HomeMy WebLinkAboutCanyon Loop Improvement Project Specification1293492.1
DEPARTMENT OF PUBLIC WORKS
CITY OF DIAMOND BAR
CALIFORNIA
CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR
CANYON LOOP TRAIL IMPROVEMENT PROJECT
CITY PROJECT NO. FP17500
All Questions Regarding This Project Are to be Submitted in Planet Bids
All Bid Documents Are to be Submitted in Planet Bids
Mr.Ryan Wright
Parks And Recreation Director
City of Diamond Bar
(909) 839-7000
rwright@diamondbarca.gov
Ruth Low Mayor
Andrew Chou, Mayor Pro-Tem
Nancy Lyons, Council Member
Steve Tye, Council Member
Stan Liu, Council Member
Daniel Fox, City Manager
August 5, 2022
1293492.1
1293492.1
CITY OF DIAMOND BAR
CONTRACT DOCUMENTS AND SPECIFICATIONS
CANYON LOOP TRAIL IMPROVEMENT PROJECT
CITY PROJECT NO. FP17500
All bids shall be submitted electronically through the City’s
secure online bidding platform (Planet Bids) no later than
Thursday, September 8, 2022 at 3:00pm.
1293492.1
TABLE OF CONTENTS
ITEMS PAGES
PART I - BIDDING AND CONTRACTUAL DOCUMENTS
NOTICE INVITING SEALED BIDS 1 - 2
INFORMATION FOR BIDDERS 3 - 12
PROPOSAL FORM 13 - 14
BID SCHEDULE 15 - 17
LIST OF SUBCONTRACTORS 18 - 19
DECLARATION OF ELIGIBILITY TO CONTRACT 20 - 21
BIDDER'S VIOLATION OF LAW/SAFETY QUESTIONNAIRE 22
CONTRACTOR INDUSTRIAL SAFETY RECORD 23
AFFIDAVIT FOR CO-PARTNERSHIP FIRM 24
AFFIDAVIT FOR CORPORATION BIDDER 25
AFFIDAVIT FOR INDIVIDUAL BIDDER 26
AFFIDAVIT FOR JOINT VENTURE 27
FAITHFUL PERFORMANCE BOND 28 - 29
LABOR AND MATERIAL BOND 30 - 31
BID BOND 32 - 33
CERTIFICATE OF NON-DISCRIMINATION
AND AFFIRMATIVE ACTION 34
CERTIFICATE WITH REGARD TO THE PERFORMANCE
OF PREVIOUS CONTRACTS AND SUBCONTRACTS 35
NON-COLLUSION AFFIDAVIT 36
CONTRACT AGREEMENT 37-42
PART II - GENERAL PROVISIONS 44 – GP-14
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TABLE OF CONTENTS
(Continued)
PART III- SPECIAL PROVISIONS SP-1 – SP-9
PART IV - TECHNICAL PROVISIONS TP-1 – TP-9
(Plans/Specs)
PART V – ENVIRONMENTAL REPORT ER-1 – ER-45
(Coastal CA Gnatcatcher Avoidance and Minimization Strategy for the
Canyon Loop Trail Improvement Project)
MM-1 – MM-14
(Part II-Mitigation Monitoring and Reporting Program)
1293492.1
PART I
BIDDING AND CONTRACTUAL
DOCUMENTS
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CITY OF DIAMOND BAR
NOTICE INVITING BIDS
FOR
CANYON LOOP TRAIL IMPROVEMENT PROJECT
CITY PROJECT NO. FP17500
BID RESPONSE:
All bids shall be submitted electronically through the City’s
secure online bidding platform (Planet Bids) no later than
Thursday, September 8, 2022 at 3:00pm.
DESCRIPTION OF WORK: The work to be performed or executed under
these plans and specifications consists of and includes Canyon
Loop Trail improvements and other incidental and appurtenant work
necessary for the proper construction of the contemplated
improvements, as indicated on the project plans for CANYON LOOP
TRAIL IMPROVEMENT PROJECT.
COMPLETION OF WORK: All work shall be completed within sixty (60)
working days after the Notice to Proceed is issued by the City.
ENGINEER'S ESTIMATE: The CANYON LOOP TRAIL IMPROVEMENT PROJECT
is estimated to cost $485,500 all in accordance with the provisions
of the Plans, Specifications, Notices and Instructions to Bidders.
OBTAINING CONTRACT DOCUMENTS: Plans and Specifications and all
contract documents may be obtained through the City’s secure bidding
platform, www.PlanetBids.com.
PROPOSAL GUARANTEE: Each proposal must be accompanied by cash or by
a cashier's or certified check or by a bid bond in the amount of ten
percent (10%) of the bid price payable to the City of Diamond Bar as
a guarantee that the bidder, if his proposal is accepted, will
promptly execute the contract, secure payment of Workmen's
Compensation Insurance, furnish a satisfactory Faithful Performance
Bond in the amount of one hundred percent (100%) of the total bid
price, and a Labor and Material Bond in an amount not less than one
hundred percent (100%) of the contract price. Said bonds to be
secured from a surety company authorized to do business in the State
of California, and subject to the approval of the City Attorney.
MINIMUM QUALIFICATIONS OF BIDDERS: Prospective bidders should
examine the minimum qualifications found in number 15 of the
“Information for Bidders” section, pages 4 through 8. Bidders who do
not meet the minimum qualifications should not submit a bid, as the
bids will be considered nonresponsive.
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PREVAILING WAGE RATE: As required by the California Labor Code,
Section 1770 et seq. the City Council of the City of Diamond Bar
incorporates herein by reference the general prevailing rate of per
diem wages as determined by the Director of Industrial Relations of
the State of California. Copies of the prevailing rate of per diem
wages are on file in the office of the City Clerk and will be made
available to any interested party upon request. In accordance with
the Labor Code, no workman employed upon work under this contract
shall be paid less than the above referenced prevailing wage rate.
A copy of said rates shall be posted at each job site during the
course of construction.
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 this AGREEMENT,
by him or by any subcontractor under him.
Any classification omitted herein shall be paid not less than the
prevailing wage scale as established for similar work in the
particular area, and all overtime shall be paid at the prevailing
rates as established for the particular area. Sunday and holiday
time shall be paid at the wage rates determined by the Director of
Industrial Relations.
CONTRACTOR and any of its subcontractors must be registered with the
Department of Industrial Relations pursuant to Labor Code section
1725.5, which precludes the award of a contract for a public work on
any public works project awarded after April 1, 2015. This Agreement
is subject to compliance monitoring and enforcement by the Department
of Industrial Relations.
PAYMENT: Payment will be made to the Contractor in accordance with
the Specifications.
CITY'S RIGHTS RESERVED: The City of Diamond Bar reserves the right
to reject any and all proposals or bids, should it deem this
necessary for the public good, and also the bid of the bidder who
has been delinquent or unfaithful in any former contract with the
City of Diamond Bar. No bidder may withdraw his bid for a period of
thirty (30) days after the date of the bid opening.
BID AWARD: Subject to the reservations noted above, the contract
will be awarded to the lowest responsible bidder.
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INFORMATION FOR BIDDERS
1. PREPARATION OF BID FORM: The City invites bids on the form
attached to be submitted at such time and place as is stated in
the Notice Inviting Sealed Bids. All bids should be made in
accordance with the provisions of the Standard Specifications
for Public Works Construction, Latest Edition (with all
supplements). All blanks on the bid form must be appropriately
filled in. All bids shall be submitted in sealed envelopes
bearing on the outside the name of the bidder, his address, and
the name of the project for which the bid is submitted. It is
the sole responsibility of the bidder to see that the bid is
received in the proper time. Any bid received after the
scheduled closing time for receipt of bids will be returned to
the bidder unopened.
2. PROPOSAL GUARANTEE: Each proposal shall be accompanied by cash
or by a cashier's or certified check or by a bid bond in the
amount of not less than ten percent (10%) of the amount named
in the proposal. Said check or bond shall be made payable to
the City Clerk of the City of Diamond Bar and shall be given as
a guarantee that the bidder, if awarded the work, will enter
into a contract within ten (10) days after written notice of
the award and will furnish the necessary bonds as hereinafter
provided. In case of refusal or failure to enter said contract,
the check or bond, as the case may be, shall be forfeited to
the City. No bidder's bond will be accepted unless it conforms
substantially to the form furnished by the City, which is bound
herein, and is properly filled out and executed.
3. SIGNATURE: The bid must be signed in the name of the bidder
and must bear the signature in longhand of the person or persons
duly authorized to sign the bid on behalf of the bidder.
4. MODIFICATIONS: Changes in or addition to the bid form,
recapitulations of the work bid upon, alternative proposals or
any other modifications of the bid form which is not
specifically called for in the contract documents may result in
the Owner's rejection of the bid as not being responsive to the
invitation to bid. No oral or telephonic modification of any
bid submitted will be considered. The bid submitted must not
contain any erasures, interlineation, or other corrections
unless each such correction is suitably authenticated by
affixing in the margin immediately opposite the correction the
surname or surnames of the person or persons signing the bid.
5. DISCREPANCIES IN THE PROPOSALS: In case of discrepancy between
words and figures, the words shall prevail. If the amounts bid
on individual items (if called for) do not in fact add to the
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total amount shown by the bidder, the correctly added total of
the individual items shall prevail over the total figure shown.
The estimated quantities and amounts are for the purpose of
comparison of bids only. The City Council of the City of
Diamond Bar reserves the right to reject any or all bids and to
waive any irregularity or informality in any bid to the extent
permitted by law.
6. BIDDER'S EXAMINATION OF SITE: Each bidder shall examine
carefully the site of the proposed work and the contract
documents therefore. It will be assumed that the bidder has
investigated and is satisfied as to the conditions to be
encountered as to the character, quality, and quantity of
materials to be furnished, and as to the requirements of the
contract, specifications and drawings. The name of the
individual who examined the site of the work and the date of
such examination shall be stated in the proposal.
By submitting a bid, the bidder will be held to have personally
examined the site and the drawings, to have carefully read the
specifications, and to have satisfied himself as to his ability
to meet all the difficulties attending the execution of the
proposed contract before the delivery of his proposal, and
agrees that if he is awarded the contract, he will make no claim
against the City of Diamond Bar based on ignorance or
misunderstanding of the contract provisions.
7. WITHDRAWAL OF BIDS: Any bidder may withdraw his bid either
personally, by written request, or by telegraphic request
confirmed in the manner specified above at any time prior to
the scheduled closing time for receipt of bids.
8. INSURANCE AND BONDS: The Contractor shall not commence work
under this contract until he has secured all insurance and bonds
required under this section nor shall he allow any subcontractor
to commence work on this subcontract until all similar insurance
issued in compliance with this section shall be issued in the
form, and be an insurer of the insurers, satisfactory to and
first approved by the City in writing. Certificates of
Insurance in the amounts required shall be furnished by the
Contractor to the City prior to the commencement of work.
The Contractor shall maintain adequate Workmen's Compensation
Insurance under the laws of the State of California for all
labor employed by him or by any subcontractor under him who may
come within the protection of such Workmen's Compensation
Insurance laws.
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The Contractor shall maintain public liability insurance to
protect said Contractor and the City against loss from liability
imposed by law, for damages on account of bodily injury,
including death resulting therefrom, suffered or alleged to
have been suffered by any person or persons, other than
employees, resulting directly or indirectly from the
performance or execution of this contract or any subcontract
thereunder, and also to protect said Contractor and the City
against loss from liability imposed by law, for damage to any
property. Damage insurance shall be maintained by the
Contractor in full force and effect during the entire period of
performance under this contract, in the amount of not less than
$2,000,000 for one person injured in the accident and in the
amount of not less than $2,000,000 for more than one person
injured in one accident and in the amount of not less than
$1,000,000 with respect to any property damage aforesaid.
The Contractor shall secure with a responsible corporate
surety, or corporate sureties, satisfactory bonds conditioned
upon faithful performance by the Contractor of all requirements
under the contract and upon the payment of claims of materials,
men and laborers thereunder. The Faithful Performance Bond
shall be in the sum of not less than one hundred percent (100%)
of the estimated aggregate amount of the payment to be made
under the contract computed on the basis of the prices stated
in the proposal. The Labor and Material Bond shall be in the
sum of not less than one hundred percent (100%) of the estimated
aggregate amount of the payments to be made under the contract
computed on the basis of the prices stated in the proposal.
9. INTERPRETATION OF PLANS AND DOCUMENTS: If any person
contemplating submitting a bid for proposed contract is in doubt
as to the true meaning of any part of the drawings,
specifications, or other contract documents, or finds
discrepancies in, or omissions from the drawings and
specifications, he may submit to the City a written request for
an interpretation or correction thereof. The person submitting
the request will be responsible for its prompt delivery. Any
interpretation or correction of the contract documents will be
made only by Addendum duly issued and a copy of such addendum
will be mailed or delivered to each person receiving a set of
the contract document. No person is authorized to make any
oral interpretation of any provision in the contract documents
to any bidder, and no bidder is authorized to rely on any such
unauthorized oral interpretation.
10. DISQUALIFICATION OF BIDDERS: More than one proposal from an
individual, firm partnership, corporation, or association under
the same or different names, will not be considered. Reasonable
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grounds for believing that any bidder is interested in more
than one proposal for the work contemplated will cause the
rejection of all proposals in which such bidder is interested.
If there is reason for believing that collusion exists among
the bidders, all bids will be rejected and none of the
participants in such collusion will be considered in future
proposals.
No award will be made to any bidder who cannot give satisfactory
assurance as to his ability to carry out the Contract, both
from his financial rating and by reason of his previous
experience as a Contractor on work of the nature contemplated
in the Contract. The bidder may be required to submit his
record of work of similar nature to that proposed under these
specifications, and unfamiliarity with the type of work may be
sufficient cause for rejection of the bid.
11. INELIGIBLE SUBCONTRACTORS: The successful bidder shall be
prohibited from performing work on this project with a
subcontractor who is ineligible to perform work on the project
pursuant to Section 1777.1 or 1777.7 of the Labor Code.
12. AWARD OF CONTRACT: No proposal will be considered from a
Contractor who is not licensed as a Class A contractor at time
of award 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
or to whom a proposal form has not been issued by the City of
Diamond Bar. The City may award the Contract to the lowest
responsible bidder on the total base bid. Bids will be compared
on the basis of the lowest possible cost relative to the
alternate or alternates selected and the Contract, if awarded,
will be awarded to a responsible bidder whose proposal complies
with the requirements of these specifications. The award, if
made, will be made within ninety (90) calendar days after the
opening of the proposals; provided that the award may be made
after said period of the successful bidder shall not have given
the City written notice of the withdrawal of his bid.
A contractor or subcontractor shall not be qualified to bid on,
be listed in a bid proposal, subject to the requirements of
Public Contract Code §4104, or engage in the performance of any
contract for public work, as defined in the Public Contract
Code, unless currently registered and qualified to perform
public work pursuant to Section 1725.5. It is not a violation
of Labor Code §1771.1 for an unregistered contractor to submit
a bid that is authorized by Business and Professions Code §
7029.1 or by Public Contract Code §§ 10164 and 20103.5, provided
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the contractor is registered to perform public work pursuant to
Labor Code § 1725.5 at the time the contract is awarded.
This project is subject to compliance monitoring and
enforcement by the Department of Industrial Relations.
The prime contractor is required to post job sits as prescribed
by regulation pursuant to Labor Code § 1771.4 and all
contractors must secure the payment of compensation to its
employees pursuant to Labor Code § 1869.
13. ALTERNATES: If alternate bids are called for, the Contract may
be awarded at the election of the governing board to the lowest
responsible bidder on the base bid, or on the base bid and any
specified alternate(s).
14. COMPETENCY OF BIDDERS: In selecting the lowest responsible
bidder, consideration will be given not only to the financial
standing but also to the general competency of the bidder
including qualifications, references, proper licensing,
adequate workforce and experience for the performance of the
work covered by the proposal.
15. QUALIFICATION OF BIDDERS: Each bidder shall be skilled and
regularly engaged in the general class or type of work called
for under the contract. A statement setting forth his/her
experience shall be submitted by each bidder on the EXPERIENCE
STATEMENT form provided.
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EXPERIENCE STATEMENT
To be responsive, the bidder must list below a minimum of three public
agencies for which bidder has performed similar work within the past five
years. Only projects in excess of $300,000 each qualify as similar for
this project.
1. Project Title
Contract Amount
Type of Work
Client
Agency Project Manager Phone
Date Completed % Subcontracted
2. Project Title
Contract Amount
Type of Work
Client
Agency Project Manager Phone
Date Completed % Subcontracted
3. Project Title
Contract Amount
Type of Work
Client
Agency Project Manager Phone
Date Completed % Subcontracted
NOTE: If requested by the City, the bidder shall furnish a certified
financial statement, references, and other information sufficiently
comprehensive to permit an appraisal of his current financial condition.
Bidder's Signature
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Each bidder shall possess a valid Contractor's License
issued by the Contractor's State License Board at the time
his/her bid is submitted. The class of license shall be
applicable to the work specified in the contract. Each
bidder shall also have no less than five (5) years of
experience in the magnitude and character of the work bid.
Bidder Qualifications called for to be submitted at time
of bid include, but are not necessarily limited to:
1. The Contractor shall have been in business under the
same name and California Contractors License for a minimum
of five (5) continuous years prior to the bid opening date
for this Project. The license used to satisfy this
requirement shall be of same type required by the contract.
2. License classification shall be as required by the
contract specifications.
3. The Contractor shall have five (5) years of experience
in the application of Polymer Modified Asphaltic Emulsion
Chip Seal.
4. The Contractor shall perform at least 50% of contract
with its own forces.
16. LISTING SUBCONTRACTORS: Each bidder shall submit a list of the
proposed subcontractors on this project as required by the
Subletting and Subcontracting Fair Practices Act (Government
Code Section 4100 and following). Forms for this purpose are
furnished with the contract documents. The name and location
of business of any subcontractor who will perform work exceeding
1/2 of 1% of the prime contractor's total bid or ten thousand
dollars ($10,000.00), whichever is greater, must be submitted
with the bid. Any other information regarding the foregoing
subcontractors that is required by City to be submitted may be
submitted with the bid, or may be submitted to City up to 24
hours after the deadline established herein for receipt of bids.
The additional information must be submitted by the bidder to
the same address and in the same form applicable to the initial
submission of bid.
17. WORKER'S COMPENSATION: In accordance with the provisions of
Section 3700 of the Labor Code, the Contractor shall secure the
payment of compensation to his employees. The Contractor shall
sign and file with the City the following certificate prior to
performing the work under this contract: "I am aware of the
provisions of Section 3700 of the Labor Code which require
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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." The form of such certificate is included as
part of the contract documents.
18. BID DEPOSIT RETURN: Deposits of three or more low bidders, the
number being at the discretion of the City, will be held for
ninety (90) days or until posting by the successful bidder of
the Bonds required and return of executed copies of the
Agreement, whichever first occurs, at which time the deposits
will be returned after consideration of the bids.
19. EXECUTION OF CONTRACT: The bidder to whom award is made shall
execute a written contract with the City on the agreement form
provided, and shall secure all insurance and bonds as herein
provided within ten (10) days from the date of written notice
of the award. Failure or refusal to enter into a contract as
herein provided, or to conform to any of the stipulated
requirements in connection therewith shall be just cause for
the annulment of the award and the forfeiture of the proposal
guarantee.
If the successful bidder refuses or fails to execute the
Contract, the City may award the Contract to the next lowest
responsible bidder or re-advertise. On the failure or refusal
of the lowest responsible bidder or next lowest responsible
bidder to execute the Contract, such bidder's guarantees shall
be likewise forfeited to the City.
20. "OR EQUAL": Pursuant to Division 5, Chapter 4, Article 4
(commencing at #4380) Government Code, all specifications shall
be deemed to include the words "or equal", provided however
that permissible exceptions hereto shall be specifically noted
in the specifications.
21. EMPLOYMENT OF APPRENTICES: The Contractor, and all
subcontractors, shall comply with the provisions in Sections
1777.5, (Chapter 1411, Statutes of 1968), and 1777.6 of the
California Labor Code concerning the employment of apprentices.
The Contractor and any subcontractor under him shall comply
with the requirements of said sections in the employment of
apprentices; however, the Contractor shall have full
responsibility for compliance with said Labor Code section, for
all apprenticeable occupations, regardless of any other
contractual or employment relationships alleged to exist. In
addition to the above State Labor Code Requirements regarding
the employment of apprentices and trainees, the Contractor and
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all subcontractors shall comply with Section 5 a. 3, Title 29
of the Code of Federal Regulations (29CFR).
22. EVIDENCE OF RESPONSIBILITY: Upon the request of the City, a
bidder whose bid is under consideration for the award of the
Contract shall submit promptly to the City satisfactory
evidence showing the bidder's financial resources, his
construction experience, and his organization and plant
facilities available for the performance of the contract.
23. WAGE RATES: The Contractor and/or subcontractor shall pay wages
as indicated in the "Notice Inviting Sealed Bids" section of
these specifications. The Contractor shall forfeit as penalty
to the City of Diamond Bar, two hundred dollars ($200.00) for
laborers, workmen, or mechanics employed for each calendar day,
or portion thereof, if such laborer, workman or mechanic
employed is paid less than the general prevailing rate of wages
herein referred to and stipulated for any work done under the
proposed contract, by him, or by any subcontractor under him,
in violation of the provisions of Labor Code, and in particular,
Sections 1770 to 1781 inclusive. Copies of all collective
bargaining agreements relating to the work as set forth in the
aforementioned Labor Code are on file with the Department of
Industrial Relations, Division of Labor Statistics and
Research.
24. PERMITS, FEES AND LICENSES: The Contractor shall possess a
valid business license prior to the issuance of the first
payment made under this Contract. Any work required within
Caltrans right-of-way will require a separate permit to be
obtained by the Contractor.
25. TIME OF COMPLETION AND LIQUIDATED DAMAGES: Bidder must agree
to commence work on or before the date of written "Notice to
Proceed" of the City and to fully complete the project within
sixty(60)working days thereafter. Bidder must agree also to
pay as liquidated damages, the sum of one thousand dollars
($1,000.00) for each calendar day thereafter.
26. CLAIMS FILING AND PROCESSING: The City and Bidder agree to
attempt to orally resolve any disputes which may give rise to
a claim (hereafter, "Claim") that falls within the definition
of Public Contract Code section 9204 (hereafter, "Section
9204"). If these efforts are unsuccessful, the City and Bidder
shall process the Claim in accordance with Section 9204. In
summary, if the Bidder decides to submit a Claim to the City,
it shall be sent by registered or certified mail, return receipt
requested, together with reasonable documentation to support
the Claim. A Claim may include a Claim by a subcontractor or
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a lower tier subcontractor meeting the requirements of Section
9204(d)(5). Within 45 days of receipt of the Claim, or any
extension thereof agreed upon by the City and the Bidder, the
City will conduct a reasonable review of the Claim and provide
the Bidder with a written statement identifying what portion of
the Claim is disputed and what portion is undisputed. Payment
of any undisputed portion of the Claim shall be made within 60
days after the City issues its written statement. If the City
does not provide a written statement within the time specified,
the Claim shall be deemed rejected.
If the Bidder disputes the City's written statement or if the
Claim is deemed rejected, the Bidder may demand in writing by
registered or certified mail to the City, return receipt
requested, an informal conference to meet and confer in an
effort to settle the disputed portion of any Claim. Within 30
days of receipt of such written demand, the City shall schedule
a meet and confer conference.
