HomeMy WebLinkAbout20230417135457979 BCR Storm Drain Project_Specifications
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DEPARTMENT OF PUBLIC WORKS
CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR
BREA CANYON STORM DRAIN LINNING PROJECT
FY 2022-2023 PROGRAM
PROJECT NO. PW23403
All Questions Regarding This Project
Are To Be Directed To:
Nichols Delgado
Engineering Technician
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
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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
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CITY OF DIAMOND BAR
SCOPE OF WORK/INFORMATION FOR BIDDERS
BREA CANYON STORM DRAIN LINNING PROJECT
FY 2022-2023 PROGRAM
PROJECT NO. PW23403
SCOPE OF WORK: The work to be performed or executed under these plans
and specifications consists of Install CIPP liner in existing 18” RCP
and 24” CMP storm drain lines. Construct concrete encasement (including
trench repair and pavement restoration). CCTV pre-inspection as well
as post construction video inspection. Traffic control per CA MUTCD;
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 BREA CANYON STORM DRAIN LINNING PROJECT Base
Bid is estimated to cost $125,000 all in accordance with the provisions
of the Plans, Specifications, Notices and Instructions to Bidders.
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
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established for the particular area. Sunday and holiday time shall be
paid at the wage rates determined by the Director of Industrial
Relations.
CONTRACTOR and any of its subcontractors must be registered with the
Department of Industrial Relations pursuant to Labor Code section
1725.5, which precludes the award of a contract for a public work on
any public works project awarded after April 1, 2015. This Agreement
is subject to compliance monitoring and enforcement by the Department
of Industrial Relations.
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.
"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.
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.
BID BOND/SECURITY: Proposals are to be accompanied by a bid bond in
the form of a cash deposit, a certified or cashier's check, or a
bidder's bond, made payable to the City of Diamond Bar, in an amount
not less than ten (10) percent of the total bid submitted.
Bid bonds are to be delivered to the City Clerk’s Office prior to
or at the time the proposal is due. Failure to deliver the bid bond
by the deadline may result in the proposal being deemed non-
responsive.
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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.
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.
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.
4
AWARD OF CONTRACT: No proposal will be considered from a Contractor
who is not licensed as a Class A, C-34, or C-36 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.
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.
LISTING SUBCONTRACTORS: Each bidder shall submit a list of the
proposed Subcontractors on this project as required by the
Subletting and Subcontracting Fair Practices Act (Government Code
Section 4100 and following). Forms for this purpose are furnished
with the contract documents. The name and location of business
of any Subcontractor who will perform work exceeding 1/2 of 1% of
the Prime Contractor's total bid or ten thousand dollars
($10,000.00), whichever is greater, must be submitted with the
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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.
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.
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).
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.
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
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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.
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.
FAITHFUL PERFORMANCE BOND AND LABOR AND MATERIALS BOND: The successful
proposer will be required to furnish a faithful performance bond
in the amount of 100 percent of the contract price, and a labor
and materials bond in the amount of 100 percent of the contract
price, both in a form satisfactory to the City Attorney.
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.
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 ($750.00) for
each calendar day thereafter.
PERMITS, FEES AND LICENSES: The Contractor shall obtain an
Encroachment Permit and possess a valid City of Diamond Bar
Business License prior to the issuance of the first payment made
under this Contract.
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PAYMENT: Payment will be made to the Contractor in accordance with
the Specifications.
CITY'S RIGHTS RESERVED: The City of Diamond Bar reserves the right to
reject all bids, should it deem this necessary for the public
good, and also the bid of the bidder who has been delinquent or
unfaithful in any former contract with the City of Diamond Bar.
No bidder may withdraw his bid for a period of thirty (30) days
after the date of the bid opening.
The City of Diamond Bar reserves the right to waive any
irregularity or informality in any bid to extent permitted by
law.
CITY OF DIAMOND BAR, CALIFORNIA
DATE:
By: David G. Liu, P.E.
