 5.1, the Agency Head must cause or require the contracting officer to insert a clause requiring that the contractor or subcontractor must maintain regular payrolls and other basic records during the course of the work and must preserve them for a period of 3 years after all the work on the prime contract is completed for all laborers and mechanics, including guards and watchpersons, working on the contract. Such records must contain the name; last known address, telephone number, and email address; and social security number of each such worker; each worker’s correct classification(s) of work actually performed; hourly rates of wages paid; daily and weekly number of hours actually worked; deductions made and actual wages paid. Further, the Agency Head must cause or require the contracting officer to insert in any such contract a clause providing that the records to be maintained under this paragraph must be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the (write the name of agency) and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview workers during working hours on the job.

D. Incorporation of contract clauses and wage determinations by reference Although agencies are required to insert the contract clauses set forth in this section, along with appropriate wage determinations, in full into covered contracts, and contractors and subcontractors are required to insert them in any lower-tier subcontracts, the incorporation by reference of the required contract clauses and appropriate wage determinations will be given the same force and effect as if they were inserted in full text.

E. Incorporation by operation of law The contract clauses set forth in this section (or their equivalent under the Federal Acquisition Regulation), along with the correct wage determinations, will be considered to be a part of every prime contract required by the applicable statutes referenced by 29 CFR 5.1 to include such clauses, and will be effective by operation of law, whether or not they are included or incorporated by reference into such contract, unless the Administrator grants a variance, tolerance, or exemption from the application of this paragraph. Where the clauses and applicable wage determinations Item Number: 11.

66 are effective by operation of law under this paragraph, the prime contractor must be compensated for any resulting increase in wages in accordance with applicable law.

F. HEALTH AND SAFETY
The provisions of this paragraph (F) are applicable where the amount of the prime contract exceeds
$100,000.

1. No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his or her health and safety, as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation.

2. The contractor shall comply with all regulations issued by the Secretary of Labor pursuant to 29 CFR Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96), 40 U.S.C. § 3701 et seq.

3. The contractor shall include the provisions of this paragraph in every subcontract, so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions.

Item Number: 11.

67 FEDERAL PREVAILING WAGE DECISION
(CA mod. 5/12/2025)
LABOR STANDARDS REQUIREMENTS - PRECONSTRUCTION PHASE. A construction project covered by Federal Labor Standards Provisions (HUD-4010) requires a series of specific actions prior to the actual start of construction. Those actions are:
a. obtaining an applicable Davis-Bacon wage determination for the project; b. including that wage determination (and any modifications) in the bid documents where there is competitive bidding or in invitations for proposals; and c. including appropriate labor standards provisions and the wage determination in the construction contract.

CONSTRUCTION WAGE DETERMINATION - DEFINITION. All construction bid documents and contracts, or analogous instruments covered by the Federal Labor Standards Provisions (HUD-4010) must contain a current and applicable wage determination issued by the Department of Labor. The term “wage determination” includes the original decision and any subsequent decisions modifying, superseding, correcting, or otherwise changing the provisions of the original decision.

Reference: Handbook 1344.1 Federal Labor Standards Compliance in Housing and Community Development Programs'; paragraph 2-1, section 1 paragraph 1-1.

OBTAINING WAGE DETERMINATIONS
The Riverside County Department of Housing & Workforce Solutions (HWS) will be responsible to obtain and provide the appropriate Federal wage determination from the U.S. Department of Labor (DOL) for this project. The appropriate wage determination will be the most current determination, applicable for Riverside County and the construction type, that is effective ten (10) days before the opening of bids. Wage determinations shall be effective (locked-in) on the date that bids are opened provided that the contract is awarded within 90 days after bid opening. If the contract is awarded more than 90 days after bid opening, the wage determination shall be updated as of the date of award. If construction starts more than 90 days after contract award, the wage determination shall be updated as of the construction start date.

EXHIBIT B-2
Item Number: 11.

68 Item Number: 11.

69 Applicable Federal Worker Classifications
Carpenter – CARP0213-001 01/01/2024
Electrician – ELEC0440-001 12/30/2024
Operator – ENGI0012 07/01/2023
Iron Worker – IRON0433-006 01/01/2025
Cement Mason/Concrete Finisher – PLAS0500-002 07/01/2023 Truck Driver – TEAM0011-002 07/01/2024
Applicable State Worker Classifications
Item Number: 11.

70 PROJECT SIGN
(For Community Development Block Grant Funded Projects) Required for all Projects $25,000 or over
(4’ X 8’)
[Contact HWS for City CDBG Funded Project]
(Enter Project Name)
$000,000.00
City of XXXXXXX
(Mayor) (City Manager)
(NAME) (NAME)

CONTRACTOR ENGINEER/ARCHITECT

COUNTY OF RIVERSIDE

DEPARTMENT OF HOUSING & WORKFORCE SOLUTIONS
SUPERVISOR (Enter First and Last Name)
(Enter District #1-5) DISTRICT
FUNDED BY: U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM

EQUAL OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER
EXECUTIVE ORDER 11246 AND SECTION 3 OF HOUSING AND URBAN DEVELOPMENT ACT OF 1968, AS AMENDED
Figure 1Change to your
City's Logo
EXHIBIT B-3

Item Number: 11.
71 Additional Federal Requirements
Whereas, the work under this Agreement is subject to applicable Federal, State, and local laws and regulations, including but not limited to the regulations pertaining to the Community Development Block Grant program (24 CFR Part 570) and the Uniform Administrative Requirement, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200). Contractor, subcontractors, Consultants, and sub-consultants agree to comply with, and are subject to, all applicable requirements as follows:

O. Equal Employment Opportunity - Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity", as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Part 60). The Contractor/Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, general identity or national origin.

Contractor/Consultant will ensure that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex sexual orientation, general identity or national origin. The Contractor/Consultant will take affirmative action to ensure that applicants are employed and the employees are treated during employment, without regard to their race color, religion, sex, sexual orientation, general identity or national origin. Such actions shall include, but are not limited to, the following: employment, up-grading, demotion, or transfer; recruitment or recruitment advertising; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor/Consultant agrees to post in a conspicuous place, available to employees and applicants for employment, notices to be provided by the County setting forth the provisions of this non-discriminating clause.

2. Copeland “Anti-Kickback” Act (18 U.S.C. 874 and 40 U.S.C.A. Section 3145): All contracts and subgrants in excess of $2,000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland “Anti-Kickback” Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to HUD.

3. Davis-Bacon Act, as amended (40 U.S.C.A. Section 3141-3148): When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2000 shall include a provision for compliance with the Davis-Bacon Act (40 U.S.C. A. Section 3141-3148) and as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction”). Under the Davis Bacon Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the U.S. Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the U.S. Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to HUD.

4. Contract Work Hours and Safety Standards Act (40 U.S.CA.. 32701 through 3708): Where applicable, all contracts awarded by recipients in excess of $2,000 for construction contracts and in excess of $2,500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with the Contract Work Hours and Safety Standards (40 U.S.C.A.

Item Number: 11.

72 32701–3708), as supplemented by Department of Labor Regulations (29 CFR Part 5). Under Section 40 U.S.C.A. 3702, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard workweek of 40 hours. Work in excess of the standard workweek is permissible provided that the worker is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the workweek. 40 U.S.C.A. 3704of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

5. Rights to Inventions Made Under a Contract or Agreement— Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by HUD.

6. Rights to Data and Copyrights – Contractors and consultants agree to comply with all applicable provisions pertaining to the use of data and copyrights pursuant to 48 CFR Part 27.404-3, Federal Acquisition Regulations (FAR).

7. Air Pollution Prevention and Control (formally known as the Clean Air Act) (42 U.S.C.A. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C.A. Section 1251 et seq.), as amended:—Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C.A. 1251 et seq.). Violations shall be reported to HUD and the Regional Office of the Environmental Protection Agency (EPA).

8. Byrd Anti-Lobbying Amendment (31 U.S.C.A. 1352)— Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.

9. Debarment and Suspension (Executive Orders (E.O. s) 12549 and 12689)—No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, “Debarment and Suspension,” as set forth at 24 CFR part 2424. This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees.

10. Drug-Free Workplace Requirements— The Anti-Drug Abuse Act of 1988 (41 U.S.C.A.

Section 8101-8103)requires grantees (including individuals) of federal agencies, as a prior condition of being awarded a grant, to certify that they will provide drug-free workplaces. Each potential recipient must certify that it will comply with drug-free workplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 2425.

Item Number: 11.

73 11. Access to Records and Records Retention: The Consultant or Contractor, and any subconsultants or sub-contractors, shall allow all duly authorized Federal, State, and/or County officials or authorized representatives access to the work area, as well as all books, documents, materials, papers, and records of the Consultant or Contractor, and any sub-consultants or sub-contractors, that are directly pertinent to a specific program for the purpose of making audits, examinations, excerpts, and transcriptions. The Consultant or Contractor, and any sub-consultants or subcontractors, further agree to maintain and keep such books, documents, materials, papers, and records, on a current basis, recording all transactions pertaining to this agreement in a form in accordance with generally acceptable accounting principles. All such books and records shall be retained for such periods of time as required by law, provided, however, notwithstanding any shorter periods of retention, all books, records, and supporting detail shall be retained for a period of at least four (4) years after the expiration of the term of this Agreement.

12. Federal Employee Benefit Clause: No member of or delegate to the congress of the United States, and no Resident Commissioner shall be admitted to any share or part of this agreement or to any benefit to arise from the same.

13. Energy Efficiency: Mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94A 163, Dec. 22, 1975; 42 U.S.C.A. Section 6201, et. seq., 89 Stat. 871).

14. Procurement of Recovered Materials (2 CFR 200.322.) A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with 42 U.S.C.

Section 6962 of the Solid Waste Disposal Act (42 U.S.C.A. Section 6901, et seq.), as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

15. Build America, Buy America (BABA) Act: The Grantee must comply with the requirements of the Build America, Buy America (BABA) Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, If applicable to the Grantee’s infrastructure project. Pursuant to HUD’s Notice, “Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance” (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver.

16. Violence Against Women Act (VAWA): VAWA provides housing protections for survivors of domestic and dating violence, sexual assault and stalking (‘domestic violence”). VAWA 2022 reauthorizes, amends, and strengthens the VAWA of 1994, as amended (Pub. L. 103-322, tit. IV, sec. 40001-40703; 34 U.S.C. 12291 et seq.) HUD’s implementing regulations for VAWA’S protections, rights, and responsibilities are codified in 24 CFR part 5, subpart L, and related provisions in HUD’s program regulations (HUD’s VAWA regulations). VAWA 2022 amendments took effect on October 1, 2022 and 2022 VAWA’s reauthorization includes new implementation requirements. Grantees, subrecipients and developers shall ensure compliance with all requirements of VAWA including but not limited to: (a) Assure domestic violence survivors are not denied assistance as an applicant, or evicted, or have assistance terminated as a tenant because applicant or tenant is or has been a victim of domestic violence; (b) Implement an emergency transfer plan allowing domestic violence Item Number: 11.

74 survivor to move to another safe and available unit; (c) Provide protections against denial, terminations, and evictions that directly result from being a victim of domestic violence; (d) Implement a low barrier certification process and allow self-certification of domestic violence.

