HomeMy WebLinkAboutSpecifications_Steep_Canyon_Erosion1293492.1
DEPARTMENT OF PUBLIC WORKS
CITY OF DIAMOND BAR
CALIFORNIA
CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR
STEEP CANYON ROAD EROSION CONTROL AND SEDIMENTATION PREVENTION
AT CLEAR CREEK CANYON DRIVE PROJECT
CITY PROJECT NO. PW 24401
All Questions Regarding This Project Are to Be Directed To:
Mr. David G. Liu, P.E.
Director of Public Works/City Engineer
City of Diamond Bar
(909) 839-7040
Stan Liu, Mayor
Chia Yu Teng, Mayor Pro Tem
Andrew Chou, Council Member
Ruth M. Low, Council Member
Steve Tye, Council Member
Daniel Fox, City Manager
JUNE 4, 2024
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1293492.1
TABLE OF CONTENTS
ITEMS PAGES
PART I - BIDDING AND CONTRACTUAL DOCUMENTS
NOTICE INVITING SEALED BIDS 1 - 3
INFORMATION FOR BIDDERS 4 - 11
PROPOSAL FORM 12 - 13
BID SCHEDULE 14 - 16
LIST OF SUBCONTRACTORS 17 - 18
DECLARATION OF ELIGIBILITY TO CONTRACT 19 - 20
BIDDER'S VIOLATION OF LAW/SAFETY QUESTIONNAIRE 21
CONTRACTOR INDUSTRIAL SAFETY RECORD 22
AFFIDAVIT FOR CO-PARTNERSHIP FIRM 23
AFFIDAVIT FOR CORPORATION BIDDER 24
AFFIDAVIT FOR INDIVIDUAL BIDDER 25
AFFIDAVIT FOR JOINT VENTURE 26
FAITHFUL PERFORMANCE BOND 27 - 28
LABOR AND MATERIAL BOND 29 - 30
BID BOND 31 - 32
CERTIFICATE OF NON-DISCRIMINATION
AND AFFIRMATIVE ACTION 33
CERTIFICATE WITH REGARD TO THE PERFORMANCE
OF PREVIOUS CONTRACTS AND SUBCONTRACTS 34
NON-COLLUSION AFFIDAVIT 35
CONTRACT AGREEMENT 36 - 43
1293492.1
TABLE OF CONTENTS
(Continued)
PART II - GENERAL PROVISIONS GP-1 – GP-12
PART III- SPECIAL PROVISIONS SP-1 – SP-7
PART IV - TECHNICAL PROVISIONS
011000.00 SFL – Summary
012500.00 SFL - Substitution Procedures
013000.00 SFL – Administrative Requirements
013300.00 SFL - Submittal Procedures
014000.00 SFL – Quality Requirements
015000.00 SFL - Temporary Facilities and Controls
017000.00 SFL - Execution and Closeout Requirement
310519.13 SFL - Geotextiles for Earthwork
312213.00 SFL – Rough Grading
312316.00 SFL – Excavation
PART V – BID ITEM DESCRIPTIONS BID-1 – BID-14
PART VI - APPENDICES
• Plans: City of Diamond Bar, Department of Public Works, Steep Canyon
Road Erosion Control and Sedimentation Prevention at Clear Creek
Canyon Drive, Dated May 28, 2024
• Geotechnical Memorandum: Project No. 23G216-1, Dated April 18, 2024
1293492.1
PART I
BIDDING AND CONTRACTUAL
DOCUMENTS
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CITY OF DIAMOND BAR
NOTICE INVITING SEALED BIDS
FOR STEEP CANYON ROAD EROSION CONTROL AND SEDIMENTATION
PREVENTION AT CLEAR CREEK CANYON DRIVE PROJECT
CITY PROJECT NO. 24401
RECEIPT OF PROPOSALS: Sealed proposals will be received at the office of the City
Clerk, City Hall, Diamond Bar, California, until 2:00 pm Pacific Standard Time on or
before June 27, 2024 for the furnishing of all labor and materials and equipment for the
structural erosion and sedimentation control Best Management Practice, truck access,
concrete flatwork, and other incidental and appurtenant work. All bids or proposals shall be
submitted through the City’s electronic bid management system (PlanetBids )
https://www.planetbids.com/portal/portal.cfm?CompanyID=39500. At the time of contract
award, the Contractor shall possess a State of California Class A Contractor’s License
adequate to perform the work herein described and be registered with the Department of
Industrial Relations per California Labor Code Section 1771.1. All subcontractors shall have
equivalent licenses for their specific trades. The Contractor and all subcontractors shall ha ve
a valid City of Diamond Bar business license prior to commencing any work. The proposals
will be publicly opened and read by the City Clerk and results will be published on the City’s
electronic bid management system (PlanetBids) at
https://www.planetbids.com/portal/portal.cfm?CompanyID=39500.