If any portion of the Claim remains in dispute after the
conference, the City shall, within 10 City business days of the
conclusion of the conference, provide the Bidder with a written
statement identifying any portion that remains in dispute and
any portion that is undisputed. Payment of any undisputed
portion shall be made within 60 days after the City issues its
written statement. Any remaining disputed portion shall be
submitted to nonbinding mediation in accordance with Section
9204(c)(2)(B), unless the Bidder and City waive the mediation
upon mutual written agreement.
27. CONFLICT OF INTEREST: In the procurement of supplies,
equipment, construction and services by sub-recipients, the
conflict-of-interest provisions in (State LCA-24 CFR 85.36 and
Non-Profit Organizations – 24 CFR 84.4), OMB Circular A-110,
and 24 CFR 570.611, respectively, shall apply. No employee,
officer or agent of the sub-recipient shall participate in
selection or in award of administration of a contract supported
by Federal funds if a conflict of interest, real or apparent,
would be involved.
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BIDDER'S PROPOSAL
CITY OF DIAMOND BAR
CANYON LOOP TRAIL IMPROVEMENT PROJECT
CITY PROJECT NO. FP17500
Date , 20
To the City Council of the City of Diamond Bar:
The Undersigned hereby declares:
(a) That the only persons or parties interested in this proposal as
principals are the following:
(If the bidder is a corporation, give the name of the corporation
and the name of its president, secretary, treasurer, and manager.
If a co-partnership, give the name, under which the co-partnership
does business, and the names and addresses of all co-partners. If
an individual, state the name under which the contract is to be
drawn.)
(b) That this proposal is made without collusion with any person, firm
or corporation.
(c) That he has carefully examined the location of the proposed work
and has familiarized himself with all of the physical and climatic
conditions, and makes this bid solely upon his own knowledge.
(d) That by submitting this Bidder's Proposal, he acknowledges receipt
and knowledge of the contents of those communications sent by the
City of Diamond Bar to him at the address furnished by him to the
City of Diamond Bar when this proposal form was obtained.
(e) That he has carefully examined the specifications, both general
and detail, and the drawings attached hereto, and communications
sent to him as aforesaid, and makes this proposal in accordance
therewith.
(f) That, if this bid is accepted he will enter into a written contract
for the performance of the proposed work with the City of Diamond
Bar.
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(g) That he proposes to enter into such Contract and to accept in full
payment for the work actually done thereunder the prices shown in
the attached schedule. It is understood and agreed that the
quantities set forth are estimates and that the unit prices will
apply to the actual quantities whatever they may be.
Accompanying this proposal is a certified or cashier's check or
bidder's bond, payable to the order of the City of Diamond Bar in
the sum of
DOLLARS ($ ).
Said bidder's bond has been duly executed by the undersigned bidder and
by a financially sound surety company authorized to transact business
in this state.
It is understood and agreed that should the bidder fail within ten
(10) days after award of contract to enter into the contract and furnish
acceptable surety bonds, then the proceeds of said check, or bidder's
bond, shall become the property of the City of Diamond Bar; but if this
Contract is entered into and said bonds are furnished, or if the bid is
not accepted then said check shall be returned to the undersigned, or
the bidder will be released from the bidder's bond.
Address of Bidder Telephone of Bidder
City Zip Code Signature of Bidder
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BID SCHEDULE
CITY OF DIAMOND BAR
CONTRACT DOCUMENTS AND SPECIFICATIONS
CANYON LOOP TRAIL IMPROVEMENT PROJECT
CITY PROJECT NO. FP17500
ITEM
NO.
ESTIMATED
QUANTITY
UNIT
DESCRIPTION
WRITTEN IN WORDS
UNIT
PRICE
AMOUNT
1
1 LS Mobilization (Not to Exceed 5% of Bid)
2
1 LS
Best Management Practice / Storm Water
Pollution Control
3
1 LS Construction Survey
4
40 LF
Remove & Dispose of Existing Post & Rail
Fencing
5
1 LS
Transportation of All Construction Materials to
Project Site
6
1,891 LF
Clear/ Grub & Improve Trail Improvements to
5' Width
7
385 CY
Grading & Earthwork (Rough Grade, Over-
Excavation)
8
250 CY Handling of Excess Earthwork & Spreading
9
153 LF Construct Timber Steps
10
12 LF Provide & Install 6X8 Wood Retaining Edging
11
19 EA Construct Trail Water Diverter
12
571 LF Construct Cobble Swale
13
40 SF Construct Velocity Reducer
14
1 LS Construct Gabion Retaining Wall #1
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15
1 LS Construct Gabion Retaining Wall #2
16
1 LS Construct Gabion Retaining Wall #3
17
1 LS Construct Gabion Retaining Wall #4
18
110 LF Provide & Install Steel Post/Wood Rail Fence
19
3 EA Provide & Install Metal Shelter Structures
20
3 EA Provide & Install Recycled Plastic Benches
21
3 EA Provide & Install Trail Educational Signs
22
3 EA Provide & Install Trail Marker Signs
23
4,000 SF
Provide & Install Basic Native Erosion Control
Mix
MANDATORY BID SCHEDULE ITEMS:
TOTAL AMOUNT BID (IN FIGURES)
TOTAL AMOUNT BID, SCHEDULE (WRITTEN IN WORDS):
Bid Schedule Note: Bid Price indicated refers to all items illustrated
on the plans and details, and delineated within the specifications
installed and completely in place with all applicable portions of the
construction documents and include all costs connected with such items
including, but to necessarily limited to, materials, transportation,
taxes, insurance, labor, overhead, and profit, for General Contractor
and Subcontractors.
All work called for on the construction documents are to provide a
completed project with all systems operating properly and ready for
use.
Award will be based on the items of Bid Schedule. Therefore, Contractor
shall completely fill out Bid Schedule.
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1293492.1
Accompanying this proposal is
(Insert "$ cash",
"cashier's check", "certified check", or "bidder's bond" as
the case may be) in the amount equal to at least ten percent
(10%) of the total bid.
The undersigned further agrees that in case of default in
executing the required contract, with necessary bond, within
ten (10) days, not including Sundays and legal holidays, after
having received notice that the Contract has been awarded and
ready for signature, the proceeds of the security
accompanying his bid shall become the property of the City of
Diamond Bar, and this proposal and the acceptance thereof may
be considered null and void.
NAME OF BIDDER (PRINT) SIGNATURE DATE
ADDRESS
CITY ZIP CODE TELEPHONE
STATE CONTRACTOR LICENSE NO. AND CLASSIFICATION
I declare under penalty of Perjury of the laws of the State of California
that the representations made herein are true and correct in accordance
with the requirements of California Business and Professional Code
Section 7028.15.
CONTRACTOR SIGNATURE OR AUTHORIZED OFFICER
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LIST OF SUBCONTRACTORS *
BID OPENING DATE September 8, 2002 at 3:00pm
PROJECT CANYON LOOP TRAIL IMPROVEMENT PROJECT
PROJECT NO. FP17500
LOCATION
CLIENT
CONTRACTOR
Name Under
Which
Subcontractor
is
Licensed
License
No.
Address
of
Office, Mail,
or
Shop
Percent
of
Total
Contract
Specific
Description
of
Subcontract
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* In compliance with the provisions of the Public Contract Code
Section 4104, the undersigned bidder herewith sets forth the name,
location of the place of business, and California contractor
license of each Subcontractor – who will perform work or labor or
render service to the Prime Contractor, specially fabricates and
installs a portion of the work or improvement necessary to complete
construction contained in the plans and specifications, in an
amount in excess of one-half (1/2) of one percent (1%) of the
General Contractor’s total base bid amount or, in the case of bids
or offers for the construction of streets or highways, including
bridges in excess of one-half of 1 percent (0.5%)of the Prime
Contractor’s total base bid or ten thousand ($10,000.00),
whichever is greater, and the portion of the work which will be
done by each Subcontractor.
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DECLARATION OF ELIGIBILITY TO CONTRACT
[Labor Code Section 1777.1; Public Contract Code Section 6109]
The undersigned, a duly authorized representative of the contractor,
certifies and declares that:
1. The contractor is aware of Sections 1777.1 and 1777.7 of the
California Labor Code, which prohibit a contractor or
subcontractor who has been found by the Labor Commissioner or the
Director of Industrial Relations to be in violation of certain
provisions of the Labor Code, from bidding on, being awarded, or
performing work as a subcontractor on a public works project for
specified periods of time.
2. The contractor is not ineligible to bid on, be awarded or perform
work as a subcontractor on a public works project by virtue of the
foregoing provisions of Sections 1777.1 or 1777.7 of the California
Labor Code or another provision of law.
3. The contractor is aware of California Public Contract Code Section
6109, which states:
(a) A public entity, as defined in Section 1100 [of the
Public Contract Code], may not permit a contractor or
subcontractor who is ineligible to bid or work on, or be
awarded, a public works project pursuant to Section 1777.1 or
1777.7 of the Labor Code to bid on, be awarded, or perform
work as a subcontractor on, a public works project. Every
public works project shall contain a provision prohibiting a
contractor from performing work on a public works project
with a subcontractor who is ineligible to perform work on the
public works project pursuant to Section 1777.1 or 1777.7 of
the Labor Code.
(b) Any contract on a public works project entered into
between a contractor and a debarred subcontractor is void as
a matter of law. A debarred subcontractor may not receive
any public money for performing work as a subcontractor on a
public works contract, and any public money that may have
been paid to a debarred subcontractor by a contractor on the
project shall be returned to the awarding body. The
contractor shall be responsible for the payment of wages to
workers of a debarred subcontractor who has been allowed to
work on the project.
4. The contractor has investigated the eligibility of each and every
subcontractor the contractor intends to use on this public works
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project, and determined that none of them is ineligible to perform
work as a subcontractor on a public works project by virtue of the
foregoing provisions of the Public Contract Code Sections 1777.1
or 1777.7 of the Labor Code, or any other provision of law.
I declare under penalty of perjury under the laws of the State of
California that the foregoing is true and correct. Executed this day
of ________________, 201_, at ___________________ (place of execution).
Signature
Name:
Title:
Name of Contractor:
_____________________________
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BIDDER'S VIOLATION OF LAW/SAFETY QUESTIONNAIRE
In accordance with Government Code Section 14310.5 and in conformance
with Public Contract Code Section 10162, the Bidder shall complete,
under penalty of perjury, the following questionnaire:
QUESTIONNAIRE
Has the Bidder, any officer, principal or employee of the Bidder who
has a proprietary interest in the business of the Bidder, ever been
disqualified, removed, or otherwise prevented from bidding on or
completing a federal, state or local government project because of
violation of law or a safety regulation?
YES NO
If the answer is yes, explain the circumstances in the following space:
STATEMENT
In conformance with Public Contract Code Section 10232, the Contractor,
hereby states under penalty of perjury, that no more than on final
unappealable finding of contempt of court by a federal court has been
issued against the Contractor within the immediately preceding two-year
period because of the Contractor’s failure to comply with an order of
a federal court which orders the Contractor to comply with an order of
the National Labor Relations Board.
NOTE: The above Statement and Questionnaire are part of the
Proposal. Signing this Proposal on the signature portion
thereof shall also constitute signature of this Statement and
Questionnaire.
Bidders are cautioned that making a false certification may
subject the certifier to criminal prosecution.
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CONTRACTOR'S INDUSTRIAL SAFETY RECORD
Project Identification
Bid Date
This information must include all construction work undertaken in the
State of California by the bidder and any partnership, joint venture or
corporation that any principal of the bidder participated in as a
principal or owner for the last five calendar years and the current
calendar year prior to the date of bid submittal. Separate information
shall be submitted for each particular partnership, joint venture,
corporation or individual bidder. The bidder may attach any additional
information or explanation of data, which he would like, taken into
consideration in evaluating the safety record. An explanation must be
attached of the circumstances surrounding any and all fatalities.
ITEM 5 CALENDAR YEARS
PRIOR TO CURRENT YEAR
CURRENT
YEAR
2017 2018 2019 2020 2021 TOTAL
No. of Contracts
Total dollar amount of
contracts (in 1,000’s)
No. of lost workday
cases
No. of lost work day
cases
involving permanent
transfer to
another job or
termination of
employment
No. of lost workdays
*The information required for this item is the same as required for
columns 3 to 6, Code 10, Occupational Injuries, Summary - Occupational
Injuries and Illnesses, OSHA No. 102.
The above information was compiled from the records that are available
to me at this time and I declare under penalty of perjury that the
information is true and accurate within the limitations of these
records.
______________________________ ________________________________
Name of Bidder (Print Signature
______________________________ ________________________________
Address State Contractor’s Lic. No. & Class
______________________________ ________________________________
City Zip Code Telephone
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AFFIDAVIT FOR CO-PARTNERSHIP FIRM
STATE OF CALIFORNIA )
)SS
COUNTY OF LOS ANGELES )
, being first duly
sworn, deposes and says:
That he is a member of the co-partnership firm designated as
which is the party making the foregoing proposal or bid; that such bid
is genuine and not collusive or sham; that said bidder has not colluded,
conspired, connived or agreed, directly or indirectly, with any other
bidder or person to put in a sham bid or that such other person shall
refrain from bidding; and has not in any manner sought by collusion to
secure any advantage against the City of Diamond Bar or any person
interested in the proposed contract, for himself or for any other
person.
That he has been and is duly vested with authority to make and sign
instruments for the co-partnership by
who constitute the other members of the co-partnership.
Signature
Subscribed and sworn
to before me this
day of , 20
Signature of Officer Administering Oath
(Notary Public)
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AFFIDAVIT FOR CORPORATION BIDDER
STATE OF CALIFORNIA )
)SS
COUNTY OF LOS ANGELES )
, being first
duly sworn, deposes and says:
That he is
of,
a corporation which is the party making the foregoing proposal or bid;
that such bid is genuine and not collusive or sham; that said bidder
has not colluded, conspired, connived or agreed, directly or indirectly,
with any other bidder or person to put in a sham bid or that such other
person shall refrain from bidding; and has not in any manner sought by
collusion to secure any advantage against the City of Diamond Bar or
any person interested in the proposed contract, for himself or for any
other person.
Signature
Subscribed and sworn
to before me this
day of , 20
Signature of Officer Administering Oath
(Notary Public)
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AFFIDAVIT FOR INDIVIDUAL BIDDER
STATE OF CALIFORNIA )
)SS
COUNTY OF LOS ANGELES )
, being first
duly sworn, deposes and says:
That he is the party making the foregoing proposal or bid; that
such bid is genuine and not collusive or sham; that said bidder has not
colluded, conspired, connived or agreed, directly or indirectly, with
any other bidder or person to put in a sham bid or that such other
person shall refrain from bidding; and has not in any manner sought by
collusion to secure any advantage against the City of Diamond Bar or
any person interested in the proposed contract, for himself or for any
other person.
Signature
Subscribed and sworn
to before me this
day of , 20
Signature of Officer Administering Oath
(Notary Public)
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AFFIDAVIT FOR JOINT VENTURE
STATE OF CALIFORNIA )
)SS
COUNTY OF LOS ANGELES )
, being first
duly sworn, deposes and says:
That he
of,
one of the parties submitting the foregoing bid as a joint venture and
that he has been and is duly vested with the authority to make and sign
instruments for and on behalf of the parties making said bid who are:
;
that such bid is genuine and not collusive or sham; that said bidder
has not colluded, conspired, connived or agreed, directly or indirectly,
with any other bidder or person to put in a sham bid or that such other
person shall refrain from bidding; and has not in any manner sought by
collusion to secure any advantage against the City of Diamond Bar or
any person interested in the proposed contract, for himself or for any
other person.
Signature
Subscribed and sworn
to before me this
day of , 20
Signature of Officer Administering Oath
(Notary Public)
BOND No.________________
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FAITHFUL PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that, WHEREAS the City of Diamond
Bar ("City"), has awarded to
(Name and address of Contractor)
("Principal"), a contract (the "Contract") for the work described as
follows:
WHEREAS, Principal is required under the terms of the Contract to
furnish a bond for the faithful performance of the Contract.
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
Dollars ($______________), this amount being not less than 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, shall in all things stand to and abide by, and
covenants, conditions and agreements in the Contract and any alteration
thereof made as therein provided, on the Principal's part to be kept
and performed, all within the time and in the manner therein specified,
and in all respects according to their true intent and meaning, and
shall indemnify and hold harmless City, its officers, agents, and others
as therein provided, then this obligation shall become null and void;
otherwise, it shall be and remain in full force and effect.
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1293492.1
In case 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 §§ 2845 and 2849. The City is the principal beneficiary of this
bond and has rights of a party hereto.
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.
Dated:__________________
"Principal" "Surety"
______________________________ _______________________________
______________________________ _______________________________
By:___________________________ By:____________________________
Its Its
By:___________________________ By:____________________________
Its Its
Note: This bond must be dated, all signatures must be notarized, and
evidence of the authority of any person signing as attorney-in-
fact must be attached.
(Seal) (Seal)
APPROVED AS TO SURETY AND
PRINCIPAL AMOUNT
By:___________________________
Insurance Administrator
BOND No.________________
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PAYMENT BOND
(LABOR AND MATERIAL)
KNOW ALL PERSONS BY THESE PRESENTS that, WHEREAS the City of Diamond Bar ("City"), has awarded to
(Name and address of Contractor)
("Principal"), a contract (the "Contract") for the work described as
follows:
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
Dollars($________________),
this amount being not less than one hundred (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 CONDITIONS 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 3181 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. This bond shall insure to the benefit of any of their persons
named in Section 3181 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 suit is brought upon this bond, Surety further agrees to
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1293492.1
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 §§ 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.
Dated
"Principal" "Surety"
______________________________ _______________________________
______________________________ _______________________________
By:___________________________ By:____________________________
Its Its
By:___________________________ By:____________________________
Its Its
Notary
Note: This bond must be dated, all signatures must be notarized, and
evidence of the authority of any person signing as attorney-in-
fact must be attached.
(Seal) (Seal)
APPROVED AS TO SURETY AND
PRINCIPAL AMOUNT
By:___________________________
Insurance Administrator
BOND No._________________
32
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BID BOND
KNOW ALL PERSONS BY THESE PRESENTS that,
WHEREAS the City of Diamond Bar (“City”), has issued an invitation
for bids for the work described as follows:
____________________________________________________ Project No. _____
WHEREAS
(Name and address of Bidder)
("Principal"), desires to submit a bid to Public Agency for the work.
WHEREAS, bidders are required under the provisions of the California
Public Contract Code to furnish a form of bidder's security with their
bid.
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 Public Agency
in the penal sum of
Dollars($______________), being not less than ten percent (10%) of the
total bid 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 is awarded a contract for the work by City and within the
time and in the manner required by the bidding specifications, entered
into the written form of contract included with bidding specifications,
furnishes the required bonds, one to guarantee faithful performance and
the other to guarantee payment for labor and materials, and furnishes
the required insurance coverages, then this obligation shall become
null and void; otherwise, it shall be and remain in full force and
effect.
33
1293492.1
In case suit is brought upon this bond, Surety further agrees to pay
all court costs incurred by City in the suit and reasonable attorneys'
fees in an amount fixed by the court. Surety hereby waives the
provisions of California Civil Code § 2845.
IN WITNESS WHEREOF, 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.
Dated:
"Principal" "Surety"
______________________________ _______________________________
______________________________ _______________________________
By:___________________________ By:____________________________
Its Its
By:___________________________ By:____________________________
Its Its
Note: This bond must be dated, all signatures must be notarized, and
evidence of the authority of any person signing as attorney-in-
fact must be attached.
(Seal) (Seal)
1293492.1
CERTIFICATION OF NON-DISCRIMINATION AND AFFIRMATIVE ACTION
As suppliers of goods or services to the City of Diamond Bar, the firm
listed below certifies that it does not discriminate in its employment
with regards to race, religion, sex, or national origin; that it is in
compliance with all federal, state, and local directives and executive
orders regarding non-discrimination in employment; and that it will
pursue an affirmative course of action as required by the affirmative
action guidelines.
We agree specifically:
1. To establish or observe employment policies which affirmatively
promote opportunities for minority persons at all job levels.
2. To communicate this policy to all persons concerned including all
company employees, outside recruiting services, especially those
serving minority communities, and to the minority communities at
large.
3. To take affirmative steps to hire minority employees within the
company.
FIRM
TITLE OF OFFICER SIGNING
SIGNATURE DATE
Please include any additional information available regarding equal
opportunity employment programs now in effect within your company:
35
1293492.1
CERTIFICATION WITH REGARD TO THE PERFORMANCE OF
PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE
EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS
The bidder , proposed subcontractor , hereby certifies that
he has , has not , participated in a previous contract or
subcontract subject to the Equal Opportunity Clause, as required by
Executive Orders 10925, 11114, or 11246, and that he has , has not
, filed with the Joint Reporting Committee, the Director of the Office
of Federal Contract Compliance, a Federal Government contracting or
administering agency, or the former President's Committee on Equal
Employment Opportunity, all reports due under the applicable filing
requirements.
(COMPANY)
BY:
(TITLE)
DATE: , 20 .
NOTE: The above certification is required by the Equal Employment
Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7 (b)
(1), and must be submitted by bidders and proposed subcontractors only
in connection with contracts and subcontracts which are subject to the
Equal Opportunity Clause. Contracts and subcontracts which are exempt
from the Equal Opportunity Clause are set forth in 41 CFR 60-1.5.
(Generally only contracts or subcontracts of $10,000 or under are
exempt).
Currently, Standard Form 100 (EEO-1) is the only report required by the
Executive Orders or their implementing regulations.
Proposed prime contractors and subcontractors who have participated in
a previous contract or subcontract subject to the Executive Orders and
have not filed the required reports should note that 41 CFR 60-1.7 (b)
(1) prevents the award of contracts and subcontracts unless such
contractor submits a report covering the delinquent period of such other
period specified by the Federal Highway Administration or by the
Director, Office of Federal Contract Compliance, U.S. Department of
Labor.
36
1293492.1
NON-COLLUSION AFFIDAVIT
TO: THE CITY OF DIAMOND BAR:
STATE OF CALIFORNIA )
) SS
COUNTY OF )
, being first duly
sworn, deposes and says that he or she is of
, the party making the
foregoing bid, that the bid is not made in the interest of or on behalf
of, any undisclosed person, partnership, company association,
organization, or corporation; that the bid is genuine and not collusive
or sham; that the bidder has not directly or indirectly induced or
solicited another bidder to put in a false or sham bid, and has not
directly or indirectly colluded, conspired, connived, or agreed with
any bidder or anyone else to put in a sham bid, or that anyone shall
refrain from bidding; that the bidder has not in any manner, directly
or indirectly, sought by agreement, communication, or conference with
anyone to fix the bid price of the bidder or any other bidder, or to
fix any overhead, profit, or cost element of the bid price, or of that
of any other bidder, or to secure any advantage against the public body
awarding the contact or anyone interested in the proposed contract;
that all statements contained in the bid are true; and further, that
the bidder has not, directly or indirectly, submitted his or her bid
price or any breakdown thereof, or the contents thereof, or divulged
information or data relative thereto, or paid, and will not pay, any
fee to any corporation, partnership, company association, organization,
bid depository, or to any member or agent thereof to effectuate a
collusive or sham bid.
Signature of Bidder
STATE OF CALIFORNIA )
)SS
COUNTY OF LOS ANGELES )
Subscribed and sworn to before me this day of ,20 .
Notary Public in and for the County of
, State of California
37
1293492.1
Bidder Agrees to Execute Agreement
In Substantially This Form
AGREEMENT
The following agreement ("AGREEMENT") is made and entered into, in duplicate, as of
the date executed by the Mayor and attested to by the City Clerk, by and between
____________________ hereinafter referred to as the "CONTRACTOR" and the City of
Diamond Bar, California, hereinafter referred to as "CITY."