Item Number: 11.

75 CERTIFICATION OF BIDDER

REGARDING NONSEGREGATED FACILITIES
Project Name: _________________________________
Name of Bidder: _______________________________
The above-named Bidder hereby certifies that:

I do not maintain or provide for my employees any segregated facilities at any of my establishments, and that I do not permit my employees to perform their services at any location, under my control, where segregated facilities are maintained. As used in this certification, the term “segregated facilities” means any waiting rooms, work areas, rest rooms, wash rooms, restaurants and other eating areas, time clocks, locker rooms or other dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, national origin, or because of habits, local customs, or otherwise.

I further agree to obtain identical certifications from all proposed subcontractors prior to the award of subcontracts exceeding $10,000.

EXHIBIT B-7
Required Bid Form
EXHIBIT B-4
Required Bid Form
Signature: _________________________________
Name (Print): ______________________________
Title: _____________________________________
Date: _____________________________________
Item Number: 11.

76 Project Name: _________________________________ Bid/Solicitation #: ____________________ CERTIFICATION:

I hereby certify that I have reviewed and understand the diversified Federal construction contract-related requirements imposed on the Contractor(s) of HUD-funded construction projects, including but not limited to the following:

1. The subject project is being financed with Community Development Block Grant funds (24 CFR Part 570); and

2. This project and all related construction contracts are subject to the U.S. Department of Housing and Urban Development’s Federal Labor Standards Provisions (HUD 4010 – revised 10/2023); and

3. This project is subject to all applicable laws and regulations as listed in the General Summary of these Special Federal Provisions; and

4. If my bid is $200,000 or more, this project and all related contracts will be subject to Section 3 requirements (12 U.S.C.1701u); and

5. If the project is $250,000 or more, this project and all related contracts will be subject to comply with the requirements of the Build America, Buy America (BABA) Act (41 USC 8301).

CONTRACTOR’S NAME:

CONTRACTOR’S LICENSE NO.:

ADDRESS:

AUTHORIZED REPRESENTATIVE: (Print Name)
SIGNATURE:

DATE:

BIDDER CERTIFICATION ON

FEDERAL CONTRACT REQUIREMENTS
Item Number: 11.

77 QUESTIONNAIRE REGARDING BIDDERS
Bidder has been engaged in the contracting business under the present name of __________________________________________________, since ________________(Date).

Present business address is: _____________________________________________________ Federal Tax ID: ___________________________ Amount of Bid $_____________________ California Contractor's License No.: __________________ Expiration Date:
______________
UEI Number: _____________________________ or CAGE Code: ________________________ Because this project is Federally funded, it is necessary to obtain information concerning minority and other group participation for statistical purposes. The U.S. Department of Housing and Urban Development (HUD) uses this information to determine the degree to which its programs are being utilized by minority business enterprises and targeted group contractors.

A minority enterprise is defined by the Federal Government as a business that is fifty-one percent (51%) or more “minority-owned”. Please check the applicable box concerning the ownership of your business:
 American Indian or Native Alaskan
 Asian or Pacific Islander/Native Hawaiian
 Black/African American
 Hispanic
 White
 Hasidic Jews
 Other __________
A woman-owned enterprise is defined by the Federal Government as a business that is fifty-one percent (51%) or more woman-owned. Please check applicable box concerning the ownership of your business:
 Woman/Female owned  Male owned
A Section 3 Contractor or Subcontractor is a business concern that is more than fifty-one percent (51%) owned by a low or very low-income person, or over 75 percent of the labor hours performed for the business over the prior three-month period are performed by Section 3 workers. Please check the applicable box concerning the ownership of your business:
 Section 3 Business concern  Non-Section 3 Business concern The United States Department of Housing and Urban Development (HUD) is authorized to solicit the information requested in this form by virtue of Title 12, United States Code, Section 1701 et seq., and other regulations. It will not be disclosed or released outside of HUD without your consent, except as required or permitted by law.

EXHIBIT B-8
Required Bid Form
Item Number: 11.

78 LIST OF SUBCONTRACTORS
SUBCONTRACTOR FED. I.D.# AMOUNT ADDRESS/PHONE NO.
___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ NAME OF SUPPLIER ADDRESS/PHONE NO. CONTRACT AMOUNT
__________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________

This form is to be completed and submitted with the bid package.

EXHIBIT B-9
Required Bid Form

SUPPLIERS
Item Number: 11.

79 POST CONTRACT AWARD FORMS
Item Number: 11.

80 PERFORMANCE BOND
Recitals: 1. ______________________________________________________________________________ (Contractor) has entered into an Agreement dated_____________________ with _______________________________ for construction of public work known as
(Project)

2. ____________________________________________________________________ , a

corporation (Surety), is the Surety under this Bond Agreement:

We, Contractor, as Principal, and Surety, jointly and severally agree, state, and are bound unto Owner, as obligee, as follows:

1. The amount of the obligation of this Bond is 100% of the estimated contract price for the project of $ and insures to the benefit of Owner.

2. This Bond is exonerated by Contractor doing all things to be kept and performed by it in strict conformance with the Contract Documents for the Project, otherwise it remains in full force and effect for the recovery of loss, damage and expense of Owner resulting from failure of Contractor to so act. All of said Contract documents are incorporated herein.

3. This obligation is binding on our successors and assigns.

4. For value received. Surety stipulates and agrees that no change, time extension, prepayment to Contractor, alteration or addition to the terms and requirements of the Contract Document or the work to be performed thereunder shall affect its obligations hereunder and waives notice as to such matters, except the total contract price cannot be increased by more than 10% without approval of Surety.

THIS BOND is executed as of Date
By By
By Type Name
Title
Contractor
Note: This Bond must be executed by both parties with corporate seal affected. All signatures must be acknowledged. (Attach acknowledgments)
Its Attorney in Fact “Surety”
EXHIBIT PA-1
Item Number: 11.

81 PAYMENT BOND
(Public Work - Civil Code 3247 et seq.)
The makers of this Bond are ______________________________________________________________ as Principal and Original Contractor and_________________________________________________________ , a corporation, authorized to issue Surety Bonds in California, as Surety, and this Bond is issued in conjunction with that certain public works contract dated _______________________________________ between Principal and ___________________________________________________________________ a public entity, as Owner; for the BOND is one hundred percent (100%) of said sum. Said contract is for public work generally consisting of______________________________________________________ The beneficiaries of this Bond are as stated in 3248 of Civil Code and the requirements and conditions of this Bond are as is set forth in 3248, 3249, 3250 and 3252 of said Code. Without notice, Surety consents to extension of time for performance, change in requirements, amount of compensation, prepayment under said contract Dated
Original Contractor - Principal
By ______________________________________________ Surety By ______________________________ Title
(If corporation - affix seal)
(Corporate Seal)

STATE OF CALIFORNIA
COUNTY OF ____________________________ ) SS SURETY'S ACKNOWLEDGMENT On ____________ before me personally appeared_____________________________________________ known to me to be the person whose name is subscribed to the within the instrument as attorney in fact of_________________________________________________ , a corporation, and acknowledged that he subscribed the name of said corporation thereto, and his own name is its attorney in fact.

Notary Public (Seal)
Riverside County Counsel
Approved Form 1-9-74
EXHIBIT PA-2
Item Number: 11.

82 SUBCONTRACTOR QUESTIONNAIRE
Subcontractor has been engaged in the contracting business under the present name of: _______ __________________________________________________, since ______________ (Date).

Present business address is: ___________________________________________________ Federal Tax ID: ___________________ Amount of Subcontract $__________________ State of California Contractor's License No.: __________________ Expiration Date: _____________
Because this project is Federally funded, it is necessary to obtain information concerning minority and other group participation for statistical purposes. The U.S. Department of Housing and Urban Development (HUD) uses this information to determine the degree to which its programs are being utilized by minority business enterprises and targeted group contractors.

A minority enterprise is defined by the Federal Government as a business that is fifty-one percent (51%) or more “minority-owned”. Please check the applicable box concerning the ownership of your business:
 American Indian or Native Alaskan
 Asian or Pacific Islander/Native Hawaiian
 Black/African American
 Hispanic
 White
 Hasidic Jews
 Other __________
A woman-owned enterprise is defined by the Federal Government as a business that is fifty-one percent (51%) or more woman-owned. Please check the applicable box concerning the ownership of your business:
 Woman/Female owned  Male owned
A Section 3 Contractor or Subcontractor is a business concern that is more than fifty-one percent (51%) owned by a low or very low-income person, or a business concern that over 75 percent of the labor hours performed for the business over the prior three-month period are performed by Section 3 workers. Please check the applicable box concerning the ownership of your business:
 Section 3 Business concern  Non-Section 3 Business concern EXHIBIT PA-3
Item Number: 11.

83 The United States Department of Housing and Urban Development (HUD) is authorized to solicit the information requested in this form by virtue of Title 12, United States Code, Section 1701 et seq., and other regulations. It will not be disclosed or released outside of HUD without your consent, except as required or permitted by law.

Item Number: 11.

84 Project Name:

Amount of
Contract or
Subcontract
Contractor or
Subcontractor
Business
Racial /
Ethnic
(see below)
Type of
Business
1-9
Woman
Owned
Business
(Y or N)
Prime
Contractor
Identification
(ID) Number
Subcontractor
Identification
(ID) Number
Sec. 3
(Y or N) Contact Person Contractor / Subcontractor Name and Address Name Street City
State
HWS Use Only
Project Name: _____________
File #____________________
Note: The information requested is used to compile data required by HUD for Federally funded projects. The information is used by HUD to monitor and evaluate Minority Business Enterprise activities against the total program activity and the designated minority business enterprise (MBE) goals.

Privacy Act Notice = The United States Department of Housing and Urban Development, Federal Housing Administration, is authorized to solicit the information requested in this form by virtue of Title 12, United States Code, Section 1701 et seq., and regulation. It will not be disclosed or released outside the United States Department of Housing and Urban Development without your consent, except as required or permitted by law.

Racial / Ethnic Codes:
1 = White Americans
2 = Black Americans
3 = Native Americans
4 = Hispanic Americans
5 = Asian / Pacific Americans
6 = Hasidic Jews
Type of Business / Trade
Codes
1 = New Construction
2 = Substantial Rehab
3 = Repair
4 = Repair
5 = Project Management
6 = Professional
7 = Tenant Services
8 = Education Training
9 = Arch / Eng Appraisal
0 = Other
Section 3: Yes / No
A Section 3 Contractor or subcontractor is
a business concern that provides economic
opportunities to low and very low-income
residents of the metropolitan area (or nonmetropolitan county), including a business concern that is 51 percent or more owned
by low-income residents.