DESCRIPTION OF WORK: The work to be performed or executed under these plans and
specifications consists of and includes structural erosion and sedimentation control Best
Management Practice, truck access, concrete flatwork; and other incidental and appurtenant
work necessary for the proper construction of the contemplated improvements, as indicated
on the project plans for “STEEP CANYON ROAD EROSION CONTROL AND
SEDIMENTATION PREVENTION AT CLEAR CREEK CANYON DRIVE” Project.
COMPLETION OF WORK: All work shall be completed within thirty (30) working days
after the Notice to Proceed is issued by the City.
ENGINEER'S ESTIMATE: The “STEEP CANYON ROAD EROSION CONTROL AND
SEDIMENTATION PREVENTION AT CLEAR CREEK CANYON DRIVE” Project is
estimated to cost $103,000 all in accordance with the provisions of the Plans, Specifications,
Notices and Instructions to Bidders.
OBTAINING CONTRACT DOCUMENTS: Any requests for hardcopy plans, specifications,
and all contract documents may be obtained by a public records request at the office of the
City Clerk, City Hall, 21810 Copley Drive, Diamond Bar, California 91765. A fee may be
assessed for printing, mailing, and other costs to reproduce these records.
PROPOSAL GUARANTEE: Each proposal must be accompanied by cash or by a cashier's
or certified check or by a bid bond in the amount of ten percent (10%) of the bid price payable
to the City of Diamond Bar as a guarantee that the bidder, if his proposal is accepted, will
promptly execute the contract, secure pa yment of Workmen's Compensation Insurance,
furnish a satisfactory Faithful Performance Bond in the amount of one hundred percent
(100%) of the total bid price, and a Labor and Material Bond in an amount not less than one
hundred percent (100%) of the contract price. Said bonds to be secured from a surety
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company authorized to do business in the State of California, and subject to the approval of
the City Attorney. The original bid bond shall be submitted to the City Clerk prior to the bid
due date and time. Proof of delivery that is date/time stamped and signed for by the City
Clerk from other couriers other than Certified mail will be accepted. A copy of the proof of
delivery shall be submitted with the bid package by the bid due date.
MINIMUM QUALIFICATIONS OF BIDDERS: Prospective bidders should examine the
minimum qualifications found in number 15 of the “Information for Bidders” section,
pages 4 through 8. Bidders who do not meet the minimum qualifications should not
submit a bid, as the bids will be considered nonresponsive.
PREVAILING WAGE RATE: As required by the California Labor Code, Section 1770 et seq.
the City Council of the City of Diamond Bar incorporates herein by reference the general
prevailing rate of per diem wages as determined by the Director of Industrial Relations of
the State of California. Copies of the prevailing rate of per diem wages are on file in the
office of the City Clerk and will be made available to any interested party upon request. In
accordance with the Labor Code, no workman employed upon work under this contract shall
be paid less than the above referenced prevailing wage rate. A copy of said rates shall be
posted at each job site during the course of construction.
CONTRACTOR shall forfeit, as penalty to CITY, not more than two hundred dollars
($200.00) for each laborer, workman or mechanic employed for each calendar day or portion
thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate
of wages hereinbefore stipulated for any work done under this AGREEMENT, by him or by
any subcontractor under him.
Any classification omitted herein shall be paid not less than the prevailing wage scale as
established for similar work in the particular area, and all overtime shall be paid at the
prevailing rates as established for the particular area. Sunday and holiday time shall be paid
at the wage rates determined by the Director of Industrial Relations.
CONTRACTOR and any of its subcontractors must be registered with the Department of
Industrial Relations pursuant to Labor Code section 1725.5, which precludes the award of a
contract for a public work on any public works project awarded after April 1, 2015 . This
Agreement is subject to compliance monitoring and enforcement by the Department of
Industrial Relations.
PAYMENT: Payment will be made to the Contractor in accordance with the Specifications.
CITY'S RIGHTS RESERVED: The City of Diamond Bar reserves the right to reject any and
all proposals or bids, should it deem this necessary for the public good, and also the bid of
the bidder who has been delinquent or unfaithful in any former contract with the City of
Diamond Bar. No bidder may withdraw his bid for a period of thirty (30) days after the date
of the bid opening.
BID AWARD: Subject to the reservations noted above, the contract will be awarded to the
lowest responsible bidder.
