HomeMy WebLinkAboutCO 2025-108 - Landscape Structures Inc.
CITY OF RANCHO CUCAMONGA
CONTRACT AND SPECIFICATIONS
FOR
"Mountain View Park Playground Replacement Project "
PREPARED BY:
CITY OF RANCHO CUCAMONGA PUBLIC WORKS SERVICES DEPARTMENT
8794 LION ST.
RANCHO CUCAMONGA, CALIFORNIA 91730
(909) 477-2730
__________________________________________
MARITZA MARTINEZ
PUBLIC WORKS SERVICES DIRECTOR
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TABLE OF CONTENTS
TABLE OF CONTENTS .............................................................................................................................................. 1
INSTRUCTIONS TO CONTRACTOR ........................................................................................................................... 5
A. PROPOSALS...................................................................................................................................................... 5
B. PLANS, SPECIFICATIONS, AND SITE OF WORK .................................................................................................. 5
C. COMPETENCY OF CONTRACTOR ...................................................................................................................... 5
D. AWARD AND EXECUTION OF CONTRACT ......................................................................................................... 6
E. CITY BUSINESS LICENSE.................................................................................................................................... 7
F. EQUIVALENT MATERIALS ................................................................................................................................. 7
C O N T R A C T ....................................................................................................................................................... 8
A. AGREEMENT .................................................................................................................................................... 8
B. FAITHFUL PERFORMANCE BOND ................................................................................................................... 14
C. PAYMENT BOND ............................................................................................................................................ 15
D. WORKER'S COMPENSATION INSURANCE CERTIFICATE ................................................................................. 17
E. MAINTENANCE GUARANTEE BOND ............................................................................................................... 18
SPECIAL PROVISIONS ........................................................................................................................................... 20
PART 1 ................................................................................................................................................................. 20
SECTION 1 – GENERAL, TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS ................... 20
SECTION 2 – SCOPE OF THE WORK .......................................................................................................................... 22
SECTION 3 – CONTROL OF THE WORK ..................................................................................................................... 24
SECTION 4 - CONTROL OF MATERIALS ..................................................................................................................... 28
SECTION 5 – LEGAL RELATIONS AND RESPONSIBILITIES .......................................................................................... 30
SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK.................................................................................... 37
SECTION 7 – MEASUREMENT AND PAYMENT ......................................................................................................... 40
SECTION 8 – FACILITIES FOR AGENCY PERSONNEL .................................................................................................. 42
PART 3 ................................................................................................................................................................. 43
SECTION 300 – REMOVALS AND EARTHWORK ........................................................................................................ 43
PART 4 ................................................................................................................................................................. 45
SECTION 400 – PROTECTION AND RESTORATION ................................................................................................... 45
PART 9 ................................................................................................................................................................. 46
SECTION 900 – PLAYGROUND EQUIPMENT AND SURFACING REMOVAL ....................................................... 46
SECTION 901 – PLAYGROUND EQUIPMENT AND SURFACING INSTALLATION ............................................... 46
APPENDICES......................................................................................................................................................... 47
APPENDIX 1 - CITY WORKING DAYS CALENDAR ................................................................................................... 48
APPENDIX 2 – LANDSCAPE STRUCTURES PROPOSAL ............................................................................................ 49
APPENDIX 3 - EQIUPMENT LIST ............................................................................................................................ 50
APPENDIX 4 – PROJECT DRAWING ....................................................................................................................... 51
APPENDIX 5 – CONTRACT AMENDMENT .............................................................................................................. 52
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PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California
Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not
less than the general prevailing rate of per diem wages 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 that regard, the Director of the Department of
Industrial Relations of the State of California is required to and has determined such general
prevailing rates of per diem wages. As such, a copy of prevailing wage rates may be found at
https://www.dir.ca.gov/Public-Works/Prevailing-Wage.html. The Contracting Agency also shall
cause a copy of such determinations to be posted at the job site.
No contractor or subcontractor may be awarded a contract for public work on a public works
project unless registered with the Department of Industrial Relations pursuant to Labor Code
section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of Industrial
Relations.
For all projects, the contractors and subcontractors must furnish electronic certified payroll
records to the Labor Commissioner.
Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to the
City of Rancho Cucamonga, not more than two hundred dollars ($200.00) for each laborer,
workman, or mechanic employed for each calendar day or portion thereof, if such laborer,
workman or mechanic is paid less than the general prevailing rate of wages herein before
stipulated for any work done under the attached contract, by him or by any subcontractor under
him, in violation of the provisions of said Labor Code.
Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code
concerning the employment of apprentices by the Contractor or any subcontractor under him.
Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in
any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of
the public works project and which administers the apprenticeship program in that trade for a
certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will
be used in the performance of the contract. The ratio of apprentices to journeymen in such cases
shall not be less than one to five except:
A. When unemployment in the area of coverage by the joint apprenticeship
committee has exceeded an average of 15 percent in the 90 days prior to the
request of certificate, or
B. When the number of apprentices in training in the area exceeds a ratio of one to
five, or
C. When the trade can show that it is replacing at least 1/30 of its membership
through apprenticeship training on an annual basis statewide or locally, or
D. When the Contractor provides evidence that he employs registered apprentices
on all of his contracts on an annual average of not less than one apprentice to
eight journeymen.
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The Contractor is required to make contributions to funds established for the administration of
apprenticeship programs if he employs registered apprentices or journeymen in any
apprenticable trade on such contracts and if other Contractors on the public works site are
making such contributions.
The Contractor and subcontractor under him shall comply with the requirements of Sections
1777.5 and 1777.6 in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules, and other requirements may
be obtained from the Director of Industrial Relations, the Administrator of Apprenticeship, San
Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the
execution of this contract and the Contractor and any subcontractor under him shall comply with
and be governed by the laws of the State of California having to do with working hours as set
forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as
amended.
The Contractor or Subcontractor shall forfeit, as a penalty to the City of Rancho Cucamonga,
twenty-five dollars ($25.00) for each worker employed in the execution of the contract by the
respective contractor or subcontractor for each calendar day during which the worker is required
or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar
week in violation of the provisions of this article.
Contractor agrees to pay travel and subsistence pay to each workman needed to execute the
work required by this contract as such travel and subsistence payments are defined in the
applicable collective bargaining agreement filed in accordance with Labor Code Section 1773.1.
The amount of the bond to be given to secure a faithful performance of the contract for said work
shall be 100% of the contract price thereof, and an additional bond in an amount equal to 100%
of the contract price for said work shall be given to secure the payment of claims for any materials
or supplies furnished for the performance of the work contracted to be done by the Contractor,
or any work or labor of any kind done thereon, and the Contractor will also be required to furnish
a certificate that he carries compensation insurance covering his employees upon work to be
done under contract which may be entered into between him and the said City of Rancho
Cucamonga for the construction of said work.
Contractor shall possess any and all contractor licenses, in form and class as required by any
and all applicable laws with respect to any and all of the work to be performed under this contract;
including, but not limited to, a Class "A" License (General Engineering Contractor) in accordance
with the provisions of the Contractor's License Law (California Business and Professions Code,
Section 7000 et. seq.) and rules and regulation adopted pursuant thereto.
The Contractor, pursuant to the "California Business and Professions Code," Section 7028.15,
shall indicate his or her State License Number on the bid, together with the expiration date, and
be signed by the Contractor declaring, under penalty of perjury, that the information being
provided is true and correct.
The work is to be done in accordance with the profiles, plans, and specifications of the City of
Rancho Cucamonga on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho
Cucamonga, California.
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In accordance with the requirements of Section 7-3.2 of the General Provisions, as set forth in
the Plans and Specifications regarding the work contracted to be done by the Contractor, the
Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense,
substitute authorized securities in lieu of monies withheld (performance retention).
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INSTRUCTIONS TO CONTRACTOR
A. PROPOSALS
SIGNATURE OF CONTRACTOR
Corporation
The signature must contain the name of the corporation, must be signed by the President and
Secretary or Assistant Secretary, and the corporate seal must be affixed. Other persons may
sign for the corporation in lieu the above; however, a Certified copy (including the original
corporate seal) of a resolution of the corporate board of directors so authorizing them to do so
must also be provided to the City Clerk’s office as part of the Bidder’s response.
Partnership
The names of all persons comprising the partnership or co-partnership must be stated. The
proposal must be signed by all partners comprising the partnership unless proof in the form of a
certified copy of a certificate of partnership acknowledging the signer to be a general partner
authorized to sign the contract on behalf of the partnership is presented to the City Clerk, in which
case the general partner may sign.
Joint Venture
Proposal submitted as a joint venture must so state and be signed by each joint venture.
Individual
Proposal submitted by an individual must be signed by the bidder, unless a general power of
attorney, not more than 60 days old, is on file in the City Clerk's office, in which case the attorney
in fact may sign for the individual.
The above rules also apply in the case of the use of a fictitious business name. In addition, where
a fictitious name is used, it must be so indicated in the signature.
B. PLANS, SPECIFICATIONS, AND SITE OF WORK
The plans and specifications to which the proposal forms refer are on file and open to inspection
in the office of the City Engineer.
C. COMPETENCY OF CONTRACTOR
The Contractor shall be licensed under the provisions of Chapter 9, Division 3, of the Business
and Professions Code of the State of California to do the type of work contemplated in the
contract and shall be skilled and regularly engaged in the general class or type of work called for
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under this contract.
D. AWARD AND EXECUTION OF CONTRACT
Contractor shall possess any and all contractor licenses, in form and class as required by any
and all applicable laws with respect to any and all of the work to be performed under this contract;
including, but not limited to, a Class "A" License (General Engineering Contractor) in accordance
with the provisions of the Contractor's License Law (California Business and Professions Code,
Section 7000, et. seq.) and rules and regulations adopted pursuant thereto at the time this
contract is awarded.
Bonds
The Contractor shall furnish a good and sufficient surety bond issued by a surety company
authorized to do business in the State of California in the sum equal to 100% of the total bid,
conditioned for the Faithful Performance by the Contractor of all covenants, stipulations any
agreements contained in said contract; an addition, the Contractor shall furnish a Labor and
Materials Bond and a sum equal to 100% of the contract price, as required by the provisions of
Section 9554 of the California Civil Code.
Workers' Compensation
Before commencing any work under the contract, the successful bidder must file with the
Engineer a certificate by an insurance carrier authorized under the laws of the State to insure
employers against liability for compensation under the "Worker's Compensation Insurance and
Safety Act," stating that such bidder has taken out for the term for which the contract is to run,
compensation insurance covering his full liability work or labor necessary to carry out the
provisions of this contract, and an agreement to immediately notify said Engineer if said policy
should lapse or be canceled. In the event that such policy should become inoperative at any
time before the completion of the work, all work shall cease immediately until a new policy is
obtained and any time so lost shall not entitle Contractor to any extension of time.
Execution of Contract
The Contract shall be signed by the successful bidder and returned together with the other
required documents, within fifteen (15) days after the bidder has received notice that the contract
has been awarded, unless extended by said City Council in writing. No proposal shall be
considered binding upon the City until the execution of the contract.
Failure to execute a contract and file acceptable documents as provided herein within fifteen (15)
days from receipt of notice of award shall be just cause for the annulment of the award. In the
event of failure to enter into such contract, the lowest bidder’s security (cash, cashier’s check,
certified check, or bond) shall become the property of the City of Rancho Cucamonga.
Liquidated Damages and Working Days
Attention is directed to the provisions of Section 6-9 of the Specifications.
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The Contractor shall pay to the City of Rancho Cucamonga the sum of $3,600 per day for each
and every calendar day's delay in finishing the work in excess of 175 working days.
E. CITY BUSINESS LICENSE
Municipal Ordinances requires the issuance of a City Business License as a condition precedent
to being engaged as a Contractor within the City.
F. EQUIVALENT MATERIALS
Attention is directed to the provisions of Section 4-6 of the Standard Specifications for Public
Works Construction.
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C O N T R A C T
A. AGREEMENT
KNOW ALL MEN BY THESE PRESENT: That the following agreement is made and entered
into, in triplicate, as of the date executed by the City Clerk and the Mayor, by and
between Landscape Structures Inc., hereinafter referred to as the "CONTRACTOR" and the
City of Rancho Cucamonga, California, hereinafter referred to as "CITY."
WHEREAS, pursuant to the Notice Inviting Sealed Bids or Proposals, bids were received,
publicly opened, and declared on the date specified in said notice; and
WHEREAS, City did accept the proposal of Contractor; and
WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract with
Contractor for furnishing labor, equipment, and material for the construction of "Mountain View
Park Playground Replacement Project."
NOW THEREFORE, in consideration of the mutual covenants herein contained, it is agreed:
1. GENERAL SCOPE OF WORK: Contractor shall furnish all necessary labor, tools,
materials, appliances, and equipment for and do the work for the "Mountain View Park
Playground Replacement Project." Said work to be performed in accordance with
specifications and standards on file in the office of the City Engineer and in accordance
with proposal prices hereinafter mentioned and in accordance with the instruction of the
City Engineer.
