HomeMy WebLinkAbout20230405073727269 Specifications1
DEPARTMENT OF PUBLIC WORKS
CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR
GROUNDWATER DRAINAGE IMPROVEMENTS-PHASE 4 & 5
(COPLEY & MOONLAKE)
FY 2022-2023 PROGRAM
PROJECT NO. PW23401
All Questions Regarding This Project
Are To Be Directed To:
Christian Malpica
Associate Engineer
City of Diamond Bar
(909) 839-7038
Andrew Chou, Mayor
Stan Liu, Mayor Pro Tem
Ruth Low, Council Member
Chia Yu Teng, Council Member
Steve Tye, Council Member
Daniel Fox, City Manager
April 2023
CITY OF DIAMOND BAR
CONTRACT DOCUMENTS AND SPECIFICATIONS
GROUNDWATER DRAINAGE IMPROVEMENTS-PHASE 4 & 5
(COPLEY & MOONLAKE)
FY 2022-2023 PROGRAM
PROJECT NO. PW23401
3/31/2023
By:
Michael Todd Broussard, R.C.E. 57144 Date
PREPARED BY: TAIT & ASSOCIATES
701 NORTH PARKCENTER DR.
SANTA ANA, CA 92705
TELEPHONE: (714)560-8642
TABLE OF CONTENTS
ITEMS
PART I - BIDDING AND CONTRACTUAL DOCUMENTS
SCOPE OF WORK/INFORMATION FOR BIDDERS
PROPOSAL FORM
BID SCHEDULE
LIST OF SUBCONTRACTORS
DECLARATION OF ELIGIBILITY TO CONTRACT
BIDDER'S VIOLATION OF LAW/SAFETY QUESTIONNAIRE
CONTRACTOR’S INDUSTRIAL SAFETY RECORD
AFFIDAVIT FOR CO-PARTNERSHIP FIRM
AFFIDAVIT FOR CORPORATION BIDDER
AFFIDAVIT FOR INDIVIDUAL BIDDER
AFFIDAVIT FOR JOINT VENTURE
FAITHFUL PERFORMANCE BOND
LABOR AND MATERIAL BOND
BID BOND
CONTRACT AGREEMENT
PART II - GENERAL PROVISIONS
PART III- SPECIAL PROVISIONS
PART IV - TECHNICAL PROVISIONS
PART V - APPENDICES
APPENDIX A – STREET SWEEPING SCHEDULE
APPENDIX B – CONSTRUCTION & DEMOLITION REQUIREMENTS
PART I
BIDDING AND CONTRACTUAL
DOCUMENTS
1
CITY OF DIAMOND BAR
SCOPE OF WORK/INFORMATION FOR BIDDERS
GROUNDWATER DRAINAGE IMPROVEMENTS-PHASE 4 & 5 (COPLEY & MOONLAKE)
FY 2022-2023 PROGRAM
PROJECT NO. PW23401
SCOPE OF WORK: The work to be performed or executed under these plans and specifications
consists of utility trenching and restoration, the installation of a 4” and 6” storm drain to convey localized
groundwater to a nearby LACFCD storm drain, installation of a specified BMP treatment structure; and
other incidental and appurtenant work necessary for the proper construction of the contemplated
improvement, as indicated on the plans and contained within the specifications.
START OF WORK: Work shall begin within 10 calendar days from the date the Notice to Proceed is
issued by the City.
COMPLETION OF WORK: All work shall be completed within fifteen (15) working days from the
date the Notice to Proceed is issued by the City.
ENGINEER'S ESTIMATE : The GROUNDWATER DRAINAGE IMPROVEMENTS-PHASE 4
& 5 (COPLEY & MOONLAKE) Base Bid is estimated to cost $145,000 all in accordance with the
provisions of the Plans, Specifications, Notices and Instructions to Bidders.
BID BOND: Each bid 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 bid is accepted, will promptly execute the contract, secure payment of
Workers’ 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.
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 ($200.00) for each
laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer,
workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for
any work done under this AGREEMENT, by him or by any subcontractor under him.
Any classification omitted herein shall be paid not less than the prevailing wage scale as established for
similar work in the particular area, and all overtime shall be paid at the prevailing rates as established
for the particular area. Sunday and holiday time shall be paid at the wage rates determined by the
Director of Industrial Relations.
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CONTRACTOR and any of its subcontractors must be registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5, which precludes the award of a contract for a public
work on any public works project awarded after April 1, 2015. This Agreement is subject to compliance
monitoring and enforcement by the Department of Industrial Relations.
PAYMENT: Payment will be made to the Contractor in accordance with the Specifications.
CITY'S RIGHTS RESERVED: The City of Diamond Bar reserves the right to reject all bids, should
it deem this necessary for the public good, and also the bid of the bidder who has been delinquent or
unfaithful in any former contract with the City of Diamond Bar. No bidder may withdraw his bid for a
period of thirty (30) days after the date of the bid opening.
The City of Diamond Bar reserves the right to waive any irregularity or informality in any bid to extent
permitted by law.
BID AWARD: Subject to the reservations noted above, the contract will be awarded to the lowest
responsible bidder.
CITY OF DIAMOND BAR, CALIFORNIA
DATE:
By: David G. Liu, P.E.
Director of Public Works / City Engineer
RMRA Measure M R Local Return Gas Tax
eet Rehab.- Area 1a, 1b, 2 (Design)
n)
ntain Laurel)
anyon to Lemon)
to BCY)
82,779$ 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$
4-3-2023
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.
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 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.
BIDDER'S EXAMINATION OF SITE : Each bidder shall carefully examine 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.
INSURANCE: The Contractor shall not commence work under this contract until he has secured all
insurance 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.
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.
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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
no later than three working days before bid opening. Any interpretation or correction of the
contract documents will be made only by Addenda duly issued and a copy of such Addendum
will be mailed or delivered to each person receiving a set of the contract documents. No person
is authorized to make any oral interpretation of any provision in the contract documents to any
bidder, and no bidder is authorized to rely on any such unauthorized oral interpretation.
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.
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.
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.
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 installation of drainage
systems and piping.
4. The Contractor shall perform at least 50% of contract with its own forces.
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
5
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 twenty-four (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.
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
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.
BID BOND RETURN: Bid bonds of three or more low bidders, the number Being at the discretion of
the City, will be held for sixty (60) 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.
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 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 second lowest responsible bidder. If the second lowest responsible bidder refuses or fails
to execute the Contract, the City may award the Contract to the third lowest responsible bidder.
On the failure or refusal of such second or third lowest bidder to execute the Contract, such
bidder's guarantees shall be likewise forfeited to the City. The work may then be re-advertised.