Director of Public Works / City Engineer
RMRA Measure M R Local Return Gas Tax
eet Rehab.- Area 1a, 1b, 2 (Design)
n)
ntain Laurel)
anyon to Lemon)
to BCY)
82,779$ 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$
04/17/2023
8
BIDDER'S PROPOSAL
FOR
BREA CANYON STORM DRAIN LINNING PROJECT
FY 2022-2023 PROGRAM
PROJECT NO. PW23403
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.
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(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.
(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
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BID SCHEDULE
CITY OF DIAMOND BAR
CONTRACT DOCUMENTS AND SPECIFICATIONS
BREA CANYON STORM DRAIN LINNING PROJECT
FY 2022-2023 PROGRAM
PROJECT PW23403
BASE BID
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.
ITEM
NO.
APPROX.
QUANTITY
UNIT
DESCRIPTION
WRITTEN IN WORDS
UNIT
PRICE
AMOUNT
1 1 LS MOBILIZATION
2 1 LS TRAFFIC CONTROL
3 1 LS INSTALL CIPP LINER AND CONCRETE
ENCASEMENT AND RELATED WORK
4 1 LS PRE-CONSTRUCTION PIPE CLEANING,
INSPECTION, AND CCTV VIDEOTAPE
5 1 LS CCTV POST CONSTRUCTION INSPECTION
$
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
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LIST OF SUBCONTRACTORS *
BID OPENING DATE
PROJECT 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
* Any Subcontractor doing work in excess of one-half (1/2) of one
percent (1%) of the total bid or ten thousand ($10,000.00), whichever
is greater, shall be designated on this form.
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DECLARATION OF ELIGIBILITY TO CONTRACT
[Labor Code Section 1777.1; Public Contract Code Section 6109]
The undersigned, a duly authorized representative of the contractor,
certifies and declares that:
1. The Contractor is aware of Sections 1777.1 and 1777.7 of the
California Labor Code, which prohibit a Contractor or
subcontractor who has been found by the Labor Commissioner or the
Director of Industrial Relations to be in violation of certain
provisions of the Labor Code, from bidding on, being awarded, or
performing work as a subcontractor on a public works project for
specified periods of time.
2. The Contractor is not ineligible to bid on, be awarded or perform
work as a Subcontractor on a public works project by virtue of the
foregoing provisions of Sections 1777.1 or 1777.7 of the California
Labor Code or 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
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work as a subcontractor on a public works project by virtue of the
foregoing provisions of the Public Contract Code Sections 1777.1
or 1777.7 of the Labor Code, or any other provision of law.
I declare under penalty of perjury under the laws of the State of
California that the foregoing is true and correct. Executed this day
of ________________, 20__ at ___________________ (place of execution).
__
Signature
Name:___________________________
Title:___________________________
Name of Company:
_________________________________
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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.
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CONTRACTOR'S INDUSTRIAL SAFETY RECORD
Project Identification _____________________________________________
Bid Date __________________
This information must include all construction work undertaken in the
State of California by the bidder and any partnership, joint venture or
corporation that any principal of the bidder participated in as a
principal or owner for the last five calendar years and the current
calendar year prior to the date of bid submittal. Separate information
shall be submitted for each particular partnership, joint venture,
corporation or individual bidder. The bidder may attach any additional
information or explanation of data which he would like taken into
consideration in evaluating the safety record. An explanation must be
attached of the circumstances surrounding any and all fatalities.