WHEREAS, pursuant to Notice Inviting Sealed Bids, bids were received, publicly opened,
and declared on the date specified in the notice; and
WHEREAS, CITY accepted the bid of CONTRACTOR __________________________
and;
WHEREAS, CITY has authorized the Mayor to execute a written contract with
CONTRACTOR for furnishing labor, equipment and material for the
___________________________ Project in the City of Diamond Bar.
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
_________________________Project in the City of Diamond Bar. The work to be performed
in accordance with the plans and specifications, dated (The Plans and Specifications)
on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and
in accordance with the instructions of the City Engineer.
2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY:
The Plans and Specifications are incorporated herein by reference and made a part hereof with
like force and effect as if set forth in full herein. The Plans and Specifications, CONTRACTOR'S
Bid dated , together with this AGREEMENT, shall constitute the contract
between the parties. This AGREEMENT 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 AGREEMENT, the following order of precedence shall apply:
(1) This AGREEMENT; (2) The Plans and Specifications; and (3) Contractor's bid.
3. COMPENSATION: CONTRACTOR agrees to receive and accept the prices set
forth in its Bid Proposal as full compensation for furnishing all materials, performing all work, and
fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses,
damages, and consequences arising out of the nature of the work during its progress or prior to
its acceptance including those for well and faithfully completing the work and the whole thereof
in the manner and time specified in the aforesaid contract documents; and also including those
arising from actions of the elements, unforeseen difficulties or obstructions encountered in the
prosecution of the work, suspension or discontinuance of the work, and all other unknowns or
risks of any description connected with the work. Final payment to Contractor shall be withheld
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for at least 30 days after the time in which Contractor has verified, to the City's satisfaction, that
it has submitted all information to the Department of Industrial Relations required by Labor Code
§1773.3.
4. TERM OF CONTRACT: CONTRACTOR agrees to complete the work within
______ (__) calendar days from the date of the notice to proceed.
CONTRACTOR agrees further to the assessment of liquidated damages in the
amount of ____________ dollars ($_____) 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 AGREEMENT. Progress
payments made after the scheduled date of completion shall not constitute a waiver of liquidated
damages.
5. INSURANCE: 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 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. Workers' Compensation Insurance: Before beginning work, the
CONTRACTOR shall furnish to the CITY a certificate of insurance as proof
that he has taken out full workers' 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. The 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
requires every employer to be insured against liability for workers'
compensation or to undertake self-insurance in accordance with the
provisions of that Code, and I will comply with such provisions before
commencing the performance of work of this contract."
b. For all operations of the CONTRACTOR or any sub-contractor in performing
the work provided for herein, insurance with the following minimum limits
and coverage:
1) General Liability - $2,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General
Liability insurance or other form with a general aggregate limit is
used, either the general aggregate limit shall apply separately to this
AGREEMENT or the general aggregate limit shall be twice the
required occurrence limit.
2) Automobile - $1,000,000 per accident for bodily injury and property
damage.
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3) Employer's Liability - $1,000,000 per accident for bodily injury or
disease.
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 authorized to do business in the State of California.
2) Name as additional insured the City of Diamond Bar, its officers,
agents and employees, and any other parties specified in the bid
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 the 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."
5) Otherwise be in form satisfactory to the 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.
e. The CONTRACTOR shall, prior to performing any work under this
AGREEMENT, deliver to the City Manager or his designee the original
policies of insurance required in paragraphs a. and b. hereof, or deliver to
the City Manager or his designee a certificate of the insurance company,
showing the issuance of such insurance, and the additional insured and
other provisions required herein.
f. Self-Insured Retention/Deductibles. All policies required by this
AGREEMENT shall allow CITY, as additional insured, to satisfy the self-
insured retention (“SIR”) and/or deductible of the policy in lieu of the Owner
(as the named insured) should CONTRACTOR fail to pay the SIR or
deductible requirements. The amount of the SIR or deductible shall be
subject to the approval of the City Attorney and the Finance Director.
CONTRACTOR understands and agrees that satisfaction of this
requirement is an express condition precedent to the effectiveness of this
AGREEMENT. Failure by CONTRACTOR as primary insured to pay its SIR
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or deductible constitutes a material breach of this AGREEMENT. Should
CITY pay the SIR or deductible on CONTRACTOR’s behalf upon the
CONTRACTOR’s failure or refusal to do so in order to secure defense and
indemnification as an additional insured under the policy, CITY may include
such amounts as damages in any action against CONTRACTOR for breach
of this AGREEMENT in addition to any other damages incurred by CITY
due to the breach.
6. 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 works 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. Copies of such prevailing
rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar,
21825 Copley Drive, Diamond Bar, 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.
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 this AGREEMENT, by him or by any
subcontractor under him.
CONTRACTOR and any of its subcontractors must be registered with the Department of
Industrial Relations pursuant to Labor Code section 1725.5, which precludes the award of a
contract for a public work on any public works project awarded after April 1, 2015. This
Agreement is subject to compliance monitoring and enforcement by the Department of Industrial
Relations.
7. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section
1777.5 of the Labor Code, and in accordance with the regulations of the California
Apprenticeship Council, properly indentured apprentices may be employed in the performance
of the work.
CONTRACTOR is required to make contribution to funds established for the
administrative of apprenticeship programs if he employs registered apprentices or journeymen
in any apprenticeship trade on such contracts and if other CONTRACTOR'S on the public works
site are making such contributions.
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, ex-officio the Administrator of
Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and
its branch offices.
8. 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 sub-contractor 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.
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CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for
each laborer, workman or mechanic employed in the execution of the contract, by him or any
sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each
calendar day during which the laborer, workman or mechanic is required or permitted to labor
more than eight (8) hours in violation of the Labor Code.
9. 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 1773.8.
10. CONTRACTOR'S LIABILITY: The CITY and its officers, agents and employees
("Indemnitees") 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
workers or employees of CONTRACTOR, of its 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. CONTRACTOR shall be responsible for any damage or injury to any
person or property resulting from defects or obstructions or from any cause whatsoever.
CONTRACTOR will indemnify Indemnities against and will hold and save Indemnitees
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 CONTRACTOR, its agents, employees, subcontractors or invitees provided for
herein, whether or not there is concurrent passive negligence on the part of CITY. In connection
therewith:
a. CONTRACTOR will defend any action or actions filed in connection with
any such claims, damages, penalties, obligations or liabilities and will pay
all costs and expenses, including attorneys' fees, expert fees and costs
incurred in connection therewith.
b. CONTRACTOR will promptly pay any judgment rendered against
CONTRACTOR or Indemnitees covering such claims, damages, penalties,
obligations and liabilities arising out of or in connection with such work,
operations or activities of CONTRACTOR hereunder, and CONTRACTOR
agrees to save and hold the Indemnitees harmless therefrom.
c. In the event Indemnitees are made a party to any action or proceeding filed
or prosecuted against CONTRACTOR for damages or other claims arising
out of or in connection with the work, operation or activities hereunder,
CONTRACTOR agrees to pay to Indemnitees and any all costs and
expenses incurred by Indemnitees in such action or proceeding together
with reasonable attorneys' fees.
Contractor's obligations under this section apply regardless of whether or not such claim,
charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil
fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However,
without affecting the rights of CITY under any provision of this AGREEMENT, Contractor shall
not be required to indemnify and hold harmless CITY for liability attributable to the active
negligence of CITY, provided such active negligence is determined by agreement between the
parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown
to have been actively negligent and where CITY active negligence accounts for only a
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percentage of the liability involved, the obligation of Contractor will be for that entire portion or
percentage of liability not attributable to the active negligence of CITY.
So much of the money due to 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 damages as aforesaid.
It is expressly understood and agreed that the foregoing provisions are intended to be as
broad and inclusive as is permitted by the law of the State of California. This indemnity provision
shall survive the termination of the AGREEMENT and is in addition to any other rights or
remedies which Indemnitees may have under the law.
This indemnity is effective without reference to the existence or applicability of any
insurance coverage which may have been required under this AGREEMENT or any additional
insured endorsements which may extend to Indemnitees.
CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby
waives all rights of subrogation and contribution against the Indemnitees, while acting within the
scope of their duties, from all claims, losses and liabilities arising out of or incident to activities
or operations performed by or on behalf of the CONTRACTOR regardless of any prior,
concurrent, or subsequent passive negligence by the Indemnitees.
11. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination
shall be made in the employment of persons in the work contemplated by this AGREEMENT
because of the race, color or religion of such person. A violation of this section exposes the
CONTRACTOR to the penalties provided for in Labor Code Section 1735.
12. PAYMENT FUND: A City Council resolution established a Project Payment
Account, encumbered money in the current budget, and assigned that money to the Project
Payment Account, which is the sole source of funds available for payment of the contract sum
set forth in Section 3 of this AGREEMENT. CONTRACTOR understands and agrees that
CONTRACTOR will be paid only from this special fund and if for any reason this fund is not
sufficient to pay CONTRACTOR, CONTRACTOR will not be entitled to payment. The availability
of money in this fund, and City’s ability to draw from this fund, are conditions precedent to City’s
obligation to make payments to CONTRACTOR.
13. PRESENTATION OF CLAIMS: Any claim, as that term is defined in Public
Contract Code §9204, shall be submitted in accordance with Section 9204 and shall contain a
sufficient description of the claim, the basis therefore and documentation in support of the claim.
The claim shall be processed as more fully set forth in the Plans and Specifications.
14. TERMINATION: This AGREEMENT may be terminated by the CITY, without
cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30)
days prior to the date of termination specified in the notice. Upon receipt of such notice,
Contractor shall immediately cease work, unless otherwise directed by the Notice of
Termination. In the event of such termination, Contractor shall be paid for services satisfactorily
rendered and expenses reasonably and necessarily incurred prior to the effective date of
termination, unless the Notice of Termination is issued for cause, in which event the City may
withhold any disputed compensation. Contractor shall not be entitled to any claim for lost profits.
State of California
"CONTRACTOR'S" License No. ________________________
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1293492.1
CONTRACTOR'S Business Phone:
CONTRACTOR'S emergency phone which can be reached at any time:
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT with all
the formalities required by law on the respective dates set forth opposite their signatures.
By: ______________________________________
Title: _________________________________
Date:
By:
Title:
Date:
CITY OF DIAMOND BAR, CALIFORNIA
By: _____________________________________
MAYOR
__________________________
Date
ATTEST:
By: _____________________________________
CITY CLERK
__________________________
Date
APPROVED AS TO FORM:
_____________________________________
CITY ATTORNEY
_____________________________
Date
*NOTE: If Contractor is a corporation, the City requires the following signature(s):
-- The Chairman of the Board, the President or a Vice-President, AND (2) the
Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an
Assistant Treasurer. If only one corporate officer exists or one corporate officer
holds more than one corporate office, please so indicate. OR
-- The corporate officer named in a corporate resolution as authorized to enter into
this Agreement. A copy of the corporate resolution, certified by the Secretary
close in time to the execution of the Agreement, must be provided to the City.
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1293492.1
PART II
GENERAL PROVISIONS
GENERAL PROVISIONS
FOR
CANYON LOOP TRAIL IMPROVEMENT PROJECT
CITY PROJECT NO. FP17500
1. GENERAL CONDITIONS
All work shall be done in accordance with the Standard
Specifications for Public Works Construction (Latest Edition and
all subsequent supplements), hereinafter referred to as Standard
Specifications; the State of California Department of
Transportation Standard Specifications (Latest Edition and all
subsequent supplements), hereinafter referred to as Caltrans
Standard Specifications; Plans, Standard Construction Drawings;
and these Special Provisions.
2. MODIFICATIONS TO THE STANDARD SPECIFICATIONS
Section 2. Scope and Control of Work.
Section 2-1. Award and Execution of Contract is amended by the
following:
(a) Examination of Plans, Specifications, Special Provisions, and
Site of Work: The bidder is required to examine carefully
the site and the proposal, plans, specifications and contract
forms for the work contemplated, and it will be assumed that
the bidder has investigated and is satisfied as to the
conditions to be encountered, including all installations and
utilities, whether underground, surface or overhead, as to
the character, quality and quantities of work to be performed
and materials to be furnished, and as to the requirements of
the specifications, the special provisions and the Contract.
It is mutually agreed that submission of a proposal shall be
considered prima facie evidence that the bidder has made such
examination.
(b) Proposal Form: All proposals must be made upon blank forms
to be obtained from the City Clerk at City Hall, 21810 Copley
Drive, Diamond Bar, California. All proposals must give the
prices proposed, both in writing and figures, and must be
signed by the bidder, and his address shown. If the proposal
is made by an individual, his name and post office address
must be shown. If made by a firm or partnership, the name
and post office address of each member of the firm or
partnership must be shown. If made by a corporation, the
proposal must show the name of the state under the laws of
which the corporation was chartered and the names, titles,
and business addresses of the president, secretary, and
treasurer.
c) Rejection of Proposals Containing Alterations, Erasures or
Irregularities: Proposals may be rejected if they show any
alterations or form additions not called for, conditional or
alternative proposals, incomplete proposals, erasures, or
irregularities of any kind.
d) Bidder's Guarantee: All proposals shall be presented under
sealed cover and shall be accompanied by cash, cashier's check
or certified check payable to, or bidder's bond in favor of
the City of Diamond Bar in an amount of not less than ten
percent (10%) of the amount named in said proposal, and no
proposal shall be considered unless such cash, cashier's
check, certified check or bidder's bond is enclosed
therewith.
(e) Return of Bidder's Guarantees: Proposal guarantees will be
held until the Contract has been finally executed, after which
they will be returned to the respective bidders whose
proposals they accompany.
The Notice to Bidders, Proposal, bonds, Instructions to bidders,
General Provisions and Detail Specifications, shall be deemed
incorporated in the Contract by reference. A Corporation to
which an award is made will be required, before the Contract is
finally executed, to furnish evidence of its corporate existence
and evidence that the officer signing the Contract and bonds for
the corporation is duly authorized to do so.
Subsection 2-5.1. Plans and Specifications - General, is
amended by the addition of the following:
An addendum to these specifications may be issued by the City
Engineer at any time prior to the bid opening.
Section 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.1 General. The Contractor and all subcontractors, suppliers,
and vendors, shall guarantee that the entire work will meet all
requirements of this contract as to the quality of materials,
equipment, and workmanship. The Contractor, at no cost to the
AGENCY, shall make any repairs or replacements made necessary by
defects in materials, equipment, or workmanship that become evident
within 1 year after the date of acceptance of work. Within this 1-
year period, the Contractor shall also restore to full compliance
with requirements of this contract any portion of the work which is
found to not meet those requirements. The Contractor shall hold the
AGENCY harmless from claims of any kind arising from damages due to
said defects or noncompliance. The Contractor shall make all
repairs, replacements, and restorations within 30 days after the
date of the Engineer's written notice.
4-1.4 Test of Materials. Except as elsewhere specified, the City
will bear the cost of materials testing and independent acceptance
testing. The cost of all other tests, including the retesting of
materials and independent acceptance testing that fails to pass the
first test, shall be borne by the Contractor.
Section 5. Utilities. This section is modified by addition of the
following subsections.
Subsection 5-1. Location. This section is amended by the
addition of the following:
Utility Owner and Public Agency Identifications. Utility owners
and Public Agencies who may have facilities or interests, which
may affect the work, are as follows:
Verizon Telephone
1400 E. Phillips Boulevard
Pomona, California 91766
(800) 227-2600 (DigAlert)
(909) 469-6354 (Office)
Waste Management
13940 East Live Oak Avenue
Baldwin Park, California 91706
(800) 266-7551
Valley Vista Services
16000 Temple Avenue
La Puente, California 91744
(800) 442-6454
Southern California Edison Co.
800 West Cienega Avenue
San Dimas, California 91773
(800) 227-2600 (DigAlert)
(800) 684-8123 (Office)
Southern California Gas Company
1919 South State College Boulevard
Anaheim, California 92803
(800) 227-2600 (DigAlert)
(800) 427-2200 (Office)
Walnut Valley Water District
271 South Brea Canyon Road
Walnut, California 91789
(909) 595-7554
Pomona Unified School District
800 South Garey Avenue
Pomona, California 91766
(909) 397-4800
Walnut Valley Unified School District
880 S. Lemon Ave.
Walnut, CA 91789
(909) 595-1261
Time Warner Cable
1041 E. Route 66
Glendora, CA 91740
(888) 892-2253
Los Angeles County Department of Public Works
900 S. Fremont Ave.
Alhambra, CA 91803-1331
Operation Services
(626) 445-7630
Sewer Maintenance
(800) 675-4357
Los Angeles County Sheriff's Department
21695 E. Valley Blvd.
Walnut, California 91789
(909) 595-2264
Los Angeles County Fire Department
Station 119
20480 Pathfinder Road
Diamond Bar, California 91765
(909) 861-5995
Los Angeles County Fire Department
Station 121
346 Armitos Place
Diamond Bar, California 91765
(909) 396-0164
Metropolitan Water – La Verne
Substructures Team
P.O. Box 54153 Terminal Annex
Los Angeles, CA 90054
(213) 217-6679
Los Angeles County Fire Department
Station 120
1051 S Grand Ave
Diamond Bar, CA 91765
(323) 881-2411 (non-emergencies)
911 (emergencies)
The Contractor shall notify each of the above listed utility
companies and agencies in writing (copy to City) of the project.
They shall be invited to a pre-construction meeting and provided a
work schedule.
Subsection 5-2. Protection.
The Contractor is hereby alerted to the existence of utility lines.
The Contractor shall carefully protect all lines during the course
of construction.
Section 6. Order of Work.
Subsection 6-1.3. Order of Work
The order of work, except where otherwise specifically required by
the Plans and Specifications, shall be determined by the Contractor
who shall be solely responsible for coordinating all subcontract and
prime contract work to minimize delays during construction.
The Contractor shall schedule his work in order to be as least
disruptive as possible to adjacent businesses and residents.
Subsection 6-1.4. Work Hours and Sound Control.
Daytime work hours shall be 7:00 a.m. to 4:00 p.m. Monday - Friday.
Saturday work hours, if permitted at least one week (7 Calendar
Days) in advance by the City Engineer, shall be 8:00 a.m. to 4:00
p.m.
Nighttime work hours shall be 10:00 p.m. to 5:00 a.m. Monday –
Friday. Nighttime work hours are not required but will be permitted
at the request of the contractor with the City Engineer’s
authorization. Contractor shall request nighttime work hours at
least 1 week (7 calendar days) prior to beginning the proposed
nighttime work operations.
The Contractor shall comply with all County and local sound control
and noise level rules, regulations, and ordinances which apply to
any work performed pursuant to the contract, and shall make every
effort to control any undue noise resulting from the construction
operation.
Each internal combustion engine used for any purpose on the job or
related to the job shall be equipped with a muffler of a type
recommended by the manufacturer. No internal combustion engine shall
be operated on the project without said muffler.
The Engineer reserves the right to stop work if he determines that
these conditions are being violated.
Section 7. Responsibilities of the Contractor in Conduct of His
Work.
Subsection 7-2. Labor is amended by the addition of the following:
Labor Discrimination. No discrimination shall be made in the
employment of such persons upon public works because of the race,
color, or religion of such persons and every contractor for public
works violating this section is subject to all the penalties imposed
for a violation of Chapter 11 or Part VII, Division 2 of the Labor
Code in accordance with the provisions of Section 1735 thereof.
Subsection 7-3.1. Contractor's Responsibility for Work.
Reference is made to Section 6 - 8 of the Standard Specifications
and these General Provisions. Except as provided above, until the
formal acceptance of the work by the City Council, the Contractor
shall have the charge and care thereof and shall bear the risk of
injury or damage to any part thereof by the action of the elements
or from any other case, whether arising from the execution or from
the non-execution of the work. The Contractor shall rebuild, repair,
restore, and make good all injuries or damages to any portion of the
work occasioned by any of the above causes before final acceptance
and shall bear the expense thereof, except such injuries or damages
occasioned by acts of the Federal Government or the public enemy.
Section 7-8 WORK SITE MAINTENANCE
Subsection 7-8.6.2 Best Management Practices (BMPs) is amended by
the addition of the following:
At a minimum, the Contractor and/or any subcontractors are required
to place gravel bags and filter fabric around all storm drain inlets
to prevent polluted water from running into the storm drain systems
in addition to all other required BMP’s.
Subsection 7-10.1. Traffic and Access is amended by the addition
of the following:
The Contractor shall furnish all flagmen and guards and supply and
install all signs, lights, flares, barricade delineators, and other
facilities which are necessary to expedite the passage of public
traffic through or around the work or to prevent accidents or damage
or injury to the public or to give adequate warning to the public
of any dangerous conditions to be encountered. The Caltrans "Manual
of Traffic Controls" shall be used for all traffic control on this
project.
7-10.3 Street Closures Barricades, Detours. Subsection 7-10.3 of
the Standard Specifications is amended by adding thereto the
following:
At a minimum the contractor shall maintain one (1) dedicated left
turn and one (1)thru/right turn lane at all times in all directions
as deemed necessary.
The Contractor shall prepare any traffic control or detour plans as
directed in section 3.03 vehicular traffic control of technical
provisions under Traffic Control (Bid Item No. 2).
Lane transitions shall confirm to the California MUTCD, Part 6,
“Temporary Traffic Control.”
Temporary traffic channelization shall be accomplished by the use
of temporary striping when channelization is required for more than
3 days. The Contractor shall provide any plans that may be required
for temporary striping prepared by a registered traffic engineer to
the satisfaction of the City Engineer. In no event will temporary
striping be allowed on newly finished pavement surfaces which are
to remain. Temporary traffic channelization needed on a daily basis
shall be accomplished with delineators.
The Contractor shall schedule an employee to police the temporary
delineators within the travel way during weekday, nonworking hours
and over Saturdays, Sundays, and holidays.
7-10.5 Protection of the Public. Subsection 7-10.5 is hereby added
to Section 7 of the Standard Specifications as follows:
It is part of the service required of the Contractor to make whatever
provisions are necessary to protect the public. The Contractor shall
use foresight and shall take such steps and precautions as his
operations warrant to protect the public from danger, loss of life
or loss of property, which would result from interruption or
contamination of the public water supply, interruption of other
public service, or from the failure of partly completed work or
partially removed facilities. Unusual conditions may arise on the
work which will require that immediate and unusual provisions be
made to protect the public from danger or loss, or damage to life
and property, due directly or indirectly to prosecution of work under
this contract.
Whenever, in the opinion of the Engineer, an emergency exists against
which the Contractor has not taken sufficient precaution for the
public safety, protection of utilities and protection of adjacent
structures or property which may be damaged by the Contractor's
operations in the opinion of the Engineer, immediate action shall
be considered necessary in order to protect the public or property
due to the Contractor's operations under this contract, the Engineer
will order the Contractor to provide a remedy for the unsafe
condition. If the Contractor fails to act on the situation within
a reasonable time period, the Engineer may provide suitable
protection to said interests by causing such work to be done and
material to be furnished as, in the opinion of the Engineer, may
seem reasonable and necessary.
The cost and expense of said labor and material, together with the
cost and expense of such repairs as are deemed necessary, shall be
borne by the Contractor. All expenses incurred by the AGENCY for
emergency repairs will be deducted from the progress payments and
the final payment due to the Contractor. However, if the AGENCY
does not take such remedial measures, the Contractor is not relieved
of the full responsibility for public safety.
Subsection 7-15 RECYCLING OF MATERIAL
Subsection 7-15 is hereby added to Standard Specification.
7-15.1 Recycle of Asphalt Concrete, Portland Cement Concrete.