2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The
aforesaid specifications are incorporated herein by reference thereto and made a part
hereof with like force and effect as if all of said documents were set forth in full herein.
Said documents, the Resolution Inviting Bids attached hereto, together with this written
agreement, shall constitute the entire contract between the parties. This contract is
intended to require a complete and finished piece of work and anything necessary to
complete the work properly and in accordance with the law and lawful governmental
regulations shall be performed by the Contractor whether set out specifically in the
contract or not. Should it be ascertained that any inconsistency exists between the
aforesaid documents and this written agreement, the provisions of this written agreement
shall control.
3. TERMS OF CONTRACT: The undersigned bidder agrees to execute the contract within
fifteen (15) days from the date of notice of award of the contract or upon notice by City
after the fifteen (15) days, and to complete his portion of the work within 175 working
days from the date specified in the Notice to Proceed. The bidder agrees further to the
assessment of liquidated damages in the amount of $3,600 for each calendar day the
work remains incomplete beyond the expiration of the completion date. City may deduct
the amount thereof from any monies due or that may become due the Contractor under
this contract. Progress payments made after the scheduled date of completion shall not
constitute a waiver of liquidated damages.
4. INSURANCE: The Contractor shall not commence work under this contract until he has
obtained all insurance required hereunder in a company or companies acceptable to City
nor shall the Contractor allow any subcontractor to commence work on his subcontract
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until all insurance required of the subcontractor has been obtained. The Contractor shall
take out and maintain at all time during the life of this contract the following policies of
insurance:
a. Workers Compensation Insurance: Before beginning work, the Contractor shall furnish
to the Engineer a certificate of insurance as proof that he has taken out full
compensation insurance for all persons whom he may employ directly or through
subcontractors in carrying out the work specified herein, in accordance with the laws
of the State of California. Such insurance shall be maintained in full force and effect
during the period covered by this contract.
In accordance with the provisions of Section 3700 of the California Labor Code, every
contractor shall secure the payment of compensation to his employees. Contractor,
prior to commencing work, shall sign and file with the City a certification as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for worker's compensation or to undertake self-
insurance in accordance with the provisions of that Code, and I will comply with such
provisions before commencing the performance of the work of this contract."
b. For all operations of the Contractor or any subcontractor in performing the work
provided for herein, insurance with the following minimum limits and coverage:
(1) General Liability - Bodily Injury (not auto) $2,000,000 each person; $2,000,000
each accident.
(2) General Liability - Property Damage (not auto) $1,000,000 each accident;
$2,000,000 aggregate.
(3) Contractor's Protective - Bodily Injury $1,000,000 each person; $2,000,000 each
accident.
(4) Contractor's Protective - Property Damage $1,000,000 each accident;
$2,000,000 aggregate.
(5) Automobile - Bodily Injury $2,000,000 each person; $3,000,000 each accident.
(6) Automobile - Property Damage $2,000,000 each accident.
c. Each such policy of insurance provided for in paragraph "b." shall:
(1) Be issued by an insurance company approved in writing by City, which is
qualified to do business in the State of California. The insurance company
shall have a policy holder rating of A or higher and a Financial Class VII or
higher established by A.M. Best Company Rating Guide;
(2) Name as additional insured the City, its elected officials, officers, agents and
employees, and any other parties specified in the specification documents to be
so included;
(3) Specify it acts as primary insurance and that no insurance held or owned by the
designated additional insured shall be called upon to cover a loss under said
policy;
(4) Contain a clause substantially in the following words:
"It is hereby understood and agreed that this policy may not be canceled nor the
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amount of the coverage thereof reduced until thirty (30) days after receipt by City
of a written notice of such cancellation or reduction of coverage as evidenced by
receipt of a registered letter."
(5) Otherwise be in form satisfactory to City.
d. The policy of insurance provided for in subparagraph "a." shall contain an endorsement
which:
(1) Waives all right of subrogation against all persons and entities specified in
subparagraph 4.c. (2) hereof to be listed as additional insured in the policy of
insurance provided for in paragraph "b." by reason of any claim arising out of or
connected with the operations of Contractor or any subcontractor in performing
the work provided for herein;
(2) Provides it shall not be canceled or altered without thirty (30) days' written notice
thereof given to City by registered mail.
e. The Contractor shall at the time of the execution of the contract present the original
policies of insurance required in paragraphs "a." and "b." hereof, or present a certificate
of the insurance company, showing the issuance of such insurance, and the additional
insured and other provisions required herein.
5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of
California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is
required to pay not less than the general prevailing rate of per diem wages for work of a
similar character in the locality in holiday and overtime work. In that regard, the Director
of the Department of Industrial Relations of the State of California is required to and has
determined such general prevailing rates of per diem wages. Copies of such prevailing
rates of per diem wages are on file in the office of the City Clerk of the City of Rancho
Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California, and are
available to any interested party on request. City also shall cause a copy of such
determinations to be posted at the job site.
Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty
to City, not more than two hundred dollars ($200.00) for each laborer, workman, or
mechanic employed for each calendar day or portion thereof if such laborer, workman,
or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated
for any work done under the attached contract, by him or by any subcontractor under
him, in violation of the provisions of said Labor Code.
6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section
1777.5 of the Labor Code as amended by Chapter 971, Statutes of 1939, and in
accordance with the regulations of the California Apprenticeship Council, properly
indentured apprentices may be employed in the prosecution of the work.
Attention is directed to the provisions in Section 1777.5 and 1777.6 of the Labor Code
concerning the employment of apprentices by the Contractor or any subcontractor under
him.
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Section 1777.5, as amended, requires the Contractor or subcontractor employing
tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee
nearest the site of the public works project and which administers the apprenticeship
program in that trade for a certificate of approval. The certificate will also fix the ratio of
apprentices to journeymen that will be used in the performance of the contract. The ratio
of apprentices to journeymen in such cases shall not be less than one to five except:
a. When unemployment in the area of coverage by the joint apprenticeship committee
has exceeded an average of 15 percent in the 90 days prior to the request for
certificate, or
b. When the number of apprentices in training in the area exceeds a ratio of one to five,
or
c. When the trade can show that it is replacing at least 1/30 of its membership through
apprenticeship training on an annual basis statewide or locally, or
d. When the Contractor provides evidence that he employs registered apprentices on all
of his contracts on an annual average of not less than one apprentice to eight
journeymen.
The Contractor is required to make contributions to funds established for the
administration of apprenticeship programs if he employs registered apprentices or
journeymen in any apprenticeable trade on such contracts and if other contractors on
the public works site are making such contributions.
The Contractor and subcontractor under him shall comply with the requirements of
Sections 1777.5 and 1777.6 in the employment of apprentices.
7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work
for all workmen employed in the execution of this contract, and the Contractor and any
subcontractor under him shall comply with and be governed by the laws of the State of
California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article
3, of the Labor Code of the State of California as amended.
The Contractor or Subcontractor shall forfeit, as a penalty to the City of Rancho
Cucamonga, twenty-five dollars ($25.00) for each worker employed in the execution of
the contract by the respective contractor or subcontractor for each calendar day during
which the worker is required or permitted to work more than 8 hours in any one calendar
day and 40 hours in any one calendar week in violation of the provisions of this article.
8. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay travel and subsistence
pay to each workman needed to execute the work required by this contract as such travel
and subsistence payments are defined in the applicable collective bargaining agreements
filed in accordance with Labor Code Section 1773.1.
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9. CONTRACTOR'S LIABILITY: The City of Rancho Cucamonga and its elected officials,
officers, agents and employees shall not be answerable or accountable in any manner
for any loss or damage that may happen to the work or any part thereof, or for any of the
materials or other things used or employed in performing the work; or for injury or damage
to any person or persons, either workmen, employees of the Contractor or his
subcontractors or the public, or for damage to adjoining or other property from any cause
whatsoever arising out of or in connection with the performance of the work. The
Contractor shall be responsible for any damage or injury to any person or property
resulting from defects or obstructions or from any cause whatsoever, except the sole
negligence or willful misconduct of the City, its employees, servants, or independent
contractors who are directly responsible to City during the progress of the work or at any
time before its completion and final acceptance.
The Contractor will indemnify City against and will hold and save City harmless from any
and all actions, claims, damages to persons or property, penalties, obligations, or
liabilities that may be asserted or claimed by any person, firm, entity, corporation, political
subdivision, or other organization arising out of or in connection with the work, operation,
or activities of the Contractor, his agents, employees, subcontractors, or invitees provided
for herein, whether or not there is concurrent passive or active negligence on the part of
City, but excluding such actions, claims, damages to persons or property, penalties,
obligations, or liabilities arising from the sole negligence or willful misconduct of City, its
employees, servants, or independent contractors who are directly responsible to City,
and in connection therewith:
a. The Contractor will defend any action or actions filed in connection with any of said
claims, damages, penalties, obligations, or liabilities and will pay all costs and
expenses, including attorneys' fees incurred in connection therewith.
b. The Contractor will promptly pay any judgment or award rendered against the
Contractor or City covering such claims, damages, penalties, obligations, and liabilities
arising out of or in connection with such work, operations, or activities of the Contractor
hereunder or reasonable settlement in lieu of judgment or award, and the Contractor
agrees to save and hold the City harmless therefrom.
c. In the event City is made a party to any action or proceeding filed or prosecuted against
the Contractor for damages or other claims arising out of or in connection with the
project, operation, or activities of the Contractor hereunder, the Contractor agrees to
pay to City any and all costs and expenses incurred by City in such action or
proceeding together with reasonable attorneys' fees.
So much of the money due to the Contractor under and by virtue of the contract as
shall be considered necessary by City may be retained by City until disposition has
been made of such actions or claims for damage as aforesaid.
10. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons
upon public works because of age, disability, race, color, religion, sex, sexual orientation
or national origin of such persons, and every contractor for public works violating this
section is subject to all the penalties imposed for a violation of Division 2, Part 7, Chapter
1 of the Labor Code in accordance with the provisions of Section 1735 of said Code.
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11. CONTRACT PRICE AND PAYMENT: City shall pay to the Contractor for furnishing the
material and doing the prescribed work per the unit prices set forth in accordance with
Contractor's Proposal.
IN WITNESS WHEREOF, the parties hereto have caused these present to be duly executed with
all the formalities required by law on the respective dates set forth opposite their signatures.
State of California Contractor's License #:
Date
By:
Signature Print Name &Title
By:
Signature Print Name &Title
CITY OF RANCHO CUCAMONGA, CALIFORNIA
By: BY:
L. Dennis Michael, Mayor Kim Sevy, City Clerk
Date
Contractor's Business Phone Number: . Emergency Name and Phone
Number at which Contractor can be reached at any time: ___________________________
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(909) 229-4855
1
MNDelano
840892
Karlye Emerson
601 7th StLandscape Structures Inc
CEO
55373
11/17/2025 | 11:34 AM PST
Class A
1
(763) 972-3391
VP of FinanceBrant Dennis
11/18/2025 | 7:10 AM PST
14
C O N T R A C T
B. FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENT: THAT . as Principal,
and , as Surety, are held
and firmly bound unto the City of Rancho Cucamonga, hereinafter called City, in the just and full
amount of Nine Hundred Thirty-One Thousand Two Hundred Eighty-Six Dollars and Twenty-
Nine Cents (Written) $931,286.29 (Figures) payment whereof we hereby bind ourselves, our
heirs, executors administrators, successors and assigns, jointly and severally, firmly by these
presents. Given under our hands and sealed with our seal this day of , 20 .
The condition of the foregoing obligation is such that,
WHEREAS, the above-named principal is about to enter into a contract with the City, whereby
said principal agrees to construct "Mountain View Park Playground Replacement Project" in
accordance with the AGREEMENT dated , which said contract is hereby
referred to and made a part hereof to the same extent as if the same were herein specifically set
forth;
NOW, THEREFORE, if the said principal shall well and truly do and perform all things agreed by
the principal in said contract to be done and performed, then this obligation is to be void;
otherwise it will remain in full force and effect;
PROVIDED, that for value received the undersigned stipulate and agree that no amendment,
change, extension of time, alteration or addition to said contract, or agreement, or of any feature
or item or items of performance required therein or thereunder shall in any manner affect the
obligations of the undersigned under this bond; and the surety does hereby waive notice of such
amendment, limitation of time for bringing action on this bond by the City, change, extension of
time, alteration or addition to said contract or agreement and of any feature or time of
performance required therein or thereunder.
WITNESS our hands this day of , 20 .
By: Title:
Surety: By:
Individual Partnership Corporation
Other, explain
SIGNATURES OF CONTRACTOR MUST BE ACKNOWLEDGED BEFORE A NOTARY
PUBLIC.
PLEASE ATTACH APPROPRIATE ACKNOWLEDGMENT FORMS
(INDIVIDUAL, PARTNERSHIP, CORPORATION, ETC.).
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Bond No.:
C. PAYMENT BOND
(Labor and Materials)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the CITY OF RANCHO CUCAMONGA (name of City) (“City”) has awarded to
(Name and address of Contractor)
(“Principal”), a contract (the “Contract”) for the work described as follows:
“Mountain View Park Playground Replacement Project”
WHEREAS, Principal is required under the terms of the Contract and the California Civil Code
to secure the payment of claims of laborers, mechanics, materialmen, and other persons as
provided by law.