"OR EQUAL": Pursuant to Division 5, Chapter 4, Article 4 (commencing at #4380) Government
Code, all specifications shall be deemed to include the words "or equal", provided however that
permissible exceptions hereto shall be specifically noted in the specifications.
EMPLOYMENT OF APPRENTICES: The Contractor, and all Subcontractors, shall comply with
the provisions in Sections 1777.5, (Chapter 1411, Statutes of 1968), and 1777.6 of the California
Labor Code concerning the employment of apprentices. The Contractor and any Subcontractor
under him shall comply with the requirements of said sections in the employment of apprentices;
however, the Contractor shall have full responsibility for compliance with said Labor Code
section, for all apprenticeable occupations, regardless of any other contractual or employment
relationships alleged to exist. In addition to the above State Labor Code Requirements regarding
the employment of apprentices and trainees, the Contractor and all Subcontractors shall comply
with Section 5 a. 3, Title 29 of the Code of Federal Regulations (29CFR).
6
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/her construction experience, and his/her
organization and plant facilities available for the performance of the contract.
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 the 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.
PERMITS, FEES AND LICENSES: The Contractor shall possess a valid City of Diamond Bar
Business License prior to the issuance of the first payment made under this Contract.
TIME OF COMPLETION AND LIQUIDATED DAMAGES: Bidder must agree to commence work
on the date of written "Notice to Proceed" of the City and to fully complete the project within
fifteen (15) working days thereafter. Bidder must agree also to pay as liquidated damages, the
sum of seven hundred fifty dollars ($750.00) for each calendar day thereafter.
CONFLICT OF INTEREST: In the procurement of supplies, equipment, construction and services
by sub-recipients, the conflict of interest provisions in the State Labor Code and US Department
of Labor Law. No employee, officer or agent of the sub-recipient shall participate in selection
or in the award or administration of a contract supported by Federal funds if a conflict of interest,
real or apparent, would be involved.
7
BIDDER'S PROPOSAL
FOR
GROUNDWATER DRAINAGE IMPROVEMENTS-PHASE 4 & 5 (COPLEY & MOONLAKE)
FY 2022-2023 PROGRAM
PROJECT NO. PW23401
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/she has carefully examined the location of the proposed work and has familiarized
himself/herself with all of the physical and climatic conditions and makes this bid solely upon
his/her own knowledge.
(d) That by submitting this Bidder's Proposal, he/she acknowledges receipt and knowledge of the
contents of those communications sent by the City of Diamond Bar to him/her at the address
furnished by him/her to the City of Diamond Bar when this Proposal Form was obtained.
(e) That he/she has carefully examined the specifications, both general and detail, and the drawings
attached hereto, and communications sent to him/her as aforesaid, and makes this proposal in
accordance therewith.
(f) That, if this bid is accepted, he/she will enter into a written contract for the performance of the
proposed work with the City of Diamond Bar.
8
(g) That he/she 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.
Address of Bidder Telephone of Bidder
City Zip Code Signature of Bidder
9
BID SCHEDULE
CITY OF DIAMOND BAR
CONTRACT DOCUMENTS AND SPECIFICATIONS
GROUNDWATER DRAINAGE IMPROVEMENTS-PHASE 4 & 5 (COPLEY & MOONLAKE)
FY 2022-2023 PROGRAM
PROJECT PW23401
BASE BID
ITEM
NO.
APPROX.
QUANTITY
UNIT
DESCRIPTION
WRITTEN IN WORDS
UNIT
PRICE
AMOUNT
1 1 LS MOBILIZATION
2 1 LS TRAFFIC CONTROL
3 9 EA INTERCEPT CURB DRAIN AND CONNECT TO 4"
STORM DRAIN PER DETAIL
4 140 LF INSTALL 6" DIA. PVC (SDR-35) PIPE IN OPEN CUT
TRENCH. INCLUDES BACKFILL AND AC T-CAP
5 360 LF INSTALL4" DIA. PVC (SDR-35) PIPE IN OPEN CUT
TRENCH. INCLUDES BACKFILL, LANDSCAPE
AND/OR AC T-CAP AS NECESSARY
6 5 EA INSTALL STORM DRAIN CLEAN-OUT PER SPPWC
STD. NO. 204-1.
7 200 LF INSTALL 4" DIA. PVC (SDR-35) PIPE, BY JACK
AND BORE, AT DRIVEWAY CROSSING. .
8 1 EA NSTALL SAND FILTER JUNCTION STRUCTURE
WITH HIGHFLOW BYPASS PER DETAIL A.
9 2 EA INSTALL PIPE TO PIPE JUNCTION STRUCTURE
PER LOS ANGELES COUNTY DEPARTMENT OF
PUBLIC WORKS STANDARD DRAWING NO. 332-1.
10 140 SF REMOVE AND REPLACE EXISTING CONCRETE
IN KIND, AS NECESSARY
11 1 EA INSTALL MODULAR WETLAND SYSTEM, MWS L-
4-4-C OR APPROVED EQUAL. INCLUDES
IRRIGATION.
12 5 LF REMOVE AND REPLACE EXISTING CURB AND
GUTTER AND REPLACE IN KIND. INCLUDE FULL
DEPTH AC SLOT PAVE.
10
TOTAL AMOUNT BASE BID SCHEDULE (IN FIGURES)
TOTAL AMOUNT BASE BID SCHEDULE (WRITTEN IN
WORDS):
______________
______________
The Contract will be awarded to the lowest responsible bidder based on the sum of base bid schedule.
$
11
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 includes 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.
NAME OF BIDDER (PRINT) SIGNATURE DATE
ADDRESS
CITY ZIP CODE TELEPHONE
STATE CONTRACTOR LICENSE NO. CLASSIFICATION EXPIRATION DATE
I declare under penalty of Perjury of the laws of the State of California that the representation
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
12
LIST OF SUBCONTRACTORS *
BID OPENING DATE ___________________________________
PROJECT NO. _______________________________________________
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
* 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
13
construction of streets or highways, including bridges in excess of one-half (1/2) of 1 percent (1%)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.
14
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 any other 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 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.
15
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 ________________, 20__ at ___________________ (place
of execution).
___
Signature
Name:________________________
Title:_______________________
Name of Company:
_____________________________
16
BIDDER'S VIOLATION OF LAW/SAFETY QUESTIONNAIRE
In accordance with Government Code Section 14310.5, 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:
NOTE: This questionnaire constitutes a part of the Proposal and signature on the
signature portion of this Proposal shall constitute signature of this
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: GROUNDWATER DRAINAGE IMPROVEMENTS-PHASE 4 & 5
(COPLEY & MOONLAKE)
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
2018 2019 2020 2021 2022 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, OSEA No. 102.
The above information was compiled from the records that are available to me at this time and I
declare under penalty of perjury that the information is true and accurate within the limitations of
these records.