ITEM 5 CALENDAR YEARS
PRIOR TO CURRENT YEAR
CURRENT
YEAR
2018 2019 2020 2021 2022 TOTAL 2023
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)
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AFFIDAVIT FOR CORPORATION BIDDER
STATE OF CALIFORNIA )
)SS
COUNTY OF LOS ANGELES )
_______________________________________________ being first duly sworn, deposes and says:
That he is _______________________________________________________________
of, ___________________________________________________________________________
a corporation which is the party making the foregoing 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)
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AFFIDAVIT FOR INDIVIDUAL BIDDER
STATE OF CALIFORNIA )
)SS
COUNTY OF LOS ANGELES )
_________________________________________________________________ being first duly sworn,
deposes and says:
That he is the party making the foregoing 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 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)
21
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 BREA CANYON STORM DRAIN LINNING PROJECT 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
_____________________, 2023.
______________________________________ __________________________________
PRINCIPAL SURETY
BY: __________________________________ __________________________________
(SEAL) (SEAL)
22
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 BREA CANYON STORM DRAIN LINNING PROJECT 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)
23
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 BREA
CANYON STORM DRAIN LINNING PROJECT.
NOW, THEREFORE, if the aforesaid Principal is awarded the Contract, and within the time and manner
required under the specifications, after the prescribed forms are presented to him for signature, enters into
a written contract, in the prescribed form in accordance with the bid, 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.
24
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:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
25
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.
26
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
27
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 BREA
CANYON STORM DRAIN LINNING PROJECT 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 BREA CANYON STORM
DRAIN LINNING PROJECT 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.
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
28
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 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.
29
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:
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.
30
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.
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
31
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 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
32
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 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:
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:
33
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
*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.
34
PART II
GENERAL PROVISIONS
GP-1
GENERAL PROVISIONS
FOR
BREA CANYON STORM DRAIN LINNING PROJECT
PROJECT NO. PW23403
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 Nickolas Delgado, Engineering Technician. All proposals
GP-2
must give the prices proposed, both in writing and figures,
and must be signed by the bidder, and his address shown. If
the proposal is made by an individual, his name and post
office address must be shown. If made by a firm or
partnership, the name and post office address of each member
of the firm or partnership must be shown. If made by a
corporation, the proposal must show the name of the state
under the laws of which the corporation was chartered and the
names, titles, and business addresses of the president,
secretary, and treasurer.
(c) Rejection of Proposals Containing Alterations, Erasures or
Irregularities: Proposals may be rejected if they show any
alterations or form additions not called for, conditional or
alternative proposals, incomplete proposals, erasures, or
irregularities of any kind.
(d)
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:
If the project requires it, 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
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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.
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.
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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:
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.
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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.
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Section 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.1 General. The Contractor and all subcontractors, suppliers,
and vendors, shall guarantee that the entire work will meet all
requirements of this contract as to the quality of materials,
equipment, and workmanship. The Contractor, at no cost to the
AGENCY, shall make any repairs or replacements made necessary by
defects in materials, equipment, or workmanship that become evident
within 1 year after the date of acceptance of work. Within this 1-
year period, the Contractor shall also restore to full compliance
with requirements of this contract any portion of the work which is
found to not meet those requirements. The Contractor shall hold the
AGENCY harmless from claims of any kind arising from damages due to
said defects or noncompliance. The Contractor shall make all
repairs, replacements, and restorations within 30 days after the
date of the Engineer's written notice.
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
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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.
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
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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 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.
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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.
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The Engineer reserves the right to stop work if he determines that
these conditions are being violated.
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.
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This payment on account shall in no way be considered as an
acceptance of any part of the work or material of the Contract, nor
shall it in any way govern the final estimate.
Acceptance of any progress payment accompanying any estimate without
written protest shall be an acknowledgment by the Contractor that
the number of accumulated contract days shown on the associated
statement of working days is correct. Progress payments made by the
City to the Contractor after the completion date of the Contract
shall not constitute a waiver of liquidated damages.
The Contractor shall submit with its invoice the Contractor's
conditional waiver of lien for the entire amount covered by such
invoice; valid unconditional waivers of lien from the Contractor and
all subcontractors and material-men for all work and materials
included in any prior invoices;
Waivers of lien shall be in the forms prescribed by California Civil
Code Section 3262. Prior to final payment by the City, the
Contractor shall submit a final waiver of lien for the Contractor's
work, together with releases of lien from any subcontractor or
material-men.