NOW THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are
held and firmly bound unto City in the penal sum of Nine Hundred Thirty-One Thousand Two
Hundred Eighty-Six Dollars and Twenty-Nine Cents ($931,286.29 ), this amount being not less
than one hundred percent (100%) of the total contract price, in lawful money of the United States
of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs,
executors, administrators, successors, and assigns, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his,
her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to
pay any of the persons named in Section 9100 of the California Civil Code, or any amounts due
under the Unemployment Insurance Code with respect to work or labor performed under the
Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment
Development Department from the wages of employees of the Principal and subcontractors
pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor
performed under the Contract, the Surety will pay for the same in an amount not exceeding the
penal sum specified in this bond; otherwise, this obligation shall become null and void.
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Payment Bond (continued)
This bond shall insure to the benefit of any of the persons named in Section 9100 of the California
Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon
the bond. In case the suit is brought upon this bond, Surety further agrees to pay all court costs
and reasonable attorneys’ fees in an amount fixed by the court.
FURTHER, the Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration, addition or modification to the terms of the Contract, or of the work
to be performed thereunder, or the specifications for the same, shall in any way affect its
obligations under this bond, and it does hereby waive notice of any such change, extension of
time, alteration, addition, or modification to the terms of the Contract or to the work or to the
specifications thereunder. Surety hereby waives the provisions of California Civil Code Sections
2845 and 2849.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall
for all purposes be deemed an original hereof, have been duly executed by Principal and Surety,
on the date set forth below, the name of each corporate party being hereto affixed and these
presents duly signed by its undersigned representative(s) pursuant to authority of its governing
body.
Date:
“Principal” “Surety”
By: By:
Its Its
By: By:
Its Its
(Seal) (Seal)
Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and
evidence of the authority of any person signing as attorney-in-fact must be attached.
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D. WORKER'S COMPENSATION INSURANCE CERTIFICATE
The Contractor shall execute the following form as required by the California Labor Code,
Sections 1860 and 1861:
I am aware of the provision of Section 3700 of the Labor Code which requires every employer to
be insured against liability for worker's compensation or to undertake self-insurance in
accordance with the provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract.
Date (Contractor)
By:
(Signature)
(Title)
Attest:
By:
(Signature)
(Title)
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Class A11/17/2025 | 11:34 AM PST
CEO
VP of Finance
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E. MAINTENANCE GUARANTEE BOND
FOR
“Mountain View Park Playground Replacement Project”
WHEREAS, the City Council of the City of Rancho Cucamonga, State
of California, and (hereinafter designated as “Contractor”) have entered
into an agreement, Contract # , whereby Contractor agrees to install and complete certain
designated public improvements, which said agreement, dated , 20 , and identified as
project located is hereby referred to and made a part
hereof; and
WHEREAS, said Contractor is required under the terms of said
agreement to furnish a bond for the faithful performance of said agreement, guaranteeing all
improvements free of all defects for a period of one (1) year after acceptance of by
the City.
NOW, THEREFORE, we the Contractor and as
surety, are held and firmly bound unto the City of Rancho Cucamonga (hereinafter called “City”),
in the penal sum of Nine Hundred Thirty-One Thousand Two Hundred Eighty-Six Dollars and
Twenty-Nine Cents Dollars ($931,286.29) lawful money of the United States, for the payment of
which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and
administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bonded Contractor, his or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform the covenants, conditions and provisions in the said agreement
and any alteration thereof made as therein specified, and in all respects according to their true
intent and meaning, and shall indemnify and same harmless City, its officers, agents and
employees, as therein stipulated, then this obligation shall become null and void; otherwise, it
shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face
amount specified therefore, there shall be included costs and reasonable expenses and fees,
including reasonable attorney’s fees, incurred by City in successfully enforcing such obligation,
all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the agreements or to the work to be performed
thereunder or the specifications accompanying the same shall in any way affect its obligations
on this bond, and it does hereby waive notice of any such change, extension of time, alteration
or addition to the terms of the agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by
the Contractor and surety above named on , 20 .
CONTRACTOR SURETY
Name Name
Address Address
By: By:
PLEASE ATTACH POWER OF ATTORNEY TO ALL BONDS
SIGNATURES MUST BE NOTARIZED
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CITY OF RANCHO CUCAMONGA
SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
The work shall be done in accordance with the "Green Book" Standard Specifications for Public
Works Construction 2024 edition written and promulgated by the Southern California Chapter
of the American Public Works Association and the Southern District Associated General
Contractors of California Joint Cooperative Committee, herein referred to as the "Standard
Specifications." Subsequent amendments, supplements and/or additions shall also be
considered, included herein. Copies are available from the publisher, Building News,
Incorporated, 1612 So. Clementine Street, Anaheim, California, 92802, telephone (714) 517-
0970.
The Standard Specifications set forth above will control the general provisions, construction
materials, and construction methods for this contract except as amended by the Plans, other
contract documents, or the Special Provisions to follow.
The section numbers of the following amendments coincide with those of said Standard
Specifications. Only those sections requiring elaborations, amendments, specifying of options,
or additions are referenced.
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SPECIAL PROVISIONS
Amendments to "Standard Specifications", the City of Rancho Cucamonga
Specifications for Public Works Construction
PART 1
GENERAL PROVISIONS
SECTION 1 – GENERAL, TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE,
AND SYMBOLS
1-2 TERMS AND DEFINITIONS
The words and phrases defined below, appear in the Standard Specifications and in these
Special Provisions, shall for the purpose of the Contract have the meaning hereinafter assigned
to them.
Agency: The City of Rancho Cucamonga.
Board: The City Council of the City of Rancho Cucamonga.
Engineer: The City Engineer of the City of Rancho Cucamonga, acting
personally or through agents or assistants duly authorized by
him.
The following shall be added:
City: City of Rancho Cucamonga, San Bernardino County,
California.
Major Bid Item: A single Contract item constituting 10 percent or more of the
original Contract Price.
Substantial Completion: Means the project can be used for its intended purpose as
determined by the Engineer.
1-7 AWARD AND EXECUTION OF CONTRACT
The following subsection shall be added to subsection 1-7.1:
1-7.1.1 DESCRIPTION OF WORK
The scope of work to be performed in general consists of, but not limited to, demolishing
and removing existing play equipment and rubber surfacing, and installing new
playground equipment and resurfacing.
1-7.2 CONTRACT BONDS
Delete the second sentence of the fourth paragraph and add the following:
The "Performance Bond" shall remain in force until the acceptance of the Work by the
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Board. The bond shall be maintained by the Contractor in full force and effect until thirty
five days after recordation of the Notice of Completion and acceptance of a “Maintenance
Surety Bond” per Section 4-1.1.
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SECTION 2 – SCOPE OF THE WORK
2-1 WORK TO BE DONE
The following paragraphs shall be added following paragraph one:
All work which is defective in its construction or deficient in any of the requirements of the
Plans and Specifications shall be remedied or removed and replaced by the Contractor
in an acceptable manner at his own expense. No compensation will be allowed for any
work done beyond the lines and grades shown on the Plans or established by the
Engineer. Upon failure on the part of the Contractor to comply with any order of the
Engineer made under the provisions of this article, the Engineer and City may cause the
defective work to be remedied or removed and replaced at the expense of the Contractor.
Any unauthorized or defective work, defective material, or workmanship or any unfaithful
or imperfect work that may be discovered before final acceptance of work by the board
shall be corrected immediately with no extra charge even though it may have been
overlooked in previous inspections and estimates or may have been caused due to failure
to inspect the Work.
2-2 PERMITS
The entire text of Subsection 2-2 is deleted and replaced with the following:
Prior to the start of any work, the Contractor shall obtain the applicable City permits and
plan for City inspections. The City will issue the permits at no charge to the Contractor.
The Contractor and all subcontractors shall each obtain a City business license and shall
be licensed in accordance with State Business and Professions Code. The Contractor
shall also obtain all other permits, licenses, inspections, certificates, or authorizations
required by any governing body or entity.
The Contractor shall submit a Temporary Use Permit application to the Code
Enforcement Office of the Planning Division of the City before utilizing a temporary
construction storage site. The application shall state the site's intended use and include
a map showing the location of the temporary storage area in relation to the project area
along with proposed ingress and egress routes. Permit submittal information can be
obtained from Code Enforcement, (909) 477-2720.
If the City has obtained permits, licenses or other authorizations applicable to the work
from other agencies, the Contractor shall comply with the provisions of said permits,
licenses and other authorizations.
Any charges for permit fees, licenses, inspection fees, certificates, insurance,
authorizations, bonds that are required by any other governing body entity, utilities,
railroads, agency shall be paid for by the Contractor. The actual costs of these charges
to the Contractor shall be reimbursable by the City.
2-5 THE CONTRACTOR'S EQUIPMENT AND FACILITIES
2-5.1 GENERAL.
The following sentence shall be added to the end of paragraph one:
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Such equipment and facilities shall meet all requirements of applicable ordinances and
laws.
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SECTION 3 – CONTROL OF THE WORK
3-4 AUTHORITY OF THE BOARD AND THE ENGINEER
The following paragraphs shall be added following paragraph two:
All authorized alterations affecting the requirements and information given on the
approved plans shall be in writing. No changes shall be made on any plan or drawing
after the same has been approved by the Engineer, except by direction of the Engineer
in writing. Deviations from the approved plans, as may be required by the exigencies of
construction, will be determined in all cases by the Engineer and authorized in writing.
All instructions, rulings and decisions of the Engineer shall be in writing and binding on
all parties unless formal protest is made as provided in the following paragraph:
If the Contractor considers any work demanded of him to be outside the requirements of
the contract, or if he considers any instruction, ruling or decision of the Inspector or
Engineer to be unfair, he shall within ten (10) days after any such demand is made, or
instruction, ruling or decision is given, file a written protest with the Engineer, stating
clearly and in detail his objections and reasons therefore. Except for such protests and
objections as are made of record in the manner and within the time above stated, the
Contractor shall be deemed to have waived and does hereby waive all claims for extra
work, damages and extensions of time on account of demands, instructions, rulings and
decisions of the Engineer.
Upon receipt of any such protest from the Contractor, the Engineer shall review the
demand, instruction, ruling or decision objected to and shall promptly advise the
Contractor, in writing, of his final decision, which shall be binding on all parties, unless
within the ten days thereafter the Contractor shall file with the Board a formal protest
against said decision of the Engineer. The Board shall consider and render a final
decision on any such protest within thirty (30) days of receipt of same.
3-6 THE CONTRACTOR'S REPRESENTATIVE
The following paragraphs shall be added following paragraph one:
The Contractor shall file with the Engineer the addresses and telephone numbers where
he or his designated representative may be reached during hours when the work is not
in progress, so that 24-hour, 7days-a-week contact can be maintained.
Instructions and information given by the Engineer to the Contractor's authorized
representative or at the address or telephone numbers filed in accordance with this
section shall be considered as having been given to the Contractor.
3-7 CONTRACT DOCUMENT
3-7.1 GENERAL.
Add the following after the third paragraph:
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While it is believed that much of the information pertaining to conditions, which may affect
the cost of the Work, will be shown on the Plans or indicated in the Specifications, the
Agency does not warrant the completeness or accuracy of such information.
The Contractor shall ascertain the existence of any conditions affecting the cost of the
Work through a reasonable examination of the Work site prior to submitting the Bid.
Existing improvements visible at the Work site, for which no specific disposition is made
on the Plans, but which interfere with the completion of the Work, shall be removed and
disposed of by the Contractor.
The following paragraphs shall be added following the last paragraph:
If the Contractor, either commencing work or in the course of the work, finds any discrepancy
between the Specifications and the Plans, or between either, and the physical conditions at the
site of the work, or finds any error or omission in any of the Plans, or Specifications or survey,
he shall promptly notify the Engineer in writing of any such discrepancy, error, or omission. If
the Contractor observes that any of the Plans or Specifications are at variance with any
applicable law, ordinance, regulation, order or decree, he shall promptly notify the Engineer in
writing of such conflict.
The Engineer on receipt of any such notice shall promptly investigate the circumstances and
give appropriate instructions to the Contractor. Until such instructions are given, any work done
by the Contractor, either directly or indirectly, after his discovery of such error, discrepancy, or
conflict, will be at his own risk, and he shall bear all costs arising therefrom.
3-7.2 PRECEDENCE OF CONTRACT DOCUMENTS.
The following paragraph shall be added following paragraph two:
Should it appear that the work to be done or any matter relative thereto is not sufficiently
detailed or explained by the specifications, the Contractor shall apply to the Engineer for
such further explanation as may be necessary and shall conform to such explanation or
interpretation as part of the Contract so far as may be consistent with the intent of the
original plans and specifications. In the event of any discrepancy between any drawing
and the figures written thereon, the figures shall be taken as correct.
THE FOLLOWING SUBSECTION SHALL BE ADDED : 3-7.3AS BUILT PLANS.