PRINT NAME: ___________________________________
SIGNATURE: ____________________________________
DATE: __________________________________________

DEPARTMENT OF HOUSING & WORKFORCE SOLUTIONS

CDBG / ESG / HOME PROGRAMS
Contractor / Sub-Contractor Questionnaire
EXHIBIT PA-3 (Cumulative)

Item Number: 11.
85 CERTIFICATION OF SUBCONTRACTOR

REGARDING NONSEGREGATED FACILITIES
Project Name: ____________________________________________ Name of Subcontractor: _____________________________________________ Name of General Contractor: ___________________________________________ The above-named Subcontractor hereby certifies that:

I do not maintain or provide for my employees any segregated facilities at any of my establishments, and that I do not permit my employees to perform their services at any location, under my control, where segregated facilities are maintained. As used in this certification, the term “segregated facilities” means any waiting rooms, work areas, rest rooms, wash rooms, restaurants, and other eating areas, time clocks, locker rooms or other dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, national origin, or because of habits, local customs, or otherwise.

EXHIBIT PA-4
Signature: _________________________________
Name (Print): ______________________________
Title: _____________________________________
Date: _____________________________________
Item Number: 11.

86 EXHIBIT PA-6

CDBG PROJECT LABOR CLASSIFICATION

AND WAGE RATE
PROJECT NAME: PROJECT NUMBER:

COMPANY NAME: WAGE DECISION NUMBER/MODIFICATION
NUMBER:

WORK CLASSIFICATION BASIC
HOURLY

RATE (BHR)
FRINGE

BENEFITS
TOTAL
HOURLY
RATE

LABORER
FRINGE BENEFITS: $
BRICKLAYER $ GROUP # BHR TOTAL
WAGE
CARPENTERS $ $
CEMENT MASONS $ $
DRYWALL HANGERS $ $
ELECTRICIANS $ $
IRONWORKERS $ $
PAINTERS $

OPERATORS
FRINGE BENEFITS: $

PLUMBERS
$ GROUP # BHR TOTAL
WAGE
ROOFERS $ $

SHEET METAL WORKERS
$ $
SOFT FLOOR LAYERS $ $
TILE LAYERS $ $

LANDSCAPE/ IRRIGATION
FITTERS $

TRUCK DRIVER
FRINGE BENEFITS $
OTHER CLASSIFICATIONS GROUP # BHR TOTAL
WAGE
$
$
$
ADDITIONAL CLASSIFICATIONS (HUD Form 4230-A) (Must be approved by HUD and DOL)

WORK CLASSIFICATION BASIC
HOURLY

RATE (BHR)
FRINGE

BENEFITS
TOTAL
HOURLY
RATE

DATE OF HUD

SUBMISSION TO
DOL

DATE OF DOL

APPROVAL
Item Number: 11.

Wardman Park Bleacher Shade Structures
City of Desert Hot Springs

SPECIAL PROVISIONS FOR CITY PROJECT NO. 4012
PART 1

GENERAL PROVISIONS
SECTION 1 - TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF

MEASURE, AND SYMBOLS
1-2 TERMS AND DEFINITIONS
Agency — Add the following to the definition in the Standard Specifications:

The Agency is the City of Desert Hot Springs.

Board — Delete Board and Replace with the following:

City Council — The City Council of the City of Desert Hot Springs.

Engineer — Replace the definition in the Standard Specifications with the following:

The Public Works Director of the City of Desert Hot Springs acting either directly or through authorized agents.

Add the following:

Bid Guaranty — The cash, certified check or Bidders surety bond accompanying the Bid as a guaranty that the Bidder will enter into a Contract with the Board for the performance of the Work.

Caltrans — The State of California Department of Transportation.

Claim — A separate demand by the Contractor for:
a) a time extension,
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 Agency.

County — The County of Riverside.

Department — The City of Desert Hot Springs Department of Public Works.

Field Acceptance — The determination by the Engineer that the Work has been Item Number: 11.

Wardman Park Bleacher Shade Structures
City of Desert Hot Springs

completed.

Project — See Work.

Quality Assurance — Those standards, systems, processes, procedures and activities exercised by the Agency and the Engineer to ensure that the Work is constructed by the Contractor in accordance with the Contract Documents.

Quality Control — Those standards, systems, processes, procedures and activities exercised by the Contractor to ensure that the Work is constructed in accordance with the Contract Documents.
1-3 ABBREVIATIONS
1-3.2 Common Usage. Add the following abbreviations:

Non-standard abbreviations are listed on Sheet C-2 of the Project Plans.

SECTION 2 - SCOPE AND CONTROL OF THE WORK
2-1 AWARD AND EXECUTION OF THE CONTRACT. Replace the entire subsection with the following.
2-1.1 General. Award and execution of the Contract shall be as specified in the Special Instructions to Bidders, Notice Inviting Sealed Bid Proposal, and Special Provisions. Upon determination of the lowest responsive and responsible Bidder, the Engineer will recommend to the City Council award of the Contract to that Bidder. Upon award of the Contract by the City Council, the Agency will issue a Notice of Award to the Contractor.

Various documents and instructions for their completion will be mailed to the Contractor prior to issuance of the Notice of Award. The Contractor shall submit the completed documents to the Agency within the time specified.

The Notice to Proceed will be issued per 6-1.2.
2-4 CONTRACT BONDS. Replace the second and third sentences of the first paragraph with the following:

Item Number: 11.

Wardman Park Bleacher Shade Structures
City of Desert Hot Springs

Bonds shall be duly executed by a solvent surety company; must be authorized to do business and have an agent for service of process in the State of California, be on the accredited list of the United States Department of the Treasury (Treasury Circular 570) (www.fms.treas.gov/c570/); and have an “A” policy holder’s rating and a financial rating of Class V, or better, in accordance with current Best’s Rating. 2-5 PLANS AND SPECIFICATIONS.
2-5.1 General. Add the following:

All work under this contract shall conform to the 2024 edition of the Standard Specifications for Public Works Construction, including all supplements, popularly known as the Green Book, and the Standard Plans for Public Works Construction are both written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of the Associated General Contractors of California. These publications are available for purchase at the following addresses of the publisher:

The Standard Specifications for Public Works Construction and the Standard Plans for Public Works Construction are both promulgated by Public Works Standards, Inc. These publications are available for purchase from BNI Building News, Inc.

Bookstore: Building News, Inc. (BNI)
1612 South Clementine Street
Anaheim, California 92802
Tel: (714) 517-0970
On-Line Order: Building News, Inc.: www.bnibooks.com
These publications are copyrighted and the Agency will not provide copies.

The Standard Plans of the Los Angeles County Department of Public Works are available for purchase in the Agency's Cashier's Office located at 900 South Fremont Avenue, Alhambra, California 91803-1331, (626) 458-6959, or for downloading on the internet, www.ladpw.org/des/DesignManuals/StandardPlan.pdf.

The Standard Specifications of State of California Department of Transportation (Caltrans Specifications) may be obtained from:

State of California
Department of Transportation
Publication Distribution Unit
1900 Royal Oaks Drive
Sacramento, CA 95815-3800
Item Number: 11.

Wardman Park Bleacher Shade Structures
City of Desert Hot Springs

Tel: (916) 263-0822
Publication Unit Web Site: http://caltrans-opac.ca.gov/publicat.htm Add the following subsections:
2-5.1.1 Plans. The area of work is shown on the attached plans titled “Wardman Shade Structure Improvements” City Project NO. 4012, and also Included as part of the Contract Documents are the following which show the location, character, dimensions or details of the Work:
1) Project Plans consist of XX sheets, including:
2) Standard Plans (included by reference only):
a. Standard Plans for Public Works Construction 2009 Edition, promulgated by Public Works Standards, Inc.:
224-2 (Included herein at the end of UI Section of the Special Provisions) b. Standard Plans of the City of Desert Hot Springs are to be used where applicable.
2-5.1.2 Specifications. The Work shall be constructed or done in accordance with these Special Provisions and the following:

The "Standard Specifications for Public Works Construction 2024 Edition," hereinafter referred to as the "Standard Specifications." Standard Specifications shall prevail in all cases except where a Contract Document of a higher order, as defined in the “Interpretation of Plans and Documents, Special Instruction to Bidders”, and Subsection 2-5.2 “Precedence of Contract Documents” provides a different requirement on a given topic or topic aspect. All language in the Standard Specifications that is not in conflict with the language in the prevailing Contract Documents on a given topic or topic aspect shall remain in full force and effect, unless the language in the prevailing Contract Document specifically cites the section number in the Standard Specification and says said provision is in lieu that Standard Specification section.
2-5.1.3 Manual.

Item Number: 11.

Wardman Park Bleacher Shade Structures
City of Desert Hot Springs

2-5.1.3.1 Electrical. Installation of Electrical Conduits; and other Utility Conduits shall be constructed or done in accordance with these specifications and the following:

The Southern California Edison (SCE) Transmission and Distribution Manual of "Underground Structures Standards (USG)” 2017 Second Quarter Issue, April 28, 2017.

Note: Refer to the on-line version of this manual at SCE’s Standards & Publications Web site to ensure information is current. Printed versions and downloaded versions are not updated, and may not contain the most current information and in-force guidance. This document is classified “public per EPPPC Policy 04. 001. 001.
2-5.1.3.2 Domestic and Irrigation Waterline; and Fire Sprinkler Waterline.

Installation of Water Lines shall be constructed or done in accordance with these specifications and the following:

The Mission Springs Water District (MSWD) “Developer / Contractor Handbook and Guidelines for Design and Construction of Water and Sewer Facilities”.

Note: Refer to the on-line version of this manual at MSWD Web site to ensure information is current. Printed versions and downloaded versions are not updated, and may not contain the most current information and in-force guidance. This document is classified “public per EPPPC Policy 04. 001. 001.
2-5.2 Precedence of Contract Documents. Replace the order of precedence under the first paragraph with the following:
1) Permits issued by jurisdictional regulatory agencies. 2) Change Orders and/or Supplemental Agreements; whichever occurs last. 3) Contract/Agreement.
4) Addenda.
5) Bid/Proposal.
6) Special Provisions.
7) Plans.

Item Number: 11.

Wardman Park Bleacher Shade Structures
City of Desert Hot Springs

8) Agency Standard Plans.
9) Other Standard Plans.
10) Notice Inviting Bids.
11) Special Instructions to Bidders.
12) Standard Specifications for Public Works Construction. 13) Reference Specifications.

Detail drawings shall take precedence over general drawings. 2-5.3 Submittals.
2-5.3.1 General. Replace the second paragraph with the following:

The Contractor shall allow a minimum of 10 working days for each review, unless otherwise approved by the Engineer. Review periods are not cumulative. The aforementioned time frames begin anew upon each submission of submittals whether it is the initial submission or a resubmission after review by the Agency. Each set of submittals shall be accompanied by a letter of transmittal describing exactly what is being transmitted.

Add the following:

Submittals shall be submitted to:

City Engineer
City of Desert Hot Springs Department of Public Works
11999 Palm Drive
Desert Hot Springs, CA 92240
Business hours: 7:00 a.m. - 5:45 p.m. Monday through Thursday Telephone No. (760) 329-6411 Ext. 220
Email: [email protected]
FAX: (760) 288-0639
All submittals shall be submitted prior to issuance of the NTP unless otherwise specified herein or approved by the Engineer.

No work shall begin on the respective items of work which require a submittal until the submittals for those items of work have been approved in writing by the City.

The City will receive, forward and coordinate the review of submittals with their consultants.
2-5.3.2 Working Drawings.

Item Number: 11.