7-15.2 Contractor’s Obligation. The Agency is committed to
recycling program. It is the obligation of the contractor, under
this contract, to recycle the waste material through an approved
recycling plant. Records and report of waste material will be
submitted to the City of Diamond Bar on a regular monthly basis.
The construction and demolition requirements of the City of Diamond
Bar has been provided in Appendix C for further information.
Section 9. Measurement and Payment.
Subsection 9-3 is modified by the addition of the following
paragraphs:
Payment for the various items of the Bid Schedule, as further
specified herein, shall include all compensation to be received by
the Contractor for furnishing all tools, equipment, supplies, and
manufactured articles, and for all labor, operations, and
incidentals appurtenant to the items of work being described, as
necessary to complete the various items of work, all in accordance
with the provisions for Measurement and Payment in the Standard
Specifications and these Special Provisions, and as shown on the
Drawings, Exhibits, and spreadsheets including all appurtenances
thereto, and including all costs of compliance with the regulations
of public agencies having jurisdiction, including the Safety and
Health Requirements of the California Division of Industrial Safety
and the Occupational Safety and Health Administration of the U.S.
Department of Labor (OSHA).
No separate payment will be made for any item that is not
specifically set forth in the Bid Schedule, and all costs therefore
shall be included in the prices named in the Bid Schedule for the
various appurtenant items of work.
The Contractor agrees that the payment of the amount under the
Contract, and the adjustment and payment for any work done in
accordance with any alterations of the same, shall release the City
of Diamond Bar, the City Council, the City Manager, and the City
Engineer of any and all claims or liability on account of work
performed under the Contract or any alterations thereof.
Progress Payments. The Contractor shall be entitled each month to a
monthly progress payment in an amount equal to ninety-five percent
(95%) of the estimated percentage of actual work completed by the
end of the preceding calendar month, based on the contract price
less all previous payments. Subject to the provisions of Section
22300 of the Public Contract Code, a five percent (5%) retention
will be withheld from each payment. All invoices and detailed pay
requests shall be approved by the Engineer before submittal to the
City for payment. All billings shall be directed to the Engineer.
In all events, the City shall withhold no less than five percent
(5%) of the contract price until final completion and acceptance of
the work.
This payment on account shall in no way be considered as an
acceptance of any part of the work or material of the Contract, nor
shall it in any way govern the final estimate.
Acceptance of any progress payment accompanying any estimate without
written protest shall be an acknowledgment by the Contractor that
the number of accumulated contract days shown on the associated
statement of working days is correct. Progress payments made by the
City to the Contractor after the completion date of the Contract
shall not constitute a waiver of liquidated damages.
The Contractor shall submit with its invoice the Contractor's
conditional waiver of lien for the entire amount covered by such
invoice; valid unconditional waivers of lien from the Contractor and
all subcontractors and material-men for all work and materials
included in any prior invoices;
Waivers of lien shall be in the forms prescribed by California Civil
Code Section 3262. Prior to final payment by the City, the
Contractor shall submit a final waiver of lien for the Contractor's
work, together with releases of lien from any subcontractor or
material-men.
Final Payments. After the completion of the Contract, the City
Engineer shall make a final inspection of the work done thereunder, and
if entirely satisfactory and complete, the City shall pay to the
Contractor an amount which, when added to the payments previously made
and deductions allowable to the City, will equal ninety-five percent
(95%) of the contract price. Thereafter the balance of the contract
price remaining unpaid shall be paid thirty-five (35) calendar days
after the recording of a Notice of Completion by the City. The payment
of the final amount due under the Contract and the adjustment and
payment for any work done in accordance with any alterations of the
same shall release the City from any and all claims on account of the
work performed under the Contract or any alterations thereof. Final
payment to Contractor shall be withheld for at least 30 days after the
time in which Contractor has verified, to the City's satisfaction, that
it has submitted all information to the Department of Industrial
Relations required by Labor Code §1773.3.
Guarantee. The Contractor agrees for a period of one year, commencing
with the Final Notice of Completion, to correct without additional
charge to the City, any defects in the work performed, or in the
materials furnished, by the Contractor and/or manufacturer, jointly.
Quantities and Unit Prices. All pay items will be paid for at the
unit prices named in the Bid Schedule for the respective items of
work. The quantities of work or material stated as unit price items
on the Bid Schedule are stated only to give an indication of the
general scope of the work. The City does not expressly, nor by
implication, agree that the actual amount of work or material will
correspond therewith, and reserves the right after the award of
Contract to increase or decrease the quantity of any unit price item
of work, and shall have the right to delete any Bid Item in its
entirety, or to add additional Bid Items.
9-4 Final Cleanup and Closeout. Upon completion of the work, and
before acceptance and final payment is made by the City, the
Contractor shall clean the project site and areas occupied by him
in connection with the work. All rubbish, excess materials,
falsework, temporary structures, and equipment shall be removed; and
all parts of the work shall be left in a neat and presentable
condition.
Prior to final closeout, the Contractor shall submit the following:
A. A complete file of operation and maintenance manuals for
equipment and materials used in the work. Such file shall be
bound in hardcover, three-ring binders and shall be labeled.
B. Required written guarantees.
C. Complete list of subcontractors and principal vendors engaged
in the execution of the work, including addresses and telephone
numbers.
D. Complete and updated Storm Water Pollution Prevention Plan/Water
Pollution Control Plan and Contractor certification that
construction activities were in compliance with applicable
National Pollutant Discharge Elimination System regulations.
Full compensation for conforming to the requirements of this Section
shall be considered as included in the contract bid price paid for
the various items of work and no additional compensation will be
allowed therefor.
9-5 Final Inspection and Acceptance. The Contractor shall notify
the Engineer a minimum of five working days in advance when a final
inspection of the work is desired. If the Engineer agrees that the
work is complete and ready for inspection, he will, as soon
thereafter as possible, make the necessary examinations. No final
acceptance of the work shall be allowed until all check (punch) list
items to be rectified have been corrected and any subsequent final
inspections have been performed.
9-6 Payment for Bid Items. See “Technical Provisions” section of
these Specifications.
9-7 Public Notification.
Contractor shall comply with all applicable State, County and City
requirements and any additional public safety requirements which may
arise in notifying the Police, Fire, Traffic and Engineering
Departments, Schools and Public Transit at least 48 hours in advance
of any closures, partial closures or reopening, and detours.
At least ten (10) calendar days prior to commencing work, the
Contractor shall submit a detailed schedule to the City for approval.
Based on the schedule, the Contractor will notify businesses, bus
companies, trash and street sweeping companies, and emergency
services of the proposed work.
Due to the nature of this project involving some inconvenience to
businesses, a good Public Relations Program is mandatory and evidence
of satisfactory past performance in this area will be required.
The City will require the Contractor to distribute two (2) “Public
Notices” to each business and residence affected by the program.
The first notice shall be distributed to each business and residence
ten (10) calendar days prior to the start of any work. The second
notice shall be distributed at least forty-eight (48) hours prior
to the start of work. Said notice shall be provided by the
Contractor.
Four (4) Changeable Message Boards (CMB’s) shall be placed near the
project limits as directed by the City Engineer. The CMB’s shall
be placed at least 10 business days prior to the start of
construction notifying motorists of the upcoming construction.
Additional Sixteen (16) Changeable Message Boards (CMB’s) through
the City of Diamond Bar shall be placed during the construction
phases of the crosswalks with one or more Changeable Message Boards
in the City of Industry and the City Chino Hills. Contractor must
obtain encroachments permit to place the board as required by other
cities.
The City may require the Contractor to conduct an information meeting
with affected businesses and residents to explain the phasing of
construction and work hours.
All complaints received by the City associated with the construction
alleging damage to private property and vehicles shall be responded
to by the Contractor within twenty-four (24) hours of notification.
Failure to comply with this provision may result in a penalty of
fifty dollars ($50.00) per occurrence.
The Contractor shall be responsible for maintain notification
signage in a serviceable manner. Signs shall indicate the date and
hours of restriction.
Full compensation for conforming to the requirements of this section
shall be considered as included in the price paid for various items
of work involved and no additional compensation will be allowed.
9-8 NPDES Requirements.
The contractor shall conform to the requirements of the National
Pollutant Discharge Elimination System (NPDES) Permit for
Construction Activities, NPDES No. CAS000002.
The Contractor shall protect by any means all construction related
materials from being discharged from the site by the forces of wind
or water. Contractor and/or any subcontractors are required to place
gravel bags and fabric around all storm drain inlets, and also place
gravel bags around the job site, as directed by the city Engineer,
to protect polluted water from running into the storm drain systems.
Full compensation for conforming to the requirements of this section
shall be considered as included in the prices paid for the various
contract items of work involved and no additional compensation will
be allowed.
9-9 Environmental Provisions
In the event Contractor is required to dig any trench or excavation
that extends deeper than 4 feet below the surface in order to perform
the work authorized under this contract, Contractor agrees to
promptly notify Agency in writing and before further disturbing the
site, if any, of the conditions set forth below are discovered:
1. Materials that the Contractor believes may be hazardous waste,
as defined in Section 25117 of the Health and Safety Code that
is required to be removed to a Class I, Class II, or Class III
disposal site in accordance with the provisions of existing law.
2. Subsurface or latent physical conditions at the site differing
from those indicated.
3. Unknown physical condition at the site of any unusual nature,
different materially from those ordinarily encountered and
generally recognized as inherent in the work of the character
provided for in this Contract.
1293492.1
PART III
SPECIAL PROVISIONS
SP - 1
1293492.1
SPECIAL PROVISIONS
FOR
CANYON LOOP TAIL IMPROVEMENT PROJECT
CITY PROJECT NO. FP17500
SPECIFICATIONS
The work to be done shall be performed or executed in accordance with
these Special Provisions and the "Standard Specifications for Public
Works Construction", Latest Edition and all subsequent supplements,
hereinafter referred to as the Standard Specifications. The Standard
Specifications are published by Building News, Inc. 10801 National
Boulevard, Suite 100, Los Angeles, California 90034 and are included
by reference only.
ADDENDA
The City Engineer may, without City Council approval, issue addenda
to the Contract Documents during the period of advertising for bids
for the purpose of: (a) revising prevailing wage scales or (b)
clarifying or correcting Special Provisions, Plans or Bid Proposal;
provided that any such addenda does not change the original scope
and intent of the project.
Purchasers of contract documents will be notified and furnished
copies of such addenda, either by certified mail or personal
delivery, during the period of advertising.
TIME LIMIT AND NOTICE TO PROCEED
All work shall be completed within sixty (60) working days. A move-
in period of seven (7) calendar days will be allowed starting on the
date in the Notice to Proceed. The counting of working days shall
start on the date the Contractor elects to start work or the last
day of the move-in period, whichever occurs first. The Contractor
shall utilize the move-in period to ensure that all materials
required for the project will be available for the scheduled work.
No additional working days will be allowed for material delay once
the Contractor commences work. The Contractor shall notify the City
Engineer at least seven (7) calendar days prior to the start of work.
Nothing in this section will relieve the Contractor of its
obligations relative to starting work as required elsewhere in these
specifications.
SP - 2
1293492.1
CHANGES IN THE WORK
Subsection 3-2.1 of the Standard Specifications is supplemented by
the following:
Notwithstanding the limitation imposed by this Subsection, the
City Engineer may, with City Council approval, order changes
in the work which increase the contract cost by not more than
ten percent (10%) of the original contract amount.
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
All bidders will be required to submit information as to their
industrial safety record on the form provided in the Bid Proposal.
A review of this safety record will be made prior to a determination
of the lowest responsible bidder, and any adverse finding as to the
bidder's safety record or any bid submitted which does not contain
the Contractor's Industrial Safety Record, filled out and signed by
the Contractor, may be sufficient cause for rejection of the bid.
CONSTRUCTION SCHEDULE
In accordance with Subsection 6-1 of the Standard Specifications,
the Contractor shall submit a written proposed construction schedule
to the City Engineer ten (10) calendar days prior to the start of
work. Such schedule shall be subject to the review and approval by
the City Engineer. No work shall be done until the City Engineer
and the Contractor have agreed to the schedule to be followed by the
Contractor.
WITHHELD CONTRACT FUNDS
Pursuant to Section 4590 of the Government Code, the Contractor at
its own expense may deposit securities pledged in favor of the Agency
with a state or federally chartered bank as the escrow agent.
The acceptable securities are those listed in Section 16430 of the
Government Code or bank or savings and loan certificates of deposit.
The amount of securities to be deposited shall be equivalent to the
maximum amount permitted to be withheld as specified in Subsection
9-3.2 of the Standard Specifications. Formal acceptance of the
project by the Agency terminates the Agency's interest in the
securities.
PUBLIC CONVENIENCE AND SAFETY
SP - 3
1293492.1
In addition to the requirement of Subsection 7-10 of the Standard
Specifications and the Standard Special Provisions, the Contractor
shall maintain access to all adjacent properties. Furthermore, this
subsection is amended and supplemented by the following paragraphs:
DETOUR
In no case shall traffic be diverted from the existing traveled
way without prior approval of the City Engineer.
TRAFFIC FLOW
In order to facilitate the flow of traffic during the contractual
period, the Agency reserves the right to extend the limits of the
project to include any areas where signing and delineating is
deemed necessary by the Engineer.
Full compensation for complying with the above requirements shall be
considered as included in the various items of work unless otherwise
specified above.
CONSTRUCTION WATER
Construction water is available from the Walnut Valley Water District
(WVWD) by applying for a temporary meter, which will be installed
and chained to a hydrant by WVWD. Contact WVWD at telephone (909)
595-7554 to apply for construction water. Contractor to verify
current charges.
SANITARY CONVENIENCE
Necessary sanitary facilities for the use of workman on the job shall
be provided and maintained in an approved manner by the Contractor,
properly secluded from public observation and in compliance with
health ordinances and laws, and their use shall be strictly enforced
by the Contractor.
STORAGE SITE
It shall be the Contractor's responsibility to locate any storage
sites for materials and equipment needed and such sites either
located on public or private property must be approved in advance by
the City Engineer.
No equipment or materials shall be stored in the public roadway
right-of-way without prior written approval from the City Engineer.
SP - 4
1293492.1
SPECIAL INSPECTION FEES
If the Contractor elects to work under this contract more than 8
hours/day or more than 40 hours/week, Saturday, Sunday, or CITY
holidays, the Contractor shall arrange with the Engineer for the
required inspection service and pay the Special Inspection Fees which
will be charged at the following rates:
Monday through Fridays - $100.00 per hour
Saturday, Sunday, Holidays - $1000.00 per day
Fees may be deducted from payments due to the Contractor at the
discretion of the Engineer.
PROJECT COORDINATION AND NOTIFICATION REQUIREMENTS
Notification to the agencies listed below and those agencies named
in Subsection 5-1 (Utility Owner and Public Agency Identifications)
of the General Provisions must be in writing with proof of letter
given to the City.
Walnut Valley Unified School District Metropolitan Transit Agency
880 South Lemon Avenue (909) 620-1871
Walnut, California 91789
(909) 595-1261
PRE-CONSTRUCTION MEETING
The City shall arrange a pre-construction meeting with the Contractor
and representatives from utility companies, which shall be held a
minimum of ten (10) calendar days prior to commencement of any work.
TRASH COLLECTION SCHEDULE
No streets will be closed or have work done on day of trash
collection.
Questions regarding trash collection can be directed to:
Waste Management Valley Vista Services
(626) 856-1285 (800)442-6454
(818) 960-7551
STREET SWEEPER ROUTE SCHEDULE
SP - 5
1293492.1
All overlays shall be applied at least twenty-four (24) hours prior
to sweeping of any street in the project area.
Questions regarding street sweeping can be directed to:
R.F. Dickson Co., Inc.
(800) 573-3222
REMOVAL OF MATERIALS
Materials, which are to be disposed of, include, but are not limited
to:
saw-cut asphalt pavement and concrete removed for curb and gutter
shall not be stored at the site but shall be removed immediately.
No overnight storage of materials or debris will be allowed in
the street area or surrounding areas.
COMPETENCY OF BIDDER
The bidder 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 under this Contract. Contractor's License Class
A, or C12 is required for this project.
BID QUANTITIES
The quantities given in the Proposal and Contract form are
approximate, being given as a basis for the comparison of bids only,
and the city does not, expressly or by implication, agree that the
actual amount of work will correspond therewith, but reserves the
right to increase or decrease the amount of any class or portion of
the work, or to omit any portion of the work, as may be deemed
advisable or necessary by the City Engineer.
CITY EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROVISIONS
1. AFFIRMATIVE ACTION PLAN FOR EQUAL EMPLOYMENT OPPORTUNITY
The following provisions pertaining to equal employment
opportunity are incorporated into this Contract. In connection
with performance of work under this Contract, the Contractor
agrees as follows:
a. The Contractor will not discriminate against any employee
or applicant for employment because of race, color, sex,
religion, ancestry or national origin. The Contractor will
SP - 6
1293492.1
take affirmative action to ensure that applicants are
employed, and the employees are treated during employment,
without regard to race, color, sex, religion, ancestry or
national origin. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion
or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of
compensation; and selection for training, including
apprenticeship where applicable.
b. In all advertisements for labor or other personnel, or
requests for employment of any nature, the Contractor shall
state that all qualified applicants will receive
consideration for employment of any nature, the Contractor
shall state that all qualified applicants will receive
consideration for employment without regard to race, color,
sex, religion, ancestry or national origin.
c. In all hiring, the Contractor shall make every effort to
hire qualified workers from all races and ethnic groups.
d. The Contractor shall be responsible for the compilation of
records of the ethnic distribution of the entire project
work force on forms furnished by the Agency. Said forms,
indicating the ethnic distribution of man-hours of work
within the various crafts and trades, shall be filed by
the Contractor with the Agency every thirty (30) days.
e. The Contractor shall send to each labor union or
representative of workers with which it has a collective
bargaining agreement or other contract or understanding, a
notice, to be provided by the Agency, advising the said
labor union or worker's representative of the Contractor's
commitments under this section.
f. The Contractor shall maintain and permit access by the
Agency to records of employment, employment
advertisements, application forms and other pertinent data
and records of the Contractor's own work force and that of
the various subcontractors on the project for the purpose
of investigation to ascertain compliance with this EEO
section.
g. Within ten (10) days after execution of the Contract by
the Agency, the Contractor shall meet the following
standards for affirmative compliance and shall ensure that
each subcontractor on the project will meet these
SP - 7
1293492.1
requirements within ten (10) days after receiving a Notice
to Proceed from the Contractor, unless the Agency provides
for a greater time period:
(1) File with the Agency an Affirmative Action Plan
indicating the steps it will take to encourage and
assist qualified members of minority groups. Such
affirmative action will include statements regarding
recruitment, employment, compensation, promotion or
demotion, and selection for training.
(2) Provide evidence as required by the Agency that it
has notified in writing all subcontractors, the
Contractor's supervisors and other personnel officers
of the content of this EEO section and their
responsibilities under it.
(3) Provide evidence, as required by the Agency that it
has notified in writing all sources of employee
referrals (including, but not limited to, unions,
employment agencies and the State Department of
Employment Development) of the content of this EEO
section.
(4) Notify the Agency in writing of any opposition to this
EEO section by individuals, firms, unions or
organizations.
h. If the Agency has reason to believe that the Contractor or
a subcontractor may have committed a violation of the EEO
section of this Contract or of the California Fair
Employment Practice Act or of any applicable Federal law
concerning equal employment practices on this project, the
Agency will cause written notice to be served on the
Contractor or its representative, and to any subcontractor
involved in such violation. The notice shall set forth
the nature of the violation. Upon the Agency's request,
the Contractor shall meet with representatives of the
Agency in order to determine the means of correcting the
violation and the time period within which the violation
shall be corrected. If, within ten (10) days, the
Contractor or subcontractor has failed or refused to remedy
the violation, the Agency may notify the Fair Employment
Practices Commission and pursue any other remedies, which
may be available under the law.
SP - 8
1293492.1
i. The Contractor shall include the provisions of the
foregoing paragraphs 1a through 1h in every first tier
subcontract and require each subcontractor to bind each
further subcontractor with whom it has a contract to such
provisions, so that such provisions will be binding upon
each subcontractor who performs any of the work required
by the Contract.
2. ANTI-DISCRIMINATION
a. The Contractor certifies and agrees that all persons
employed by the Contractor, its affiliates, subsidiaries
or holding companies are and will be treated equally by
the Contractor without regard to or because of race, color,
sex, religion, ancestry or national origin and in
compliance with State and Federal anti-discrimination
laws. The Contractor further certifies and agrees that it
will deal with its subcontractors, bidders and vendors
without regard to or because of race, color, sex, religion,
ancestry or national origin. The Contractor agrees to
allow access to its employment records during regular
business hours to verify compliance with the foregoing
provisions when so requested by the City.
b. The Contractor specifically recognizes and agrees that if
the City finds that any of the foregoing provisions have
been violated, the same shall constitute a material breach
of Contract upon which the City may determine to cancel,
terminate or suspend the Contract. While the City reserves
the right to determine individually that the anti-
discrimination provisions of the Contract have been
violated, in addition a determination by the California
Fair Employment Practices Commission or the Federal Equal
Employment Opportunity Commission that the Contractor has
violated State or Federal anti-discrimination laws shall
constitute a finding by the City that the Contractor has
violated the anti-discrimination provisions of the
Contract.
c. At its option, and in lieu of canceling, terminating or
suspending the Contract, the City may impose damages for
any violation of the anti-discrimination provisions of this
section, in the amount of two hundred ($200.00) for each
violation found and determined. The City and the
Contractor specifically agree that the aforesaid amount
shall be imposed as liquidated damages, and not as a
forfeiture or penalty. It is further specifically agreed
SP - 9
1293492.1
that the aforesaid amount is presumed to be the amount of
damages sustained by reason of any such violation, because,
from the circumstances and the nature of the violation, it
is impracticable and extremely difficult to fix actual
damages.
1293492.1
PART IV
TECHNICAL PROVISIONS
No. GE2202
* *
City of Diamond Bar
Community Development Department
APPROVED
Planning
Building
PW/Engineering
Description
Date
Date
Date
Planning Case #
This set of plans and specifications MUST be kept
on the job at all times and is unlawful to make any
changes or alterations on the same without
stamped/written permission from the Community
Development Department. The stamping of this
plan and specifications Shall NOT be held to
permit or to be an approval of the violation of any
provisions of any City ordinance or State law. All
conditions of approval shall be met without
change or alteration.