The Contractor shall maintain a control set of Plans and Specifications on the project site
at all times. All final locations determined in the field, and any deviations from the Plans
and Specifications, shall be marked in red on this control set to show the as-built
conditions. Upon completion of all work, the Contractor shall return the control set to the
Engineer. Final payment will not be made until this requirement is met.
3-12 WORK SITE MAINTENANCE
3-12.3 NOISE CONTROL.
The text of the subsection shall be deleted and replaced with the following:
Noise generated from the Contractor’s operations shall be controlled as specified by City
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Ordinance. The use of excessively loud warning signals shall be avoided except in those
cases required for the protection of personnel.
3-12.6.2 BEST MANAGEMENT PRACTICES (BMPS).
The following is added after the first sentence in the second paragraph as follows:
Best Management Practices relevant to the Work shall be in accordance with the current
California Stormwater Quality Association (CASQA) BMP Handbook as needed and/or
otherwise directed by the Engineer. The contractor shall implement and maintain BMPs
relevant to the scope of work.
3-12.6.3 STORM WATER POLLUTION PREVENTION PLAN (SWPPP).
The following shall be added after the first paragraph:
Projects subject to requirements of General Permit for Discharges associated with
Construction and Land Disturbance Activities (Order NO. 2009-0009-DWQ NPDES NO.
CAS000002)
The contractor shall follow all requirements in Order NO. 2009-0009-DWQ, NPDES NO.
CAS000002. This General Permit regulates discharges of pollutants in storm water associated
with construction activity (storm water discharges) to waters of the United States from
construction sites that disturb one or more acres of land surface, or that are part of a common
plan of development or sale that disturbs more than one acre of land surface. Contractor is not
responsible for filing a Notice of Intent (NOI) for Permit coverage or a Notice of Termination
(NOT) at project end. City staff will file a NOI for permit coverage and file a (NOT) at the end of
the project. (See General Construction Storm Water Permit PDF:
https://www.waterboards.ca.gov/water_issues/programs/stormwater/docs/constpermits/wqo_20
09_0009_complete.pdf).
A requirement of the Permit is the discharger shall develop a Storm Water Pollution Prevention
Plan (SWPPP). The discharger shall ensure that the SWPPP for all sites are developed and
amended or revised by a Qualified SWPPP Developer (QSD). Also, the discharger shall ensure
that Best Management Practices (BMPs) within the SWPPP are implemented by a Qualified
SWPPP Practitioner (QSP). (See SWPPP Training Qualifications and Requirements PDF:
https://www.waterboards.ca.gov/water_issues/programs/stormwater/docs/constpermits/wqo_20
09_0009_complete.pdf#page=49). The SWPPP shall be designed to address the following
objectives:
1. All pollutants and their sources, including sources of sediment associated with
construction, construction site erosion and all other activities associated with construction
activity is controlled;
2. Where not otherwise required to be under a Regional Water Board permit, all non-storm
water discharges are identified and either eliminated, controlled, or treated;
3. Site Best Management Practices (BMPs) are effective and result in the reduction or
elimination of pollutants in storm water discharges and authorized non-storm water
discharges from construction activity to the Best Available Technology Economically
Achievable/Best Conventional Pollutant Control Technology standard (BAT/BCT
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standard);
4. Calculations and design details as well as BMP controls for site run-on are complete and
correct, and
5. To demonstrate compliance with requirements of this General Permit, the QSD shall
include information in the SWPPP that supports the conclusions, selections, use, and
maintenance of BMPs.
6. Stabilization BMPs installed to reduce or eliminate pollutants after construction is
complete.
3-12.6.5. PAYMENT.
The entire text of the subsection is deleted and replaced with the following:
Unless otherwise specified in the bid, payment for implementation and maintenance of
BMP’s and SWPPP, and for dewatering shall be considered as included in the Contract
Unit Price for each item in the Bid.
3-13 COMPLETION, ACCEPTANCE, AND WARRANTY.
3-13.1 COMPLETION.
Delete the following from the last sentence:
“…and to which liquidated damages will be computed.”
3-13.3 WARRANTY.
The first paragraph shall be deleted and replaced with the following:
All work shall be warranted by the Contractor against defective workmanship and
materials for a period of 1 year from the date of the acceptance of the work by the Board.
The following shall be added to the end of the second paragraph:
In addition, manufacturers’ warranties, guarantees, instruction sheets and parts list,
which are furnished with articles or materials incorporated in the work, shall be delivered
to the Engineer before acceptance of the work by the City.
The following subsection shall be added:
3-14 CLAIMS DISPUTE RESOLUTION.
In the event of any dispute or controversy with the City over any matter whatsoever, the
Contractor shall not cause any delay or cessation in or of Work, but shall proceed with
the performance of the Work in dispute. The Contractor shall retain any and all rights
provided that pertain to the resolution of disputes and protests between the parties. The
Disputed Work will be categorized as an “unresolved dispute” and payment, if any, shall
be as later determined by agreement or a court of law. The Contractor shall keep
accurate, detailed records of all Disputed Work, claims and other disputed matters.
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All claims arising out of or related to the Contract Documents or this Project, and the
consideration and payment of such claims, are subject to the Government Claims Act
(Government Code Section 810 et seq.) with regard to filing claims. All such claims are
also subject to the dispute procedures set forth in Public Contract Code Section 9204
and Public Contract Code Section 20104, et seq. (Article 1.5), to the extent each is
applicable. This Contract hereby incorporates those provisions as through fully set forth
herein. Thus, the Contractor or any Subcontractor must file a claim in accordance with
the Government Claims Act as a prerequisite to filing a construction claim in compliance
with Section 9204 and Section 20104 et seq. (if applicable), and must then adhere to
Section 20104, et seq. and Section 9204, as applicable, pursuant to the definition of
“claim” as individually defined therein.
SECTION 4 - CONTROL OF MATERIALS
4-1 GENERAL.
The following paragraphs shall be added following paragraph three:
Used or secondhand materials, parts, and equipment may be used only if permitted by
the specifications.
The Contractor shall guarantee the entire work constructed by him under the contract to
be free of defects in materials and workmanship for a period of one year following the
date of acceptance of the work by the Board. The Contractor shall agree to make, at his
own expense, any repairs or replacements made necessary by defects in materials or
workmanship, which become evident within the warranty period. The Contractor shall
further agree to indemnify and save harmless the City and Engineer, and their officers,
agents and employees, against and from all claims and liability arising from damage and
injury due to said defects. The Contractor shall make all repairs and replacements
promptly upon receipt of written order from the Engineer. If the contractor fails to make
the repairs and replacements promptly, the City may do the work and the Contractor and
his surety shall be liable to the City for the cost of the work.
The guarantee and conditions specified above shall be secured by a surety bond, which
shall be delivered by the Contractor to the City prior to the date on which final payment
is made to the Contractor. Said bond shall be in an approved form and executed by a
surety company or companies satisfactory to the City, in the amount of ten percent (10%)
of the final construction cost, or $1,000.00, whichever is greater. Said bond shall remain
in force for the duration of the warranty period specified.
4-3 INSPECTION.
4-3.1 GENERAL.
The text of Subsection 4-3.1 "General," shall be deleted and replaced with the following:
Materials to be used in the work will be subject to inspection and tests by the Engineer
or his designated representative. The Contractor shall furnish without charge such
samples as may be required. The Contractor shall furnish the Engineer a list of his
sources of materials and the locations at which such materials will be available for
inspection. The list shall be furnished to the Engineer in sufficient time to permit
inspecting and testing of their use. The Engineer may inspect, sample or test materials
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at the source of supply or other locations, but such inspection, sampling or testing will not
be undertaken until the Engineer is assured by the Contractor of the cooperation and
assistance of both the Contractor and the supplier of the material. The Contractor shall
assure that the Engineer or his authorized representative has free access at all times to
the material to be inspected, sampled or tested. It is understood that such inspections
and tests, if made at any point other than the point of incorporation in the work, in no way
shall be considered as a guarantee of acceptance of such material nor of continued
acceptance of material presumed to be similar to that upon which inspections and tests
have been made, and that inspection and testing performed by the City shall not relieve
the Contractor or his suppliers of responsibility for quality control.
Manufacturers' warranties, guarantees, instruction sheets and parts lists, which are
furnished with certain articles of materials incorporated in the work, shall be delivered to
the Engineer before acceptance of the contracts.
The Engineer may inspect the production of material, or the manufacture of products at
the source of supply. Plant inspection, however, will not be undertaken until the Engineer
is assured of the cooperation and assistance of both the Contractor and the material
producers. The Engineer or his authorized representative shall have free entry at all
times to such parts of the plant as concerns the manufacture or production of the
materials. Adequate facilities shall be furnished free of charge to make the necessary
inspection. The City assumes no obligation to inspect materials at the source of supply.
4-4 TESTING.
The first paragraph shall be deleted and replaced with the following paragraphs:
Before incorporation in the Work, the Contractor shall submit samples of materials, as
the Engineer may require, at no cost to the Agency. The Contractor, at its expense, shall
deliver the materials for testing to the place and at the time designated by the Engineer.
Except as elsewhere specified, the City will bear the cost of testing material and/or
workmanship, which meet or exceed the requirements indicated in the Standard
Specifications and the Special Provisions. The cost of all other tests, including the
retesting of material or workmanship that fails to pass the first test, shall be borne by the
Contractor.
The Contractor shall at his expense furnish the City, in triplicate, certified copies of all
required factory and mill test reports. Any materials shipped by the Contractor from a
factory or mill prior to having satisfactorily passed such testing and inspection by a
representative of the City shall not be incorporated in the work, unless the Engineer shall
have notified the Contractor, in writing, that such testing and inspection will not be
required.
4-5 CERTIFICATE OF COMPLIANCE.
Add the following paragraphs at the end of the subsection:
A Certificate of Compliance shall be furnished prior to the use of any materials for which
these specifications or the special provisions require that such a certificate be furnished.
In addition, when so authorized in these specifications or in the special provisions the
Engineer may permit the use of certain materials or assemblies prior to sampling and
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testing if accompanied by a Certificate of Compliance. The certificate shall be signed by
the manufacturer of the material or the manufacturer of assembled materials and shall
state that the materials involved comply in all respects with the requirements of the
specifications. A Certificate of Compliance shall not relieve the Contractor or
responsibility for incorporating material in the work which conforms to the requirements
of the plans and specifications, and any such material not conforming to such
requirements will be subject to rejection whether in place or not.
The City reserves the right to refuse to permit the use of material on the basis of a
Certificate of Compliance.
The form of the Certificate of Compliance and its disposition shall be as directed by the
Engineer.
SECTION 5 – LEGAL RELATIONS AND RESPONSIBILITIES
5-1 LAWS AND REGULATIONS
The following paragraphs shall be added after paragraph one:
If a discrepancy or inconsistency is discovered in the Plans, Drawings, Specifications or
Contract for the work in relation to any such law, ordinance, regulation, order or decree,
the Contractor shall forthwith report the same to the Engineer in writing.
Per City Municipal Code Section 8.17.050/8.19.051, if the Contractor finds it necessary
to make use of a refuse hauling service, only the City Franchised Hauler shall be used.
Contact Burrtec Waste Industries at (909) 987-3717.
5-3 LABOR
5-3.2 PREVAILING WAGES.
The following paragraphs shall be added following paragraph one:
The Contractor, and all subcontractors, suppliers and vendors, shall comply with all City,
State and Federal orders regarding affirmative action to ensure equal employment
opportunities and fair employment practices. Failure to file any report due under said
orders will result in suspension of progress payments.
The Contractor shall ensure unlimited access to the job site for all equal employment
opportunity compliance officers.
Particular attention is called to the Labor Code of California, Part 7, Chapter I, Article 2,
"Wages," Article 3, "Working Hours." Attention is also directed to the provisions in Section
1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the
Contractor or any subcontractor under him.
The entire text of the subsection is deleted and replaced with the following:
5-3.3 PAYROLL RECORDS.
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The Contractor and each of his subcontractors shall prepare payrolls on forms prescribed
and in accordance with instructions furnished by the City. Within seven (7) days after the
regular payment date of the payroll, the Contractor shall deliver to the City a certified and
legible copy of each payroll. Such payroll shall be sworn to in accordance with the
federal regulations made pursuant to the "Kick Back Statute."
Such copies of payrolls shall be accompanied by substantial proof that all bills for services
rendered and materials supplied have been duly paid for. The Contractor shall not carry
on his payroll any person not employed by him. Employees of a subcontractor must be
carried on the rolls of the employing subcontractor.
This project is subject to compliance monitoring and enforcement by the Department of
Industrial Relations. For all new projects awarded on or after April 1, 2015, the
contractors and subcontractors must furnish electronic certified payroll records to the
Labor Commissioner. The requirement to furnish electronic certified payroll records to
the Labor Commissioner will apply to all public works projects, whether new or ongoing,
beginning January 1, 2016.