Wardman Park Bleacher Shade Structures
City of Desert Hot Springs

Add the following to Table 2-5.3.2
Item Subsection
Number Title Subject
15 5-2 Protection Utility Supports
Working drawings listed as Items 4 in Table 2-5.3.2 shall be prepared on 2'x 3' sheets.

Replace the fourth paragraph with the following:

Working drawing listed as Items 4 and shall be prepared, wet stamped and signed by a Civil or Structural Engineer registered by the State of California. 2-5.3.3 Shop Drawings. Add the following to Table 2-5.3.3 Item Subsection
Number Title Subject
7 Section D, 306-16 Precast Reinforced
Concrete BOX (PRCB)
Catch Basins
2-5.3.4 Supporting Information. Add the following:
n) Detailed schedule for "IMPLEMENTATION OF BMPs" per 7-8.6.2 and 9-2. 2-6 WORK TO BE DONE. Add the following:

The estimated quantifies of work and materials to be performed, constructed or furnished by the Contractor under this Contract are as shown on the “Schedule of Prices (Bid Proposal Form)” in the “Bidder’s Proposal”. 2-8 RIGHT-OF-WAY. Delete the last sentence and add the following:

The Contractor shall conduct all of its activities and operations within the work area limits as shown on the drawings and provided by the Agency or within the confines of public thoroughfares. The Contractor shall not allow its employees to use private property for any reason or to use water or electricity from such property without Item Number: 11.

Wardman Park Bleacher Shade Structures
City of Desert Hot Springs

written permission from the owner.

If, for any reason, the Contractor elects to encroach upon other lands, it shall first obtain written permission from the owner and provide evidence of such permission in writing to the Engineer prior to entering upon such lands. In performing any work or doing any activity on lands outside of public rights of way, the Contractor shall comply with all applicable Federal, State and local laws, ordinances, and regulations. The Contractor shall indemnify and hold the Agency harmless from all claims or suits for damages occasioned by such work or activity, whether done in compliance with this Subsection and with permission from the owner or in violation of this Subsection without permission from the owner.
2-9 SURVEYING.
2-9.1 Permanent Survey Markers. Add the following after the first paragraph:

The Contractor will perpetuate existing survey monuments and will provide construction stakes in accordance with this subsection. 2-11 INSPECTION. Add the following:

As part of the administration of the Contract and the inspection process, the Agency will perform Quality Assurance compaction testing as required. For unclassified fill, structure backfill, roadway subgrade, base material, trench backfill, and other compacted fills of any nature, the first Quality Assurance compaction test will be performed at no cost to the Contractor. In the event that additional Quality Assurance compaction tests are required due to the failure of the Contractor to construct to the required density, the sum of $350 for each such additional test will be deducted from any monies due the Contractor.

The Contractor and the Engineer shall confer prior to the start of the Work and review the Contractor's schedule. The Engineer will designate those operations which will require continuous inspection by the Agency. Should the Contractor perform any operations requiring continuous inspection for more than eight hours on any working day, or perform any work on a day other than a working day per 6-7.2, the Agency will deduct from any monies due the Contractor the amount of $100 per hour for each hour or portion thereof that the Contractor performs such work. The Agency reserves the option to waive this stipulation if it is in its best interests.

Unless otherwise directed by the Engineer, the Agency will perform one Item Number: 11.

Wardman Park Bleacher Shade Structures
City of Desert Hot Springs

inspection and one re-inspection of underground conduit and appurtenant structures.

Should subsequent re-inspections be required due to the work not being in conformance with the Plans and Specifications, the Agency will deduct from any monies due the Contractor the amount of $300 per hour for each hour or portion thereof required for the time necessary to perform the second and subsequent reinspections.

SECTION 3 - CHANGES IN WORK
3-3 EXTRA WORK.
3-3.2 Payment.
3-3.2.2. Basis for Establishing Costs.
3-3.2.2.3 Tool and Equipment Rental. Replace the second paragraph with the following:

Regardless of ownership, the rates to be used in determining equipment rental costs shall not exceed those listed in the current edition of the "Labor Surcharge and Equipment Rental Rates" of the State of California Department of Transportation (Caltrans) (www.dot.ca.gov/hq/construc/equipmnt.html) at the time the work is performed. Standby rates shall be 50 percent of the hourly rate. Payment for standby shall not exceed 8 hours per day, 40 hours per week and 176 hours per month. If the equipment is not listed, the rate allowed shall be that calculated for a comparable item. 3-3.2.3 Markup.
3-3.2.3.1 Work by Contractor. Replace the entire paragraph with the following:

The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits on work performed by the Contractor:
1) Labor ................................................................................ 20% 2) Materials........................................................................... 15% 3) Equipment Rental ............................................................. 15% 4) Other Items and Expenditures .......................................... 15% To the sum of the costs and markups provided for in this subsection, 1 percent shall be added as compensation for bonding.

Item Number: 11.

Wardman Park Bleacher Shade Structures
City of Desert Hot Springs

The above markups shall be considered as including, but not be limited to, the Contractor's labor costs for personnel not working directly on the Extra Work, including the cost of any tools and equipment which they may use. Such costs shall not be reported as labor or equipment costs elsewhere except when they are actually used in the performance of the Extra Work. Labor costs shall in that case be reported for the labor classification corresponding to the type and nature of Extra Work performed. 3-3.2.3.2 Work by Subcontractor. Replace the entire paragraph with the following:

When all or any part of the Extra Work is performed by a Subcontractor, the markup established in 3-3.2.3.1 shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the Extra Work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the Extra Work may be added by the Contractor. These markups shall constitute the markup for all overhead and profit for the Contractor on work performed by the Subcontractor.

The above markups shall be considered as including, but not be limited to, the Contractor's labor costs for personnel not working directly on the Extra Work, including the cost of any tools and equipment which they may use. Such costs shall not be reported as labor or equipment costs elsewhere except when they are actually used in the performance of the Extra Work. Labor costs shall in that case be reported for the labor classification corresponding to the type and nature of Extra Work performed.

SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP.
4-1.2 Protection of Work and Materials. Add the following:

The Contractor shall assume all risks and expenses, including the costs of any interferences, delays to its operations and the protection from, or the repair of, damage to improvements being constructed under the Contract, as may be caused by water of whatever quantity from floods, storms, industrial waste, irrigation, underground or other sources. However, the Contractor shall be entitled to an extension of time per 6-6. The Contractor shall also assume full responsibility for, and the expense of, protecting or removing and returning to the site of the Work, all equipment or materials under its care endangered by any action of the elements.

The Contractor shall provide the Agency with emergency callback information for the Project. The callback information shall include current names, titles, and telephone/ mobile telephone numbers for both primary and secondary response personnel.

Item Number: 11.

Wardman Park Bleacher Shade Structures
City of Desert Hot Springs

When rain or severe weather is forecast the following procedures shall be implemented:
a) To ensure a timely and proper response, the Contractor shall designate primary and secondary response elements. Response elements shall be trained personnel such as field superintendents or foremen who are properly equipped with communication devices, tools, and equipment, and who have the authority and ability to make critical on-site decisions and commit the Contractor's resources.
b) Contractor response elements and the Engineer will patrol the Project and identify potential hazards or problems on the Project site. Should a potential hazard or problem be identified in the absence of a Contractor response element, the Engineer will notify the Contractor's listed emergency response element to report to the Project site immediately.
c) If notified, the Contractor's emergency response element shall respond immediately, irrespective of the day or time, to the Project site and take necessary corrective actions including emergency and/or temporary repairs. d) If the Contractor fails to respond, the Engineer will arrange for Agency forces to perform the necessary work. The cost to perform this work and related expenses will be deducted from any monies due the Contractor. 4-1.6 Trade Names or Equals. Replace the entire subsection with the following:
4-1.6 Trade Names or Equals; Material Substitutions.
4-1.6.1 General. Pursuant to the Public Contract Code, Section 3400, the Contractor may supply any of the products or materials specified or offer an equivalent.

Whenever a material, article or piece of equipment is identified on the drawings or specified by reference to brand name or catalog number, it shall be understood that this is referenced for the purpose of defining the performance or other salient requirements and that other products of equal capacities, quality and function shall be considered.

A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any material or product it considers to be an equivalent to that specified.

Item Number: 11.

Wardman Park Bleacher Shade Structures
City of Desert Hot Springs

4-1.6.2 Substitution. If the Contractor wishes to request consideration of an "or equal" product, material, article, or piece of equipment of equal substance and function for those referred to in the Contract Documents by reference to the brand name or catalog number, it shall submit such request in writing to the Agency within 2 working days after the date of the Bid opening. Requests received after that time period will not be considered.

The Contractor shall, at its expense, furnish information supporting the "or equal" product or material offered within 10 working days after the date of the Bid opening.

The Contractor shall have the material tested as required by the Engineer to determine if the quality, strength, physical, chemical, or other characteristics, including durability, finish, efficiency, dimensions, service, and suitability are such that the "or equal" will fulfill the intended function. Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results.

The Agency will review the supporting information within 5 working days from the date of submission. The findings of the Agency shall be final.

If the proposed "or equal" product or material is determined to not be equal to the specified product or material, the Contractor shall furnish and install the specified product or material.

If in the opinion of the Engineer, such material, article, or piece of equipment is of equal substance and function to that specified, the Engineer may approve its substitution and use by the Contractor. Any cost differential shall be deductible from the Contract Price and the Contract Documents shall be appropriately modified by Change Order. The Contractor warrants that if substitutes are approved, no major changes in the function or general design of the project will result. Incidental changes or extra component parts required to accommodate substitute will be made by the Contractor without a change in the Contract Price or Contract time.

Agency-approved "or equal' products or materials shall not be installed nor put into usage without the prior approval of the Engineer.

The Contract time of completion specified in 6-7 shall not be affected by any circumstance arising from the provisions of this subsection.

Item Number: 11.

Wardman Park Bleacher Shade Structures
City of Desert Hot Springs

SECTION 5 - UTILITIES
5-1 LOCATION.
5-1.1 General. Replace the first sentence of the second paragraph with the following:

Pursuant to Government Code Section 4216, et. seq. the Contractor shall notify the appropriate required notification center and obtain inquiry identification number. The notification center for Desert Hot Springs can be reached by contacting UNDERGROUND SERVICE ALERT (USA) at 1-800-422-4133. USA member utilities will provide the Contractor with the locations of their substructures in the construction area when the Contractor gives at least 48 hours’ notice. The above notice shall not be more than 14 Days prior to commencing any excavation required for the Work.

Add the following after the second paragraph:

At least two (2) working days before performing any excavation work, the Contractor shall request the utility owners to mark or otherwise indicate the location of their service. It shall be the Contractor's responsibility to determine the exact location and depth of all utilities, including service connections, which have been marked by the respective owners and which he believes may affect or be affected by his operations. 5-1.2 Payment. Replace the entire subsection with the following:
5-1.2 Utility Facilities.

The contractor shall notify the following agencies at least 48 hours in advance of excavation around any of their structures or utilities. The utilities which have facilities located within the limits of the Project are as follows and can be contacted via the USA telephone number or the number listed below:

Frontier (760) 864-1715
Southern California Edison (760) 202-4257
Spectrum Communications (760) 674-5433
The Gas Company (909) 335-7507
Mission Springs Water District (Sewer & Water) (760) 329-6448 Add the following subsections:

Item Number: 11.