PERMIT # PR 2022-665 FOR THE CANYON LOOP TRAIL IMPROVEMENTS
Parks & Recreation Date
5/27/22
5/27/22
Canopy structures
under separate
submittal/permit.DRAFT6/1/22
RMRA Measure M R Local Return Gas Tax
eet Rehab.- Area 1a, 1b, 2 (Design)
n)
ntain Laurel)
anyon to Lemon)
to BCY)
82,779$ 82,779$
om Pathfinder to Mountain Laurel Way) (Const.)1,200,000$ 1,200,000$
eet Rehab - Area 1 (Const.)2,000,000$ 925,000$ 850,000$ 89,0 $
en Springs from Brea Canyon to Lemon Ave.) (Const.)900,000$ 500,000$
mp Project (Const.)177,855$
nt Projects 4,360,634$ 1,700,000$ 1,007,779$ 850,000$ 89,0 $
250-5510-46412)
Project Description Total FY Budget (109) Measure
M
(111)
Gas Tax
(112)
Prop A
(113)
Prop C
Sign and HSL Replacement (Design)50,000$ 50,000$
Sign and HSL Replacement (Construction)350,000$ 350,000$
al 11 Locations (Design and Construction)380,000$ 90,000$ 100,000$ 190,0 $
780,000$ 350,000$ 140,000$ 100,000$ 190,0 $
ments (250-5510-46413)
Project Description Total FY Budget (113)
Prop C
Foothill Transit
Grant
60,000$ 60,000$
SD/Calbourne 40,000$ 40,000$
nfrastructure Improvements 100,000$ 60,000$ 40,000$
0-5510-46420)
Project Description Total FY Budget (107) Measure
W
(108)
RMRA
(109)
Measure M
(113)
Prop C
ovements-Phase 3 (Flapjack-Design)65,000$ 65,000$
No. GE2202
* * DRAFTRMRA Measure M R Local Return Gas Tax
eet Rehab.- Area 1a, 1b, 2 (Design)
n)
ntain Laurel)
anyon to Lemon)
to BCY)
82,779$ 82,779$
om Pathfinder to Mountain Laurel Way) (Const.)1,200,000$ 1,200,000$
eet Rehab - Area 1 (Const.)2,000,000$ 925,000$ 850,000$ 89,0 $
en Springs from Brea Canyon to Lemon Ave.) (Const.)900,000$ 500,000$
mp Project (Const.)177,855$
nt Projects 4,360,634$ 1,700,000$ 1,007,779$ 850,000$ 89,0 $
250-5510-46412)
Project Description Total FY Budget (109) Measure
M
(111)
Gas Tax
(112)
Prop A
(113)
Prop C
Sign and HSL Replacement (Design)50,000$ 50,000$
Sign and HSL Replacement (Construction)350,000$ 350,000$
al 11 Locations (Design and Construction)380,000$ 90,000$ 100,000$ 190,0 $
780,000$ 350,000$ 140,000$ 100,000$ 190,0 $
ments (250-5510-46413)
Project Description Total FY Budget (113)
Prop C
Foothill Transit
Grant
60,000$ 60,000$
SD/Calbourne 40,000$ 40,000$
nfrastructure Improvements 100,000$ 60,000$ 40,000$
0-5510-46420)
Project Description Total FY Budget (107) Measure
W
(108)
RMRA
(109)
Measure M
(113)
Prop C
ovements-Phase 3 (Flapjack-Design)65,000$ 65,000$
No. GE2202 * * 16755 Von Karman, Suite 150, Irvine, CA 92606 | 949.474.2330 | adams-streeter.comSTATIONDRAFTRMRAMeasure MR Local ReturnGas Tax eet Rehab.- Area 1a, 1b, 2 (Design)n)ntain Laurel) anyon to Lemon) to BCY)82,779$ 82,779$ om Pathfinder to Mountain Laurel Way) (Const.)1,200,000$ 1,200,000$ eet Rehab - Area 1 (Const.)2,000,000$ 925,000$ 850,000$ 89,0 $ en Springs from Brea Canyon to Lemon Ave.) (Const.)900,000$ 500,000$ mp Project (Const.)177,855$ nt Projects4,360,634$ 1,700,000$ 1,007,779$ 850,000$ 89,0 $ 250-5510-46412)Project DescriptionTotal FY Budget(109) Measure M(111)Gas Tax (112) Prop A(113) Prop C Sign and HSL Replacement (Design)50,000$ 50,000$ Sign and HSL Replacement (Construction)350,000$ 350,000$ al 11 Locations (Design and Construction)380,000$ 90,000$ 100,000$ 190,0 $ 780,000$ 350,000$ 140,000$ 100,000$ 190,0 $ ments (250-5510-46413) Project DescriptionTotal FY Budget(113) Prop CFoothill Transit Grant60,000$ 60,000$ SD/Calbourne 40,000$ 40,000$ nfrastructure Improvements100,000$ 60,000$ 40,000$ 0-5510-46420) Project DescriptionTotal FY Budget(107) Measure W(108)RMRA(109) Measure M (113) Prop Covements-Phase 3 (Flapjack-Design)65,000$ 65,000$ 6/1/2022
No. GE2202 * * 16755 Von Karman, Suite 150, Irvine, CA 92606 | 949.474.2330 | adams-streeter.comSTATIONSTATIONDRAFTRMRAMeasure MR Local ReturnGas Tax eet Rehab.- Area 1a, 1b, 2 (Design)n)ntain Laurel) anyon to Lemon) to BCY)82,779$ 82,779$ om Pathfinder to Mountain Laurel Way) (Const.)1,200,000$ 1,200,000$ eet Rehab - Area 1 (Const.)2,000,000$ 925,000$ 850,000$ 89,0 $ en Springs from Brea Canyon to Lemon Ave.) (Const.)900,000$ 500,000$ mp Project (Const.)177,855$ nt Projects4,360,634$ 1,700,000$ 1,007,779$ 850,000$ 89,0 $ 250-5510-46412)Project DescriptionTotal FY Budget(109) Measure M(111)Gas Tax (112) Prop A(113) Prop C Sign and HSL Replacement (Design)50,000$ 50,000$ Sign and HSL Replacement (Construction)350,000$ 350,000$ al 11 Locations (Design and Construct
ion)380,000$ 90,000$ 100,000$ 190,0 $ 780,000$ 350,000$ 140,000$ 100,000$ 190,0 $ ments (250-5510-46413) Project DescriptionTotal FY Budget(113) Prop CFoothill Transit Grant60,000$ 60,000$ SD/Calbourne 40,000$ 40,000$ nfrastructure Improvements100,000$ 60,000$ 40,000$ 0-5510-46420) Project DescriptionTotal FY Budget(107) Measure W(108)RMRA(109) Measure M (113) Prop Covements-Phase 3 (Flapjack-Design)65,000$ 65,000$ 6/1/2022
No. GE2202 * * 16755 Von Karman, Suite 150, Irvine, CA 92606 | 949.474.2330 | adams-streeter.comDRAFTRMRAMeasure MR Local ReturnGas Tax eet Rehab.- Area 1a, 1b, 2 (Design)n)ntain Laurel) anyon to Lemon) to BCY)82,779$ 82,779$ om Pathfinder to Mountain Laurel Way) (Const.)1,200,000$ 1,200,000$ eet Rehab - Area 1 (Const.)2,000,000$ 925,000$ 850,000$ 89,0 $ en Springs from Brea Canyon to Lemon Ave.) (Const.)900,000$ 500,000$ mp Project (Const.)177,855$ nt Projects4,360,634$ 1,700,000$ 1,007,779$ 850,000$ 89,0 $ 250-5510-46412)Project DescriptionTotal FY Budget(109) Measure M(111)Gas Tax (112) Prop A(113) Prop C Sign and HSL Replacement (Design)50,000$ 50,000$ Sign and HSL Replacement (Construction)350,000$ 350,000$ al 11 Locations (Design and Construction)380,000$ 90,000$ 100,000$ 190,0 $ 780,000$ 350,000$ 140,000$ 100,000$ 190,0 $ ments (250-5510-46413) Project DescriptionTotal FY Budget(113) Prop CFoothill Transit Grant60,000$ 60,000$ SD/Calbourne 40,000$ 40,000$ nfrastructure Improvements100,000$ 60,000$ 40,000$ 0-5510-46420) Project DescriptionTotal FY Budget(107) Measure W(108)RMRA(109) Measure M (113) Prop Covements-Phase 3 (Flapjack-Design)65,000$ 65,000$ 6/1/2022
No. GE2202
* *
4"±
LEGEND
1 COMPACTED NATIVE SOIL
2
3
90% COMPACTED NATIVE SUB GRADE.
FINISH GRADE.
SLOPE
2% MIN.
1
2
3
NATIVE SOIL PAVING8 NTS
FAX:(714) 245-9275
PHONE: (714) 245-9270
SANTA ANA, CA 92705
2001 EAST FIRST STREET, SUITE 160
1
TREAD
WIDTH
36"33"3"12"
7"33"3"12"36"LEGEND
1 1 1/4" DIA. SCHEDULE 40 GALV.STEEL PIPE HANDRAIL. ANY FIELD
WELDS SHALL BE SPRAYED WITH COLD GALV. SPRAY. ALL HANDRAILS
TO HAVE A GALV FINISH. ANY WELD OR SCARS SHALL BE SPRAYED
WITH COLD GALV. SPRAY
2
3
4
CONCRETE FOOTING
6"X8" TIMBER STEP - REFER TO DETAIL 3, THIS SHEET
1 1/4" DIA SCHEDULE 40 GALV. STEEL VERTICAL SUPPORT
WELDED TO HANDRAIL. VERTICAL SUPPORT TO BE
PROVIDED AT EVERY FIFTH STEP. ALL WELDS OR SCARS
SHALL BE SPRAYED WITH COLD GALV. SPRAY.
1
2
4
3
2 3'-0"8"6"6"LEGEND
1 6"x 8" PRESSURE TREATED LANDSCAPE TIE.
WIDTH AS SHOWN ON PLAN
6"x 8" PRESSURE TREATED LANDSCAPE TIE.
WIDTH AS SHOWN ON PLAN
2
3
4
#4 REBAR.
STEP TREAD TO BE 4" DEPTH, 90% COMPACTED
D.G. WITH TECHNISOIL BINDER.
90% COMPACTED SUBGRADE.
1
3
42
2
HANDRAIL AT TIMBER STEPS 2 3 LANDSCAPE TIE STEPS4NTS NTS
NTS5
TRAIL
DISTANCE 1.6 MILES
ELEVATION 1216
2' SQ3"18"2'-6"16 12"18 34"1'-6"
11 1
4"
R21-1
2"
LEGEND
1 2" SQ. X .125 MILD STL. POST
2
3
4
3/8" THK. MILD STL. PLATE CENTERED ON 2" SQ. POST
2" SQ. X .125 MILD STL. CAP
MILD STL. PANEL
5 IMAGE CUT THRU & THRU
6 CONTINUES WELDED JOINT ALL 4 EDGES
1
1
2
3
4
5
6
7
8
3-3/4" LETTERING CUT THRU & THRU
1" LETTERING CUT THRU & THRU
9 FINISH GRADE
10 CONCRETE FOOTING
10
9
8
7
ELEVATION
PLAN VIEW
1. CUSTOM DECORATIVE PANEL TO
BE FABRICATED FROM (3/8" THK.)
MILD STL. PLATE, CUT BY LASER
OR WATER JET. CONTACT MR.
FRANK FIORE WITH BRAVO SIGN &
DESIGN AT (714) 284-0500 FOR
AVAILABILITY.
NOTE:
TRAIL MARKER SIGN
24 3/16"15 15/16"17 1/2"30"24"12"
DIA.
48"
LEGEND
1 3"x4" RECYCLED PLASTIC (NOM.) & PROFILED
SLATS. REDWOOD COLOR
2
3
3" SQ. x 14" W. STL. TUBE SUPPORT POST.
FINISHED GRADE
DUMOR, INC.
MODEL #88-40PL
ISO
SECTION
1
1
2
3
2
BENCH7 NTS
KEY NOTES
CLEAR PLANT MATERIAL TO 2' SET BACK FROM TRAIL EDGE.
COMPACTED NATIVE SUBGRADE.
90% COMPACTED NATIVE SOIL. (TRAIL FINISH)
FINISH GRADE @ ADJACENT PLANTING AREA.
TRIM ALL OVER HANGING TREE LIMBS UP TO A 9' MINIMUM CANOPY
OVER TRAIL.
FINISH GRADE.9'5'-0"
4' TO 6' VARIES
5'-0"
4
3
2
1
5
6
1
3
4
2
5
6
NTS6TRAIL CLEARING
MIDPOINT
TYP.@ 6'
STEPS
15" TYP.6"15"
4 'OR 6' SEE PLAN
TYP.
TYP.
TYP. EACH RISER
4'-0" AND 6'-0"15"TYP.TOP
12"TREADWIDTH+ 12"12' MAX. VERTICAL RISELEGEND
1 NATIVE BACKFILL COMPACTED TO 90% MIN.
2
3
4
4" DEPTH 90% COMPACTED D.G. WITH TECHNISOIL
BINDER.AT TREADS
24" MIN. #4 REBAR IN PRE-DRILLED HOLES
FINISH GRADE.
5 NATIVE SUBGRADE.
6
7
8
6"x8" TREATED TIMBER STEPS.
6"x8" TREATED TIMBER EDGE.
1/2" DIA. X 12" LONG LAG BOLT FOR A
HORIZONTAL ATTACHMENT FROM THE STAIR
RISER TO THE RETURN. EACH END EACH RISER.
1
6
5
4
1
2
3
SECTION
ISOMETRIC
LEGEND
1 6" x 8" TIMBER STEPS. SEE
DETAIL 1 THIS SHEET
2
3
4
90% COMPACTED NATIVE SOIL.
1 1/4" DIA. STEEL HANDRAIL,
HANDRAIL TO BE INSTALLED AT
STAIRS GREATER THAN 5
RISERS. - REFER TO DETAIL 1,
THIS SHEET
TRAIL EDGE. REFER TO
CONSTRUCTION PLAN FOR
WIDTHS OF TRAIL AT VARIOUS
LOCATIONS.
5 6" x 8" TIMBER STEPS. DETAIL
1 SHEET THIS SHEET
7
8
5
7
5
4
1
2
3
NTSTIMBER STEPS NTSTIMBER STEPS PLAN VIEW
DRAFTRMRA Measure M R Local Return Gas Tax
eet Rehab.- Area 1a, 1b, 2 (Design)
n)
ntain Laurel)
anyon to Lemon)
to BCY)
82,779$ 82,779$
om Pathfinder to Mountain Laurel Way) (Const.)1,200,000$ 1,200,000$
eet Rehab - Area 1 (Const.)2,000,000$ 925,000$ 850,000$ 89,0 $
en Springs from Brea Canyon to Lemon Ave.) (Const.)900,000$ 500,000$
mp Project (Const.)177,855$
nt Projects 4,360,634$ 1,700,000$ 1,007,779$ 850,000$ 89,0 $
250-5510-46412)
Project Description Total FY Budget (109) Measure
M
(111)
Gas Tax
(112)
Prop A
(113)
Prop C
Sign and HSL Replacement (Design)50,000$ 50,000$
Sign and HSL Replacement (Construction)350,000$ 350,000$
al 11 Locations (Design and Construction)380,000$ 90,000$ 100,000$ 190,0 $
780,000$ 350,000$ 140,000$ 100,000$ 190,0 $
ments (250-5510-46413)
Project Description Total FY Budget (113)
Prop C
Foothill Transit
Grant
60,000$ 60,000$
SD/Calbourne 40,000$ 40,000$
nfrastructure Improvements 100,000$ 60,000$ 40,000$
0-5510-46420)
Project Description Total FY Budget (107) Measure
W
(108)
RMRA
(109)
Measure M
(113)
Prop C
ovements-Phase 3 (Flapjack-Design)65,000$ 65,000$
No. GE2202
* *
FAX:(714) 245-9275
PHONE: (714) 245-9270
SANTA ANA, CA 92705
2001 EAST FIRST STREET, SUITE 160
NTSTRAIL EDUCATIONAL SIGN1
NTSSTEEL FENCE POST / WOOD RAIL FENCE2
5'-0"
NATURAL
SOILT RAIL
2'-0"3'-6"2'3'-6"2'1"ELEVATION
SECTION12"18"8'-0"
MAXIMUM SPACING
LEGEND
1 5 1
2" STEEL FENCE STUDDED T-POST
2
3
2" X 6" PRESSURE TREATED DOUGLAS FIR RAILS (2)
DRIVE POST INTO NATIVE SOIL
4 USE 3 INCH DECK SCREWS (TYPICAL)
1
1
1
1
2
2
2
2
2
3
3
4
SECTION
DRIVE POST INTO NATIVE SOIL
DRAFTRMRA Measure M R Local Return Gas Tax
eet Rehab.- Area 1a, 1b, 2 (Design)
n)
ntain Laurel)
anyon to Lemon)
to BCY)
82,779$ 82,779$
om Pathfinder to Mountain Laurel Way) (Const.)1,200,000$ 1,200,000$
eet Rehab - Area 1 (Const.)2,000,000$ 925,000$ 850,000$ 89,0 $
en Springs from Brea Canyon to Lemon Ave.) (Const.)900,000$ 500,000$
mp Project (Const.)177,855$
nt Projects 4,360,634$ 1,700,000$ 1,007,779$ 850,000$ 89,0 $
250-5510-46412)
Project Description Total FY Budget (109) Measure
M
(111)
Gas Tax
(112)
Prop A
(113)
Prop C
Sign and HSL Replacement (Design)50,000$ 50,000$
Sign and HSL Replacement (Construction)350,000$ 350,000$
al 11 Locations (Design and Construction)380,000$ 90,000$ 100,000$ 190,0 $
780,000$ 350,000$ 140,000$ 100,000$ 190,0 $
ments (250-5510-46413)
Project Description Total FY Budget (113)
Prop C
Foothill Transit
Grant
60,000$ 60,000$
SD/Calbourne 40,000$ 40,000$
nfrastructure Improvements 100,000$ 60,000$ 40,000$
0-5510-46420)
Project Description Total FY Budget (107) Measure
W
(108)
RMRA
(109)
Measure M
(113)
Prop C
ovements-Phase 3 (Flapjack-Design)65,000$ 65,000$
No. GE2202
* *
FAX:(714) 245-9275
PHONE: (714) 245-9270
SANTA ANA, CA 92705
2001 EAST FIRST STREET, SUITE 160
HORIZONTAL TIES TYPICALLY 3'-6" TO 4'-6"±2'-0"ØFTG. & COLUMNFTG. & COLUMN
3/4"Ø A.B.'S
VERTICAL REINFORCING
TOP OF SURFACE
TYPICALLY
8" (MIN.)
EDGE OF PIER
TO EDGE OF SLAB
ACTUAL DESIGN WILL VARY DUE TO
BUILDING CODE REQUIREMENTS AND
MAY BE SUBSTANTIALLY LARGER
8'-0" OUT/OUT OF ROOF8'-0" OUTSIDE OF ROOF 14" IN/IN OF COLUMNS12
4
18.434
9
5
°6'-514" CTR./CTR. OF FRAMES & PIERS6'-0" (MIN.) OUTSIDE OF DG PAD
2'-0"4'-0"9 12"9 12"LIMITS OF DG PAD - VARIES, SEE
CONSTRUCTION PLAN FOR SIZE
6'-0"EQBENCH FACING
FORWARD EQ8'-6"DRAFTRMRA Measure M R Local Return Gas Tax
eet Rehab.- Area 1a, 1b, 2 (Design)
n)
ntain Laurel)
anyon to Lemon)
to BCY)
82,779$ 82,779$
om Pathfinder to Mountain Laurel Way) (Const.)1,200,000$ 1,200,000$
eet Rehab - Area 1 (Const.)2,000,000$ 925,000$ 850,000$ 89,0 $
en Springs from Brea Canyon to Lemon Ave.) (Const.)900,000$ 500,000$
mp Project (Const.)177,855$
nt Projects 4,360,634$ 1,700,000$ 1,007,779$ 850,000$ 89,0 $
250-5510-46412)
Project Description Total FY Budget (109) Measure
M
(111)
Gas Tax
(112)
Prop A
(113)
Prop C
Sign and HSL Replacement (Design)50,000$ 50,000$
Sign and HSL Replacement (Construction)350,000$ 350,000$
al 11 Locations (Design and Construction)380,000$ 90,000$ 100,000$ 190,0 $
780,000$ 350,000$ 140,000$ 100,000$ 190,0 $
ments (250-5510-46413)
Project Description Total FY Budget (113)
Prop C
Foothill Transit
Grant
60,000$ 60,000$
SD/Calbourne 40,000$ 40,000$
nfrastructure Improvements 100,000$ 60,000$ 40,000$
0-5510-46420)
Project Description Total FY Budget (107) Measure
W
(108)
RMRA
(109)
Measure M
(113)
Prop C
ovements-Phase 3 (Flapjack-Design)65,000$ 65,000$
1293492.1
PART V
ENVIRONMENTAL REPORTS
5 Hutton Centre Drive, Suite 500 | Santa Ana, CA 92707
Office: 949.472.3505 | Fax: 949.472.8373 | mbakerintl.com MBAKERINTL.COM
JN 178669 July 22, 2022
U.S. DEPARTMENT OF THE INTERIOR, FISH AND WILDLIFE SERVICE
Attn: Carol Roberts, Division Supervisor
Carlsbad Fish and Wildlife Office
2177 Salk Avenue, Suite 250
Carlsbad, California 92008
SUBJECT: Coastal California Gnatcatcher Avoidance and Minimization Strategy for the
Canyon Loop Trail Improvement Project – City of Diamond Bar, Los Angeles
County, California
Dear Ms. Roberts:
Michael Baker International (Michael Baker) is writing to the U.S. Fish and Wildlife Service (USFWS) to
seek concurrence that the proposed avoidance and minimization strategy as described in this memo is
adequate to offset potential impacts related to the Canyon Loop Trail Improvement Project (project) on the
federally threatened coastal California gnatcatcher (CAGN; Polioptila californica californica). This memo
will discuss the project and its goals, results of focused CAGN surveys conducted on-site in 2020,
anticipated project impacts, and summarize proposed mitigation and avoidance and minimization measures.
Project Location
The project is generally located south of State Route 60, east of State Route 57, north of Grand Avenue,
and west of Chino Hills Parkway in the City of Diamond Bar, Los Angeles County, California. The project
is depicted in Sections 11, 14, and 15 of Township 2 South, Range 9 West, on the U.S. Geological Survey’s
(USGS) San Dimas, California 7.5-minute quadrangle (refer to Figure 1, Regional and Site Vicinity, in
Attachment A). Specifically, the project is located along the existing Canyon Loop Trail within
Summitridge Park (refer to Figure 2, Project Site, in Attachment A).
Project Description
The City of Diamond Bar proposes to implement a series of improvements to the existing Canyon Loop
Trail. The intent of the project is primarily to realign the trail, improve drainage to minimize erosion of the
trail, enhance the use of the trail where the gradients are steep, re-grade cross slopes, and consider amenities
such as directional and interpretive signage, rest areas with benches, small shade shelters, climbing steps
with cobblestone swale channelization, and water diverting improvements where necessary (refer to Figure
3, Initial Conceptual Design, in Attachment A). Such trail improvements will reward hikers and visitors
with 360-degree views of open space. Although the trail will be widened as necessary to ensure a consistent
five-foot width, the existing trail is not a high-usage amenity, and post-project conditions are not expected
to increase the average numbers of daily trail users.
Canyon Loop Trail Improvement Project 2
Coastal California Gnatcatcher Memo
2020 Coastal California Gnatcatcher Protocol Surveys
Protocol surveys for CAGN were conducted along, and in areas of suitable habitat within 500 feet of, the
existing Canyon Loop Trail in 2020. A total of six (6) surveys were conducted by Michael Baker biologists
Ryan Winkleman (USFWS recovery permit TE-88331A-2, California Department of Fish and Wildlife
scientific collecting permit SC-182750017), Ashley Spencer, and Tom Millington between May 26 and
July 1, 2020. The surveys followed the CAGN guidelines described in the USFWS protocol Coastal
California Gnatcatcher (Polioptila californica californica) Presence/Absence Survey Guidelines, February
28, 1997 (USFWS 1997).
At least five (5) CAGN territories were mapped during the 2020 focused surveys (refer to Attachment B). The
surveyors found four (4) nests in two (2) of these territories during the surveys, one (1) of which successfully led
to chicks fledging during the six-week survey period. Of the minimum five territories, four (4) of the territories
had fledgling chicks at some point during the survey effort. The boundaries of Territories 3 and 5 expanded over
time due to post-breeding dispersal, with Territory 5 potentially undergoing two separate instances of dispersal to
two areas where no CAGN had been previously detected. Many of the territories were directly adjacent to, crossed
over, or were at least in close proximity to proposed trail improvement areas. Of the nests that were found, the
closest nest (CAGN Territory 2 Nest #1) was approximately 70 feet from the Canyon Loop Trail. Biologists found
three separate nests in this territory during the survey effort, all of which failed.