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CITY OF DIAMOND BAR, CALIFORNIA
DATE:
_______
By: David G. Liu, Director of Public Works/City Engineer
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INFORMATION FOR BIDDERS
1. PREPARATION OF BID FORM: The City invites bids on the form attached to be
submitted at such time and place as is stated in the Notice Inviting Sealed Bids. All
bids should be made in accordance with the provisions of the Standard Specifications
for Public Works Construction, 2021 Edition (with all supplements). All blanks on the
bid form must be appropriately filled in. All bids shall be submitted in sealed
envelopes bearing on the outside the name of the bidder, his address, and the name
of the project for which the bid is submitted. It is the sole responsibility of the bidder
to see that the bid is received in the proper time. Any bid received after the scheduled
closing time for receipt of bids will be returned to the bidder unopened.
2. PROPOSAL GUARANTEE: Each proposal shall be accompanied by cash or by a
cashier's or certified check or by a bid bond in the amount of not less than ten percent
(10%) of the amount named in the proposal. Said check or bond shall be made
payable to the City Clerk of the City of Diamond Bar and shall be given as a guarantee
that the bidder, if awarded the work, will enter into a contract within ten (10) days after
written notice of the award and will furnish the necessary bonds as hereinafter
provided. In case of refusal or failure to enter said contract, the check or bond, as
the case may be, shall be forfeited to the City. No bidder's bond will be accepted
unless it conforms substantially to the form furnished by the City, which is bound
herein, and is properly filled out and executed.
3. SIGNATURE: The bid must be signed in the name of the bidder and must bear the
signature in longhand of the person or persons duly authorized to sign the bid on
behalf of the bidder.
4. MODIFICATIONS: Changes in or addition to the bid form, recapitulations of the work
bid upon, alternative proposals or any other modifications of the bid form which is not
specifically called for in the contract documents may result in the Owner's rejection
of the bid as not being responsive to the invitation to bid. No oral or telephonic
modification of any bid submitted will be considered. The bid submitted must not
contain any erasures, interlineation, or other corrections unless each such correction
is suitably authenticated by affixing in the margin immediately opposite the correction
the surname or surnames of the person or persons signing the bid.
5. DISCREPANCIES IN THE PROPOSALS: In case of discrepancy between words and
figures, the words shall prevail. If the amounts bid on individual items (if called for)
do not in fact add to the total amount shown by the bidder, the correctly added total
of the individual items shall prevail over the total figure shown. The estimated
quantities and amounts are for the purpose of comparison of bids only. The City
Council of the City of Diamond Bar reserves the right to reject any or all bids and to
waive any irregularity or informality in any bid to the extent permitted by law.
6. BIDDER'S EXAMINATION OF SITE: Each bidder shall examine carefully the site of
the proposed work and the contract documents therefore. It will be assumed that the
bidder has investigated and is satisfied as to the conditions to be encountered as to
the character, quality, and quantity of materials to be furnished, and as to the
requirements of the contract, specifications and drawings. The name of the individual
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who examined the site of the work and the date of such examination shall be stated
in the proposal.
By submitting a bid, the bidder will be held to have personally examined the site and
the drawings, to have carefully read the specifications, and to have satisfied himself
as to his ability to meet all the difficulties attending the execution of the proposed
contract before the delivery of his proposal, and agrees that if he is awarded the
contract, he will make no claim against the City of Diamond Bar based on ignorance
or misunderstanding of the contract provisions.
7. WITHDRAWAL OF BIDS: Any bidder may withdraw his bid either personally, by
written request, or by telegraphic request confirmed in the manner specified above at
any time prior to the scheduled closing time for receipt of bids.
8. INSURANCE AND BONDS: The Contractor shall not commence work under this
contract until he has secured all insurance and bonds required under this section nor
shall he allow any subcontractor to commence work on this subcontract until all
similar insurance issued in compliance with this section shall be issued in the form,
and be an insurer of the insurers, satisfactory to and first approved by the City in
writing. Certificates of Insurance in the amounts required shall be furnished by the
Contractor to the City prior to the commencement of work.
The Contractor shall maintain adequate Workmen's Compensation Insurance under
the laws of the State of California for all labor employed by him or by any
subcontractor under him who may come within the protection of such Workmen's
Compensation Insurance laws.