________________________________ ___________________________
Name of Bidder (Print) Signature
Address State Contractor 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 bid 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 ______________________, 2023.
_______________________________________________
Signature of Officer Administering Oath (Notary Public)
19
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 bid 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 ______________________, 2023
_______________________________________
Signature of Officer Administering Oath (Notary Public)
20
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 bid 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 ______________________, 2023.
____________________________________________
Signature of Officer Administering Oath (Notary Public)
21
AFFIDAVIT FOR JOINT VENTURE
STATE OF CALIFORNIA )
)SS
COUNTY OF LOS ANGELES )
_________________________________________________________________ being first duly
sworn, deposes and says:
That he is _______________________________________________________________
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 ______________________, 2023.
____________________________________________
Signature of Officer Administering Oath (Notary Public)
22
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WE _______________________________
______________________________________________________________________________
hereinafter referred to as "Contractor" as PRINCIPAL, and ______________________________
as SURETY, are held and firmly bound unto the CITY OF DIAMOND BAR, CALIFORNIA
hereinafter referred to as the "City", in the sum of _______________________________Dollars
($ ______________) lawful money of the United States of America, for the payment of which
sum, will and truly to be made, we bind ourselves, jointly and several firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said contract has been
awarded and is about to enter into the annexed contract with said City for consideration of the
work under the specification entitled GROUNDWATER DRAINAGE IMPROVEMENTS-
PHASE 4 & 5 (COPLEY & MOONLAKE) and is required by said City to give this bond in
connection with the execution of said contract.
NOW, THEREFORE, if said Contractor shall well and truly do and perform all the covenants and
obligations of said contract on his part to be done and performed at the time and in the manner
specified herein; this obligation shall be null and void; otherwise it shall be in full force and effect;
PROVIDED, that any alterations in the work to be done, or the materials to be furnished, which
may be made pursuant to the terms of said Contract shall not in any way release said Contractor
or the Surety thereunder nor shall any extension of item granted under the provisions of said
Contract release either said Contractor or said Surety and notice of such alterations or extensions
of the Contract is hereby waived by such Surety.
In the event suit is brought upon this Bond by the obligee and judgment is recovered, said Surety
shall pay all costs incurred by the City in such suit, including a reasonable attorney's fees to be
fixed by the Court.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this ______________ day
of _____________________, 2022.
______________________________________ __________________________________
PRINCIPAL SURETY
BY: __________________________________ __________________________________
(SEAL) (SEAL)
2023.
23
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WE _______________________________
_____________________________________________________________________________
hereinafter referred to as "Contractor" as PRINCIPAL, and ______________________________
as SURETY, are held and firmly bound unto the CITY OF DIAMOND BAR, CALIFORNIA
hereinafter referred to as the "City", in the sum of _______________________________
DOLLARS ($ ________________) lawful money of the United States of America, for the
payment of which sum, well and truly to be made, we bind ourselves, jointly and several firmly
by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said Contract has been
awarded and is about to enter into the annexed Contract with said City for construction of the work
under City's specification entitled GROUNDWATER DRAINAGE IMPROVEMENTS-PHASE
4 & 5 (COPLEY & MOONLAKE) and is required by said City to give this bond in connection
with the execution of said Contract;
NOW, THEREFORE, if said Contractor in said Contract, or subcontractor, fails to pay for any
materials, provisions, provender or other supplies, or for the use of implements or machinery, used
in, upon, for or about the performance of the work contracted to be done, or for any work or labor
thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to
such work or labor, said Surety will pay for the same in an amount not exceeding the sum specified
above, and also in case suit is brought upon this bond, a reasonable attorney's fee, to be fined by
the court. This bond shall immure to the benefit of any and all persons entitled to file claims under
the Code of Civil Procedure of the State of California.
PROVIDED, that any alterations in the work to be done, or the material to be furnished, which
may be made pursuant to the terms of said Contract, shall not in any way release either said
Contractor or said Surety thereunder nor shall any extensions of time granted under the provisions
of said Contract release either said Contractor or said Surety, and notice of such alterations or
extensions of the Contract is hereby waived by said Surety.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this ______________day of
________________________________, 2023.
____________________________________ _________________________________
PRINCIPAL SURETY
BY: ________________________________ _________________________________
(SEAL) (SEAL)
24
BID BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WE _______________________________
__________________________________________________ as Principal, and _____________
_____________________________________________________________________________
as Surety, are held and firmly bound unto the City of Diamond Bar in the sum to ten percent (10%)
of the total amount of the bid of the Principal above named, to be paid to the said City or its certain
attorney, its successors and assigns; for which payment will and truly to be made, we bind
ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally,
firmly by these presents.
In no case shall the liability of the surety hereunder exceed the sum of _____________________
______________________________________________________________________________
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted
the above mentioned bid to the City of Diamond Bar for certain construction specifically described
as follows, for which bids are to be opened in PlanetBids on the date and time specified on
PlanetBids, for the GROUNDWATER DRAINAGE IMPROVEMENTS-PHASE 4 & 5
(COPLEY & MOONLAKE).
NOW, THEREFORE, if the aforesaid Principal is awarded the Contract, and within the time and
manner required under the specifications, after the prescribed forms are presented to him for
signature, enters into a written contract, in the prescribed form in accordance with the bid, and files
the two bonds with the City of Diamond Bar, one to guarantee faithful performance and other to
guarantee payments for labor and materials, as required by law, then this obligation shall be null
and void; otherwise it shall remain in full force and effect. In the event suit is brought upon this
bond by the obligee and judgment is recovered, the Surety shall pay all costs incurred by the City
in such suit, including a reasonable attorney's fees to be fixed by the Court.
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this ________________
day of _____________________________, 2023.
____________________________________(SEAL)
PRINCIPAL
____________________________________
SIGNATURE AND TITLE
____________________________________(SEAL)
SURETY
____________________________________
SIGNATURE AND TITLE
NOTE: Signatures of those executing for the Surety must be properly acknowledged.
25
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:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
26
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: ____________________, 2023.
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.
27
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 and other bidder to put in a false or sham bid, and has not directly
or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid,
or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly,
sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any
other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder,
or to secure any advantage against the public body awarding the contract of anyone interested in the
proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not,
directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or
divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation,
partnership, company association, organization, bid depository, or to any member or agent thereof to
effectuate a collusive or sham bid.
________________________________
Signature of Bidder
STATE OF CALIFORNIA )
) SS
COUNTY OF LOS ANGELES )
Subscribed and sworn to before me this ________________day of ___________________2023.