Focused surveys for CAGN on behalf of this project were not conducted in either 2021 or 2022. However,
according to records in the eBird database, this species has been documented at this location as recently as June
2022 (eBird 2022).
Project Impacts
The project will result in the permanent removal of vegetated habitat directly adjacent to the existing trail (refer
to Figure 4, Final Project Impacts, in Attachment A). However, in most areas, the trail is already generally wide
enough for the project’s goals, resulting in minimal need for additional widening and very minimal disturbance
to surrounding vegetation. Acreages of habitats that are suitable for CAGN and that will be permanently lost as a
result of this project are displayed in Table 1.
Table 1: Impacts to California Gnatcatcher Habitat
Vegetation Communities Permanent Impacts (acres)*
California Sagebrush – Black Sage Scrub 0.009
Disturbed California Sagebrush – Black Sage Scrub 0.128
Coast Prickly Pear Scrub1 0.050
TOTAL* 0.187
1 State Rarity Rank S3 Sensitive Natural Community (California Department of Fish and Wildlife [CDFW] 2021).
*Total may not equal to sum due to rounding.
The project may also result in general disturbance to birds, if present. Because of the existing use of the trail, it is
unlikely that any birds would nest within the impact/removal area. In addition, because of the very small and
generally very narrow amount of vegetation that is to be removed, which will in turn be spread out over
Canyon Loop Trail Improvement Project 3
Coastal California Gnatcatcher Memo
approximately 0.4 mile and with the presence of suitable vegetation that is located along the entire trail and in the
vicinity, direct injury or mortality are considered to be extremely unlikely. Individual birds are most likely to be
directly affected through avoidance of particular areas where the construction crew may be actively working, but
because the on-site population was documented to be using relatively large territories compared to the impact
areas, it is unlikely that any bird(s) would be flushed into a neighboring territory or otherwise unfamiliar area
where adverse impacts or interactions could occur. The general effect on individual birds is expected to be very
minimal.
Proposed Avoidance and Minimization
The City of Diamond Bar has committed to the following avoidance and minimization strategy to reduce
the potential for direct impacts on CAGN.
Avoidance of CAGN Nesting Period
To reduce potential impacts to CAGN in areas surrounding the project site, the project’s construction schedule
has been adjusted to completely avoid the CAGN nesting period. According to the project’s schedule, construction
would begin in September 2022 and end in January 2023, falling outside of the CAGN nesting period and
avoiding any impacts to breeding birds or their young.
Mitigation Monitoring and Reporting Program
As part of the project’s approved Mitigation Monitoring and Reporting Program (MMRP) associated with its
Mitigated Negative Declaration (MND), several avoidance and minimization measures (AMMs) were included
to reduce impacts to biological resources. The following AMM applies specifically to CAGN and would only
apply if the project’s construction schedule cannot be met:
BIO-3: If project-related construction activities are initiated during the nesting season for CAGN
and cactus wren (CACW; Campylorhynchus brunneicapillus) (February 15th through
September 15th), a nesting bird clearance survey shall be conducted within seven days
prior to the start of construction within a 500-foot buffer of the project site. The survey
shall be conducted by a qualified biologist with demonstrable experience identifying
CAGN and CACW nesting behavior and finding their nests, and who has been approved
by the USFWS to conduct a CAGN survey. If an active CAGN or CACW nest is found
during the survey, no project-related construction shall be allowed within 500 feet of an
active CAGN nest or 300 feet of an active CACW nest, or within an alternative safe
distance as determined by the qualified biologist based on topography, visual shielding,
nest progress, and the type of construction and associated disturbance, until the active nest
has been determined by the qualified biologist to have failed or to have successfully gone
to completion (i.e., the nestlings have fledged and are no longer reliant on the nest). Results
of the nesting bird clearance survey shall be compiled in a memorandum and submitted to
the City and the USFWS for project records.
Canyon Loop Trail Improvement Project 4
Coastal California Gnatcatcher Memo
Additional Avoidance and Minimization Measures
The City of Diamond Bar has committed to the following additional AMMs, separate from the MND and MMRP,
to further protect CAGN:
AMM-1: Prior to initiating project activities, a qualified biologist shall prepare and present a
Workers Environmental Awareness Program (WEAP) training for all contractors,
subcontractors, and workers expected to be on-site throughout the entire construction
period. The WEAP shall include a brief review of any special-status species, including
habitat requirements and where they might be found, and other sensitive biological
resources that could occur in and adjacent to the project (e.g., vegetation). The WEAP shall
also include a brief discussion of regulatory protections and consequences for violating
environmental laws.
AMM-2: Prior to initiating project activities, the construction contractor shall utilize fencing,
flagging, signage, or another relatively unintrusive method of delineating the boundaries
of the areas to be cleared so as to minimize, to the extent possible, the amount of overreach
during vegetation removal and confine removals to only approved areas. A qualified
biologist shall inspect and approve the boundaries no earlier than 48 hours prior to the start
of construction and no later than the morning of the start of construction.
Project Construction Methods
To further minimize construction disturbance, the City of Diamond Bar has committed to pursuing contractor
bids that utilize pedestrian/foot crews, with up to one (1) piece of heavy equipment, a Bobcat skid-steer loader.
The project’s Request for Proposal (RFP) has not yet been released but will stipulate that only those bids that
incorporate these terms will be considered.
Habitat Mitigation
The California Department of Fish and Wildlife (CDFW) reviewed the project’s MND and provided a comment
letter to the City of Diamond Bar on November 13, 2020. Comment #2 required that the City of Diamond Bar
mitigate the permanent loss of sensitive vegetation communities as described in the California Natural
Community List (CDFW 2021). Of the on-site vegetation communities that could support CAGN, coast prickly
pear scrub is considered a sensitive (S3) community by the CDFW requiring mitigation. To comply with this
request, Michael Baker contacted the nearby Soquel Canyon Mitigation Bank (SCMB) on behalf of the City of
Diamond Bar to determine if mitigation credits for the loss of 0.050 acre of coast prickly pear scrub were available.
The SCMB does not have any remaining credits to mitigate for the loss of this community. As a result, the City
of Diamond Bar has agreed to mitigate for the loss of coast prickly pear scrub through on-site restoration and
enhancement at an anticipated 5:1 ratio (subject to pending negotiations with CDFW). Separate from this, the
City of Diamond Bar has designed the project to block/fence extraneous trail sections to minimize uncontrolled
access by recreationists and to encourage trail users to only use the approved and intended trail. As part of the
proposed on-site mitigation, the blocked trail section would be restored with coast prickly pear scrub not only as
part of the acreage fulfillment, but also to serve as deterrence against future trespassing.
Canyon Loop Trail Improvement Project 5
Coastal California Gnatcatcher Memo
Conclusion
The proposed project will result in a very minor habitat modification of 0.187 acre of occupied CAGN habitat
along the existing Canyon Loop Trail in Summitridge Park in the City of Diamond Bar. The project consists of
various trail improvements, but in general will result in the existing trail being widened a total of 1-2 feet where
the trail is not already wide enough. The City of Diamond Bar proposes an avoidance and minimization strategy
to reduce impacts to CAGN, as summarized below:
The project will be scheduled for construction between September 2022 and January 2023, outside of the
CAGN nesting season and during a time when hatch year birds should be independent and no longer as
vulnerable as when they first fledge from the nest.
Should construction be delayed and occur after February 15th, 2023, nesting bird clearance surveys
focusing on CAGN and incorporating spatial avoidance of any active nests will be required.
A WEAP describing sensitive biological resources will be presented to all construction personnel.
The project will be required to delineate all trail-widening boundaries to avoid or minimize any overreach
during vegetation removal.
The City of Diamond Bar has committed to using a maximum of one Bobcat skid-steer loader and
otherwise all foot crews for construction work.
A portion of the habitat that will be lost, 0.050 acre classified as coast prickly pear scrub will be mitigated
on-site at an anticipated ratio of 5:1 (subject to pending negotiations with CDFW).
Existing extraneous trail areas will be fenced, closed to public access, and planted with coast prickly pear
scrub to fulfill mitigation requirements and deter future trespassers.
Michael Baker seeks concurrence from the USFWS that the proposed avoidance and minimization strategy as
outlined above will reduce the level of impacts to CAGN and its habitat to below a level of significance to the
point where the project is not expected to require an Incidental Take Permit (ITP) or any form of Habitat
Conservation Plan. Michael Baker’s determination that an ITP under Section 10(a)(1)(B) of the Endangered
Species Act is not necessary is based on review and evaluation of the criteria included in the 2018 USFWS
Memorandum FWS/AES/067974, Guidance on trigger for an incidental take permit under section 10 (a)(1)(B)
of the Endangered Species Act where occupied habitat or potentially occupied habitat is being modified.1
Please do not hesitate to contact me at (949) 533-0918 or ryan.winkleman@mbakerintl.com should you have any
questions or require further information.
Sincerely,
Ryan Winkleman
Senior Biologist
Natural Resources and Regulatory Permitting
1 https://www.fws.gov/sites/default/files/documents/guidance-on-when-to-seek-an-incidental-take-permit.pdf
Canyon Loop Trail Improvement Project 6
Coastal California Gnatcatcher Memo
Attachments:
A. Project Figures
B. 2020 Focused Survey Report
C. References
Attachment A
Project Figures
Regional and Site Vicinity
Figure 1
°0 10.5
Miles6/17/2022 JN \\IRVICA1FS1.bkr.mbakercorp.com\HROOT\pdata\178669\GIS\MXD\CAGN Memo\Fig 01 Regional and Site Vicinity.mxd RPLegend
Project Site
CANYON LOOP TRAIL IMPROVEMENT PROJECT
COASTAL CALIFORNIA GNATCATCHER MEMO
Source: USGS 7.5-Minute topographic quadrangle maps: Ontario, Prado Dam, San Dimas, and Yorba Linda, California (2018)
^
Project Location
Dare CtPeakCtWynnewoodDr
SummitridgeDrProject Site6/22/2022 JN H:\pdata\178669\GIS\MXD\CAGN Memo\Fig 02 Project Site.mxd RPSource: Nearmap, 2020 Figure 2
0 220110
Feet
CANYON LOOP TRAIL IMPROVEMENT PROJECT
COASTAL CALIFORNIA GNATCATCHER MEMO
°
Legend
Canyon Loop Trail
Impact Area (0.41 acre)
!>Reference Point
Dare CtInitial Conceptual Design6/17/2022 JN \\IRVICA1FS1.bkr.mbakercorp.com\HROOT\pdata\178669\GIS\MXD\CAGN Memo\Fig 03 Initial Conceptual Design.mxd RPSource: Richard Fisher Associates, 2019 Figure 3
CANYON LOOP TRAIL IMPROVEMENT PROJECT
COASTAL CALIFORNIA GNATCATCHER MEMO
!(
!(
!(
!(
!>
!>
Nest #1
Nest #2
Nest #3
Nest #1
34.004845-117.796461
34.001339-117.802862
Final Project Impacts6/22/2022 JN H:\pdata\178669\GIS\MXD\CAGN Memo\Fig 04 Final Project Impacts.mxd RPSource: Nearmap, 2020 Figure 4
0 15075
Feet
CANYON LOOP TRAIL IMPROVEMENT PROJECT
COASTAL CALIFORNIA GNATCATCHER MEMO
°
Legend
Final Project Design
50-foot Buffer
Vegetation Communities
(Acres in Impact Area)
California Sagebrush -
Black Sage Scrub
(0.01 acre)
Coast Live Oak
Woodland and Forest
(0.01 acre)
Coast Prickly Pear
Scrub (0.05 acre)
Disturbed California
Sagebrush - Black
Sage Scrub
(0.13 acre)
Scrub Oak Chaparral
(0.01 acre)
2020 Survey Results
CAGN Territories
Territory #2
Territory #3
Territory #3
(Post-breeding
Dispersal)
Territory #4
Territory #5
CAGN Nests
!(Successful Nest
!(Failed Nest
!>Reference Point
Attachment B
2020 Focused Survey Report
August 7, 2020 178669
City of Diamond Bar
Contact: Mr. Ryan Wright
21810 Copley Drive
Diamond Bar, CA 91765
SUBJECT: Results of Coastal California Gnatcatcher and Cactus Wren Focused Surveys for the
Canyon Loop Trail Improvement Project in the City of Diamond Bar, Los Angeles
County, California
Dear Mr. Wright:
Michael Baker International (Michael Baker) is pleased to submit this report to the City of Diamond Bar
(City) documenting the results of coastal California gnatcatcher (Polioptila californica californica; CAGN)
and cactus wren (Campylorhynchus brunneicapillus; CACW) focused surveys conducted for the Canyon
Loop Trail Improvement Project (project or project site) located in the City of Diamond Bar, Los Angeles
County, California. Surveys occurred during the 2020 field season, when Michael Baker was contracted by
the City to perform CAGN and CACW surveys in suitable habitat within 500 feet of the proposed project.
Project Location
The survey area include the project site plus suitable CAGN and CACW habitat within a 500-foot buffer,
and is generally located south of State Route 60, east of State Route 57, north of Grand Avenue, and west
of Chino Hills Parkway in the City of Diamond Bar, Los Angeles County, California (refer to Figure 1,
Regional Vicinity, in Attachment A). The survey area is depicted in Sections 11 and 14 of Township 2
south, Range 9 west, on the United States Geological Survey’s (USGS) San Dimas, California 7.5-minute
quadrangle (USGS 1981). Specifically, the survey area is located along the Canyon Loop Trail within
Summitridge Park (refer to Figure 2, Survey Area, in Attachment A).
Project Description
The City of Diamond Bar proposes to implement a series of improvements to the existing Canyon Loop
Trail. The intent of the project is primarily to realign the trail, improve drainage to minimize erosion of the
trail, enhance the use of the trail where the gradients are steep, re-grade cross slopes, and consider amenities
such as directional and interpretive signage, rest areas with benches, small shade shelters, climbing steps
with cobblestone swale channelization, and water diverting improvements where necessary. Such trail
improvements will reward hikers and visitors with 360-degree views of open space.
Regulatory Framework
Federal Endangered Species Act of 1973
As defined within the Federal Endangered Species Act of 1973 (FESA), an endangered species is any
Canyon Loop Trail Improvement Project 2
Coastal California Gnatcatcher and Cactus Wren Focused Survey Results
animal or plant listed by regulation as being in danger of extinction throughout all or a significant portion
of its geographical range. A threatened species is any animal or plant that is likely to become endangered
within the foreseeable future throughout all or a significant portion of its geographical range. Without a
special permit, Federal law prohibits the “take” of any individuals or habitat of Federally-listed species.
Under Section 9 of the FESA, take is defined as “harass, harm, pursue, hunt, shoot, wound, kill, trap,
capture, or collect or attempt to engage in any such conduct.” The term “harm” has been clarified to include
“any act which actually kills or injures fish or wildlife, and emphasizes that such acts may include
significant habitat modification or degradation that significantly impairs essential behavioral patterns of
fish or wildlife.” Enforcement of FESA is administered by the U.S. Fish and Wildlife Service (USFWS).
Under the definition used by the FESA, “Critical Habitat” refers to specific areas within the geographical
range of a species that were occupied at the time it was listed that contain the physical or biological features
that are essential to the survival and eventual recovery of that species and that may require special
management considerations or protection, regardless of whether the species is still extant in the area. Areas
that were not known to be occupied at the time a species was listed can also be designated as Critical Habitat
if they contain one or more of the physical or biological features that are essential to that species’
conservation and if the occupied areas are inadequate to ensure the species’ recovery. If a project may result
in take or adverse modification to a species’ designated Critical Habitat and the project has a Federal nexus,
the project proponent may be required to provide suitable mitigation. Projects with a Federal nexus may
include projects that occur on Federal lands, require Federal permits (e.g., Clean Water Act Section 404
permit), or receive any Federal oversight or funding. If there is a Federal nexus, then the Federal agency
that is responsible for providing funds or permits would be required to consult with the USFWS under the
FESA.
Species Background
Coastal California Gnatcatcher
CAGN is a Federally threatened species with restricted habitat requirements, being an obligate resident of
sage scrub habitats, particularly—but not exclusively—those that are dominated by California sagebrush
(Artemisia californica). This species generally occurs below 750 feet elevation in coastal regions and below
1,500 feet inland. It ranges from Ventura County south to San Diego County and northern Baja Califo rnia
and is less common in sage scrub with a high percentage of tall shrubs. CAGN is considered a short-distance
disperser through contiguous, undisturbed habitat (USFWS 2010). However, juveniles are capable of
dispersing long distances (up to 14 miles) across fragmented and highly disturbed sage scrub habitat
(USFWS 2010). CAGN prefers habitat with more low-growing vegetation (< 3 feet high). CAGN breeds
between mid-February and the end of August, with peak activity from mid-March to mid-May. Population
declines are attributed to loss of sage scrub habitat due to development, as well as brown-headed cowbird
(Molothrus ater) nest parasitism. Federally designated Critical Habitat for CAGN is not located within or
directly adjacent to the survey area. The primary constituent elements essential to support the biological
needs of foraging, reproducing, rearing of young, intra-specific communication, dispersal, genetic
exchange, or sheltering for CAGN are:
1) Dynamic and successional sage scrub habitats and associated vegetation (Riversidean alluvial fan
sage scrub, coastal sage-chaparral scrub, etc.) that provide space for individual and population
growth, normal behavior, breeding, reproduction, nesting, dispersal and foraging; and
Canyon Loop Trail Improvement Project 3
Coastal California Gnatcatcher and Cactus Wren Focused Survey Results
2) Non-sage scrub habitats such as chaparral, grassland, and riparian areas in proximity to sage scrub
habitats that provide linkages to help with dispersal, foraging, and nesting (USFWS 2007).
The survey area provides abundant suitable habitat for CAGN, although there are large sections of the
survey area that are highly disturbed by non-native plants.
Cactus Wren
CACWs are a somewhat common avian species found within arid and semi-arid regions of southern
California. The subspecies coastal cactus wren (C. b. sandiegensis; CCAWC) is found within a very limited
range of southern California and is designated by CDFW as a Species of Special Concern (SSC). CCACW
has more heavily spotted underparts more closely blending into the dark breast spot, less of a cinnamon-
buff wash to the underparts, and extensive white in the interior tail feathers, as opposed to the continental
desert subspecies and subspecies along the Los Angeles County coast, C.b. anthonyi, which has finer belly
spotting more demarcated from the prominent breast spot, a heavier cinnamon-wash buff to the underparts,
and white generally restricted to the outermost tail feather (rectrix 6) and occasionally onto rectrix 5 (the
next feather in from the outside) (Rea and Weaver 1990). CCACW have a range which extends from
extreme northwestern Baja California north at least through the coastal lowlands of San Diego County
(Shuford and Gardali 2008). The actual northern limit of its range is uncertain because of the lack of
specimens from northwestern San Diego County and most of Orange County. However, observations made
in the field based on differences in song (slower frequency and lower pitch) and visual assessments suggest
approximately the vicinity of State Route 74 (Ortega Highway) in Orange County may be the northern limit
of CCACW, and this is apparently the range limit accepted by CDFW (Shuford and Gardali 2008).
CACWS breed from early March through July and are mainly restricted to thickets of chollas
(Cylindropuntia prolifera) or prickly-pear cacti (i.e., Opuntia littoralis, O. oricola) large enough to protect
from predation. Suitable habitat conditions are normally found on south-facing slopes, at bases of hillsides,
or in dry washes. Territories have been recorded as occurring at elevations below 1,500 feet above mean
sea level (amsl) and averaging three (3) acres in size (Shuford and Gardali 2008). CACWs forage on the
ground primarily for insects such as beetles, ants, wasps, grasshoppers, butterflies, and spiders.
The survey area provides several distinct patches of the undisturbed coast prickly pear scrub habitat that is
essential nesting habitat for this species. However, the survey area is well outside of the apparent geographic
range for the coastal sandiegensis subspecies, which ends around State Route 74 based on CDFW mapping
and distribution descriptions in Rea and Weaver (1990). The local subspecies found throughout Los
Angeles County is C. b. anthonyi, although birds on the coastal slope often show some characteristics of
the sandiegensis subspecies (such as more white in the tail than is otherwise expected for this subspecies).
Environmental Setting
The survey area for this effort encompasses suitable CAGN and CACW habitat within 500 feet of the
existing Canyon Loop Trail. It is located in the southeastern corner of Los Angeles County less than 0.5
mile west of the boundary with San Bernardino County. The survey area represents a small subset of the
entire 500-foot buffer around the Canyon Loop Trail and is approximately 30.24 acres in size. It is generally
associated with preserved open space, although many areas within it, particularly the southeast portion of
it, are disturbed with high proportions of non-native plant species as well. An unnamed ephemeral drainage
runs roughly east to west through the center of the survey area. Areas immediately surrounding the survey
area consist of residential developments to the east and west, and undeveloped land to the north and south.
Canyon Loop Trail Improvement Project 4
Coastal California Gnatcatcher and Cactus Wren Focused Survey Results
Topography and Soils
The topography of the survey area is generally steep slopes with associated public trails along hilltops and
other stabilized surfaces. The survey area is located at an elevation of approximately 970 to 1,310 feet amsl.
According to the Custom Soil Resource Report for Los Angeles County, California, Southeastern Part
(USDA 2020), the survey area is underlain by the following soil units: Urban land-Sorrento-Arbolado
complex, 2 to 9 percent slopes (1136), Gaviota-Chumash-Rock outcrop complex, 20 to 55 percent slopes
(1145), and Counterfeit-Urban land complex, 10 to 35 percent slopes, terraced (1232).
Vegetation Communities
Several terrestrial vegetation communities were identified on-site during the field survey. Vegetation
classification was based on A Manual of California Vegetation (Second Edition) (Sawyer et al. 2009) and
cross-checked with Holland (1986). The vegetation communities and land uses present within the survey
area are depicted on Figure 3, Vegetation Communities, in Attachment A, and described in further detail
below. Figure 3 and the descriptions below only include those communities that are suitable habitat for
CAGN and CACW and do not include all vegetation communities or land uses within 500 feet of the
project. All of the following vegetation communities are associated with what would be considered coastal
sage scrub (CSS) habitat.
California Sagebrush – Black Sage Scrub (Holland Equivalent: Diegan Coastal Sage Scrub; Code: 32500)
Approximately 2.13 acres of California sagebrush – black sage scrub vegetation is located within the survey
area. The majority of this vegetation community is dominated by California sagebrush (Artemisia
californica) and black sage (Salvia mellifera) with other shrubs such as white sage (Salvia apiana),
deerweed (Acmispon glaber), and California buckwheat (Eriogonum fasciculatum) occurring as less
frequent sub-dominants. Due to the high density of shrubs within the vegetation community, little to no
herbaceous cover is present.
Disturbed California Sagebrush – Black Sage Scrub (Holland Equivalent: Disturbed Diegan Coastal Sage
Scrub; Code: 32500)
Approximately 17.76 acres of disturbed California sagebrush – black sage scrub vegetation is located
throughout the survey area. This vegetation community is similar in composition and generally in close
proximity to the California sagebrush – black sage scrub found within the survey area but also contains
black mustard (Brassica nigra) and tocalote (Centaurea melitensis) as co-dominant species, in many areas
completely dominating the ground cover between native shrubs.
California Buckwheat Scrub (Holland Equivalent: Disturbed Diegan Coastal Sage Scrub; Code: 32500)
Approximately 0.45 acre of California buckwheat scrub vegetation is located within the western portion of
the survey area. This vegetation community is entirely dominated by California buckwheat, and appears to
be part of a previous restoration effort.