Wardman Park Bleacher Shade Structures
City of Desert Hot Springs

5-1.3 Payment. Add the following after the first sentence of first paragraph:

If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work. 5-2 PROTECTION. Add the following before the first paragraph:

The Contractor is responsible for coordinating all project documentation, including but not necessarily limited to, the Contract Documents and existing record drawings for the determination of the location of all underground facilities.

The Contractor shall exercise care in all excavations to avoid damage to existing underground facilities. This shall include potholing or hand digging in those areas where underground facilities are known to exist until they have been sufficiently located to avoid damage to the facilities.

Prior to fabrication, the Contractor shall verify the location and elevations of existing underground facilities which the Contractor is connecting to.

No additional compensation shall be provided the Contractor for compliance with the provisions of this section or for the damage and repair of facilities due to the lack of such care.

Replace the first sentence of the fourth paragraph with following:

Damage or disturbed Utilities: The Contractor shall immediately notify the City Engineer and the utility owner if any utility is damaged or disturbed.

The California Public Utilities Commission mandates that, in the interest of public safety, main line gas valves be maintained in a manner to be readily accessible and in good operating condition. The Contractor shall notify The Gas Company's Headquarters Planning Office at least 2 working days prior to the start of construction. 5-4 RELOCATION. Add the following before the first paragraph:

The right is reserved to the City and the owners of utilities or their authorized agents to enter upon the Work area for the purpose of making such changes as are necessary for the rearrangement of their facilities or for making necessary connections Item Number: 11.

Wardman Park Bleacher Shade Structures
City of Desert Hot Springs

or repairs to their properties. The Contractor shall cooperate with forces engaged in such work and shall conduct his operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by such forces and shall allow the respective utilities time to relocate their facility.

The Contractor assumes responsibility for the removal, relocation, or protection of existing facilities wherein said facilities are identified by the Plans, field located by a utility company, or as provided for in the Work. The Contractor shall coordinate with the owner of utility facilities for the rearrangement of said facilities.

In the event that underground utilities are found that are not shown in the Contract Documents or are found to exist in a different location than shown in the Contract Documents, the Contractor shall: (1) notify the Engineer of the existence of said facilities immediately; and (2) take steps to ascertain the exact location of all underground facilities prior to doing work that may damage such facilities.

Where it is determined by the Engineer that the rearrangement of an underground main, the existence of which is not shown on the Plans, Specifications, or in the General Requirements, is essential in order to accommodate the contemplated improvement, the City Engineer will provide for the rearrangement of such facility by other forces or by the Contractor.

When the General Provisions, Special Provisions, Technical Specifications, or Plans indicate that a utility is to be relocated, altered or constructed by others, the City will conduct all negotiations with the utility company and the work will be done at no cost to the Contractor.

Temporary or permanent relocation or alteration of utilities desired by the Contractor for its own convenience shall be the Contractor's responsibility and it shall make arrangements and bear all costs.
5-5 DELAYS. Add the following to the end of the last paragraph:

Requests for extensions of time arising out of utility rearrangement delays shall be determined by the Engineer. In accordance with Government Code Section 4215 the Contractor shall not be assessed liquidated damages for delay in completion of the project, when such delay is caused by the failure of the City or utility company to provide for the removal or relocation of facilities for which they are the responsible party.

Item Number: 11.

Wardman Park Bleacher Shade Structures
City of Desert Hot Springs

Payment to the Contractor for actual loss due to a protracted utility delay shall be calculated based on wage increases, price increases of material and equipment, additional insurance costs and actual direct costs of maintaining the Project site incurred as a result of such utility delay.

SECTION 6 - PROSECUTION, PROGRESS AND

ACCEPTANCE OF THE WORK
6-1.1 Construction Schedule. Replace the entire paragraph with the following:
6-1.1.1 General. The Contractor shall prepare and submit a baseline schedule prior to commencing work, and within five (5) working days of Notice of to Proceed and accepted by the Engineer before the first partial payment can be made. The Construction Schedule shall show all major items of work complete with start dates, durations, end dates, and relationships between tasks. In addition, during the course of construction, the contractor shall provide City staff weekly and monthly progress schedule updates throughout the duration of the Contract, and an "as-built" schedule upon acceptance of the Work by the Engineer. The term "construction schedule" shall refer to the baseline schedule; weekly and monthly updates; and the "as-built" schedule.
6-1.1.2 Requirements. Construction schedules shall conform to the following requirements:
a) The construction schedule shall be computer-prepared using the latest version of Primavera "Suretrak", Microsoft "Project 2007 Professional", Primavera "Project Planner (P6)", or Agency-approved equal. b) The schedule shall be prepared using the Critical Path Method (CPM), illustrating the chronological relationship and sequence of work activities.

Activities on the critical path shall be clearly delineated. c) The schedule shall indicate preceding activity relationships and/or restraints where applicable and a controlling path shall be indicated d) The schedule shall be time scaled and shall be drafted to show a continuous flow from left to right. The construction schedule shall clearly show the sequence of construction operations and specifically list:

Item Number: 11.

Wardman Park Bleacher Shade Structures
City of Desert Hot Springs

i) The start and completion dates of all each work activity shall be illustrated.
ii) The dates of submittals, procurement, delivery, installation and completion of each major equipment and material requirement. iii) Progress milestone events or other significant stages of completion. iv) The lead time required for testing, inspection and other procedures required prior to acceptance of the work.
v) All activities, other than procurement activities, shall be cost-loaded. e) Activities shall be no longer than 10 workdays, except for submittals and delivery items. If an activity takes longer, it shall be broken into appropriate segments of work for measurement of progress. This limitation may be waived, upon approval of the City Engineer, for repetitious activities of longer durations for which progress can be easily monitored.
f) Work activities shall be based on the Bid items listed in the Schedule of Prices and the following:
i) Contract Unit Price items shall be subdivided into those portions to be constructed during each stage or phase of construction, or portions which do not exceed 30 calendar days, whichever is less. ii) Lump sum items shall be subdivided into those portions to be constructed during each stage or phase of construction, or portions which do not exceed 30 calendar days, whichever is less. iii) Utility relocations in coordination with the Contractor per 5-4 shall be considered as individual activities.
iv) The procurement of construction materials and equipment shall be included as activities.
v) Work to be performed by subcontractors shall be identified and shown as work activities.
vi) Each submittal, and the corresponding Agency review period, shall be shown as an individual activity.
vii) NTP requirements shall be shown as individual activities. g) The schedule shall commence on the date of issuance of the NTP. h) Any activity that cannot be completed by its original completion date shall be considered to be "behind schedule."
i) At not less than monthly intervals and when requested by the Engineer, the Contractor shall submit a revised schedule for all work remaining. If, at any time, the Engineer considers the project completion date to be in jeopardy because of activities "behind schedule, "the Contractor shall submit additional schedules and diagrams indicating how the Contractor intends to accomplish the remaining work to meet the Contract completion date.

Item Number: 11.

Wardman Park Bleacher Shade Structures
City of Desert Hot Springs

J) All change orders, regardless of origin, shall be reflected in the schedule. 6-1.1.3 Constraints. Construction schedules shall reflect the following:
a) Utility relocations in coordination with the Contractor per 5-4. b) The impact on the schedule of the protection, removal, or relocation of utilities per 5-5.
c) All Construction operations and maintenance of equipment within one half mile of human occupancy shall only be performed only during the time periods as follows unless otherwise approved by the Engineer:

October 1 to April 30: Monday - Friday 7: 00 AM to 5: 30 PM May 1 to September 30: Monday – Friday 6:00 AM to 6:00 PM The foregoing time frames are the typical working hours allowed by the City, but other restrictions may apply for certain operations as specified elsewhere in these specifications.
d) The Time of Completion per 6-7. A schedule submitted showing completion earlier or later than the time of completion specified will be rejected. e) Completion of the Work in accordance with the Plans and Specifications. 6-1.1.4 Time Impact Analysis. When change orders are initiated, delays are experienced, or the Contractor desires to revise the schedule logic, the Contractor shall submit to the Engineer a written Time Impact Analysis illustrating the influence of each change, delay, or Contractor request on the current contract schedule completion date. 6-1.1.5 Cash Flow Projection. A cash flow projection shall be submitted with the Construction Schedule. This cash flow projection shall be revised and resubmitted when revisions of the Construction Schedule will result in changes to the projected cash flow.
6-1.1.6 Baseline Schedule. The Contractor shall submit a baseline schedule in accordance with 2-5.3 and 6-1.1. The baseline schedule submittal shall include an executable digital format, accessible using the latest version of Primavera "Suretrak", Microsoft "Project 2007 Professional," Primavera "Project Planner (P6)," or Agencyapproved equal, and three (3) printed hard copies.

Item Number: 11.

Wardman Park Bleacher Shade Structures
City of Desert Hot Springs

6-1.1.7 Weekly Detailed Schedules ("Look-Aheads"). Weekly detailed schedules shall be prepared and submitted on the last working of every week. These detailed schedules shall reflect the logic and sequence of the Construction Schedule, may be in bar chart format, and shall include the following:
a) Status of the construction activities of the past week, scheduled vs. actual, including an outline narrative of the progress and an explanation for deviations from planned/scheduled activities, together with actions taken or planned to adjust the schedule and/or recover lost time, if applicable. b) Detailed two-week "look-ahead" schedule, detailing all work activities scheduled during the next two weeks, including all work to be performed by others. The "look-ahead" schedule will be used during the Project weekly on-site management meetings to manage, coordinate and schedule all upcoming project activities. Activities included in the Construction Schedule per 6-1.1(a) shall be further broken down into detailed activities, by specific task, by specific area, at the crew level or lower. The "look-ahead" schedule shall also reflect key milestones and interfaces/coordination with local community activities, e. g. schools, businesses, etc.
6-1.1.8 Monthly Updates. The Contractor shall submit 2 paper copies and an executable digital file of the updated construction schedule (using the software approved for use as the baseline schedule) to the Engineer 5 working days prior to the date the Engineer files the monthly progress estimate specified in 9-3.2. The updates shall be accompanied by a request for the Engineer to process the monthly progress estimate and a brief written description of the changes since the last update was submitted. The Engineer will compare the schedule update to the monthly progress estimate. Should the update not reflect the monthly progress estimate, the update will be returned to the Contractor for revision and re-submittal. The Engineer will not submit the monthly progress estimate for processing until the update has been accepted.

Updates shall conform to 6-1.1.2 and the following:
a) Actual progress versus the original approved schedule shall be illustrated. b) Actual start and completion dates versus the original approved schedule shall be illustrated.
c) Deviations in the progress and sequence of the Work shall be identified and supported by a detailed narrative justification. Schedule updates shall include revisions to those activities and sequences of the Work, with Item Number: 11.