Notary Public in and for the County of
______________________________________________________________ State of California
28
Bidder Agrees to Execute Agreement
In Substantially This Form
PUBLIC WORKS AGREEMENT
(Uniform Cost Accounting Contract-DBMC Chapter 3.25)
The following agreement ("Agreement") is made and entered into, in duplicate, as of the date
executed by the City Manager and attested to by the City Clerk, by and between ____________________
[Insert the type of entity of the Consultant, e.g., Inc., a California corporation; a California general
partnership; a California limited liability company; a sole proprietor; etc.] hereinafter referred to as the
"Contractor" and the City of Diamond Bar, California, hereinafter referred to as "City."
WHEREAS, City received Contractor’s bid on [Insert Date]; and
WHEREAS, City accepted the bid of Contractor under its Uniform Public Construction Cost
Accounting Ordinance, Diamond Bar Municipal Code Chapter 3.25 (“UPCCA Ordinance”); and
WHEREAS, the UPCCA Ordinance authorizes the City Manager to execute written contracts with
the Contractor for furnishing labor, equipment and material for the GROUNDWATER DRAINAGE
IMPROVEMENTS-PHASE 4 & 5 (COPLEY & MOONLAKE) in the City.
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 GROUNDWATER DRAINAGE
IMPROVEMENTS-PHASE 4 & 5 (COPLEY & MOONLAKE) in the City (the “Work”). The Work
to be performed in accordance with the plans dated [Insert Date] (the “Plans”) on file with the City and
in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City’s
Project Manager, who is Christian Malpica, Associate Engineer, 909-839-7042.
2. INCORPORATED DOCUMENTS TO BE CONSIDERED
COMPLEMENTARY/PRIORITY OF DOCUMENTS: The Plans are incorporated herein by reference
and made a part hereof with like force and effect as if set forth in full herein. The Plans, Contractor’s bid
dated [Insert Date] (“Contractor’s Bid”) together with this Agreement shall constitute the entire
agreement 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 this
Agreement 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
(3) Contractor's Bid (collectively, the “Contract Documents”).
3. COMPENSATION: Contractor agrees to receive and accept the prices set forth in its
Contractor’s Bid as full compensation for furnishing all materials, performing all Work, and fulfilling all
obligations hereunder. Said compensation in the amount of ____________ Dollars ($___) 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 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 for at least 30 days after the time in which
29
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 AGREEMENT/LIQUIDATED DAMAGES: Contractor agrees to complete
the work within Fifteen (15) working days from the date of the notice to proceed (the “Completion
Date”).
Contractor agrees to the assessment of liquidated damages in the amount of Seven Hundred Fifty
Dollars ($750) 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 Completion Date shall not
constitute a waiver of liquidated damages
5. INSURANCE: Contractor shall not commence work under this Agreement until it has
obtained all insurance required hereunder in a company or companies acceptable to City nor shall the
Contractor allow any sub-contractor to commence work on his sub-contract until all insurance required of
the sub-contractor 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 sub-contractors 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 - $2,000,000 per accident for bodily injury and property
damage.
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:
30
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) 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 sub-contractor in
performing the work provided for herein;
6) Otherwise be in form satisfactory to the City.
d. 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.
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, 21810 Copley Drive, Diamond Bar, California, and are available to any interested party on
request. Contractor 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 sub-contractor under him.
Contractor and any of its sub-contractors 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 to a person not registered. This Agreement
is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
31
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 Contractors on the public works site are making such contributions.
Contractor and any sub-contractor 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 Agreement, 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.
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 sub-contractors 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,
sub-contractors 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
32
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.
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 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, sex, mental disability, physical disability, religion or other reason set forth in Government Code §
12940 of such person. Contractor agrees to post in conspicuous places available to employees and
applications, a notice setting forth provisions of this non-discrimination clause. A violation of this section
exposes the Contractor to the penalties provided for in Labor Code Section 1735.
12. RESERVED:
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 for any reason 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
33
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. ________________________
Contractor’s Business Phone:
Contractor’s emergency phone which can be reached at any time:
34
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.
[Full Name of Contractor]
By: ______________________________________
Title: _________________________________
Date:
By:
Title:
Date:
CITY OF DIAMOND BAR, CALIFORNIA
By: _____________________________________
Andrew Chou, MAYOR
__________________________
Date
ATTEST:
By: _____________________________________
Kristina Santana, CITY CLERK
__________________________
Date
APPROVED AS TO FORM:
_____________________________________
Omar Sandoval, CITY ATTORNEY
_____________________________
Date
35
*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.
36
PART II
GENERAL PROVISIONS
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GENERAL PROVISIONS
FOR
GROUNDWATER DRAINAGE IMPROVEMENTS-PHASE 4 & 5 (COPLEY & MOONLAKE)
PROJECT NO. PW23401
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; Plans, Sketches and Spreadsheets herein, Standard Construction Drawings; and
these Special Provisions.
2. MODIFICATIONS TO THE STANDARD SPECIFICATIONS
Section 1. General.
Subsection 1-6.1. 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. Such an addendum shall be incorporated as part of the bid documents. Failure of the
bidder to submit a bid proposal with acknowledgement of addendum/addenda issued will be
grounds to find the proposal non-responsive.
Section 1-7. 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 in writing directly to Christian Malpica, Associate
Engineer. 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.
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(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)
The Notice to Bidders, Proposal, 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 for the corporation is duly
authorized to do so.
Section 3 - CONTROL OF THE WORK
Section 3-10. Surveying
Subsection 3-10.1. General. Replace the entire subsection and substitute the following:
The Contractor shall provide surveying and construction staking required for the construction of this
project. The Contractor shall submit to the City for approval, the qualifications of the Licensed Land
Surveyor, prior to commencing the construction staking.
All survey monuments, centerline ties and survey reference points shall be protected in place or
reestablished where disturbed, in accordance with Section 8771 of the Professional Land Surveyor’s
Act (Business & Professions Code Section 8700 et seq.), prior to Project acceptance. This work will
be the responsibility of the Contractor and shall be at the Contractor’s sole cost and expense.
All construction control surveying, including verification of the existing surfaces required to establish
control of line and grade for the finish surface, shall be performed under the supervision of a
Registered Civil Engineer or Licensed Land Surveyor at the expense of the Contractor.
Survey stakes shall be set and stationed by the Contractor’s surveyor as follows:
1) Drains 50' intervals and change of alignment or grade
2) Water 40' intervals and change of alignment or grade
3) Sewer 40’ intervals and change of alignment or grade
4) Structures 4 corners with reference elevations
5) Rough Grade As required to achieve cut or fill to finished grade (or flow line) as
indicated on a grade sheet (maximum interval of: 50' intervals,
50’ grid pattern, and change of alignment or grade)
6) Finish Grade As required to achieve cut or fill to finished grade (or flow line) as
indicated on a grade sheet (maximum interval of: 25' intervals,
25’ grid pattern, and change of alignment or grade; as well as
15’ intervals and 15’ grid pattern for intersections and curb
return areas)
Offsets and locations shall be as agreed upon. The Contractor shall transfer grade hubs for
construction as he may require. The Engineer shall have the right to verify the Contractor’s survey
extensions, and if found deficient, the Contractor shall pay the costs thereof.