Each Contractor or Subcontractor shall preserve his weekly payroll records for a period
of three (3) years from the date of the acceptance of the work by the Board. The payroll
records shall set out accurately and completely the name, address, social security
number, occupational classification, and hourly wage rate of each employee, hours
worked by him during the payroll period, and full weekly wages earned by him, any
deductions made from such weekly wages, and the actual weekly wages paid to him.
Such payroll records shall be made available at all times for inspection by the City or its
authorized representatives.
The Contractor agrees that, in case of underpayment of wages to any worker on the
project under this contract by the Contractor or any subcontractor, the City shall withhold
from the Contractor out of payments due, an amount sufficient to pay such worker the
difference between the wages required to be paid under this contract and the wages
actually paid such worker for the total number of hours worked and that the City may
disburse such amount so withheld by it for and on account of the Contractor to the
employee to whom such amount is due. The Contractor further agrees that the amount
to be withheld pursuant to this paragraph may be in addition to the percentages to be
retained by the City pursuant to other provisions of this contract.
The following subsection shall be added:
5-3.6 JOB SITE NOTICE.
Pursuant to the Labor Code, Division 2, Part 7, Chapter 1, Section 1771.4(a)(2), the prime
contractor shall post job site notices, as prescribed by regulation.
5-4 INSURANCE
The text of this entire subsection, except the last paragraph under subsection 5-4.1 and entire
subsection 5-4.3 (Workers’ Compensation Insurance), shall be deleted and replaced with the
following in accordance to the City's "Contract Agreement":
The Contractor shall not commence work under this contract until he has obtained all
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insurance required hereunder in a company or companies acceptable to the City nor shall
the Contractor allow any subcontractor to commence work on his subcontract until all
insurance required of the subcontractor has been obtained. The Contractor shall take
out and maintain at all times during the life of this contract the following policies of
insurance:
a. Compensation Insurance: Before beginning work, the Contractor shall furnish
to the Engineer a certificate of insurance as proof that he has taken out full
compensation insurance for all persons whom he may employ directly or
through subcontractors in carrying out the work specified herein, in
accordance with the laws of the State of California. Such insurance shall be
maintained in full force and effect during the period covered by this contract.
In accordance with the provisions of Section 3700 of the California Labor Code, every
contractor shall secure the payment of compensation to his employees. Contractor, prior
to commencing work, shall sign and file with the City a certification as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for worker's compensation or to undertake self-
insurance in accordance with the provisions of that Code, and I will comply with such
provisions before commencing the performance of the work of this contract."
b. The policy of insurance provided for in subparagraph a. shall contain an
endorsement which:
(1) Waives all right of subrogation against all persons and entities specified in
subparagraph 7-3 d.(2) hereof to be listed as additional insureds in the
policy of insurance provided for in paragraph c. by reason of any claim
arising out of or connected with the operations of Contractor or any
subcontractor in performing the work provided for herein;
(2) Provides it shall not be canceled or altered without thirty (30) days' written
notice thereof given to City by registered mail.
c. For all operations of the Contractor or any subcontractor in performing the
work provided for herein, insurance with the following minimum limits and
coverage:
(1) Public Liability - Bodily Injury (not auto) ………………………..$2,000,000
each person; $2,000,000 each accident.
(2) Public Liability - Property Damage (not auto) ………………….$1,000,000
each accident; $2,000,000 aggregate.
(3) Contractor's Protective - Bodily Injury …………………………..$1,000,000
each person; $2,000,000 each accident.
(4) Contractor's Protective - Property Damage ……………………$1,000,000
each accident; $2,000,000 aggregate.
(5) Automobile - Bodily Injury ………………………………………..$2,000,000
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each person; $3,000,000 each accident.
(6) Automobile - Property Damage ………………………………….$2,000,000
each accident.
d. Each such policy of insurance provided for in paragraph c. shall:
(1) Be issued by an insurance company approved in writing by City, which is
qualified to do business in the State of California. The insurance
company shall have a policy holder rating of A or higher and a
Financial Class VII or higher established by A.M. Best Company
Rating Guide;
(2) Name as additional insured the City of Rancho Cucamonga, its elected
officials, officers, agents and employees, and any other parties specified
in the specification documents to be so included:
(3) Specify it acts as primary insurance and that no insurance held or owned
by the designated additional insureds shall be called upon to cover a loss
under said policy;
(4) Contain a clause substantially in the following words:
"It is hereby understood and agreed that this policy may not be canceled nor the amount
of the coverage thereof reduced until thirty (30) days after receipt by City of a written
notice of such cancellation or reduction of coverage as evidenced by receipt of a
registered letter."
(5) Otherwise be in form satisfactory to City.
e. The Contractor shall at the time of the execution of the contract present the
original policies of insurance required in paragraphs a. and c. hereof, or
present a certificate of the insurance company showing the issuance of such
insurance, and the additional insureds and other provisions required herein.
5-7 SAFETY
5-7.2 SAFETY ORDERS.
5-7.2.3 PAYMENT.
The entire text of the subsection is deleted and replaced with the following:
Payment for performing all work necessary to provide safety measures or compliance
with the provisions of the safety orders and all other laws, ordinances, and regulations
shall be included in the various proposal items, except where separate items for
excavation safety are provided or required by law.
The following subsections shall be added:
5-7.9 ACCESS
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5-7.9.1 GENERAL.
The Contractor shall notify the occupants of all affected properties at least seventy-two hours
prior to any temporary obstruction of access. Vehicular access to property line shall be
maintained except as required for construction for a reasonable period of time. No overnight
closure of any driveway will be allowed except as permitted by the Engineer.
At least one twelve foot wide traffic lane shall be provided for each direction of travel on all streets
at all times except as permitted by the Engineer. The traffic lanes shall be maintained on
pavement, and shall remain unobstructed.
Clearances from traffic lanes shall be five feet to the edge of any excavation and two feet to the
face of any curb, pole, barricade, delineator, or other vertical obstruction.
5-7.10 WORK AREA TRAFFIC CONTROL
5-7.10.1 GENERAL.
The Contractor shall prepare a permit application for street closure and shall attach two copies
of the proposed traffic control signing, barricading and/or detour routing. The permit application
and accompanying attachments shall be reviewed by the City Traffic Engineer. Upon the Traffic
Engineer's approval, a no-fee Street Closure Permit shall be issued. No Street Closure, Lane
Closure, Detour or other work requiring traffic control shall commence prior to issuance of said
permit.
The Contractor shall provide and install barricades, delineators, warning devices and
construction signs in accordance with the current California Joint Utility Traffic Control Manual
(CJUTCM) published by the California Inter- Utility Coordinating Committee, the Work Area
Traffic Control Handbook (WATCH) and the current Caltrans Manual of Traffic Controls for
Construction and Maintenance Work Zones unless otherwise approved by the Engineer. During
adverse weather or unusual traffic or working conditions additional traffic devices shall be placed
as directed by the Engineer.
Should the Contractor fail to furnish a sufficient number of traffic and/or pedestrian safety
devices, the City will place such necessary items and the Contractor shall be liable to the City
for providing such devices in accordance with the following provisions:
1. Rental Rates
A. Type I or II Barricades - $5.00 per barricade for the first day or any part thereof
and $2.00 per barricade per day for each day thereafter or any part thereof.
B. Type III Barricades - $15.00 per barricade for the first day or any part thereof
and $5.00 per barricade per day for each day thereafter or any part thereof.
C. Flashers - $5.00 per flasher for the first day or any part thereof and $2.00 per
flasher per day for each day thereafter or any part thereof.
D. Construction Signs - $5.00 per construction sign for the first day or any part
thereof and $2.00 per construction sign per day for each day thereafter or any
part thereof.
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E. Cones - $1.00 per cone for each day or any part thereof.
2. Replacement Charges
A. Type I or II Barricades - $20.00 per Type I or II barricade that is lost or damaged.
B. Type III Barricades - $100.00 per Type III barricade that is lost or damaged.
C. Flasher - $15.00 per flasher that is lost or damaged.
D. Signs - $30.00 per sign that is lost or damaged.
E. Cones - $5.00 per cone that is lost or damaged.
3. Service Charges
A. Service trips between the hours of 7:00 A.M. and 3:00 P.M. - $30.00 per hour,
two hour minimum each service trip.
B. Service trips between the hours of 3:00 P.M. and 7:00 A.M., or any time on
Saturday, Sunday, or a City Holiday - $35.00 per hour, two hour minimum
each service trip.
Judgment as to adequate or sufficient barricading shall be that which is adequate or sufficient in
the opinion of the Engineer.
The Contractor shall relocate, preserve and maintain the visibility of all existing signs within the
project limits which affect the flow of traffic, as directed by the Engineer. Any signs which are
damaged or found to be missing during the course of construction shall be replaced by the
Contractor at his expense as directed by the Engineer. All other signs that interfere with the
course of work and are not necessary for the safe flow of traffic will be removed and replaced by
the City. Traffic control signs include Stop Signs, Speed Limit, Parking Restriction and other
regulatory signs.
The Contractor shall not close any street within the City of Rancho Cucamonga without first
obtaining the approval of the Engineer. Lane closures on four lane streets shall be restricted to
between the hours of 8:30 AM and 4:00 PM.
5-7.10.2 PAYMENT.
Payment for preparing and performing all work necessary to provide work area traffic
control or compliance with the provisions of the public safety and all other laws,
ordinances, and regulations shall be included in the various bid items except where
separate bid items for traffic control are provided or required by law.
The following subsection shall be added:
5-7.11 PROTECTION OF PUBLIC.
Whenever the construction occurs within a developed residential area and/or through a
school site, the Contractor shall take all necessary precautions to protect the public,
especially children, from the hazards of open excavations. Trenches shall either be
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covered or adequately fenced at night and on weekends or whenever operations are not
in actual process.
Unusual conditions may arise on the project, which will require that immediate and
unusual provision be made to protect the public from danger or loss or damage to life and
property, due directly or indirectly to the progression of the work. It is part of the service
required of the Contractor to make such provisions and to furnish such protection.
The Contractor shall use such foresight and shall take such steps and precautions as his
operations make necessary to protect the public from danger or damage, or loss of life
or property, which would result from the interruption or contamination of public water
supply, irrigation or other public service or from the failure of partly completed work.
Whenever, in the opinion of the City, an emergency exists against which the Contractor
has not taken sufficient precaution for the safety of the public or the protection of utilities
or of adjacent structures or property or if immediate action shall be considered necessary
in order to protect public or private personnel or property interest, or prevent likely loss of
human life or damage on account of the operations under the contract, then and in that
event the City may provide suitable protection to said interest by causing such work to
be done and material to be furnished, as, in the opinion of the City may seem reasonable
and necessary.
The cost and expense of said labor and material together with the cost and expense of
such repairs as may be deemed necessary shall be borne by the Contractor, and if he
shall not pay said cost and expense upon presentation of the bills therefore, duly certified
by the Engineer, then said costs and expense will be paid by the City and shall thereafter
be deducted from any amounts due, or which may become due said Contractor. Failure
of the City, however, to take such precautionary measure, shall not relieve the Contractor
of his full responsibility for public safety.
The following subsection shall be added:
5-7.12 STORAGE OF EQUIPMENT AND MATERIALS IN PUBLIC STREETS.
Construction materials shall not be stored in streets, roads, or highways for more than 5
days after unloading. All materials or equipment not installed or used in construction
within 5 days after unloading shall be stored elsewhere by the Contractor at their expense
unless authorized additional storage time.
Construction equipment shall not be stored at the work site before its actual use on the
work or for more than 5 days after it is no longer needed. Time necessary for repair or
assembly of equipment may be authorized by the Engineer.
Excavated material, except that which is to be used as backfill in the adjacent trench,
shall not be stored in public streets unless otherwise permitted. After placing backfill, all
excess material shall be removed immediately from the site.
The storage of materials is not permitted under bridges unless authorized. Authorization
for material storage, temporary or permanent, is dependent upon adhering to setback
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limits and the fire hazard created by the material and associated risk to the integrity of
the bridge.
When authorized, materials stored under bridges must adhere to the following
requirements:
Comply with all current applicable policies, laws, and regulations
for the material being stored, including but not limited to:
o 23 Code of Federal Regulations (CFR) 710.405
o Title 8 Regulations
o Stormwater permits
Appropriate measures must be taken to prevent unauthorized
access to storage areas.
Maintain a minimum setback of 10 feet from the perimeter of any
above ground column footing or pile cap.
Maintain a minimum setback of 20 feet from the face of any bridge
column.
Maintain space to maneuver manlift vehicles under all bridge
spans, hinges, and bent caps. Generally, access must be 12 feet
wide and extend from a public street to the bridge member.
Maintain vertical clearance of at least 6 feet, measured from the
lowest bridge member across the width of the bridge and the top of
any storage material.
Drainage systems must not be obstructed. Maintain a minimum
clearance of 3 feet from all drain outlets near the base of columns.
The foregoing provisions are in addition to and not in limitation of any other rights or
remedies available to the City.