Wardman Park Bleacher Shade Structures
City of Desert Hot Springs

narrative justifications, necessary to recover delays to the schedule to meet the Contract milestones.
6-1.1.9 "As-Built" Schedule. Upon completion and acceptance of the Work by the Agency, the Contractor shall prepare an "as-built" schedule. The Contractor shall submit 2 paper copies and an executable file on a compact disc (CD), of the "as-built" construction schedule (using the software approved for use as the baseline schedule) to the Engineer within 10 working days after acceptance of the Work by the Engineer.

The "as-built" schedule shall reflect the actual progress of the work from the date of acceptance of the baseline schedule through acceptance of the Work by the Engineer.

The Engineer will compare the "as-built" schedule with the previously accepted monthly updates and the final progress estimate. Should the "as-built" schedule not reflect the latter, the "as-built" schedule will be returned to the Contractor for revision and resubmittal. The Engineer will not submit the final estimate for final payment as specified in 9-3.2 until the "as-built" schedule has been accepted. 6-1.1.10 Payment. Full compensation for preparation of Construction schedules shall be considered as included in the Contract Unit Price for each item in the Bid. No additional compensation will be made for the preparation of the construction schedule.
6-1.2 Commencement of the Work. The Notice to Proceed (NTP) for this Contract will be issued after the Contractor satisfactorily submits all of the documentation required in the Instructions to Bidders, the Agency has executed the Contract, and the contractor has performed the following:
a) Submit all required Submittals per 2-5.3 and receive Agency approval for such submittals unless otherwise specified.
b) Ensure that all labor, equipment, and materials required for the Contract will be available when required by the Construction Schedule per 6-1.1. c) Attend Preconstruction meetings with the Agency.
d) Apply and secure for an Encroachment “No Fee” permit from the Engineering Department of the City of Desert Hot Springs.

The Contractor shall complete all of the above-stated activities within 14 working days after award of contract. Each additional working day in which the Contractor is not in compliance with this requirement will be subtracted from the number of working days allowed for the Time of Completion per 6-7. When the working days specified in 6-7.1 are exhausted, the Contractor will be subject to liquidated damages.

Item Number: 11.

Wardman Park Bleacher Shade Structures
City of Desert Hot Springs

All costs related to the requirements of the NTP except for the Items as indicated in subsection 7-8.6.5 shall be considered as included in the lump sum Bid price for "MOBILIZATION".
6-2 PROSECUTION OF THE WORK. Add the following before the first paragraph:
6-2.1 General.

Add the following subsections after the last paragraph:
6-2.2 Work by Others Due to Unsatisfactory Work Prosecution. If, as determined by the Engineer, the Contractor is not prosecuting the Work in a satisfactory manner or is not providing for public safety, traffic and protection of the Work, the Engineer will notify the Contractor of such unsatisfactory conditions and will indicate the date and time when corrective work must be completed. If the Contractor fails to comply, the Agency may elect to do the Work or have the Work performed by others and deduct the cost thereof from any monies due the Contractor. Such action shall not relieve the Contractor from liability.
6-2.3 Saturday, Sunday, Holiday and Overtime Work. No work shall be done on Saturdays, Sundays or holidays recognized by the City and no work shall be performed outside of normal working hours without the prior approval of the Engineer, unless otherwise specified. In any event, all such work shall be subject to the prior approval of the Engineer. Prior to the start of such work, the Contractor shall arrange with the Engineer for the continuous or periodic inspection of the Work and tests of materials, when necessary. If such a request is made by the Contractor to work overtime, nights, Saturdays, Sundays or holidays, and such a request is granted, the Contractor shall bear all of the extra expense to the Agency for inspection, material testing, and other incidental expenses incurred by such overtime work. If the Contractor is requested, in the interests of the Agency, to work overtime by the Agency, or if overtime work is specifically required by the Specifications, all of the extra expense of inspection, material testing, and other incidental expenses will be paid by the Agency.

Should the Contractor find it necessary in order to complete the Work according to its schedule to perform certain operations on Saturdays, Sundays, holidays or overtime, the costs of these operations shall be considered as being included in the Contract Price and shall not constitute a basis for additional payment.

The Agency reserves the right to direct the Contractor to perform work outside of normal working hours in order to avoid inconvenience to the public or to perform special operations that, in the judgment of the Agency, best serve the intent of the Contract Documents and the orderly prosecution of the Work. If the Agency elects to request Item Number: 11.

Wardman Park Bleacher Shade Structures
City of Desert Hot Springs

work outside of normal working hours, the Contractor shall make all arrangements to supply an adequate work force for the task to be accomplished. The Agency will compensate the Contractor for the premium portion of the wages paid, plus labor burdens applicable to the premium portion only of the wages paid, in accordance with 3-

3.2. The Contractor shall submit copies of its payrolls to the Engineer indicating the premium portion of wages actually paid. The Agency will issue a Change Order to reimburse the Contractor for the Contractor's actual costs for the premium portion of the wages only.
6-6 DELAYS AND EXTENSIONS OF TIME.
6-6.1 General. Replace the second paragraph with the following:

No extension of time will be granted for a delay caused by the inability to obtain materials unless the Contractor obtains from the supplier and furnishes to the Engineer documentary proof that such materials could not be obtained due to war, government regulations, labor disputes, strikes, fires, floods, adverse weather necessitating the cessation of work, or other similar action of the elements. 6-6.2 Extensions of Time. Add the following:

Extensions of time will be reflected as non-working days on the Statement of Working Days except when such extensions are a result of Extra Work. 6-7 TIME OF COMPLETION.
6-7.1 General. Replace the first sentence with the following:

The Contractor shall complete the Work within 30 working days. 6-7.2 Not Used Replace the entire subsection with the following:
6-7.2 Working Day. A working day is any day within the period between the date of the start of the contract time as specified in 6-1 and the date of field acceptance of the Work by the Engineer, other than:

1. Saturday,
Item Number: 11.

Wardman Park Bleacher Shade Structures
City of Desert Hot Springs

2. Sunday,

3. Any day designated as a holiday by the Agency,

4. Any day the Contractor is prevented from working at the beginning of the workday for cause as specified in 6-6.1 and the following:
a) Inclement weather or conditions resulting immediately therefrom. b) Installation, relocation and/or alteration of public and/or private utilities by others.
or,

5. 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 6-

6.1 and the following:
a) Inclement weather or conditions resulting immediately therefrom. b) Installation, relocation and/or alteration of public and/or private utilities by others.
c) 6-9 LIQUIDATED DAMAGES. Replace the third sentence of the first paragraph with the following:

Item Number: 11.

Wardman Park Bleacher Shade Structures
City of Desert Hot Springs

For each consecutive calendar day in excess of the time specified for the completion of Work in 6-7.1, as adjusted in accordance with 6-6, the Contractor shall pay to the Agency, or have withheld from monies due it, the sum of $1,000.

Replace the first sentence of the second paragraph with the following:

Execution of the Contract shall constitute agreement by the Agency and the Contractor that $1,0000 per day 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.

Add the following as the last paragraph:

It is further agreed that in case the Work is not finished and completed in all parts and requirements within the specified number of working days, the Agency shall have the right to increase the number of working days if it deems best to serve the interest of the Agency. If the Agency decides to increase the said number of working days in lieu of charging liquidated damages, it shall further have the right to charge to the Contractor, its heirs, assignees or sureties and to deduct from the final payment for the Work all or any part, as the Agency may deem proper, the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the Contract, and which accrue during the period of such extension, except that the costs of final surveys and preparation of the final estimate will not be included in such charges.
6-10 USE OF IMPROVEMENT DURING CONSTRUCTION. Add the following after the first paragraph:

Action by the Agency to take over and utilize any part of the Project shall become effective only upon issuance of a written notice, signed by the Engineer, setting forth a description of the completed improvements to be taken over, the effective date, location and limits thereof.

Add the following subsection:
6-11 NONCOMPLIANCE WITH THE PLANS AND SPECIFICATIONS. Failure of the Contractor to comply with any requirement of the Plans and Specifications, and to immediately remedy any such noncompliance upon notice from the Engineer, may result in suspension of contract progress payments on all items of work. Any progress Item Number: 11.

Wardman Park Bleacher Shade Structures
City of Desert Hot Springs

payments so suspended shall remain in suspension until the Contractor's operations are brought into compliance to the satisfaction of the Engineer. Upon determination by the Engineer that the Contractor is no longer in noncompliance, progress payments will resume for those items of work which have been constructed in conformance with the Plans and the Specifications. No additional compensation shall be due the Contractor as a result of the suspension of progress payments due to noncompliance with the Plans and Specifications.

SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR
7-2 LABOR.
7-2.2 Prevailing Wages. Replace the entire subsection with following:
7-2.2.1 General
Pursuant to section 1773.2 of the California Labor Code, the Director of the Department of Industrial Relations (DIR) has established the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute contracts for public works and improvements. The General Prevailing Wage Rate Determinations are available at www.dirca.qov/DLSR/PWD/index.htm. Copies of the General Prevailing Wage Determinations are on file at the office of the Engineer. Copies will be made available to any interested party upon request. Future effective wage rates will be on file with the Department of Industrial Relations, and are referenced but not printed in said publication. The new wage rates shall become effective on the day following the expiration date of the current determinations and apply to the Contract in the same manner as if they had been included or referenced in the Contract.

Pursuant to Section 1774 of the Labor Code, the Contractor and any Subcontractors shall pay not less than the specified prevailing rates of wages to workers employed on the Contract.

Pursuant to Section 1775 of the Labor Code, the Contractor and any Subcontractors, shall, as a penalty to the Agency, forfeit the prescribed amounts per calendar day, or portion thereof, for each worker paid less than the prevailing wage rates.
7-2.2.2 Posting of Prevailing Wage Rates. Pursuant to Section 1773.2 of the California Labor Code, the Contractor shall post a copy of the prevailing wage rates at Item Number: 11.

Wardman Park Bleacher Shade Structures
City of Desert Hot Springs

the Project site. The Agency will furnish copies of said wage rates for the Contractor's use.
7-2.2.3 Work Records. Pursuant to Section 1812 of the California Labor Code, the Contractor shall maintain an accurate written record of all employees working on the Project each calendar day. The record shall include each employee's name, Social Security number, job classification and the actual number of hours worked. The Contractor shall submit a signed copy of this record to the Engineer at the end of each week.
7-2.3 Payroll Records. Replace the entire subsection with the following:

Pursuant to Section 1776 of the California Labor Code, the Contractor shall keep accurate payroll records showing the name, address, social security number, work classification, straight time, and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee the Contractor employs in connection with the Work.

Whenever so requested by the Engineer, the Contractor shall submit to the Engineer a certified copy of each such employee's payroll record ("certified payrolls") at the end of each week for the period ending the previous week. Failure to submit such payroll records will result in the Agency withholding from any monies due the Contractor the amount of $500 for each week in which certified payrolls have not been submitted. 7-3.2 General Liability Insurance. Replace the first paragraph with the following:

Notwithstanding any inconsistent statement in the policy or any subsequent endorsement, the Agency, its officers, employees, and agents while acting within the scope of their duties on the Work, shall be the insured or named as an additional insured with respect to liability and all claims arising out or in connection with of the Contractor's ongoing and completed operations. The certificate of insurance submitted to the Agency shall state the Contractor’s insurance is primary to and not contributing with any other insurance or self-insurance programs maintained by the Agency.