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Subsection 3-10.3 Line and Grade. Delete the entire subsection and substitute the following:
All work, including finished surfaces, shall during its progress and upon completion conform to the
lines, grades, cross-sections, elevations and dimensions shown on the Plans. All distances and
measurements are given thereon and will be made in a horizontal plane. Three consecutive points
shown on the same rate of slope must be used in common in order to detect any variation from a
straight line. In the event any discrepancy exists, it must be reported to the City’s Representative.
Failure to make this report shall make the Contractor responsible for any error in the finished work.
Minor deviations from approved plans, whenever required by the exigencies of construction, shall be
determined in all cases by the City’s Representative and authorized in writing.
Subsection 3-10.3 Permanent Survey Markers. Add the following entire subsection:
The Land Surveyors Act, Section 8771 of the Business and Professional Code, and Sections 732.5,
1492-5, and 1810-5 of the Streets and Highways Code require that survey monuments shall be
protected and perpetuated.
The Contractor shall be responsible prior to the start of construction for locating, referencing, and
filing of Corner Records with the County Surveyor’s office for survey control points/ monuments
that exist as shown on recorded Tract Maps, Parcel Maps, Records of Surveys and Highway Maps
which are going to be affected or disturbed by the proposed construction.
After the proposed completion of the proposed construction, said monuments and/or control survey
points shall be reset to the new surface in accordance with current professional land surveying
practices. Corner Records shall be filed with the County Surveyor, with a copy provided to the City,
for all new monuments set.
Section 3-12. Work Site Maintenance.
Subsection 3-12.6.1 General is amended by the addition of the following:
The contractor shall conform to the requirements of the National Pollutant Discharge Elimination
System (NPDES) Permit for Construction Activities, NPDES No. CAS000002.
Subsection 3-12.6.2 Best Management Practices (BMPs) is amended by the addition of the following:
The Contractor shall protect by any means all construction related materials from being discharged
from the site by the forces of wind or water. At a minimum the 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.
Subsection 3-12.7 Environmental Provisions is hereby added to the Standard Specifications.
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:
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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.
Section 3-13. Completion, Acceptance, and Warranty.
Subsection 3-13.1 Final Cleanup and Closeout is amended by the addition of the following:
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. Required written guarantees.
B. Complete list of subcontractors and principal vendors engaged in the execution of the work,
including addresses and telephone numbers.
C. 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.
Subsection 3-13.2 Acceptance is amended by the addition of the following:
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.
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
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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.
Section 4-3. Inspection:
[Add the following text]
The Work is subject to inspection and approval by the Engineer. The Contractor shall notify the Engineer
a minimum of 48 hours in advance of the required inspection.
The Engineer will make, or have made, such inspections and tests as he deems necessary to see that the
Work is in conformance with the Contract Documents. In the event such inspections or tests reveal
noncompliance with the Contract Documents, the Contractor shall bear the cost of such corrective
measures as deemed necessary by the Engineer, as well as the cost of subsequent re-inspection and re-
testing.
Work done in the absence of inspection by the Engineer may be required to be removed and replaced
under the inspection of the Engineer, and the entire cost of removal and replacement, including the cost
of all materials which may be furnished by the CITY and used in the work thus removed, shall be borne
by the Contractor, regardless of whether the work removed is found to be defective or not. Work covered
without the approval of the Engineer shall, if so directed by the Engineer, be uncovered to the extent
required by the Engineer, and the Contractor shall similarly bear the entire cost of performing all the work
and furnishing all the materials necessary for the removal of the covering and its subsequent replacement,
including all costs for additional inspection.
The Engineer and any authorized representatives shall at all times have access to the Work during its
construction at shops and yards as well as the Work site. The Contractor shall provide every reasonable
facility for ascertaining that the materials and workmanship are in accordance with the Contract
Documents.
Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the
Contract.
Add the following subsections:
4-3.4 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 unless waived by the
engineer. The special inspection will be charged at the following rates:
Mondays through Fridays - $100.00 per hour
Saturdays, Sundays, Holidays - $1,000.00 per day
Fees may be deducted from payments due to the Contractor at the discretion of the Engineer.
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4-4 Testing. 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 4-9. Recycling of Material is hereby added to the Standard Specifications.
4-9.1 Recycling of Asphalt Concrete, Portland Cement Concrete.
4-9.2 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 B for further information.
Section 5. Legal Relations and Responsibilities
Subsection 5-3. 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 5-4.1. Contractor's Responsibility for Work, is amended by the following:
Reference is made to Section 3-13 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.
5-7 Safety.
Subsection 5-7.7. Security and Protective Devices, is amended by the addition of the following:
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
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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.
Section 6. Prosecution and Progress of the Work. This section is modified by addition of the following
subsections.
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 8:30 a.m. to 4:30 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 on arterial streets 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.
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Section 7. Measurement and Payment. This section is modified by the addition of the following
sections:
Subsection 7-3, Payment 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.
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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.
7-4.3 Markup.
[Delete Subsection in total and replace with the following]:
(a) Work by Contractor. The following percentages shall be added to the
Contractor’s costs and shall constitute the markup for all overhead and profits:
1) Labor 20
2) Materials 15
3) Equipment Rental 15*
4) Other Items and Expenditures 15
* Equipment Rental rates shall be based on the latest applicable Caltrans Equipment Rental
Rates.
(b) Work by Subcontractor. When all or any part of the extra work is performed by a
Subcontractor, the markup established in 7-4.3.1 shall be applied to the
Subcontractor’s actual cost of such work. A markup of 10 percent on the first
$5,000 of the subcontracted portion of the extra work and a markup of 5 percent
on work added in excess of $5,000 of the subcontracted portion of the extra work
may be added by the Contractor.
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Section 402. Utilities. This section is modified by addition of the following subsections.