The following subsection shall be added:
SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
6-1.1 CONSTRUCTION SCHEDULE
Add the following paragraphs at the end of this subsection:
Prior to the commencement of construction, arrangements will be made by the City for a
meeting between the Contractor, the Engineer, Utility Representatives, designers and
others as may be involved with the project. The purpose of this meeting is to coordinate
the activities of the Contractor within the limits of this contract, review utility conflicts,
review scheduling, discuss construction methods and clarify inspection procedures, etc.
The Contractor shall submit at this meeting, for approval by the Engineer, the proposed
construction schedule.
The Contractor shall submit Progress Reports to the Engineer by the tenth day of each
month. The report shall include an updated Construction Schedule. Any deviations from
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the original schedule shall be explained. Progress payments will be withheld pending
receipt of any outstanding reports.
A two-week look ahead schedule must be submitted throughout the construction
duration. Any changes in the baseline schedule shall be reflected on the two-week
lookahead and discussed with the City.
6-3 TIME OF COMPLETION
The following subsection shall be added:
6-3.3 Working Day.
The Contractor's working day activities shall be limited to the hours between 7:00 A.M.
and 4:00 P.M., Monday through Friday, excluding recognized City holidays and any City
holiday closure period. See Appendix 1 “City Working Day Calendar”. The working day
shall encompass 8 hours from start to finish, including clean-up and securing the work
site. Deviation from normal working hours will not be allowed without prior consent of the
Engineer. Work near schools or located on major arterials may be subjected to additional
working hour provisions.
In the event work is allowed by the Engineer outside of the normal working hours, at the
request of and for the benefit of the Contractor, inspection service fees may be levied
against the Contractor at the current rate per hour, plus time and one-half and 15%
administration fee, including travel time where applicable, with a minimum hourly charge
for four (4) hours.
The above charge may also be levied if inspection services are deemed necessary by
the Engineer as a matter of public safety or to otherwise insure the quality of the work.
6-6 SUSPENSION OF THE WORK
6-6.1 GENERAL.
Add the following paragraph following paragraph one:
In the event a suspension of work is ordered because of failure on the part of the
Contractor to carry out orders given or to perform any provisions of the work, such
suspension of work shall not relieve the Contractor of his responsibility to complete the
work within the time limit set forth herein and shall not be considered cause for extension
of the time for completion, and further, such suspension of work shall not entitle the
Contractor to any additional compensation.
6-9 LIQUIDATED DAMAGES
The last sentence of paragraph one shall be deleted and replaced with the following:
For each consecutive calendar day in excess of the time specified in Item 3 of the
Contract Agreement, as adjusted in accordance with Subsection 6-4, for completion of
the Work, the Contractor shall pay to the Agency, or have withheld from monies due it,
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the sum of $3,600 unless otherwise provided in the Specifications.
The last paragraph shall be deleted and replaced with the following:
Execution of the Contract shall constitute agreement by the Agency and the Contractor
that $3,600 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. Such sum is
liquidated damages and shall not be construed as a penalty and may be deducted from
payments due the Contractor if such delay occurs.
The following paragraph shall be added at the end of the subsection:
The Engineer will set forth in writing the date of Substantial Completion of the work and
this will be the date which liquidated damages will be computed.
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SECTION 7 – MEASUREMENT AND PAYMENT
7-3 PAYMENT
7-3.1 GENERAL.
The following paragraphs shall be added at the end of the subsection:
Whenever the Contractor is required to perform work or furnish equipment, labor, tools
and materials of any class for which no price is fixed in the Proposal, it shall be
understood that such work, equipment, labor, tools and material shall be provided without
extra charge, allowance, or direct payment of any kind. The cost of performing such work
or furnishing such equipment, labor, tools and materials shall be included in the unit
prices in the proposal and no additional compensation will be made, therefore.
If any portion of the work done or materials furnished under the Contract shall prove
defective or not in accordance with the specifications and contract drawings, and if the
imperfection in the same shall not be of sufficient magnitude or importance to make the
work dangerous or undesirable, the Engineer shall have the right and authority to retain
the work instead of requiring it to be removed and reconstructed, but he shall make such
deductions therefor in the payment due the Contractor as may be just and reasonable.
7-3.2 PARTIAL AND FINAL PAYMENT.
Paragraph two shall be deleted and replaced with the following paragraph:
On the workday following the designated closure date for preparation of progress
estimates, the Contractor shall submit to the Engineer a written progress estimate based
on the Contract Unit Prices or as provided for in Subsection 7-2 of the work that has been
satisfactorily completed. The Engineer will review the estimate and approve it or notify
the Contractor of any exceptions. The Engineer will determine and prepare the partial
and final payments. If the Contractor fails to submit a written progress estimate, the
Engineer will determine the quantity of work performed. No such progress estimate will
be required, nor payment will be made when the total number of working days is twenty-
five (25) or less or when the value of the work totals less than five hundred dollars
($500.00). Progress payment will, when properly completed as specified, be paid within
30 calendar days of submittal, and it is understood that any delay in the preparation,
approval and payment of these demands will not constitute a breach of contract on the
City.
7-3.3 DELIVERED MATERIALS.
The text of this subsection shall be deleted and replaced with the following:
Materials and equipment delivered but not incorporated into the work will not be included
in the estimate for progress payment.
7-3.4 MOBILIZATION
The text of this subsection shall be deleted and replaced with the following:
Mobilization shall consist of all necessary work including but not limited to those
necessary for the movement of personnel, equipment, supplies, securing all
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permits/approvals and licenses, paying all fess, preparatory work and operations, and
incidentals to the project site; for the establishment of all offices, building and other
facilities necessary for the work on this project; and for all other work operations which
must be performed or cost incurred without other pay items on the various contract items
on the project site.
Re-mobilizations from street to street and as needed in all other circumstances by the
Contractor’s operations, work sequencing, revised work sequencing, scheduling, revised
schedules and for all work shall be included in various other pay items. No separate
payment or change orders will be allowed for any re-mobilizations related to additive work
shall be included in the additive work pay items.
Mobilization and Demobilization as necessary by the scope of work shall also include all
costs required by the contract and included in the proposal item. When no such item is
provided, payment for such costs will be considered to be included in the other items of
work.
7-3.5 CONTRACT UNIT PRICES.
7-3.5.1 GENERAL.
Add "Major Bid" between "an" and "item" in the first line of the third paragraph:
The last sentence of the third paragraph shall be deleted and replaced with the following:
Adjustments in excess of 25 percent may be done by extension of Contract Unit Prices
as described above, or pursuant to 7-3.5.2 or 7-3.5.3 as appropriate.
7-3.5.2 INCREASES OF MORE THAN 25 PERCENT.
Add "Major Bid" between "an" and "item" in the first line of the first paragraph.
7-3.5.3 DECREASES OF MORE THAN 25 PERCENT.
Add "Major Bid" between "an" and "item" in the first line of the first paragraph.
7-3.7 AGREED PRICES.
Add the following before the first sentence of the first paragraph:
Agreed Prices are prices for new or unforeseen work, or adjustments in Contract Unit
Prices per 3-5, established by mutual agreement between the Contractor and the Agency.
7-4 PAYMENT FOR EXTRA WORK
7-4.3 MARKUP.
The entire text of the Subsection 7-4.3 shall be deleted and replaced with the following:
(a) Work by Contractor. The following percentages shall be added to the Contractor's
costs and shall constitute the markup for all overhead and profits:
1) Labor ...................................................... 10
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2) Materials ................................................ 05
3) Equipment Rental ................................... 05
4) Other Items and Expenditures ................ 05
To the sum of the costs and markups provided for in this subsection, 1 percent shall be
added as compensation for bonding.
(b) Work by Subcontractor. When all or any part of the extra work is performed by a
Subcontractor, the markup established in 7-4.3(a) shall be applied to the Subcontractor's
actual cost of such work. A markup of 5 percent of the subcontracted portion of the extra
work may be added by the Contractor.
SECTION 8 – FACILITIES FOR AGENCY PERSONNEL
The provisions of this section shall be deleted and replaced with the following:
Field offices for City personnel are not required; however, City personnel shall have the
right to enter upon the project at all times and shall be admitted to the offices and sanitary
facilities provided by the Contractor for use by his own personnel.
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PART 3
CONSTRUCTION METHODS
SECTION 300 – REMOVALS AND EARTHWORK
300-1 CLEARING AND GRUBBING
300-1.1 GENERAL
The following paragraph shall be added at the end of the section:
Clearing and grubbing limits shall extend to any areas of work outside the right-of-way
that are shown on the plans.
300-1.4 PAYMENT.
The following paragraph shall be added after the first paragraph:
When the removal and disposal of materials are listed separately in the bid, payment for
removal and disposal of said materials shall be made at the contract Unit Price as shown
and shall not be included in the Lump Sum Price or the Price Per Acre bid for clearing
and grubbing. Payment shall include full compensation for furnishing all labor, materials,
tools, equipment and incidentals and for doing all work involved in said removal and
disposal.
300-2 UNCLASSIFIED EXCAVATION
300-2.7 SELECTED MATERIAL.
Replace this subsection with the following:
Selected materials encountered in excavations within the project limits that meet the
specifications for base material, trench bedding or backfill, topsoil or other specified
materials shall be used as shown on the Plans, in the Specifications, or as directed by
the Engineer. Topsoil excavated may be considered only for the purpose of backfilling
areas to be planted.
300-2.9 PAYMENT.
Replace the first sentence with the following:
The quantity shown in the Bid Schedule for UNCLASSIFIED EXCAVATION shall be the
final quantity for which payment will be made, as provided in the “Instruction to Bidders”,
Item I, of the specifications. The designation (F) following the Bid Item in the schedule of
Unit Cost and Lump Sum Amounts indicates said final pay quantity and/or costs.
300-3 STRUCTURE EXCAVATION AND BACKFILL
300-3.1 GENERAL.
Add the following paragraph to the end of this subsection:
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When it becomes necessary to excavate beyond the normal lines of excavation in order
to remove boulders, broken concrete, or other interfering objects, or in order to form
sidewalls, all voids created by the removal shall be backfilled and compacted to a
minimum of ninety percent (90%) relative compaction.
300-3.3 FOUNDATION MATERIAL TREATMENT.
Add the following paragraph to the end of this subsection:
When footings without pile foundations for retaining walls or bridges are to be constructed
upon an embankment fill, a relative compaction of not less than 95 percent shall be
obtained for the embankment under the footings within the limits established by inclined
planes sloping 1.5:1 out and down from lines one foot outside the bottom edges of the
footing.
300-3.5 STRUCTURE BACKFILL
Add the following to the second paragraph.
Compaction equipment or methods which may cause excessive displacement or may
damage structures, such as sleeve tampers, shall not be used.
300-4 UNCLASSIFIED FILL
300-4.1 GENERAL.
Add the following at the end of paragraph two:
. . . or in areas to be landscaped.
300-4.10 PAYMENT.
Delete the first sentence of the first paragraph and replace with the following:
The quantity shown in the Proposal for UNCLASSIFIED FILL shall be the final quantity
for which payment will be made, as provided in the “Instruction to Bidders”, Item I, of the
specifications. The designation (F) following the Bid Item in the Schedule of Unit Cost
and Lump Sum Amounts indicates said final pay quantity and/or costs.
Docusign Envelope ID: 722A92AF-84EF-4922-B61B-44CFE7AB20DF
PART 4
EXISTING IMPROVEMENTS
SECTION 400 – PROTECTION AND RESTORATION
400-1 GENERAL
The second paragraph is deleted and replaced with the following paragraphs:
The Contractor shall relocate, repair, replace or reestablish all existing improvements
within the project limits which are not designated for removal (e.g., curbs, sidewalks,
driveways, fences, walls, irrigation systems, signs, utility installations, pavements,
structures, landscaping etc.) which are damaged or removed as a result of his operations
or as required by the Plans and Specifications. Damaged or removed traffic signal
detector loops and or irrigation systems shall be replaced or repaired and returned to
service within 72 hours except as directed by the Engineer.
Where existing traffic striping, pavement markings, and curb markings are damaged or
their reflectivity reduced by the Contractor's operations, such striping or markings shall
also be considered as existing improvements and the Contractor shall repaint or replace
such improvements.
Relocations, repairs, replacements or re-establishments shall be at least equal to the
existing improvements and shall match such improvements in finish and dimensions
unless otherwise specified.
The following paragraph shall be added following the last paragraph:
All costs to the Contractor for protecting, removing, restoring, relocating, repairing,
replacing, or re-establishing existing improvements shall be included in the Bid.
Docusign Envelope ID: 722A92AF-84EF-4922-B61B-44CFE7AB20DF
PART 9
PROJECT TECHNICAL PROVISIONS
SECTION 900 – PLAYGROUND EQUIPMENT AND SURFACING REMOVAL
900-1 SCOPE
The contractor shall remove and dispose the playground equipment, rubber surfacing
and sub-base. The scope of work for the shall include furnishing all materials, labor,
tools, equipment, and all incidentals, and for doing all the work involved in removing and
properly disposing playground equipment, rubber surfacing and sub-base.
900-2 PAYMENT
The contract lump sum price for the Diesel Tank Removal shall be considered full
compensation for obtaining and complying with all necessary permits and proper
removal and disposal, including furnishing all labor, materials, tools, equipment, and all
incidentals, and for doing all the work involved in removing and properly disposing
playground equipment, rubber surfacing and sub-base, and no additional compensation
will be allowed.