Add the following to the end of the first paragraph:

The City of Desert Hot Springs, Hill International, and Pak-Sha, Inc. along with their officers, employees and agents shall be named under the policy as an insured or additional insured covering the Work.

Item Number: 11.

Wardman Park Bleacher Shade Structures
City of Desert Hot Springs

The endorsement shall contain the language provided in the sample included at the end of this Section G.

Replace the second and third paragraphs with the following paragraphs:

The Contractor may file general liability insurance acceptable to the Agency covering more than one Contract. General liability insurance shall be written on ISO policy form CG 00 01 or its equivalent with limits of not less than the following:

Personal and Advertising Injury: $1,000,000
Combined single limit for Each Occurrence: $1,000,000
Products/Completed Operations Aggregate: $1,000,000
General Aggregate: $2,000,000
Confirm deductible or self-insured retentions shall not exceed $25,000. The Agency retains the right to require such retained losses and costs attributable to the Contractor's retention, or, withhold payment to the Contractor in the amount of all or any deductibles/retentions as the Agency deems appropriate. The Contractor's policies shall not obligate the Agency to pay any portion of the Contractor's deductible or self-insured retention.

To the fullest extent permitted by law, the Contractor waives its and its insurer(s) rights of recovery against the Agency under all required insurance policies for any loss arising from or related to the Contract. The Contractor shall require its insurers to execute any waiver of subrogation endorsements which may be necessary to affect such waiver.

The notification shall be sent to the Community Development Director, City of Desert Hot Springs, 65-950 Pierson Blvd., Desert Hot Springs, CA 92240.

The Contractor shall include all parties, including but not limited to subcontractors, architects, engineers or others with whom Contractor enters into contracts or whom Contractor hires or retains pursuant to or in any way related to the performance of this Agreement as insured under the Contractor’s own policies, or provide the Agency with each party’s separate evidence of insurance coverage required herein, at minimum, and name as additional insureds the parties to this Agreement. The Contractor shall be responsible for verifying each of the parties as described above complies with the insurance requirements in the Specifications and shall require that each subcontractor name the Agency and each additional insured, and the Contractor as additional insured on the Subcontractors general liability policy. The Contractor shall obtain the Agency's prior review and approval of any Subcontractor request for Item Number: 11.

Wardman Park Bleacher Shade Structures
City of Desert Hot Springs

modification of the insurance requirements in the Specifications. 7-3.3 Worker’s Compensation Insurance. Add the following after the last Paragraph:

Should evidence of the renewal or replacement of the policy not be filed with the Agency prior to the expiration or cancellation date, the Agency will stop all work on the Project and no further work shall be performed until new insurance coverage has been obtained by the Contractor. Such stop order shall not be a cause for a time extension to the Contract duration.

Such policy shall be endorsed to waive subrogation against the Agency for injury to the Contractor's employees. If the Contractor will provide leased employees, coverage shall also include an Alternate Employer Endorsement (providing scope of coverage equivalent to ISO policy form WC 00 03 01 A) naming the Agency as the Alternate Employer and the endorsement form shall be modified to provide that the Agency will receive not less than 30 days advance written notice of cancellation of this coverage provision.

In all cases, the above insurance shall include employer's liability coverage with limits not less than:

Each Accident: $1,000,000
7-3.4 Automobile Liability Insurance. Replace the entire subsection with the following: The Contractor shall further procure, provide and maintain at its own expense, until completion of performance and acceptance by the City, commercial vehicle liability insurance covering personal injury and property damage, of not less than Two Million Dollars ($2,000,000) combined single limit per occurrence, and Two Million Dollars in the aggregate ($2,000,000), covering any vehicle utilized by Contractor or its officers, employees, servants, volunteers and agents and independent contractors in performing the services required by this Agreement. Such insurance shall be written on ISO policy form CA 00 01 or its equivalent. The insurance shall include coverage for all "owned", "hired", and "non-owned" vehicles, or coverage for "any auto." 7-4 Not Used. Replace the entire subsection with the following:
7-4 AUDITS AND RECORDS The Contractor shall maintain all data and records pertinent to the Work performed under the Contract, in accordance with generally accepted accounting principles, and shall preserve and make available all data and records until the expiration of four (4) years from the date of final payment under the Item Number: 11.

Wardman Park Bleacher Shade Structures
City of Desert Hot Springs

Contract, or for such longer period, if any, as is required by applicable statute or by other provisions of the Contract. The authorized representatives of the Agency shall have access to all such data and records for such time period to inspect, audit and make copies thereof during normal business hours. The Contractor shall covenant and agree that it shall require any subcontractor utilized in the performance of the Contract to permit the authorized representatives of the Agency, to similarly inspect and audit all data and records of said subcontractors relating to the performance of said subcontractors under the Contract for the same time period. 7-5 Permits. Replace the first sentence of the first paragraph with the following:

The Contractor must apply and secure a “No Fee” permit from the Engineering Department of the City of Desert Hot Springs.

Replace the second paragraph with the following:

The Contractor and all subcontractors shall possess valid business licenses for the City of Desert Hot Springs prior to commencement of their work and prior to the issuance of the first payment made under this contract. 7-6 THE CONTRACTOR'S REPRESENTATIVE. Add the following as the last paragraph:

The failure of the designated representative(s) to faithfully prosecute the Work, including, but not limited to, failure to adhere to the Contractor's construction schedule shall be deemed grounds for removal from the Work per 7-2.1. 7-8 WORK SITE MAINTENANCE.
7-8.1 General. Replace the first paragraph with the following:

Throughout all phases of construction, including suspension of the Work, and until acceptance per 6-8, the Contractor shall take all reasonable means to minimize inconvenience and injury to the public by dust, noise, diversion of storm water, or other operations under its control. The contractor shall, at all times keep the Work site on which work is in progress and the adjacent properties clean and free clear from accumulations of waste material, rubbish and debris caused by employees or by the Work. Rubbish and debris collected on the Work site shall only be stored in roll-off, enclosed containers prior to disposal. Stockpiles of such will not be allowed. All surplus material shall be removed from the site immediately after completion of the work causing the surplus materials. Upon completion of the construction, the Contractor shall Item Number: 11.

Wardman Park Bleacher Shade Structures
City of Desert Hot Springs

remove all temporary structures, rubbish, and waste materials resulting from his operations, or as directed and to the satisfaction of the appropriate City representative.

Replace the second paragraph with the following paragraphs:

Unless the construction dictates otherwise, and unless otherwise approved by the Engineer, during all phases of trenching operations and whenever dirt or base material is stored on paved roadways, the Contractor shall furnish and operate a selfloading motorized street sweeper with spray nozzles at least once a day within the areas of its operations and, as determined by the Engineer, along haul routes to keep paved areas acceptably clean whenever construction, including restoration, is incomplete. Dust control measures and cleaning shall be to the satisfaction of the appropriate City representative. The sweeping shall be near or after the end of construction operations for the day. At the same time, the Contractor shall also sweep the sidewalks either manually or with a motorized street sweeper in the vicinity of the construction operations. The sweeping operations shall produce a clean surface throughout the Project area.

If, in the opinion of the Engineer, this effort does not result in satisfactorily clean streets and sidewalks, then the Contractor shall take whatever other measures are necessary to keep the streets and sidewalks clean. Such measures may include, but not be necessarily limited to, more frequent use of a motorized street sweeper as noted above, the use of a self-loading vacuum sweeper and/or sufficient hand labor to satisfactorily comply with this specification.
7-8.2 Air Pollution Control. Add the following before the first paragraph:
7-8.2.1 General.

Add the following subsections:
7-8.2.2 Control of Fugitive Dust. The Contractor shall comply with Amended Rule 403 and Rule 1186 of the South Coast Air Quality Management District. Copies of these rules and further information may be obtained from the following:

South Coast Air Quality Management District
21865 Copley Drive Diamond Bar, CA 91765
Telephone: (909) 396-3600
Dust generated by traffic, Contractor’s operations, or wind are all included in the definition of dust. The Contractor will be responsible for watering the work area where dust is generated from traffic, Contractor’s operations and wind. Contractor’s area of operations includes areas outside of roadbed or trench limits where excavation, fill, or stockpiling of dirt or debris has taken place. The Contractor is responsible for monitoring all of the above-described areas in the project area during the life of the project, including holidays and weekends. Dust control measures shall be to the satisfaction of the Item Number: 11.

Wardman Park Bleacher Shade Structures
City of Desert Hot Springs

Engineer.

The Contractor at its expense shall take whatever steps, procedures, or means as are required to prevent abnormal dust conditions being caused by its operations in connection with the execution of the Work; and on any unpaved road which the Contractor or any of its subcontractors are using, excavation or fill areas, demolition operations, or other activities. Control shall be by sprinkling, use of dust palliative, modification of operations, or any other means acceptable to agencies having jurisdiction. Haul routes shall be kept visibly wet and clean during excavation and hauling operations.

Prior to occupation of the project site, the contractor shall submit and receive approval of a fugitive dust control plan prepared in accordance with PM-10 Rule 403.1.

A copy of the ordinance is available for review at the City.

Upon completion of the project, the contractor shall apply a polymer based soil stabilizer to all areas disturbed by the construction operation. The contractor shall submit soil stabilizer details and manufacturer recommendations to the City for acceptance prior to application. Application shall be warranted for a minimum of one (1) year from date of application.
7-8.2.3 Local Air Quality Management Plan (LAQMP). Dust Control shall be in accordance with the approved Local Air Quality Management Plan (LAQMP) for this project. The Contractor shall prepare for review and approval by the Agency, the required PM-10 plan. The plan shall be prepared in accordance with South Coast Air Quality Management District guidelines. The Contractor shall have a designated person Certified by the SCAQMD to prepare and the PM-10 plan and oversee the approved dust control measures. Dust control shall include, but is not limited to the following:
1) Maintain dust control at all times by watering, including developing a water supply, and furnishing and placing all water required for work done in the contract.
2) Provide means to prevent track out onto public streets. 3) Provide street sweeping of material tracked onto public streets. 4) The Contractor shall be responsible for the procurement and application of an AGENCY approved soil stabilizer, at an AGENCY approved rate of application, which complies with the AGENCY's PM-10 ordinance and the Local Water Quality Control Board. The Contractor shall place this approved dust palliative on all unimproved areas which have been disturbed by their Item Number: 11.