Subsection 402-1. General. 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:
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
Walnut Elementary School
841 Glenwick Ave,
Diamond Bar, CA 91765
(909) 594-1405
Los Angeles County Department of Public
Works
900 South Fremont Avenue
Alhambra, California 91803
Operation Services
(626) 458-1708
Sewer Maintenance
(626) 458-7117
SC Gas Brea - Transmission
9400 Oakdale Ave
Chatsworth, CA 91311
Rosalyn Squires
(818)701-4546
Rsquires@Semprautilities.Com
Southern California Edison
7333 Bolsa Avenue
Westminster, CA 92683
Cindy Verrengia
(714) 895-0188
UND@sce.com
Southern California Edison - Transmission
7333 Bolsa Avenue
Westminster, CA 92683
Richard Orozco
(909) 394-2814
richard.orozco@sce.com
Southern California Edison -
Transmission
7333 Bolsa Avenue
Westminster, CA 92683
Eric Lopez
(626) 422-9256
eric.7.lopez@sce.com
Verizon - Pomona
Attn: Engineering
1400 E. Phillips
Pomona, CA 91766
Ariel Fatalla
(909)469-6333
Walnut Valley Water District
271 S. Brea Canyon Rd.
Walnut, CA 91789
Ed Castanon
(909) 595-1268 x267
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Los Angeles County Sheriff's Department
21695 E. Valley Blvd.
Walnut, California 91789
(909) 595-2264
Los Angeles County Fire Department
Station 120
1051 South Grand Avenue
Diamond Bar, California 91765
(909) 861-5995
Los Angeles County Fire Department
Station 119
20480 Pathfinder Road
Diamond Bar, California 91789
(909) 598-4290
Los Angeles County Fire Department
Station 121
346 Armitos Place
Diamond Bar, California 91765
(909) 396-0164
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 402-2. 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 600-Access.
Section 601 – Temporary Traffic Control for Construction and Maintenance Work Zones 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.
Section 600-4. Public Notification is hereby added to the Standard Specifications
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 and residents, a good
Public Relations Program is mandatory and evidence of satisfactory past performance in this area
will be required.
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The City will require the Contractor to distribute one (1) “Public Notice” to each business and
residence affected by the program. The notice shall be distributed to each business and residence ten
(10) calendar days prior to the start of any work. Said notice shall be provided by the Contractor.
Prior to distribution, all notices shall be reviewed and approved by the City.
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.
Section 601. Temporary Traffic Control for Construction and Maintenance Work Zones.
Section 601-1. General is amended by the addition of 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 on multi-lane streets.
The Contractor shall prepare any traffic control or detour plans when directed in the technical
provisions under Traffic Control.
Lane transitions shall conform 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 civil or 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.
Clearances from traffic lanes shall be 5-feet to the edge of any excavation and 2-feet to the face of
any curb, pole, barricade, delineator, or other vertical obstruction.
One 4-foot wide paved pedestrian walkway shall be maintained in the parkway area on each side of
all streets.
No lanes shall be closed outside of the allowed working hours. At the close of each working day, all
lanes shall be open to traffic.
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
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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 California
MUTCD Latest Edition shall be used for all traffic control on this project.
SP-1
PART III
SPECIAL PROVISIONS
SP-2
SPECIAL PROVISIONS
FOR
GROUNDWATER DRAINAGE IMPROVEMENTS-PHASE 4 & 5 (COPLEY &
MOONLAKE)
PROJECT NO. PW23401
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
electronic mail, PlanetBidsTM or personal delivery, during the period of advertising.
TIME LIMIT AND NOTICE TO PROCEED
All work shall be completed within fifteen (15) 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 as shown on the Notice to Proceed. 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 in writing 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.
CHANGES IN THE WORK
Section 2-7.1 of the SSPWC 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.
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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 Section 6-1 of the SSPWC, the Contractor shall submit a written proposed
construction schedule to the City Engineer ten (10) calendar days prior to the start of work. The
schedule shall list all necessary preparatory work, vegetation removal, street cleaning, and
construction schedule for pavement repair and replacement, crack sealing, sidewalk, curb ramps, curb
and gutter, and driveway approach replacement for each street. Such schedule shall be subject to
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. The Contractor shall also
submit a map showing the specific dates by which the streets will be repaired ten (10) calendar days
prior to the start of work. The submitted map will be subject to the City’s approval which will take
into consideration traffic and community impacts.
TRAFFIC CONTROL AND PHASING PLANS
In accordance with the Construction Schedule, the Contractor shall provide the City with Traffic
Control Plans and Phasing Plans ahead at least ten (10) calendar days prior to the start of construction
work in the street being improved. Failure to comply with this requirement shall result in loss of time.
In the event that there are liquidated damages resulting from loss of time resulting from failure to
comply with submittal of Traffic Control and Phasing Plans shall be recommended for liquidated
damages.
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
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:
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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.
PROJECT CONSTRUCTION SITE
It shall be the Contractor’s responsibility to locate a construction and staging site, and such sites either
located on public or private property must be approved in advance by the City Engineer.
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 shall
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.
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 - $1,000.00 per day
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Fees may be deducted from payments due to the Contractor at the discretion of the Engineer.
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.
Questions regarding trash collection can be directed to:
Waste Management Valley Vista Services
(626) 856-1285
(800) 442-6454
(818) 960-7551
REMOVAL OF MATERIALS
Materials which are to be disposed of include, but are not limited to:
Saw-cut asphalt pavement and base 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, C12 or C32, 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 take
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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, 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 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.
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(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.
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
that the aforesaid amount is presumed to be the amount of damages sustained by reason
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of any such violation, because, from the circumstances and the nature of the violation,
it is impracticable and extremely difficult to fix actual damages.
PART IV
TECHNICAL PROVISIONS
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TECHNICAL PROVISIONS
FOR
GROUNDWATER DRAINAGE IMPROVEMENTS-PHASE 4 & 5 (COPLEY &
MOONLAKE)
PROJECT NO. PW23401
MEASUREMENT & PAYMENT SUMMARY:
As a convenience to the Contractor, all measurement & payment clauses for the contract bid items
have been consolodated and presented on the following pages. The bid items have been organized in
order of the bid schedule:
1) Project Mobilization & Demobilization - Measurement and payment for mobilization and
demobilization will be based upon a Lump Sum (LS), non-proratable price, and shall require
completion of all of the listed mobilization items during the first 7 days following the Notice
to Proceed.
Payment for mobilization and demobilization will be made per the named lump sum price
named in the Bid Schedule, which price shall constitute full compensation for all such work.
The scope of the work included under Pay Item No. 1 shall include the obtaining of all
insurance, and permits, moving onto the site of all equipment, and the furnishing as required
for the proper performance and completion of the Work.
Mobilization shall include, but not be limited to, the following principal items:
1. Moving onto the site of all Contractor's equipment required for operations.
2. Developing and installing construction water supply.
3. Providing all on-site sanitary facilities and potable water facilities for workers.
4. Obtaining and paying for all required insurance, and permits.
5. Posting all OSHA-required notices, and establishment of OSHA-approved safety
programs.
6. Providing a full-time Contractor's superintendent.
7. Submitting of the required Construction Schedule, as specified in Section 6-1,
"Construction Schedule and Commencement of Work," of the Standard Specifications.
8. Surveying
Demobilization includes removal and cleanup of said facilities under Mobilization.
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In addition to the requirements specified above, all submittals shall conform to the applicable
requirements of Section 2-5.3, "Shop Drawings and Submittals" of the Standard Specifications.