SECTION 901 – PLAYGROUND EQUIPMENT AND SURFACING INSTALLATION
901-1 SCOPE
The contractor shall furnish and install the playground equipment, rubber surfacing and
sub-base specified on plans and equipment list. The scope of work for the installation of
the playground equipment and surfacing shall include furnishing all materials, labor,
tools, equipment, and all incidentals, and for doing all the work involved in installing
playground equipment, rubber surfacing and sub-base as shown on the plans and in the
equipment list.
901-2 PAYMENT
The contract lump sum price for furnishing and installing the playground equipment,
rubber surfacing and sub-base shall be considered full compensation for obtaining and
complying with all necessary permits and installation, including furnishing all labor,
materials, tools, equipment, and all incidentals, and for doing all the work involved in the
installation of the playground equipment and surfacing shown on the plans and in the
equipment list.
Docusign Envelope ID: 722A92AF-84EF-4922-B61B-44CFE7AB20DF
APPENDICES
Docusign Envelope ID: 722A92AF-84EF-4922-B61B-44CFE7AB20DF
APPENDIX 1 - CITY
WORKING DAYS
CALENDAR
Docusign Envelope ID: 722A92AF-84EF-4922-B61B-44CFE7AB20DF
1
1 2 3 4 2 3 4 5 6 7 8
1 2 22 23 24 25 26
5 6 7 8 9 10 11 9 10 11 12 13 14 15
3 4 5 6 7 27 28 29 30 31
12 13 14 15 16 17 18 16 17 18 19 20 21 22
8 9 10 11 12 32 33 34 35
19 20 21 22 23 24 25 23 24 25 26 27 28
13 14 15 16 36 37 38 39 40
26 27 28 29 30 31
17 18 19 20 21
1 1 2 3 4 5
62 63 64 65
2 3 4 5 6 7 8 6 7 8 9 10 11 12
41 42 43 44 45 66 66 67 68 69
9 10 11 12 13 14 15 13 14 15 16 17 18 19
46 47 48 49 50 70 71 72 73 74
16 17 18 19 20 21 22 20 21 22 23 24 25 26
51 52 53 54 55 75 76 77 78 79
23 24 25 26 27 28 29 27 28 29 30
56 57 58 59 60 80 81 82
30 31
61
1 2 3 1 2 3 4 5 6 7
83 84 104 105 106 107 108
4 5 6 7 8 9 10 8 9 10 11 12 13 14
85 86 87 88 89 109 110 111 112 113
11 12 13 14 15 16 17 15 16 17 18 19 20 21
90 91 92 93 94 114 115 116 117 118
18 19 20 21 22 23 24 22 23 24 25 26 27 28
95 96 97 98 99 119 120 121 122 123
25 26 27 28 29 30 31 29 30
100 101 102 103 124
Holiday
WORKING DAY CALENDAR FOR 2025
JANUARY FEBRUARY
Sun Mon Tue Wed Thu Fri SatWed
MARCH APRIL
Holiday
Holiday
Thu Fri
SunThu
Sun TueSat Mon
FriWed Sat Fri Sat
MAY JUNE
Mon Tue Wed ThuSun Mon Tue
Sat SunSun Mon Tue Wed Fri SatMon Tue Wed ThuThu Fri
Holiday
CITY OF RANCHO CUCAMONGA
Docusign Envelope ID: 722A92AF-84EF-4922-B61B-44CFE7AB20DF
WORKING DAY CALENDAR FOR 2025
CITY OF RANCHO CUCAMONGA
1 2 3 4 5 1 2
125 126 127 147
6 7 8 9 10 11 12 3 4 5 6 7 8 9
128 129 130 131 132 148 149 150 151 152
13 14 15 16 17 18 19 10 11 12 13 14 15 16
133 134 135 136 137 153 154 155 156 157
20 21 22 23 24 25 26 17 18 19 20 21 22 23
138 139 140 141 142 158 159 160 161 162
27 28 29 30 31 24 25 26 27 28 29 30
143 144 145 146 163 164 165 166 167
31
1 2 3 4 5 6 1 2 3 4
168 169 170 171 189 190 191
7 8 9 10 11 12 13 5 6 7 8 9 10 11
172 173 174 175 176 192 193 194 195 196
14 15 16 17 18 19 20 12 13 14 15 16 17 18
177 178 179 180 181 197 198 199 200 201
21 22 23 24 25 26 27 19 20 21 22 23 24 25
182 183 184 185 186 202 203 204 205 206
28 29 30 26 27 28 29 30 31
187 188 207 208 209 210 211
1 1 2 3 4 5 6
229 230 231 232 233
2 3 4 5 6 7 8 7 8 9 10 11 12 13
212 213 214 215 216 234 235 236 237 238
9 10 11 12 13 14 15 14 15 16 17 18 19 20
217 218 219 220 239 240 241 242 243
16 17 18 19 20 21 22 21 22 23 24 25 26 27
221 222 223 224 225 244 245
23 24 25 26 27 28 29 28 29 30 31
226 227 228
30
Holiday
Holiday
JULY
SEPTEMBER
Mon Tue
Holiday
FriSun
Holiday
closed
closed closed
Tue SunMon
NOVEMBER
Fri SatThuSun Wed
AUGUST
Sun Mon Tue Wed Mon Tue Wed ThuThu Fri Sat FriSun
OCTOBER
FriMon Tue
Fri SatMon Tue Wed Thu
Sat
Sat
DECEMBER
Holiday
Holiday Holiday
Wed Thu
Holiday
SunThu SatWed
Docusign Envelope ID: 722A92AF-84EF-4922-B61B-44CFE7AB20DF
APPENDIX 2 –
LANDSCAPE
STRUCTURES PROPOSAL
Docusign Envelope ID: 722A92AF-84EF-4922-B61B-44CFE7AB20DF
Customer Information
CONTACT:
PHONE
EMAIL:F.O.B.
FREIGHT
SHIP TO:
Maintenance
Kit/Info ?TERMS (Subject To Credit Approval By LSI)
BILL TO:SHIPPING TIME
We are pleased to submit this proposal to supply the following items:
QTY ITEM NO.
1 PKG25-56 357,010.20$
1 Discount (28,560.82)$
1 Labor 3,213.86$
1 Labor 65,973.60$
1 Labor 51,230.52$
1 Labor Installation of Landscape Structures Playground drawing #1196037-02-03 209,701.80$
1 Labor 196,783.09$
1 Bond 26,979.21$
1 INS 5,000.00$
Total Weight 28,860 lbs
ORDER ONLY UPON APPROVAL BY LANDSCAPE STRUCTURES, INC. CUSTOMER SUBTOTAL MATERIAL 328,449.38$
RECEIPT OF AN ORDER ACKNOWLEDGEMENT CONSTITUTES SUCH APPROVAL.BONDS & INSURANCE 31,979.21$
INSTALLATION 526,902.87$
ACCEPTED BY CUSTOMER DATE
FREIGHT 18,500.00$
PRINT NAME
8/12/2025 SALES TAX 25,454.83$
PROPOSED BY LSI REPRESENTATIVE DATE
TOTAL $931,286.29
PRINT NAME
Taxable: Freight Installation
Taylor Smith, Coast Recreation
Contractor's Protective Insurance
Standard Terms and Conditions for Installation Apply
SIGNATURE BELOW ACCEPTING THIS PROPOSAL WILL CONSTITUTE A PURCHASE
Mobility & Security Fencing
Demo & Remove Existing Play Equipment, Rubber Surfacing & Sub-Base
Site Prep: 4" thick Compacted Aggregate for PIP Sub-Base
Material/Install of 6500 SF Surface America Combo thickness (3.5" & 4.5")
100% Color (TBD), Aliphatic binder w/ Stream & Forest Graphics
Performance & Payment Bond
Project Name: Mountain View Park Playground Replacement
DESCRIPTION EXTENDED AMT
Park & Playground Package per Desgin #1196037-02-03
Sourcewell Discount 8%
8794 Lion St.Net 30 days upon credit approv., deposit may be required
Rancho Cucamonga CA 91730
10 to 12 Weeks
City of Rancho Cucamonga
10500 Civic Center Drive Pricing Good for 60 days from Date of ProposalRancho Cucamonga CA 91730
Daniel Akers
(909) 774-4137 Destination
Daniel.Akers@cityofrc.us
City of Rancho Cucamonga
PROPOSAL
Sourcewell Contract No. 010521-LSI
Prepaid Collect
ALL PURCHASE ORDERS, CONTRACTS, AND
CHECKS TO BE MADE OUT TO:
LANDSCAPE STRUCTURES, INC.
601 7TH STREET SOUTH
DELANO, MN 55328 U.S.A.
763-972-3391 800-328-0035
Fax: 763-972-3185
Docusign Envelope ID: 722A92AF-84EF-4922-B61B-44CFE7AB20DF
APPENDIX 3 -
EQIUPMENT LIST
Docusign Envelope ID: 722A92AF-84EF-4922-B61B-44CFE7AB20DF
Color Verification Summary
Mountain View Park
1196037-02-03
Created from Play365 on Wednesday, July 9, 2025 2:12:26 PM Page 1 of 8
Equipment List
PlayBooster (5-12 years)
Direct Bury Aluminum CO: Leaf/Limon/Acorn/Acorn
ProShield® Finish
Posts/Arches: Leaf
Clamps/Ball Connectors: Limon
Play Components: Limon
Polyethylene
Slide Hoods/O-Zone®: Acorn
Slides/Tunnels/Gliders/E-Pods®: Acorn
Permalene®
Primary Permalene: Recycled Acorn w/Black
Secondary Permalene: Recycled Leaf w/Black
Tertiary Permalene: Recycled Acorn w/Black
TenderTuff
Barriers/Ladders/Benches: Brown
Decks/Step Ladders: Brown
Cables
Cables: Tan
Vibe®/SteelX®
Primary Panels: Acorn
Shade
Upper Sails: Tan FR
QTY NO. DESCRIPTION
Freestanding Play
Climbers
3 120711A Pod Climber 16" DB
Play Components: Limon=317
Slides/Tunnels/Gliders/E-Pods®: Acorn=318
Motion & More Fun
1 158105A Wobble Pod DB Only
Play Components: Limon=317
Slides/Tunnels/Gliders/E-Pods®: Acorn=318
Signs
1 182503C Welcome Sign (LSI Provided) Ages 5-12 years Direct Bury
Posts/Arches: Leaf=316
PlayBooster®
Bridges & Ramps
Docusign Envelope ID: 722A92AF-84EF-4922-B61B-44CFE7AB20DF
Color Verification Summary
Mountain View Park
1196037-02-03
Created from Play365 on Wednesday, July 9, 2025 2:12:26 PM Page 2 of 8
QTY NO. DESCRIPTION
1 152443A Grid Walk w/Barriers
Clamps/Ball Connectors: Limon=317
Barriers/Ladders/Benches: Brown=002
Decks/Step Ladders: Brown=002
Climbers Nature-Inspired
1 172666A Corkscrew Climber w/Recycled Wood-Grain Handholds 48"Dk DB
Clamps/Ball Connectors: Limon=317
Play Components: Limon=317
1 169322C 1Discovery Tree Climb w/Aluminum Post w/o Roof DB Only
Posts/Arches: Leaf=316
Clamps/Ball Connectors: Limon=317
1 207584A 1The Den® Rock
Clamps/Ball Connectors: Limon=317
1 169318C Wood Plank Wiggle Ladder 48"Deck w/Recycled Wood-Grain
Handh Wood Plank Wiggle Ladder 48"Deck w/Recycled Wood-
Grain Handholds DB
Clamps/Ball Connectors: Limon=317
1 111812A HEADFORM SET
Climbers W/Permalene Handholds
1 345311A Cliff Climber 48"Dk DB
Clamps/Ball Connectors: Limon=317
Play Components: Limon=317
Primary Permalene: Recycled Acorn w/Black=818
Secondary Permalene: Recycled Leaf w/Black=816
Tertiary Permalene: Recycled Acorn w/Black=818
Decks/Step Ladders: Brown=002
1 148039A Star Seeker DB Only Attached to Hex Deck
Clamps/Ball Connectors: Limon=317
Primary Permalene: Recycled Acorn w/Black=818
Barriers/Ladders/Benches: Brown=002
Cables: Tan=044
1 152907D Deck Link w/Barriers 4 Steps
Clamps/Ball Connectors: Limon=317
Barriers/Ladders/Benches: Brown=002
Decks/Step Ladders: Brown=002
Primary Panels: Acorn=318
Docusign Envelope ID: 722A92AF-84EF-4922-B61B-44CFE7AB20DF
Color Verification Summary
Mountain View Park
1196037-02-03
Created from Play365 on Wednesday, July 9, 2025 2:12:26 PM Page 3 of 8
QTY NO. DESCRIPTION
1 345326A Pod Climber No Handsupports 24"Dk DB Left Mounted Handhold
Clamps/Ball Connectors: Limon=317
Play Components: Limon=317
Slides/Tunnels/Gliders/E-Pods®: Acorn=318
Primary Permalene: Recycled Acorn w/Black=818
1 345326A Pod Climber No Handsupports 24"Dk DB Right Mounted
Handhold
Clamps/Ball Connectors: Limon=317
Play Components: Limon=317
Slides/Tunnels/Gliders/E-Pods®: Acorn=318
Primary Permalene: Recycled Acorn w/Black=818
Custom
1 CP003331 10' PlayOdyssey® Tower with outer posts & supports Modified to
have outer posts without caps for CP000149 corrugated roof DB
Posts/Arches: Leaf=316
Clamps/Ball Connectors: Limon=317
Primary Permalene: Recycled Acorn w/Black=818
Decks/Step Ladders: Brown=002
1 CP000149A DTR PlayOdyssey® Treehouse Corrugated Steel roof Includes post
extensions. Trimming may be required during install.