Final Payments. After the completion of the Contract, the City
Engineer shall make a final inspection of the work done thereunder,
and if entirely satisfactory and complete, the City shall pay to the
Contractor an amount which, when added to the payments previously
made and deductions allowable to the City, will equal ninety-five
percent (95%) of the contract price. Thereafter the balance of the
contract price remaining unpaid shall be paid thirty-five (35)
calendar days after the recording of a Notice of Completion by the
City. The payment of the final amount due under the Contract and
the adjustment and payment for any work done in accordance with any
alterations of the same shall release the City from any and all
claims on account of the work performed under the Contract or any
alterations thereof. Final payment to Contractor shall be withheld
for at least 30 days after the time in which Contractor has verified,
to the City's satisfaction, that it has submitted all information
to the Department of Industrial Relations required by Labor Code
§1773.3.
Guarantee. The Contractor agrees for a period of one year, commencing
with the Final Notice of Completion, to correct without additional
charge to the City, any defects in the work performed, or in the
materials furnished, by the Contractor and/or manufacturer, jointly.
Quantities and Unit Prices. All pay items will be paid for at the
unit prices named in the Bid Schedule for the respective items of
work. The quantities of work or material stated as unit price items
on the Bid Schedule are stated only to give an indication of the
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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.
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:
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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.
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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.
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
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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 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
BREA CANYON STORM DRAIN LINNING PROJECT
FOR
PROJECT NO. PW23403
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.
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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.
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.
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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:
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.
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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
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:
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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 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
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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
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recruitment, employment, compensation, promotion or
demotion, and selection for training.
(2) Provide evidence as required by the Agency, that it has
notified in writing all subcontractors, the
Contractor's supervisors and other personnel officers
of the content of this EEO section and their
responsibilities under it.
(3) Provide evidence, as required by the Agency, that it has
notified in writing all sources of employee referrals
(including, but not limited to, unions, employment
agencies and the State Department of Employment
Development) of the content of this EEO section.
(4) Notify the Agency in writing of any opposition to this EEO
section by individuals, firms, unions or
organizations.
h. If the Agency has reason to believe that the Contractor or a
subcontractor may have committed a violation of the EEO
section of this Contract or of the California Fair
Employment Practice Act or of any applicable Federal law
concerning equal employment practices on this project, the
Agency will cause written notice to be served on the
Contractor or its representative, and to any subcontractor
involved in such violation. The notice shall set forth
the nature of the violation. Upon the Agency's request,
the Contractor shall meet with representatives of the
Agency in order to determine the means of correcting the
violation and the time period within which the violation
shall be corrected. If, within ten (10) days, the
Contractor or subcontractor has failed or refused to remedy
the violation, the Agency may notify the Fair Employment
Practices Commission and pursue any other remedies which
may be available under the law.
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
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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 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
APPENDICES
TECHNICAL PROVISIONS
FOR
BREA CANYON STORM DRAIN LINNING PROJECT
PROJECT NO. PW23403
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.
APPENDICES
8. Surveying, if necessary.
Demobilization includes removal and cleanup of said facilities
under Mobilization.
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) CIPP LINNING AND CONCRETE ENCASEMENT - Measurement & Payment
for this item shall be based on Lump Sum and shall be considered
full compensation for furnishing labor, materials, equipment,
and disposal to complete the construction as indicated on the
plans and construction notes, 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) PIPE CLEANING, INSPECTION, AND CCTV VIDEO - Measurement &
Payment for this item shall be based on Lump Sum and shall be
APPENDICES
considered full compensation for furnishing labor, materials,
equipment, and disposal to complete the task as indicated on
the plans and construction notes. No additional compensation
will be allowed, therefore.
5) POST CONSTRUCTION CCTV VIDEO - Measurement & Payment for this
item shall be based on Lump Sum and shall be considered full
compensation for furnishing labor, materials, equipment, and
disposal to complete the task as indicated on the plans and
construction notes. 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
APPENDICES
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:
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)
APPENDICES
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.
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