No payment for any of the listed initial mobilization work items will be made until all of the
listed items have been completed to the satisfaction of the Engineer.
The aforementioned amount will be retained by the City as the agreed, estimated value of
completing all of the mobilization items listed. Any such retention of money for failure to
complete all such mobilization items as a lump-sum item shall be in addition to the retention
of any payment pursuant to the provisions of Public Contract Code 22300.
2) Traffic Control & Public Safety - Measurement for traffic control & public safety will be
based upon a Lump Sum (LS) price. Payment for Traffic Control & Public Safety shall be in
accordance with the WATCH Manual.
Payment for traffic control & public safety will be made at the lump sum price named in the
Bid Schedule, which price shall constitute full compensation for the completion of all planning,
design, engineering, furnishing, and construction of all traffic control including all materials,
manpower, equipment, changeable message boards, performing all operations, and the removal
and disposal of all such traffic control & safety devices.
3) INTERCEPT CURB DRAIN AND CONNECT TO 4" STORM DRAIN PER
DETAIL. - Measurement & Payment for this item shall be at the contract unit bid price per
Each (EA) and shall be considered full compensation for furnishing labor, materials,
equipment, and disposal to complete the construction as indicated, including trenching,
excavation, installation of new pipe fittings, backfill, and reinstatement of existing landscape
and/or PCC. No additional compensation will be allowed, therefore.
4) INSTALL 6" DIA. PVC (SDR-35) PIPE IN OPEN CUT TRENCH. INCLUDES
BACKFILL AND AC T-CAP - Measurement & Payment for this item shall be at the contract
unit bid price per Linear Foot (LF) and shall be considered full compensation for furnishing
labor, materials, equipment, and disposal to complete the construction as indicated, including
saw cutting, excavation, installation of new pipe, backfill, and AC T-Cap. No additional
compensation will be allowed, therefore.
5) INSTALL 4" DIA. PVC (SDR-35) PIPE IN OPEN CUT TRENCH. INCLUDES
BACKFILL, LANDSCAPE AND/OR AC T-CAP AS NECESSARY - Measurement &
Payment for this item shall be at the contract unit bid price per Linear Foot (LF) and shall be
considered full compensation for furnishing labor, materials, equipment, and disposal to
complete the construction as indicated, including saw cutting, excavation, installation of new
pipe, backfill, and reinstatement of landscape and/or AC T-Cap. No additional compensation
will be allowed, therefore.
6) INSTALL STORM DRAIN CLEAN-OUT PER SPPWC STD. NO. 204-1.-
Measurement & Payment for this item shall be at the contract unit bid price per Each (EA)
and shall be considered full compensation for furnishing labor, materials, equipment, and
disposal to complete the construction as indicated, including removal and hauling existing
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improvements, and installation of clean out, backfill and reinstatement of landscape and or AC
T-Cap. No additional compensation will be allowed, therefore.
7) INSTALL 4" DIA. PVC (SDR-35) PIPE IN BY JACK AND BORE AT DRIVEWAY
CROSSING. - Measurement & Payment for this item shall be at the contract unit bid price per
Linear Foot (LF) and shall be considered full compensation for furnishing labor, materials,
equipment, and disposal to complete the construction as indicated, including excavation,
boring, installation of new pipe, backfill, and reinstatement of landscape or PCC. No additional
compensation will be allowed, therefore.
8) INSTALL SAND FILTER JUNCTION STRUCTURE WITH HIGHFLOW BYPASS
PER DETAIL A.- Measurement & Payment for this item shall be at the contract unit bid price
per Each (EA) and shall be considered full compensation for furnishing labor, materials,
equipment, and disposal to complete the construction as indicated, including removal and
hauling existing improvements, and installation of junction box, sand, crushed rock, filter
fabric, coring, 3” PVC PIPES, backfill and reinstatement of landscape and or PCC. An
approved equal Junction Box may be submitted but must have the same footprint and depth as
specified on plans to the satisfaction of the CITY. No additional compensation will be allowed,
therefore.
9) INSTALL PIPE TO PIPE JUNCTION STRUCTURE PER LOS ANGELES
COUNTY DEPARTMENT OF PUBLIC WORKS STANDARD DRAWING NO. 332-1.-
Measurement & Payment for this item shall be at the contract unit bid price per Each (EA)
and shall be considered full compensation for furnishing labor, materials, equipment, and
disposal to complete the construction as indicated, including removal and hauling existing
improvements, and installation of junction structure, coordination with LACFCD inspector,
backfill and AC T-Cap. No additional compensation will be allowed, therefore.
10) REMOVE AND REPLACE EXISTING CONCRETE IN KIND, AS NECESSARY.
- Measurement & Payment for this item shall be at the contract unit bid price per Square Foot
(SF) and shall be considered full compensation for furnishing labor, materials, equipment, and
disposal to complete the construction as indicated, including sawcut, removal and hauling
existing improvements, and installation/replacement of PCC. No additional compensation will
be allowed, therefore.
11) INSTALL MODULAR WETLAND SYSTEM, MWS L-4-4-C, OR APPROVED
EQUAL. INCLUDES IRRIGATION - Measurement & Payment for this item shall be at the
contract unit bid price per Each (EA) and shall be considered full compensation for furnishing
labor, materials, equipment, and disposal to complete the construction as indicated, including
removal and hauling existing improvements, and installation of Modular Wetland System,
providing irrigation from existing City owned irrigation system, backfill and reinstatement of
existing landscape and/or PCC. An Approved Equal, must meet same treatment
characteristics, footprint, depth, etc, to the satisfaction of the CITY. No additional
compensation will be allowed, therefore.
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12) REMOVE AND REPLACE EXISTING CURB AND GUTTER AND REPLACE IN
KIND. INCLUDE FULL DEPTH AC SLOT PAVE. - Measurement & Payment for this
item shall be at the contract unit bid price per Linear Foot (LF) and shall be considered full
compensation for furnishing labor, materials, equipment, and disposal to complete the
construction as indicated, including excavation, forming,
PCC, and full depth Asphalt slot pave. No additional compensation will be allowed, therefore.
9-4.26 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.
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.
9-4.27 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.
9-4.28 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.
9-4.29 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:
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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.
9-4.30 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.
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.
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.
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SECTION ONE
MOBILIZATION AND DEMOBILIZATION
PART 1 GENERAL
1.01 DESCRIPTION
A. Reference: Bid Item No. 1
B. Work specified in this section consists of preparatory work and operations at the start
of the Contract Work and removal of those items at Contract completion.