Coast Prickly Pear Scrub (Holland Equivalent: Diegan Coastal Sage Scrub; Code: 32500)
Approximately 9.90 acres of coast prickly pear scrub vegetation is located within the survey area. Coast
prickly pear (Opuntia littoralis) is dominant within this vegetation community, with sticky monkeyflower
(Diplacus aurantiacus) prominently interspersed throughout the area. California buckwheat and California
sagebrush are also present, but in lower proportions compared to coast prickly pear and sticky
monkeyflower.
Canyon Loop Trail Improvement Project 5
Coastal California Gnatcatcher and Cactus Wren Focused Survey Results
Methods
Literature Review
Prior to conducting the focused surveys, Michael Baker performed a detailed literature review and record
search of the project site, vicinity, and region for CAGN and CACW records. The literature search included
a review of any existing biological and focused CAGN survey reports from the project vicinity, as well as
records reported in the CNDDB (CDFW 2020), the USFWS online Critical Habitat Mapper (USFWS
2020), the Cornell Lab of Ornithology’s eBird database (eBird 2020), and a letter written to the City of
Diamond Bar by Hamilton Biological (Hamilton Biological 2019).
Focused Surveys
Protocol surveys for CAGN and CACW were conducted concurrently along, and in areas of suitable habitat
within 500 feet of, the existing Canyon Loop Trail in 2020. All surveys were conducted by Michael Baker
biologists Ryan Winkleman (USFWS recovery permit TE-88331A-2), Ashley Spencer, and Tom
Millington between May and July 2020 (refer to Table 1, Survey Dates, Surveyors, Time, and Weather
Conditions). The surveys followed the CAGN guidelines described in the USFWS protocol Coastal
California Gnatcatcher (Polioptila californica californica) Presence/Absence Survey Guidelines, February
28, 1997 (USFWS 1997) and the CACW guidelines described in Mr. Winkleman’s CDFW scientific
collecting permit (SC-182750017). A total of six (6) surveys were conducted between May 26 and July 1,
2020.
Table 1: Survey Dates, Surveyors, Time, and Weather Conditions
Date Surveyors Time
(start/finish)
Weather Conditions
Temperature (°F)
(start/finish)
Wind Speed Range
(miles per hour)
5/26/20 Ryan Winkleman 0751 / 1222 64 / 83 0-1
6/3/20 Ryan Winkleman,
Ashley Spencer 0713 / 1146 65 / 87 0-8
6/10/20 Ryan Winkleman,
Ashley Spencer 0720 / 1150 69 / 93 0-3
6/17/20 Ryan Winkleman,
Tom Millington 0729 / 1149 62 / 68 0-1
6/24/20 Ryan Winkleman,
Ashley Spencer 0729 / 1142 62 / 76 0-3
7/1/20 Ryan Winkleman,
Ashley Spencer 0730 / 1130 62 / 67 0-1
During each survey, the biologist(s) walked areas of suitable habitat for CAGN and/or CACW within the
survey area and would stop at strategic locations and use taped playback to attempt to lure the target species
into view. All recordings were obtained from xeno-canto.org (2020) and were played with a Pixel 3XL
smartphone amplified with a MIFA F10 portable Bluetooth speaker. In each instance the biologist(s) would
position themselves in an area of suitable habitat and wait up to one (1) minute to see if the target species
could be incidentally detected. If no birds were detected, Mr. Winkleman would play a short recording or
short portion of a recording, followed by approximately one (1) minute of silence before playing another
Canyon Loop Trail Improvement Project 6
Coastal California Gnatcatcher and Cactus Wren Focused Survey Results
recording or continuing the same recording. Recordings were cycled rather than repeated to more
realistically mimic birds making variable vocalizations. In areas where both species could feasibly be
present, the CAGN and CACW recordings were played alternately. If birds responded aurally or flew into
view, all playback was stopped while the biologist(s) observed the bird(s) from a distance and took notes
on age, sex, and behavior. Territory boundaries were mapped in the Avenza smartphone application while
in the field and updated as necessary to record the approximate boundaries over the six surveys. If nesting
behavior was observed, the biologists watched from a safe distance and, if found, plotted the nest location
as accurately as possible using Global Positioning System (GPS) technology and then watched for updates
on subsequent surveys from a safe distance. Photographs were periodically taken during the surveys (refer
to Figure 2, Survey Area, in Attachment A, as well as to Attachment B).
Results
A total of forty-seven (47) wildlife species were observed within the CAGN survey area during the CAGN
focused surveys including four (4) reptiles, seventy-six (76) birds, and five (5) mammals. A complete list
of wildlife species observed during the focused survey is included in Attachment C.
Coastal California Gnatcatcher
Based on information in the CNDDB (CDFW 2020), eBird (eBird 2020), and from a local expert (Benson
personal communication 2020), CAGN is a rare and local resident in the coastal slope of Los Angeles and
San Bernardino Counties. Populations are somewhat widespread but persistent in the project vicinity in Los
Angeles County, spanning across the Chino Hills, San Jose Hills, and Puente Hills. In San Bernardino
County, which is located immediately to the east of the project site, CAGN persists in only four or five
populations in the entire county, including in Chino Hills State Park. Farther to the south, CAGN is
reasonably common in the foothills of the Santa Ana Mountains in Orange County. The project site is not
located within designated Critical Habitat (USFWS 2007).
A minimum of five (5) CAGN territories were mapped during the focused surveys (refer to Figure 4,
Coastal California Gnatcatcher Results, in Attachment A). Four (4) nests were found in two (2) of these
territories, one (1) of which successfully led to chicks fledging. Of the minimum five territories, four (4)
territories (Territories 1, 3, 4, and 5) had chicks fledge in them. The boundaries of Territories 3 and 5
expanded over time due to post-breeding dispersal, with Territory #5 potentially undergoing two separate
instances of dispersal to two areas where no CAGN had been previously detected. A more detailed summary
of CAGN activity in each territory during each survey is provided in Table 2 below.
Cactus Wren
Similar to CAGN, CACW is a rare and local resident on the coastal slope of Los Angeles and San
Bernardino Counties. In Los Angeles County the species is better off but declining, with populations known
from the Chino Hills, San Jose Hills, Puente Hills, and foothills of the San Gabriel Mountains. In adjacent
San Bernardino County, the only known populations are in the upper Santa Ana River wash near
Redlands/Mentone/Highland and near the confluence of Cajon and Lytle Creeks, both far from the survey
area (Benson personal communication 2020). This species is much more common in Orange County in the
foothills of the Santa Ana Mountains and less so in the San Joaquin Hills. Birds in Los Angeles County are
considered to be of the non-sensitive subspecies C.b. anthonyi, although it should be noted that many of the
birds on the coast, including the ones in the survey area, show characteristics, such as the extent of white
barring in the tail feathers, typically associated with the sensitive CCACW.
Canyon Loop Trail Improvement Project 7
Coastal California Gnatcatcher and Cactus Wren Focused Survey Results
Table 2: CAGN Survey Results
Date Territories
Territory #1 Territory #2 Territory #3 Territory #4 Territory #5
5/26/20 Adult male
present and
foraging
solitarily.
Adult male
present and
foraging,
territorial against
juvenile CACW.
Adult female
briefly observed.
CAGN
incidentally
heard, but not
seen.
Adult male
present and
foraging.
Family unit with two adults
and at least two juveniles
present.
6/3/20 Family unit
with two
adults and two
juveniles
present.
Adult male
present and
foraging,
territorial against
juvenile CACW.
No activity
observed.
Family unit
with at least
one juvenile
present.
Adult male present, no
other birds seen.
6/10/20 Adult male
present with
two female-
type birds,
could not see
well enough to
determine age.
Adult pair
present, Nest #1
found. Male
observed perched
over nest in a
shading action.
Family unit
present with at
least two
juveniles in a
new post-
breeding
dispersal area
where not
previously
found.
Adult pair
present and
foraging, no
other birds
seen.
Adult pair present, Nest #1
found. Both male and
female observed incubating
and shading the eggs.
6/17/20 Adult male
present with a
single female-
type bird, not
aged.
Nest #1 failed.
Adult pair
periodically seen
throughout
territory but no
indications of
nesting.
Family unit in
the post-breeding
dispersal area
again.
Adult male
present and
foraging.
Possible
female seen
but not
confirmed.
Adult pair observed
feeding chicks in Nest #1.
Chicks too small to count
from afar.
6/24/20 Adult male
present with a
single female-
type bird, not
aged.
Adult pair present
and nearly
finished building
Nest #2.
Two female-type
birds present in
the post-breeding
dispersal area,
including the
adult female
carrying off
food.
Adult male
present and
foraging.
Adult pair present feeding
chicks in Nest #1. Four
chicks visible in nest. Two
juvenile birds found to the
north, up the hillside above
the territory in mustard,
assumed to be the juveniles
from 5/26 in a post-
breeding dispersal area,
although not previously
found here despite weekly
playback.
7/1/20 Four birds
flew in
together to
playback and
then went out
of sight. Later
observed the
adult pair
bringing food
to juveniles.
Nest #2 failed.
Adult male
observed building
a new nest, Nest
#3.
One bird heard-
only, one
female-type bird
briefly seen in
the post-breeding
dispersal area.
Adult male
present and
foraging.
Nest #1 empty and nesting
territory abandoned. Four
birds, including at least one
adult (male), found in the
6/24 post-breeding
dispersal area. Up to three
separate birds found
approximately 250 meters
to the east. Possibly more
Territory #5 dispersal.
Canyon Loop Trail Improvement Project 8
Coastal California Gnatcatcher and Cactus Wren Focused Survey Results
A total of five (5) CACW territories were mapped during the focused surveys (refer to Figure 5, Cactus
Wren Results, in Attachment A). No attempts were made to find CACW nests, although one (1) nest was
incidentally found outside of any apparently active territories. Although no nests were found in the
territories, all five territories fledged young. Of these, Territory #5 is the only one that had an obvious
instance of post-breeding dispersal into a new area during the surveys, with all other families utilizing the
same territories that they had evidently nested in. A more detailed summary of CACW activity in each
territory during each survey is provided in Table 3 below.
Table 3: CACW Survey Results
Date Territories
Territory #1 Territory #2 Territory #3 Territory #4 Territory #5
5/26/20 Adult pair
present.
Independent
juvenile bird to
the west either
from Territory
#1 or Territory
#3.
Adult male
singing.
Adult pair
present.
Adult pair with
two juveniles
present.
One bird heard only.
Cooper’s hawk
suppressed activity.
6/3/20 Adult pair
present.
Independent
juvenile bird to
the west either
from Territory
#1 or Territory
#3.
Adult male
singing.
Adult bird
present.
At least three
birds present.
Food exchange
witnessed
between adult
and one of the
juveniles.
One bird heard only.
Cooper’s hawk
suppressed activity.
6/10/20 Two adults
present.
Three adults
and one
juvenile
present.
Adult male
singing.
Two adults and
two juveniles
present.
Two adults and two
juveniles present
together.
6/17/20 Two adults and
three juveniles
present.
Two adults and
two juveniles
present.
Adult male
singing.
At least four
birds present.
Family unit moved
slightly north to a post-
breeding dispersal area.
6/24/20 One bird present,
did not take
notes on age.
Three birds
present, did not
take notes on
age.
Two adults
present.
Five birds
present
together.
All four birds seen
together in the post-
breeding dispersal area.
7/1/20 Two adults seen
in territory.
All four birds
seen in
territory.
One adult with
two juveniles
observed. First
evidence of
nesting.
Five birds
present in a
group together.
No birds found in the
post-breeding dispersal
area. Two adults and one
juvenile found in the
original territory.
Conclusions and Recommendations
Based on the results of the focused surveys, at least five (5) CAGN and five (5) CACW territories were
found to be present within the 500-foot survey area. Four (4) CAGN pairs and all five (5) CACW pairs
Canyon Loop Trail Improvement Project 9
Coastal California Gnatcatcher and Cactus Wren Focused Survey Results
successfully fledged young in 2020 as evidenced by firsthand observations by Michael Baker biologists
during the surveys. Many of the territories were directly adjacent to, crossed over, or were at least in close
proximity to proposed trail improvement areas. Of the nests that were found, the closest nest (CAGN
Territory #2 Nest #1) was approximately 70 feet from the Canyon Loop Trail.
Although a variety of trail improvements are proposed for this project, most of the improvements are
widening the existing trail in the southern half of the survey area. This would result in loss of suitable
habitat for these species, particularly for CAGN. Based on project plans, the length of proposed trail
widening is currently estimated at approximately 1,942 feet, or approximately 0.37 mile. The trail is
proposed to be widened to five feet total width, which means on average based on field observations during
the surveys it would be widened an additional one to two feet from its current width at these locations. The
on-site CACW is not believed to be the sensitive CCACW protected by the CDFW as a SSC; regardless,
impacts to this species can be addressed through a nesting bird clearance survey (see below), with additional
benefits imparted via CAGN protections. Although this area is not designated as Critical Habitat, loss of
vegetation directly supporting known populations of CAGN would constitute “take” of CAGN under
Section 9 of the FESA. Because the project will not have a Federal nexus to allow for FESA Section 7
consultations, an incidental take permit (ITP) would instead be granted by the USFWS under Section
10(a)(1)(B) of the FESA. This typically entails the project proponent agreeing to a habitat conservation
plan (HCP), an extensive process that can take years to complete. However, the USFWS also has a category
of HCPs for projects that will otherwise have minor impacts on listed species, called a “low-effect HCP.”
These HCPs pertain to projects involving (1) minor or negligible effects on federally listed, proposed, or
candidate species and their habitats covered under the HCP; and (2) minor or negligible effects on other
environmental values or resources. Under low-effect HCPs, the permitting process is more streamlined and
take can generally be authorized under a series of strict avoidance and minimization measures. Therefore,
it is recommended that the City consult with USFWS and pursue a low-effect HCP to permit removal of
habitat suitable for and/or used by CAGN on the project site.
To avoid indirect impacts and take of CAGN or CACW, it is recommended that all project-related
construction occur outside of the general breeding season (February 15 – September 15). Timing the
construction to be outside of this window of time would avoid impacts to CAGN or CACW nests. If it is
not possible to construct the project outside of this time period, it is recommended that a nesting bird survey
be conducted within seven (7) days prior to the start of construction in a 500-foot buffer from the project.
The survey should be conducted by a qualified biologist with demonstrable experience identifying CAGN
and CACW nesting behavior and finding their nests, and who has been approved by the USFWS to conduct
a CAGN nesting survey. If an active CAGN or CACW nest is found during the survey, no project-related
construction will be allowed within 500 feet of an active CAGN nest or 300 feet of an active CACW nest,
or within an alternative safe distance as determined by the qualified biologist based on topography, visual
shielding, nest progress, and the type of construction and associated disturbance, until the active nest has
been determined by the qualified biologist to have failed or to have successfully gone to completion (i.e.
the nestlings have fledged and are no longer reliant on the nest). Results of the nesting bird survey, should
one be required, shall be compiled in a memorandum and submitted to the City and to the USFWS for the
project record.
Please do not hesitate to contact me at (949) 533-0918 or ryan.winkleman@mbakerintl.com should you
Canyon Loop Trail Improvement Project 10
Coastal California Gnatcatcher and Cactus Wren Focused Survey Results
have any questions or require further information regarding the information presented in this report.
Sincerely,
Ryan Winkleman
Senior Biologist
Natural Resources and Regulatory Permitting
Attachments:
A. Figures
B. Site Photographs
C. Wildlife Species Observed List
D. References
Attachment A
Figures
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COASTAL CALIFORNIA GNATCATCHER AND CACTUS WREN FOCUSED SURVEY RESULTS
Source: ArcGIS Online, 2018
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CANYON LOOP TRAIL IMPROVEMENT PROJECT
COASTAL CALIFORNIA GNATCATCHER AND CACTUS WREN FOCUSED SURVEY RESULTS
°
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0 270135
Feet
CANYON LOOP TRAIL IMPROVEMENT PROJECT
COASTAL CALIFORNIA GNATCATCHER AND CACTUS WREN FOCUSED SURVEY RESULTS
°
Legend
Project Site
Survey Area
(Suitable Habitat
within 500 Feet)
California Buckwheat
Scrub (0.45 acre)
California Sagebrush -
Black Sage Scrub
(2.13 acres)
Coast Prickly Pear
Scrub (9.90 acres)
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0 270135
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CANYON LOOP TRAIL IMPROVEMENT PROJECT
COASTAL CALIFORNIA GNATCATCHER AND CACTUS WREN FOCUSED SURVEY RESULTS
°
Legend
Project Site
Survey Area
(Suitable Habitat
within 500 Feet)
!>Reference Point
CAGN Territories
Territory #1
Territory #2
Territory #3
Territory #3
(Post-breeding
Dispersal)
Territory #4
Territory #5
Territory #5
(Post-breeding
Dispersal)
CAGN Nests
!(Successful Nest
!(Failed Nest
Proposed Trail Improvements
Trail to be Expanded
to 5' Wide
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Stairs
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Benches & Trash Receptacle
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Drainage Crossing
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6/3/20
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Cactus Wren Results8/4/2020 JN H:\pdata\178669\GIS\MXD\Focused Bird Surveyst\Fig 05 Cactus Wren Results.mxd RPSource: Nearmap, 2020 Figure 5
0 270135
Feet
CANYON LOOP TRAIL IMPROVEMENT PROJECT
COASTAL CALIFORNIA GNATCATCHER AND CACTUS WREN FOCUSED SURVEY RESULTS
°
Legend
Project Site
Survey Area
(Suitable Habitat
within 500 Feet)
!>Reference Point
CACW Territories
Territory #1
Territory #2
Territory #3
Territory #4
Territory #5
Territory #5
(Post-breeding
Dispersal)
CACW Nests
!(Old Nest
CACW Observations
!(Solitary Juvenile
Proposed Trail Improvements
Trail to be Expanded
to 5' Wide
Existing Trail to Remain
Gabion Retaining Wall
Stairs
kj Wayfinding Sign
Lodge Pole Fence
(Shade Structure with
Benches & Trash Receptacle
Proposed Bench
Drainage Crossing
!(!(
Attachment B
Site Photographs
Attachment B – Site Photographs
Canyon Loop Trail Improvement Project B-1
Coastal California Gnatcatcher and Cactus Wren Focused Survey Results
Photograph 1: Standing in coastal California gnatcatcher (CAGN) Territory 1 facing
east-northeast.
Photograph 2: Standing in the CAGN Territory 2 facing south-southeast.
Attachment B – Site Photographs
Canyon Loop Trail Improvement Project B-2
Coastal California Gnatcatcher and Cactus Wren Focused Survey Results
Photograph 3: Standing in CAGN Territory 2 facing southwest. This is the most
highly-disturbed CAGN territory within the survey area.
Photograph 4: Standing in CAGN Territory 2 facing northeast.
Attachment B – Site Photographs
Canyon Loop Trail Improvement Project B-3
Coastal California Gnatcatcher and Cactus Wren Focused Survey Results
Photograph 5: Standing in CAGN Territory 3 facing southeast.
Photograph 6: Standing in CAGN Territory 3 facing west.
Attachment B – Site Photographs
Canyon Loop Trail Improvement Project B-4
Coastal California Gnatcatcher and Cactus Wren Focused Survey Results
Photograph 7: Standing in CAGN Territory 4 facing southeast.
Photograph 8: Standing in CAGN Territory 4 facing southwest.
Attachment B – Site Photographs
Canyon Loop Trail Improvement Project B-5
Coastal California Gnatcatcher and Cactus Wren Focused Survey Results
Photograph 9: Standing in CAGN Territory 5 facing northeast.
Photograph 10: Standing in CAGN Territory 5 facing west.
Attachment B – Site Photographs
Canyon Loop Trail Improvement Project B-6
Coastal California Gnatcatcher and Cactus Wren Focused Survey Results
Photograph 11: Facing west toward cactus wren (CACW) Territory 1.
Photograph 12: Facing north toward CACW Territory 2.
Attachment B – Site Photographs
Canyon Loop Trail Improvement Project B-7
Coastal California Gnatcatcher and Cactus Wren Focused Survey Results
Photograph 13: Standing in CACW Territory 3 facing south.
Photograph 14: Standing in CACW Territory 4 facing west.
Attachment B – Site Photographs
Canyon Loop Trail Improvement Project B-8
Coastal California Gnatcatcher and Cactus Wren Focused Survey Results
Photograph 15: Facing northeast toward CACW Territory 5.
Photograph 16: An adult male CAGN acts aggressively toward a lone juvenile CACW
in CAGN Territory #2.
Attachment B – Site Photographs
Canyon Loop Trail Improvement Project B-9
Coastal California Gnatcatcher and Cactus Wren Focused Survey Results
Photograph 17: A CACW family gathers together in CACW Territory 5.
Photograph 18: An adult male CAGN brings food for the waiting nestlings in Territory
5 Nest #1.
Attachment C
Wildlife Species Observed List
Attachment C –Wildlife Species Observed List
Canyon Loop Trail Improvement Project C-1
Coastal California Gnatcatcher and Cactus Wren Focused Survey Results
Table C-1: Wildlife Species Observed List
Scientific Name* Common Name Special-Status Rank**
Reptiles
Aspidoscelis tigris stejnegeri coastal whiptail SSC
Coluber flagellum piceus red racer
Sceloporus occidentalis longipes Great Basin fence lizard
Uta stansburiana elegans western side-blotched lizard
Birds
Accipiter cooperii Cooper’s hawk WL
Aeronautes saxatalis white-throated swift
Aimophila ruficeps canescens southern California rufous-crowned sparrow WL
Aphelocoma californica California scrub jay
Baeolophus inornatus oak titmouse
Buteo jamaicensis red-tailed hawk
Callipepla californica California quail
Calypte anna Anna’s hummingbird
Campylorhynchus brunneicapillus cactus wren
Cathartes aura turkey vulture
Chamaea fasciata wrentit
Contopus sordidulus western wood-pewee
Corvus brachyrhynchos American crow
Corvus corax common raven
Dryobates nuttallii Nuttall’s woodpecker
Empidonax difficilis pacific-slope flycatcher
Geococcyx californianus greater roadrunner
Haemorhous mexicanus house finch
Icterus cucullatus hooded oriole
Leiothlypis celata orange-crowned warbler
Melanerpes formicivorus acorn woodpecker
Melozone crissalis California towhee
Mimus polyglottos northern mockingbird
Molothrus ater brown-headed cowbird
Myiarchus cinerascens ash-throated flycatcher
Patagioenas fasciata band-tailed pigeon
Petrochelidon pyrrhonota cliff swallow
Phainopepla nitens phainopepla
Pipilo maculatus spotted towhee
Polioptila caerulea blue-gray gnatcatcher
Polioptila californica californica coastal California gnatcatcher FT/SSC
Psaltriparus minimus bushtit
Sayornis nigricans black phoebe
Sayornis saya Say’s phoebe
Selasphorus sasin Allen’s hummingbird
Attachment C –Wildlife Species Observed List
Canyon Loop Trail Improvement Project C-2
Coastal California Gnatcatcher and Cactus Wren Focused Survey Results
Table C-1: Wildlife Species Observed List
Scientific Name* Common Name Special-Status Rank**
Sitta carolinensis white-breasted nuthatch
Spinus lawrencei Lawrence’s goldfinch
Spinus psaltria lesser goldfinch
Stelgidopteryx serripennis northern rough-winged swallow
Thryomanes bewickii Bewick’s wren
Toxostoma redivivum California thrasher
Troglodytes aedon house wren
Turdus migratorius American robin
Tyrannus verticalis western kingbird
Tyrannus vociferans Cassin’s kingbird
Vireo huttoni Hutton’s vireo
Zenaida macroura mourning dove
Mammals
Neotoma sp. woodrat
Odocoileus hemionus mule deer
Otospermophilus beecheyi California ground squirrel
Sciurus niger* eastern fox squirrel
Sylvilagus audubonii desert cottontail
* Non-native species
** Special-Status Rank
FT Federally Threatened
SSC Species of Special Concern – any species, subspecies, or distinct population of fish, amphibian, reptile, bird,
or mammal native to California that currently satisfies one or more of the following criteria:
- is extirpated from California or, in the case of birds, in its primary seasonal or breeding role;
- is listed as Federally-, but not State-, threatened or endangered; meets the State definition of
threatened or endangered but has not formally been listed.