Wardman Park Bleacher Shade Structures
City of Desert Hot Springs

operations. Unimproved areas shall include as a minimum the disturbed areas behind the curb and gutter. Measurement and payment for the soil stabilizer for the supply and application of the AGENCY approved material shall be included in the contractors bid item for Dust Control and no additional compensation shall be allowed. The soil stabilization shall conform to the following:
a. All surface areas of the earth in the project area and associated with the project work disturbed by the Contractor’s operations must be stabilized by an approved Contractor using an approved soil stabilization material. b. “Disturbed surface area” is described as that portion of the earth’s surface which, through the activities of the Contractor, has been physically moved, uncovered, destabilized, or otherwise modified form its undisturbed natural soil condition.
c. Contractor’s activities are described as any activity by Contractor’s work force, equipment, vehicles, suppliers, vendors, etc. in the construction of this project. The project area and Contractor’s area of operations includes areas outside of the project area used for excavation, fill, or stockpiling of soils, material, and debris.
d. The soil stabilization material to be used must be a material that is not prohibited for use by the California Regional Water Quality Control Board, the Environmental Protection Agency, or any other law, rule, or regulation. e. The soil stabilization material shall provide a method of dust control to mitigate fugitive dust and PM-10 emissions. The application rates shall be per manufacturer’s requirements and additionally shall be applied in sufficient quantities to eliminate wind erosion from disturbed surface areas for a one-year duration measured from the time of application. 7-8.3 Noise Control. Replace the entire subsection with the following:

Operations shall be performed so as to minimize unnecessary noise. Special measures shall be taken to suppress noise during night hours. Noise levels due to construction activity shall not exceed the levels specified by local ordinance.

Internal combustion engines used on the Work shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated without said muffler.

Item Number: 11.

Wardman Park Bleacher Shade Structures
City of Desert Hot Springs

Construction operations and maintenance of equipment within one half mile of human occupancy shall be performed only during the time periods as follows:

October 1 to April 30: Monday - Friday 7: 00 AM to 5:30 PM May 1 to September 30: Monday – Friday 6:00 AM to 6:00 PM The foregoing time frames are the typical working hours allowed by the City, but other restrictions may apply for certain operations as specified elsewhere in these specifications. The Contractor shall be responsible for any inspection and additional administration costs incurred by the City for work by the Contractor after the hours defined above on weekdays, or any work on weekends or holidays recognized by the City. Such costs shall be withheld from the succeeding monthly progress payment. Any work described in the Special Provisions specifically required to be performed outside the normal working hours are excluded from the provisions of this paragraph.

The Contractor shall notify the City Engineer at least 72 hours prior to any work outside the normal working hours defined above, on weekends or holidays. 7-8.4 Storage of Equipment and Materials. Add the following subsections:
7-8.4.3. Parking and Storage Areas. All stockpiled materials and parked equipment at the job site shall be located to avoid interference with private property and to prevent hazards to the public. Locations of stockpiles, parking areas, and equipment storage must be approved by the Engineer.
7-8.4.4. Disposal of Material. The Contractor shall make arrangements for disposing of materials outside the right-of-way and the Contractor shall pay all costs involved. The Contractor shall first obtain permission from the property owner on whose property the disposal is to be made and absolve the City from any and all responsibility in connection with the disposal of material on said property. When material is disposed of as above provided, the Contractor shall conform to all required codes pertaining to grading, hauling, and filling of earth.
7-8.6 Water Pollution Control.
7-8.6.2 Best Management Practices (BMPs). Replace the entire subsection with the following:
7-8.6.2.1 General.

This Project lies within the boundaries of the County of Riverside and shall conform to the following requirements:

Item Number: 11.

Wardman Park Bleacher Shade Structures
City of Desert Hot Springs

a) Waste Discharge Requirements for Municipal Storm Water and Urban Runoff Discharges within the County of Riverside, and the Incorporated Cities Therein.
b) Other applicable Federal, State and local requirements.

The Contractor shall be responsible throughout the duration of the Contract for installing, constructing, inspecting, maintaining, removing and disposing of BMPs for wind erosion control, tracking control, erosion and sediment control, non-storm water control, and waste management and material pollution control. Unless otherwise directed by the Engineer, the Contractor shall be responsible for BMP implementation and maintenance throughout any temporary suspension of work.

In order to ensure a minimum level of water quality control, the Contractor shall effectively implement and maintain appropriate Construction Site BMPs, as shown in Table 7-8.6.2.1 (A).

Item Number: 11.

Wardman Park Bleacher Shade Structures
City of Desert Hot Springs

TABLE 7-8.6.2.1 (A)
CONSTRUCTION SITE BMPS(1)
ID BMP Name Minimum
Requirement
Temporary Soil Stabilization
SS-1 Scheduling (2) X
SS-2 Preservation of Existing Vegetation (2)
SS-3 Hydraulic Mulch (3)
SS-4 Hydroseeding (3)
SS-5 Soil Binders (3) X
SS-6 Straw Mulch (3)
SS-7 Geotextiles, Plastic Covers, & Erosion Control Blankets/Mats (3) SS-8 Wood Mulching
SS-9 Earth Dikes/Drainage Swales & Ditches X
SS-10 Outlet Protection/Velocity Dissipation Devices X
SS-11 Slope Drains X
SS-12 Streambank Stabilization
Temporary Sediment Control
SC-1 Silt Fence X
SC-2 Sediment/Desilting Basin
SC-3 Sediment Trap
SC-4 Check Dam
SC-5 Fiber Rolls
SC-6 Gravel Bag Berm X
SC-7 Street Sweeping and Vacuuming (2) X
SC-8 Sandbag Barrier (2) X
SC-9 Straw Bale Barrier
SC-10 Storm Drain Protection (2) X
Wind Erosion Control
WE-1 Wind Erosion Control (2) X
Tracking Control
TC-1 Stabilized Construction Entrance/Exit (2) X
TC-2 Stabilized Construction Roadway
TC-3 Entrance/Outlet Tire Wash
Non-storm Water Management
NS-1 Water Conservation Practices (2) X
NS-2 Dewatering Operations (4) X
NS-3 Paving and Grinding Operations (2) X
NS-4 Temporary Stream Crossing
NS-5 Clear Water Diversion
NS-6 Illicit Connection/Illegal Discharge Detection and Reporting (2) X NS-7 Potable Water/Irrigation
NS-8 Vehicle Equipment Cleaning (2) X
Item Number: 11.

Wardman Park Bleacher Shade Structures
City of Desert Hot Springs

NS-9 Vehicle Equipment Fueling (2) X
NS-10 Vehicle Equipment Maintenance (2) X
NS-11 Pile Driving Operations
NS-12 Concrete Curing X
NS-14 Material and Equipment Use Over Water
NS-14 Concrete Finishing X
NS-15 Structure Demolition Over or Adjacent to Water
NS-16 Temporary Batch Plant
Waste Management and Material Pollution Control
WM-1 Material Delivery (2) X
WM-2 Material Use (2) X
WM-3 Stockpile Management (2) X
WM-4 Spill Prevention and Control (2) X
WM-5 Solid Waste Management (2) X
WM-6 Hazardous Waste Management (5) X
WM-7 Contaminated Soil Management
WM-8 Concrete Waste Management (2) X
WM-9 Sanitary/Septic Waste Management (2) X
WM-10 Liquid Waste Management (6 X
(1) Additional BMPs may be required as a result of actual field conditions, Contractor activities, or construction operations.
(2) Required on all Projects as determined by the Engineer. (3) The Contractor shall elect an effective combination of erosion and sediment controls which may require one or a combination of these soil stabilization BMPs.
(4) Required for discharging accumulated precipitation if the Project will be constructed during the rainy season (Oct. 1 — Apr. 15) and for potential contact with groundwater during excavation. Separate permit requirements may be applicable for groundwater dewatering. Refer to 7-5. (5) Required if vehicles and equipment fueling, cleaning or maintenance on the Project site may generate hazardous waste or other construction activities may generate other hazardous waste such as from sewage spills, concrete cure spills, or other material or waste spills, leaks or other sources. (6) Required for potential sewage spills as well as any plan for emergency spill cleanup and response under 7-8.5.3.

The Contractor shall have a minimum of two readily accessible copies of the BMP Manual on the Project site at all times.

The Contractor shall become fully knowledgeable and fully comply with the applicable provisions of the BMP Manual, Permits and Federal, State and local regulations that govern the Contractor's operations and storm water discharges from Item Number: 11.

Wardman Park Bleacher Shade Structures
City of Desert Hot Springs

the Project site.
7-8.6.2.2 Year-Round Implementation Requirements.

The Contractor shall effectuate a year-round program for implementing, inspecting, and maintaining water pollution control practices for wind erosion control, tracking control, erosion and sediment control, non-storm water control, and waste management and materials pollution control.

Soil stabilization, erosion and sediment control practices conforming to the "Minimum Requirements" specified in Table 7-8.6.2.1 (A) shall be implemented throughout the rainy season, defined as between October 1 and April 15, and whenever the National Weather Service predicts rain within 24 hours. The National Weather Service weather forecast shall be monitored by the Contractor on a daily basis. An alternative weather forecast service may be used if approved by the Engineer. If precipitation is predicted, the rainy season water pollution control practices shall be deployed prior to the onset of the precipitation.

The non-rainy season shall be defined as all days outside the defined rainy season. Disturbed soil areas within the Project site shall be protected in conformance with the requirements in the Manual with an effective combination of tracking control, soil stabilization, and erosion and sediment control. Additionally, if the Agency has determined that the Contractor has not properly maintained an effective year round program for implementing, inspecting and maintaining appropriate water pollution control practices for wind erosion control, tracking control, erosion and sediment control, non-storm water control, and waste management and materials pollution control, the Engineer will direct the Contractor to immediately deploy effective BMPs conforming to the requirements in Table 7-

8.6.2.1 (A).
7-8.6.2.3 Drainage Control.

In all construction operations, care shall be taken not to disturb the existing drainage pattern whenever possible. Particular care shall be taken not to direct drainage water onto private property. Drainage water shall not be diverted to streets or drainage ways inadequate for the increased flow. Drainage means shall be provided to protect the Work and adjacent facilities from damage to water from the site or due to altered drainage patterns from construction operations.

Temporary provisions shall be made by the Contractor to insure the proper functioning of gutters, storm drain inlets, drainage ditches, culverts, irrigation ditches, Item Number: 11.

Wardman Park Bleacher Shade Structures
City of Desert Hot Springs

and natural water courses.
7-8.6.2.4 Maintenance.

The Contractor shall be responsible throughout the duration of the Contract for installing, constructing, inspecting, maintaining, removing and disposing of the water pollution control BMPs. Unless otherwise directed by the Engineer, the Contractor shall be responsible for BMP implementation and maintenance throughout any temporary suspension of the Work. The Project site shall be inspected and findings recorded on a weekly BMP checklist by the Contractor as follows:
1) Prior to a forecast storm;
2) After a precipitation event which causes site runoff; 3) At 24 hour intervals during extended precipitation events; 4) Routinely, a minimum of once every week.
7-8.6.2.5 Report of Discharge, Notices, or Orders.

If the Contractor identifies any discharge into receiving waters in a manner causing, or potentially casing, a condition of pollution, or if the Project receives a written notice or order from any regulatory agency, the Contractor shall so inform the Engineer within 24 hours. The Contractor shall submit a written report to the Engineer within 5 working days of the discharge event, notice or order. The report shall include the following information:
a) The date, time, location, nature of the operation and type of discharge, including the cause or nature of the notice or order.
b) The water pollution control practices deployed before the discharge event, or prior to receiving the notice or order.
c) The date of deployment and type of water pollution control practices deployed after the discharge event, or after receiving the notice or order, including additional measures installed or planned to reduce or prevent recurrence.
d) An implementation and maintenance schedule for any affected water pollution control practices.

Item Number: 11.