Posts/Arches: Leaf=316
Barriers/Ladders/Benches: Brown=002
1 CP014465 Seeker climber 72"dk to NetPlex® equal 72i height. Includes 1-
barrier handhold on deck side only. Ground level cables on
NetPlex sides removed.
Clamps/Ball Connectors: Limon=317
Play Components: Limon=317
Primary Permalene: Recycled Acorn w/Black=818
Barriers/Ladders/Benches: Brown=002
Cables: Tan=044
1 CP045314 48" Deck Loop Pole w RPL Handholds 4-1/2"SM Mink and Cedar
boards. Custom
Clamps/Ball Connectors: Limon=317
Play Components: Limon=317
3 CP000108A GFRC DTR Epoxy Branch Barrier . Above Deck
Clamps/Ball Connectors: Limon=317
Docusign Envelope ID: 722A92AF-84EF-4922-B61B-44CFE7AB20DF
Color Verification Summary
Mountain View Park
1196037-02-03
Created from Play365 on Wednesday, July 9, 2025 2:12:26 PM Page 4 of 8
QTY NO. DESCRIPTION
1 CP000483A DTR SkyWays® 30ft dia. 7-Post NetPlex® Shade 105mph wind 5psi
snow, NOTE: A separate freight quote from Dallas Skyways
facility is required for this model. Custom
Posts/Arches: Leaf=316
Upper Sails: Tan FR=496
1 CP000484A DTR NetPlex® 7-Post. Use with 7-Post Shade DB
Decks
1 178710A Hexagon Tenderdeck
Clamps/Ball Connectors: Limon=317
Decks/Step Ladders: Brown=002
4 121948A Kick Plate 8"Rise
Decks/Step Ladders: Brown=002
2 111228A Square Tenderdeck
Clamps/Ball Connectors: Limon=317
Decks/Step Ladders: Brown=002
1 185852A Transfer Step w/2 Handloops DB
Posts/Arches: Leaf=316
Clamps/Ball Connectors: Limon=317
Barriers/Ladders/Benches: Brown=002
Decks/Step Ladders: Brown=002
1 169321A Tree Stump Transfer Module 48"Dk (DB Only)
Posts/Arches: Leaf=316
Clamps/Ball Connectors: Limon=317
Decks/Step Ladders: Brown=002
4 111231A Triangular Tenderdeck
Clamps/Ball Connectors: Limon=317
Decks/Step Ladders: Brown=002
Enclosures
1 120314A Wire Barrier Above Deck
Clamps/Ball Connectors: Limon=317
Barriers/Ladders/Benches: Brown=002
5 169319A Recycled Wood-Grain Lumber Panel
Clamps/Ball Connectors: Limon=317
1 345285A Rain Sound Wheel Panel Above Deck
Clamps/Ball Connectors: Limon=317
Primary Permalene: Recycled Acorn w/Black=818
Secondary Permalene: Recycled Leaf w/Black=816
Docusign Envelope ID: 722A92AF-84EF-4922-B61B-44CFE7AB20DF
Color Verification Summary
Mountain View Park
1196037-02-03
Created from Play365 on Wednesday, July 9, 2025 2:12:26 PM Page 5 of 8
QTY NO. DESCRIPTION
1 115236A Ball Maze Panel Above Deck
Clamps/Ball Connectors: Limon=317
Primary Permalene: Recycled Acorn w/Black=818
1 173565A Xylofun Panel Above Deck
Clamps/Ball Connectors: Limon=317
Primary Permalene: Recycled Acorn w/Black=818
Mainstructures
1 271912A NetPlex® Skyport™ Climber w/Alpine® Slide 7-Post
Posts/Arches: Leaf=316
Clamps/Ball Connectors: Limon=317
Slide Hoods/O-Zone®: Acorn=318
Slides/Tunnels/Gliders/E-Pods®: Acorn=318
Primary Permalene: Recycled Acorn w/Black=818
Decks/Step Ladders: Brown=002
Cables: Tan=044
1 185346A 10' Tower SlideWinder2®
Posts/Arches: Leaf=316
Clamps/Ball Connectors: Limon=317
Slides/Tunnels/Gliders/E-Pods®: Acorn=318
Motion & More Fun
1 120901A Grab Bar
Clamps/Ball Connectors: Limon=317
Barriers/Ladders/Benches: Brown=002
1 111363A Talk Tube At Grade Mounted
Clamps/Ball Connectors: Limon=317
Play Components: Limon=317
1 111362A Talk Tube 40' Tubing Kit PB
Posts
2 111404G 100"Alum Post DB
Posts/Arches: Leaf=316
2 111404F 108"Alum Post DB
Posts/Arches: Leaf=316
2 111404C 132"Alum Post DB
Posts/Arches: Leaf=316
1 111404B 140"Alum Post DB
Posts/Arches: Leaf=316
4 111404A 148"Alum Post DB
Posts/Arches: Leaf=316
Docusign Envelope ID: 722A92AF-84EF-4922-B61B-44CFE7AB20DF
Color Verification Summary
Mountain View Park
1196037-02-03
Created from Play365 on Wednesday, July 9, 2025 2:12:26 PM Page 6 of 8
QTY NO. DESCRIPTION
3 111404M 148"Steel Post DB
Posts/Arches: Leaf=316
1 111404H 92"Alum Post DB
Posts/Arches: Leaf=316
Slides
1 169317B Firepole w/Recycled Wood-Grain Handholds 72"Dk DB
Clamps/Ball Connectors: Limon=317
Play Components: Limon=317
1 130390A 1Double Swoosh™ Slide 72"Dk DB
Posts/Arches: Leaf=316
Clamps/Ball Connectors: Limon=317
Slides/Tunnels/Gliders/E-Pods®: Acorn=318
Smart Play (2-5 years)
Direct Bury Aluminum CO: Leaf/Limon/Acorn/Acorn
ProShield® Finish
Posts/Arches: Leaf
Clamps/Ball Connectors: Limon
Play Components: Limon
Polyethylene
Slides/Tunnels/Gliders/E-Pods®: Acorn
Permalene®
Primary Permalene: Recycled Acorn w/Black
Secondary Permalene: Recycled Leaf w/Black
Tertiary Permalene: Recycled Acorn w/Black
TenderTuff
Decks/Step Ladders: Brown
Swings
Posts: Leaf
Beams: Limon
Clamps: Limon
Molded Bucket Seats: Acorn
Seat Harness: Leaf
Vibe®/SteelX®
Lower Roofs: Acorn
Upper Roofs: Leaf
Primary Panels: Acorn
Shade
Shade Posts: Leaf
Docusign Envelope ID: 722A92AF-84EF-4922-B61B-44CFE7AB20DF
Color Verification Summary
Mountain View Park
1196037-02-03
Created from Play365 on Wednesday, July 9, 2025 2:12:26 PM Page 7 of 8
QTY NO. DESCRIPTION
Freestanding Play
Custom
1 CP025237 AIA DigiFuse® Red Fox Sit-In Spring Rider No Approval required.
Permalene Backer DB
Primary Permalene: Recycled Acorn w/Black=818
1 CP037526 AIA DigiFuse® Black Bear Spring Sit-On Rider Same outline as
standard 233059. DB
Motion & More Fun
1 249558A We-Go-Round™ w/Nature Digifuse Panels And 2 Seats
Posts/Arches: Leaf=316
Play Components: Limon=317
Slides/Tunnels/Gliders/E-Pods®: Acorn=318
Primary Permalene: Recycled Acorn w/Black=818
Signs
1 182503A Welcome Sign (LSI Provided) Ages 2-5 years Direct Bury
Posts/Arches: Leaf=316
Swings
1 177351A Molded Bucket Seat w/Harness ProGuard Chains for 8' Bm Hgt
Molded Bucket Seat w/Harness ProGuard Chains for 8' Beam
Height
Molded Bucket Seats: Acorn=318
Seat Harness: Leaf=316
1 177332A Single Post Swing Frame 8' Height DB Only
Posts: Leaf=316
Beams: Limon=317
Clamps: Limon=317
1 177333A Single Post Swing Frame Add'l Bay 8' Height DB Only Single Post
Swing Frame Additional Bay 8' Height DB Only
Posts: Leaf=316
Beams: Limon=317
Clamps: Limon=317
1 174018A Belt Seat ProGuard Chains for 8' Beam Height
2 176038A Full Bucket Seat ProGuard Chains for 8' Beam Height
Smart Play®
Ages 2-5 Yrs
Docusign Envelope ID: 722A92AF-84EF-4922-B61B-44CFE7AB20DF
Color Verification Summary
Mountain View Park
1196037-02-03
Created from Play365 on Wednesday, July 9, 2025 2:12:26 PM Page 8 of 8
QTY NO. DESCRIPTION
1 CP021770A DTR Sprig Aluminum posts, Steel roof posts, Double Swirl Slide
and Curved Slide, No modifications allowed, Shade is always Pne
Green (120) DB
Posts/Arches: Leaf=316
Clamps/Ball Connectors: Limon=317
Play Components: Limon=317
Slides/Tunnels/Gliders/E-Pods®: Acorn=318
Primary Permalene: Recycled Acorn w/Black=818
Secondary Permalene: Recycled Leaf w/Black=816
Tertiary Permalene: Recycled Acorn w/Black=818
Decks/Step Ladders: Brown=002
Lower Roofs: Acorn=318
Upper Roofs: Leaf=316
Primary Panels: Acorn=318
Shade Posts: Leaf=316
6500 sf
Surface America Playground Surfacing (3.5" & 4.5")
100% Color (TBD), Aliphatic binder w/ Stream & Forest Graphics
4" thick Compacted Aggregate for PIP Sub-Base
Docusign Envelope ID: 722A92AF-84EF-4922-B61B-44CFE7AB20DF
APPENDIX 4 –
PROJECT DRAWING
Docusign Envelope ID: 722A92AF-84EF-4922-B61B-44CFE7AB20DF
DRAWING #:
SYSTEM TYPE:
12
STAR SEEKER
148039
DB ONLY
Docusign Envelope ID: 722A92AF-84EF-4922-B61B-44CFE7AB20DF
APPENDIX 5 –
CONTRACT
AMENDMENT
Docusign Envelope ID: 722A92AF-84EF-4922-B61B-44CFE7AB20DF
Amendment
to the
Contract for Mountain View Park Playground Replacement Project
For adequate considera on, the sufficiency of which is hereby acknowledged, Landscape Structures Inc.
(“Contractor”) and City of Rancho Cucamonga, California (“City”) do hereby agree to amend that certain Contract for
Mountain View Park Playground Replacement Project, as of the date on which it is executed by the City Clerk and the
Mayor of the City (“Agreement”), as set forth in this Amendment (“Amendment”). Unless specifically defined in this
Amendment, all capitalized terms have the meanings assigned to them in the Agreement. This Amendment is
effec ve as of the date on which the Agreement is effec ve.
1. The first sentence of Sec on A(3) of the Agreement is hereby replaced with the following:
The undersigned bidder agrees to complete his por on of the work within 175 working days from the
date specified in the No ce to Proceed, it being understood that the No ce to Proceed will not be
issued un l Contractor has received Approved Submi als and necessary permits from the City.
2. Notwithstanding any provision to the contrary, Contractor’s work does not include any ongoing maintenance
to the equipment or the project site following comple on of Contractor’s work pursuant to the Agreement,
and Contractor has no responsibility (other than promptly responding to warranty claims) or liability for
maintenance at the property following comple on of that work.
3. Notwithstanding any provision to the contrary: (a) Contractor has no obliga ons to provide a chain link fence
or chain link fabric, and (b) City will issue a no-cost permit to Contractor for its work under this Agreement.
4. All other terms and condi ons of the Agreement will remain in effect without change.
5. This Amendment may be (a) executed in any number of counterparts, each of which when so executed is
considered an original, but all of said counterparts taken together shall cons tute one and the same
instrument; and (b) executed and delivered by Adobe Sign or any other means of electronically exchanging
signatures (e.g., executed copies scanned and exchanged by email). Any such electronically exchanged
signatures shall have the same legal effect as original manual signatures.
Docusign Envelope ID: 722A92AF-84EF-4922-B61B-44CFE7AB20DF