- is experiencing, or formerly experienced, serious (noncyclical) population declines or range
retractions (not reversed) that, if continued or resumed, could qualify it for State threatened or
endangered status; or
- has naturally small populations exhibiting high susceptibility to risk from any factor(s), that if
realized, could lead to declines that would qualify it for State threatened or endangered status.
WL Watch List - taxa that were previously designated as “Species of Special Concern” but no longer merit that
status, or which do not yet meet SSC criteria, but for which there is concern and a need for additional
information to clarify status.
Attachment D
References
Attachment D – References
Canyon Loop Trail Improvement Project D-1
Coastal California Gnatcatcher and Cactus Wren Focused Survey Results
Benson, T.A. 2020. Personal communication regarding the regional status of coastal California gnatcatcher
and cactus wren. California State University at San Bernardino, Instructional Support Technician.
July 21, 2020.
California Department of Fish and Wildlife (CDFW). 2020. RareFind 5, California Natural Diversity Data
Base, California. Data base report on threatened, endangered, rare or otherwise sensitive species
and communities for Los Angeles, San Bernardino, and Orange Counties.
eBird. 2020. eBird: An online database of bird distribution and abundance [web application]. eBird, Cornell
Lab of Ornithology, Ithaca, New York. Accessed online at: http://www.ebird.org.
Hamilton Biological. 2019. CEQA Review, Canyon Loop Trail Project, City of Diamond Bar. Submitted to
the City of Diamond Bar. October 14, 2019.
Holland, R. 1986. Preliminary Descriptions of the Terrestrial Natural Communities of California.
Rea, A.M. and K.L. Weaver. 1990. The Taxonomy, Distribution, and Status of Coastal Cactus Wrens.
Western Birds 21(3): 81-126.
Sawyer, J.O., Keeler-Wolf, T., and J. Evens. 2009. A Manual of California Vegetation (Second Edition).
California Native Plant Society, Sacramento, California, USA.
Shuford, W. D., and Gardali, T., editors. 2008. San Diego Cactus Wren. In California Bird Species of
Special Concern: A ranked assessment of species, subspecies, and distinct populations of birds of
immediate conservation concern in California. Studies of Western Birds 1. Western Field
Ornithologists, Camarillo, California, and California Department of Fish and Game, Sacramento.
U.S. Department of Agriculture, Natural Resources Conservation Service (USDA). 2020. Custom Soil
Resource Report for Los Angeles County, California, Southeastern Part. Accessed online at:
http://websoilsurvey.nrcs.usda.gov/app/.
U.S. Fish and Wildlife Service (USFWS). 1997. Coastal California Gnatcatcher (Polioptila californica
californica) Presence/Absence Survey Guidelines. February 28, 1997.
U.S. Fish and Wildlife Service (USFWS). 2007. Endangered and Threatened Wildlife and Plants; Revised
Designation of Critical Habitat for the Coastal California Gnatcatcher (Polioptila californica
californica). Federal Register 72(243): 72010-72213.
U.S. Fish and Wildlife Service (USFWS). 2010. Coastal California Gnatcatcher (Polioptila californica
californica) 5- Year Review: Summary and Evaluation. Accessed online at:
https://www.fws.gov/carlsbad/SpeciesStatusList/5YR/20100929_5YR_CAGN.pdf.
U.S. Geological Survey. 1981. San Dimas, California 7.5-Minute Topographic Quadrangle Map.
xeno-canto. 2020. xeno-canto: sharing bird sounds from around the world. Accessed online at:
http://www.xeno-canto.org.
Attachment C
References
Attachment C – References
Canyon Loop Trail Improvement Project C-1
Coastal California Gnatcatcher Memo
California Department of Fish and Wildlife (CDFW). 2021. California Natural Community List. Last
updated August 18, 2021.
eBird. 2022. eBird: An online database of bird distribution and abundance [web application]. eBird, Cornell
Lab of Ornithology, Ithaca, New York. Accessed online at: http://www.ebird.org.
U.S. Fish and Wildlife Service (USFWS). 1997. Coastal California Gnatcatcher (Polioptila californica
californica) Presence/Absence Survey Guidelines. February 28, 1997.
USFWS. 2007. Endangered and Threatened Wildlife and Plants; Revised Designation of Critical Habitat
for the Coastal California Gnatcatcher (Polioptila californica californica). Federal Register
72(243): 72010-72213.
USFWS. 2010. Coastal California Gnatcatcher (Polioptila californica californica) 5- Year Review:
Summary and Evaluation. Accessed online at:
https://www.fws.gov/carlsbad/SpeciesStatusList/5YR/20100929_5YR_CAGN.pdf.
PART III – MITIGATION MONITORING
AND REPORTING PROGRAM
CANYON LOOP TRAIL IMPROVEMENT PROJECT
Final Initial Study/Mitigated Negative Declaration
January 2021 1 Mitigation Monitoring and Reporting Program
3.0 MITIGATION MONITORING AND REPORTING
PROGRAM
CEQA requires that when a public agency completes an environmental document which includes measures to mitigate
or avoid significant environmental effects, the public agency must adopt a reporting or monitoring plan. This
requirement ensures that environmental impacts found to be significant will be mitigated. The reporting or monitoring
plan must be designed to ensure compliance during project implementation (Public Resources Code Section 21081.6).
In compliance with Public Resources Code Section 21081.6, the attached Mitigation Monitoring and Reporting Program
has been prepared for the proposed Canyon Loop Trail Improvement Project. This Mitigation Monitoring and Reporting
Program is intended to provide verification that all mitigation measures identified in the Initial Study prepared for the
project are monitored and reported. Monitoring will include 1) verification that each mitigation measure has been
implemented; 2) recordation of the actions taken to implement each mitigation; and 3) retention of records in the project
file.
This Mitigation Monitoring and Reporting Program delineates responsibilities for monitoring the project, but also allows
the City of Diamond Bar and discretion in determining how best to monitor implementation. Monitoring procedures will
vary according to the type of mitigation measure. Adequate monitoring consists of demonstrating that monitoring
procedures took place and that mitigation measures were implemented.
Reporting consists of establishing a record that a mitigation measure is being implemented, and generally involves the
following steps:
The City distributes reporting forms to the appropriate entities for verification of compliance.
Departments/agencies with reporting responsibilities will review the Initial Study, which provides general
background information on the reasons for including specified mitigation measures.
Problems or exceptions to compliance will be addressed to the City as appropriate.
Periodic meetings may be held during project implementation to report on compliance of mitigation measures.
Responsible parties provide the City with verification that monitoring has been conducted and ensure, as
applicable, that mitigation measures have been implemented. Monitoring compliance may be documented
through existing review and approval programs such as field inspection reports and plan review.
The City prepares a reporting form periodically during the construction phase and an annual report
summarizing all project mitigation monitoring efforts.
Appropriate mitigation measures will be included in construction documents and/or conditions of
permits/approvals.
Minor changes to the Mitigation Monitoring and Reporting Program, if required, would be made in accordance with
CEQA and would be permitted after further review and approval by the City. Such changes could include reassignment
of monitoring and reporting responsibilities, plan redesign to make any appropriate improvements, and/or modification,
substitution or deletion of mitigation measures subject to conditions described in CEQA Guidelines Section 15162. No
change will be permitted unless the Mitigation Monitoring and Reporting Program continues to satisfy the requirements
of Public Resources Code Section 21081.6.
CANYON LOOP TRAIL IMPROVEMENT PROJECT
Final Initial Study/Mitigated Negative Declaration
January 2021 2 Mitigation Monitoring and Reporting Program
This page intentionally left blank.
CANYON LOOP TRAIL IMPROVEMENT PROJECT Final Initial Study/Mitigated Negative Declaration January 2021 3 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING CHECKLIST Mitigation Number Mitigation Measure Monitoring and Reporting Process Monitoring Milestones Party Responsible for Monitoring VERIFICATION OF COMPLIANCE Initials Date Remarks AESTHETICS AES-1 To minimize construction-related impacts to scenic vistas and the visual character and quality of the project area, the project contractor shall ensure that all construction materials, heavy-duty equipment, and debris piles are staged and screened from public view in a designated construction staging area. Staging areas shall be approved and subject to periodic field inspections by the City of Diamond Bar Parks and Recreation Department, or responsible designee(s). Review and Approval of Final Plans Prior to Issuance of Grading Permit; During Construction Construction Contractor; City of Diamond Bar Parks and Recreation Department or Responsible Designee(s) BIOLOGICAL RESOURCES BIO-1 Prior to construction and during the appropriate blooming periods for special-status plant species with the potential to occur within the survey area, a qualified botanist shall conduct a focused rare plant survey in areas with suitable habitat to determine presence or absence of special-status plant species. The surveys shall be floristic in nature (i.e., identifying all plant species to the taxonomic level necessary to determine rarity), and shall be inclusive of, at a minimum, the areas proposed for trail improvements and those immediately surrounding those areas. The results of the survey shall be documented in a letter report. If individual or populations of special-status plant species are found within the areas proposed for disturbance, measures to avoid and minimize impacts shall be recommended. The surveys and reporting shall follow 2018 California Department of Fish and Wildlife (CDFW) and/or 2001 California Native Plant Society guidelines. Although not expected, if State- and/or Federally-listed plant species are present and avoidance is Rare Plant Surveys Conducted by Qualified Botanist Prior to Construction and During Appropriate Blooming Periods Project Botanist; City of Diamond Bar; USFWS; CDFW
CANYON LOOP TRAIL IMPROVEMENT PROJECT Final Initial Study/Mitigated Negative Declaration January 2021 4 Mitigation Monitoring and Reporting Program Mitigation Number Mitigation Measure Monitoring and Reporting Process Monitoring Milestones Party Responsible for Monitoring VERIFICATION OF COMPLIANCE Initials Date Remarks infeasible, consultation with the U.S. Fish and Wildlife Service (USFWS) and/or CDFW shall be required and an Incidental Take Permit(s) from the USFWS and/or CDFW shall be obtained prior to the commencement of project activities. BIO-2 In consultation with the U.S. Fish and Wildlife Service (USFWS), the City of Diamond Bar Parks and Recreation Department shall obtain an Incidental Take Permit and prepare a low-effect habitat conservation plan (HCP) to permit removal of habitat suitable for and/or used by sensitive wildlife species, particularly coastal California gnatcatchers (Polioptila californica californica) known to occur on-site. Avoidance and minimization measures that may be required in a low-effect HCP for the proposed project, subject to consultation with the USFWS, include, but are not limited to, preconstruction nesting surveys for coastal California gnatcatcher and avoidance of any active nests or scheduling of work outside of the gnatcatcher nesting season, environmental training for all construction personnel, biological monitoring during initial vegetation removal, closing and restoration of any extraneous trail sections or breeding habitat to recreational use, provisions for pets (leashed pets, removal of pet waste), locations of trash receptacles, and on-site restoration and preservation of coastal sage scrub communities within the survey area (i.e., in the vicinity of the impacts). Incidental Take Permit Acquisition/ Preparation of HCP Resource Agency Permit Review; Prior to Construction Activities Project Biologist; City of Diamond Bar; USFWS; CDFW BIO-3 Project construction, equipment staging, mobilization, grading, ground disturbance activities, and vegetation removal shall be completed outside the avian breeding season. The City of Diamond Bar shall not perform any project construction or activities or remove or otherwise disturb vegetation on the project Completion of Preconstruction Nesting Surveys Prior to the Start of Construction Within 500-Foot Buffer of Project Site Project Biologist; City of Diamond Bar; USFWS
CANYON LOOP TRAIL IMPROVEMENT PROJECT Final Initial Study/Mitigated Negative Declaration January 2021 5 Mitigation Monitoring and Reporting Program Mitigation Number Mitigation Measure Monitoring and Reporting Process Monitoring Milestones Party Responsible for Monitoring VERIFICATION OF COMPLIANCE Initials Date Remarks site, or adjacent to the site, from February 15 to August 31, and as early as January 1, to avoid impacts to breeding/nesting birds and raptors. However, if avoidance of the avian breeding season is infeasible and if project-related construction activities are initiated during the nesting season for coastal California gnatcatcher (CAGN; Polioptila californica californica) and cactus wren (CACW; Campylorhynchus brunneicapillus) (February 15th through September 15th), a nesting bird clearance survey shall be conducted within seven days prior to the start of construction within a 500-foot buffer of the project site. The survey shall be conducted by a qualified biologist with demonstrable experience identifying CAGN and CACW nesting behavior and finding their nests, and who has been approved by the U.S. Fish and Wildlife Service (USFWS) to conduct a CAGN survey. If an active CAGN or CACW nest is found during the survey, no project-related construction shall be allowed within 500 feet of an active CAGN nest or 300 feet of an active CACW nest, or within an alternative safe distance as determined by the qualified biologist based on topography, visual shielding, nest progress, and the type of construction and associated disturbance, until the active nest has been determined by the qualified biologist to have failed or to have successfully gone to completion (i.e., the nestlings have fledged and are no longer reliant on the nest). Results of the nesting bird clearance survey, shall be compiled in a memorandum and submitted to the City and the USFWS for project records.
CANYON LOOP TRAIL IMPROVEMENT PROJECT Final Initial Study/Mitigated Negative Declaration January 2021 6 Mitigation Monitoring and Reporting Program Mitigation Number Mitigation Measure Monitoring and Reporting Process Monitoring Milestones Party Responsible for Monitoring VERIFICATION OF COMPLIANCE Initials Date Remarks BIO-4 The City of Diamond Bar shall protect special-status wildlife resources during construction. A qualified biologist shall conduct a pre-construction clearance survey prior to any ground disturbance and/or vegetation removal to search for special-status wildlife resources that may be present within the construction area. The biologist shall be thoroughly familiar with the habitat requirements and life histories of special-status species that could occur. The biologist shall submit survey results, including negative results, to CDFW following the survey and prior to the start of construction. If project-related activities are to be initiated during the general avian nesting season (January 1st through August 31st), a pre-construction nesting bird clearance survey shall be conducted within a 500-foot radius of the project footprint by a qualified biologist no more than 14 days prior to the start of any vegetation removal or ground-disturbing activities. The qualified biologist shall survey all suitable nesting habitat at appropriate nesting times within the project’s development footprint, and areas within a biologically-defensible buffer zone surrounding the project’s development footprint. If no active nests are detected during the clearance survey, project activities may begin, and no additional avoidance and minimization measures would be required. If project activities are delayed or suspended for more than 7 days during the breeding season, surveys shall be repeated before work can resume. If an active nest is found, the bird species shall be identified and a “no-disturbance” buffer shall be established around the active nest. Buffers shall be clearly delineated and marked around the active nest Completion of Preconstruction Clearance Survey/Nesting Bird Survey Prior to the Start of Ground Disturbance or Vegetation Removal Project Biologist; City of Diamond Bar
CANYON LOOP TRAIL IMPROVEMENT PROJECT Final Initial Study/Mitigated Negative Declaration January 2021 7 Mitigation Monitoring and Reporting Program Mitigation Number Mitigation Measure Monitoring and Reporting Process Monitoring Milestones Party Responsible for Monitoring VERIFICATION OF COMPLIANCE Initials Date Remarks site as directed by the qualified biologist. The buffer shall be 300 feet around active passerine (perching birds and songbirds) nests, 500 feet around active non-listed raptor nests, and 0.5-mile around active California Endangered Species Act (CESA)-listed bird nests. The qualified biologist shall advise workers of the sensitivity of the buffered areas, and workers shall not work, trespass, or engage in activities that would disturb nesting birds near or inside the buffer. The qualified biologist shall periodically monitor any active nests to determine if project-related activities occurring outside the “no-disturbance” buffer disturb the birds and if the buffer should be increased. Once the young have fledged and left the nest, or the nest otherwise becomes inactive under natural conditions, project activities within the “no-disturbance” buffer may occur following an additional survey by the qualified biologist to search for any new nests in the restricted area. A qualified biological monitor approved by CDFW shall be present during vegetation removal or grubbing activities. Any special-status wildlife that is found within the construction area shall be encouraged to move elsewhere or shall be physically moved out of harm’s way by the biologist if necessary. The biological monitor shall have the necessary state and/or federal permits or letters of permission from the wildlife agencies to relocate wildlife as necessary. CULTURAL RESOURCES CUL-1 If previously unidentified cultural resources are encountered during ground-disturbing activities, work in the immediate area shall halt and a qualified archaeologist, defined as an archaeologist who meets the Secretary of the Interior’s Professional Qualification Standards for archaeology, shall be During Construction; Preparation of Treatment Plan (If Resources are Found) During Ground-Disturbing Activities Construction Contractor; City of Diamond Bar; Project Archaeologist (If Necessary)
CANYON LOOP TRAIL IMPROVEMENT PROJECT Final Initial Study/Mitigated Negative Declaration January 2021 8 Mitigation Monitoring and Reporting Program Mitigation Number Mitigation Measure Monitoring and Reporting Process Monitoring Milestones Party Responsible for Monitoring VERIFICATION OF COMPLIANCE Initials Date Remarks contacted by the City of Diamond Bar Parks and Recreation Director, or designated designee, immediately to evaluate the find. If necessary, the evaluation may require preparation of a treatment plan and archaeological testing for California Register of Historical Resources (CRHR) eligibility. If the discovery proves to be eligible for the CRHR and cannot be avoided by project activities, additional work, such as data recovery excavation, may be warranted to mitigate any significant impacts to historical resources. In the event that an identified cultural resource is of Native American origin, the qualified archaeologist shall consult with the City of Diamond Bar Parks and Recreation Department staff to implement Native American consultation procedures. GEOLOGY AND SOILS GEO-1 If evidence of subsurface paleontological resources is found during construction, excavation and other construction activity in that area shall cease and the construction contractor shall contact the City of Diamond Bar Community Development Director. With direction from the Community Development Director, a paleontologist certified by the County of Los Angeles shall evaluate the find prior to resuming grading in the immediate vicinity of the find. If warranted, the paleontologist shall prepare and complete a standard Paleontological Resources Mitigation Program for the salvage and curation of the identified resources. Review of Paleontological Resources Mitigation Program (if Resources are Found); During Construction During Construction, Excavation and Other Construction Activity City of Diamond Bar; Project Paleontologist; Construction Contractor NOISE NOI-1 Prior to the initiation of construction, the City of Diamond Bar Director of Public Works, or authorized agents (such as the City’s Public Works Manager/Assistant City Engineer) acting within the scope of the particular duties delegated to them, shall Review of Project Plans and Specifications Periodic Site Inspections Construction Contractor; City of Diamond Bar
CANYON LOOP TRAIL IMPROVEMENT PROJECT Final Initial Study/Mitigated Negative Declaration January 2021 9 Mitigation Monitoring and Reporting Program Mitigation Number Mitigation Measure Monitoring and Reporting Process Monitoring Milestones Party Responsible for Monitoring VERIFICATION OF COMPLIANCE Initials Date Remarks ensure that all project plans and specifications stipulate that: All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and other State-required noise attenuation devices. A construction notice shall be mailed to residents within a 500-foot radius of the project and shall indicate the dates and duration of construction activities, as well as provide a City of Diamond Bar staff contact name and a telephone number where residents can inquire about the construction process and register complaints. Construction haul routes shall be designed to avoid noise sensitive uses to the maximum extent feasible (e.g., residences etc.). During construction, stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receivers. Construction equipment staging areas shall be located away from adjacent sensitive receptors. Pursuant to City of Diamond Bar Municipal Code Section 8.12.720, all construction activities associated with the proposed project shall be limited to the hours between 7:00 a.m. and 7:00 p.m. on weekdays and on Saturdays. Construction on Sundays and Federal holidays shall be prohibited.
CANYON LOOP TRAIL IMPROVEMENT PROJECT Final Initial Study/Mitigated Negative Declaration January 2021 10 Mitigation Monitoring and Reporting Program Mitigation Number Mitigation Measure Monitoring and Reporting Process Monitoring Milestones Party Responsible for Monitoring VERIFICATION OF COMPLIANCE Initials Date Remarks TRIBAL CULTURAL RESOURCES TCR-1 Prior to the commencement of any ground disturbing activity at the project site, the City of Diamond Bar shall retain a Native American monitor. The Native American monitor shall be selected from a tribe that has requested that a monitor be present, and in which the project site is within their ancestral region of occupation. The Native American monitor shall only be present on-site during the construction phases that involve ground-disturbing activities. Ground disturbing activities are defined as activities that may include, but are not limited to, grubbing, tree removals, boring, grading, excavation, drilling, and trenching. The Native American monitor shall complete daily monitoring logs that shall provide descriptions of the day’s activities, including construction activities, locations, soil, and any cultural materials identified. The on-site monitoring shall end when all ground-disturbing activities on the project site are completed, or when the Native American monitor has indicated that all upcoming ground-disturbing activities at the project site have little to no potential for impacting tribal cultural resources. Native American Monitoring During Construction Prior to Commencement of Any Ground Disturbing Activity Native American Monitor; Construction Contractor; City of Diamond Bar TCR-2 In the event tribal cultural resources are discovered during project construction, construction activities shall cease in the immediate vicinity of the find (not less than the surrounding 50 feet) until the find can be assessed. All tribal cultural resources unearthed by project activities shall be evaluated by the Native American monitor and a qualified archaeologist if one is present. If the resources are Native American in origin, the affected tribe will retain it/them in the form and/or manner the tribe deems appropriate, for educational, cultural and/or historic purposes. Work may continue in other parts of the project site while evaluation and any required recovery activities take Evaluation and Recovery of Any Tribal Cultural Resources Found During Construction In the Event Tribal Cultural Resources are Found Native American Monitor; Construction Contractor; City of Diamond Bar
CANYON LOOP TRAIL IMPROVEMENT PROJECT Final Initial Study/Mitigated Negative Declaration January 2021 11 Mitigation Monitoring and Reporting Program Mitigation Number Mitigation Measure Monitoring and Reporting Process Monitoring Milestones Party Responsible for Monitoring VERIFICATION OF COMPLIANCE Initials Date Remarks place. Preservation in place (i.e., avoidance) is the preferred manner of treatment. If preservation in place is not feasible, treatment may include implementation of archaeological data recovery excavations to remove the resource along with subsequent laboratory processing and analysis. TCR-3 In the event human remains are encountered during project construction, said remains shall require proper treatment in accordance with Health and Safety Code 7050.5, which dictates that any discoveries of human skeletal material shall be immediately reported to the County Coroner and excavation halted until the coroner has determined the nature of the remains. If the coroner recognizes the human remains to be those of a Native American or has reason to believe that they are those of a Native American, the coroner shall contact, by telephone within 24 hours, the Native American Heritage Commission and Public Resources Code (PRC) 5097.98 shall be followed. PRC 5097.98 requires identification of the “most likely descendent,” and that remains are investigated and that appropriate recommendations are made for treatment of the remains. Treatment of Human Remains (if Found During Construction) County Coroner to be Contacted Within 24 Hours of Find County Coroner; Construction Contractor; City of Diamond Bar
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