1. Mobilization: Mobilization includes but is not limited to, operations necessary
for the movement of personnel, equipment, supplies, and incidentals to the
Worksite; for the establishment of all offices, buildings and other facilities
necessary for work on the project; and for all other work and operations which
must be performed or are incidental to beginning work on the various contract
items. Mobilization also includes preparation of the applicable items included
in Subsection 9-4.1 of the General Provisions under “Measurement and
Payment”.
2. Demobilization: Demobilization includes, but is not limited to, operations
necessary for the removal of personnel, equipment, supplies, and incidentals
from the Worksite, Contractor-owned structures, facilities, materials, and
debris; and for all other work and operations which must be performed or are
incidental to the completion of work of the various contract items.
C. The Contractor shall bid item1 at no more than 10% (ten percent) of the total Base Bid.
1.02 DELIVERY
A. Delivery to the Worksite of construction tools, equipment, materials, and supplies shall
be accomplished in conformance with local governing regulations.
PART 2 PRODUCTS
2.01 MATERIALS
A. The Contractor shall provide construction tools, equipment, materials, and supplies of
the type and quantities which will facilitate the timely execution of the Work.
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PART 3 EXECUTION
3.01 INSTALLATION AND REMOVAL
A. The Contractor shall provide personnel, products, construction materials, equipment,
tools, and supplies at the Worksite at the time they are scheduled to be installed or
utilized.
B. The Contractor shall locate plant or plants appropriately close to the portion of the
Work for which it will be used.
C. Upon completion of the Work, the Contractor shall remove construction tools,
apparatus, equipment, unused materials and supplies, plant, and personnel from the
jobsite.
3.02 CLEANUP
A. During progress of work, keep premises reasonably free of debris and waste materials.
B. During progress of work on cul-de-sac streets, the Contractor shall continuously sweep the
bulb areas.
B. Upon completion of work, remove all debris, rubbish, leftover material, tools and
equipment from project site.
END OF SECTION
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SECTION TWO
TRAFFIC CONTROL
PART 1 GENERAL
1.01 DESCRIPTION
A. Reference: Bid Item No. 2
B. The work specified in this section includes providing all materials, manpower,
equipment, and performing all operations to control traffic through the project site
during construction as specified in these Technical Provisions.
1.02 REFERENCE STANDARDS
The following specifications and standards listed in this paragraph form a part of this
specification to the extent required by the references thereto:
B. American Public Works Association APWA
1. 2019 Work Area Traffic Control Handbook (W.A.T.C.H.)
PART 2 PRODUCTS
2.01 GENERAL
Contractor shall provide and furnish all materials necessary for traffic control during
construction, and as directed by the Engineer.
PART 3 EXECUTION
3.01 GENERAL
A. Traffic control equipment shall conform to City of Diamond Bar Requirements;
Subsection 56-2 of the CALTRANS Standard Specifications, CALTRANS Standard
Plans, California MUTCD; APWA WATCH Manual; and as required by the Engineer.
B. Contractor shall furnish, construct, maintain, and remove detours, road closures, lights,
signs, pavement markings and striping, barricades, fences, flares, miscellaneous traffic
devices, flag crew, drainage facilities, paving, and such other items and services as are
necessary to adequately safeguard the public from hazard and inconvenience. All such
work shall comply with the ordinances, directives, and regulations of the local
authorities with jurisdiction over the public roads in which the construction takes place
and over which detoured traffic is routed by the Contractor.
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C. Prior to the start of construction operations on any public street, Contractor shall notify the
City of Diamond Bar law enforcement, traffic enforcement, and fire department, giving the
expected starting date, completion date, and the name and telephone number of a
responsible person who may be contacted at any hour on any day in the event of a condition
requiring immediate correction.
D. All steel plates placed shall be set flush with the surrounding asphalt by grinding a notch
just large enough to fit the steel plates.
3.02 CONSTRUCTION SIGNING
A. The Contractor shall maintain a 24-hour emergency service to remove, install, relocate,
and maintain warning devices and furnish to the Engineer names and telephone
numbers of three persons responsible for this emergency service. In the event these
persons do not promptly respond or the local authorities or district deem it necessary
to call out other forces to accomplish emergency service, the Contractor will be held
responsible for the cost of any such emergency service.
B. Signs shall be illuminated or reflectorized when they are used during hours of darkness.
Cones, delineators or barricades used in the diversion of traffic shall be equipped with
flashers or other illumination if in place during hours of darkness.
3.03 VEHICULAR TRAFFIC CONTROL
A. General
1. Contractor shall be responsible for adequate barricading of the work area and
controlling of traffic in the vicinity of the project as specified in Subsection 601
of the General Provisions.
3. Traffic control plans shall not be required for residential streets, but traffic
control intent and methodology shall be submitted to the Engineer a minimum
of fourteen (14) calendar days in advance of implementation for approval.
3.04 PEDESTRIAN ACCESS
A. Pedestrian facilities shall be provided through construction areas within the right-of-
way as specified herein.
B. Contractor shall maintain and safely delineate a minimum of one four foot-wide
pedestrian walkway along each public street at all times during construction.
3.05 ACCESS TO ADJACENT PROPERTIES
A. Contractor shall maintain reasonable access from public streets to all adjacent properties at all
times during construction. Forty-eight hours prior to restricting normal access from public streets
to adjacent properties, Contractor shall notify the Engineer, informing him/her of the nature of the
TP - 10
access restriction, the approximate duration of the restriction, and the best alternate access route
for that particular property.
END OF SECTION
TP - 11
SECTION THREE
MATERIALS,
PART 1 GENERAL
1.01 DESCRIPTION
A. Reference: Bid Item No. 3-12
1.1. REFERENCE STANDARDS
A. Standard Specifications for Public Works Construction, Latest Edition, referred to
hereinafter as Standard Specifications.
B. Standard Plans for Public Works Construction.
1.03 SUBMITTALS
A. PVC pipe, and Fittings.
B. Crushed rock and Sand for Sand Filter
E. Filter Fabric
F. Conventional Asphalt
G. Portland Cement Concrete
H. Class C Mortar
I. Modular Wetlands or Approved equal
J. Junction Box
END OF SECTION
APPENDICES
PART V
APPENDICES
APPENDIX A
STREET SWEEPING SCHEDULE
APPENDIX A
STREET SWEEPING SCHEDULE
APPENDIX A
STREET SWEEPING SCHEDULE
APPENDIX B
CONSTRUCTION AND DEMOLITION REQUIREMENTS
APPENDIX B
CONSTRUCTION AND DEMOLITION
REQUIREMENTS
APPENDIX B
CONSTRUCTION AND DEMOLITION REQUIREMENTS
APPENDIX B
CONSTRUCTION AND DEMOLITION REQUIREMENTS
APPENDIX B
CONSTRUCTION AND DEMOLITION REQUIREMENTS
APPENDIX B
CONSTRUCTION AND DEMOLITION REQUIREMENTS