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 suff ered
by any person or persons, other than employees, resulting directly or indirectly from
the performance or execution of this contract or any subcontract thereunder, and also
to protect said Contractor and the City against loss from liability imposed by law, for
damage to any property. Damage insurance shall be maintained by the Contractor
in full force and effect during the entire period of performance under this contract, in
the amount of not less than $2,000,000 for one person injured in the accident and in
the amount of not less than $2,000,000 for more than one person injured in one
accident and in the amount of not less than $1,000,000 with respect to any property
damage aforesaid.
The Contractor shall secure with a responsible corporate surety, or corporate
sureties, satisfactory bonds conditioned upon faithful performance by the Contractor
of all requirements under the contract and upon the payment of claims of materials,
men and laborers thereunder. The Faithful Performance Bond shall be in the sum of
not less than one hundred percent (100%) of the estimated aggregate amount of the
payment to be made under the contract computed on the basis of the prices stated
in the proposal. The Labor and Material Bond shall be in the sum of not less than
one hundred percent (100%) of the estimated aggregate amount of the payments to
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be made under the contract computed on the basis of the prices stated in the
proposal.
9. INTERPRETATION OF PLANS AND DOCUMENTS: If any person contemplating
submitting a bid for proposed contract is in doubt as to the true meaning of any part
of the drawings, specifications, or other contract documents, or finds discrepancies
in, or omissions from the drawings and specifications, h e may submit to the City a
written request for an interpretation or correction thereof. The person submitting the
request will be responsible for its prompt delivery. Any interpretation or correction of
the contract documents will be made only by Addendum duly issued and a copy of
such addendum will be mailed or delivered to each person receiving a set of the
contract document. No person is authorized to make any oral interpretation of any
provision in the contract documents to any bidder, and no bidder is authorized to rely
on any such unauthorized oral interpretation.
10. DISQUALIFICATION OF BIDDERS: More than one proposal from an individual, firm
partnership, corporation, or association under the same or different names, will not
be considered. Reasonable grounds for believing that any bidder is interested in
more than one proposal for the work contemplated will cause the rejection of all
proposals in which such bidder is interested. If there is reason for believing that
collusion exists among the bidders, all bids will be rejected and none of the
participants in such collusion will be considered in future proposals.
No award will be made to any bidder who cannot give satisfactory assurance as to
his ability to carry out the Contract, both from his financial rating and by reason of his
previous experience as a Contractor on work of the nature contemplated in the
Contract. The bidder may be required to submit his record of work of similar nature
to that proposed under these specifications, and unfamiliarity with the type of work
may be sufficient cause for rejection of the bid.
11. INELIGIBLE SUBCONTRACTORS: The successful bidder shall be prohibited from
performing work on this project with a subcontractor who is ineligible to perform work
on the project pursuant to Section 1777.1 or 1777.7 of the Labor Code.
12. AWARD OF CONTRACT: No proposal will be considered from a Contractor who is
not licensed as a Class A contractor at time of award in accordance with the
provisions of the Contractor’s License Law (California Business and Professions
Code, Section 7000 et seq.) and rules and regulations adopted pursuant thereto or
to whom a proposal form has not been issued by the City of Diamond Bar. The City
may award the Contract to the lowest responsible bidder on the total base bid. Bids
will be compared on the basis of the lowest possible cost relative to the alternate or
alternates selected and the Contract, if awarded, will be awarded to a responsible
bidder whose proposal complies with the requirements of these specifications. The
award, if made, will be made within ninety (90) calendar days after the opening of the
proposals; provided that the award may be made after said period of the successful
bidder shall not have given the City written notice of the withdrawal of his bid.
A contractor or subcontractor shall not be qualified to bid on, be listed in a bid
proposal, subject to the requirements of Public Contract Code §4104, or engage in
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the performance of any contract for public work, as defined in the Public Contract
Code, unless currently registered and qualified to perform public work pursuant to
Section 1725.5. It is not a violation of Labor Code §1771.1 for an unregistered
contractor to submit a bid that is authorized by Business and Professions Code §
7029.1 or by Public Contract Code §§ 10164 and 20103.5, provided the contractor is
registered to perform public work pursuant to Labor Code § 1725.5 at the time the
contract is awarded.
This project is subject to compliance monitoring and enforcement by the Department
of Industrial Relations.
The prime contractor is required to post job sits as prescribed by regulation pursuant
to Labor Code § 1771.4 and all contractors must secure the payment of compensation
to its employees pursuant to Labor Code § 1869.
13. ALTERNATES: If alternate bids are called for, the Contract may be awarded at the
election of the governing board to the lowest responsible bidder on the base bid, or
on the base bid and any specified alternate(s).
14. COMPETENCY OF BIDDERS: In selecting the lowest responsible bidder,
consideration will be given not only to the financial standing but also to the general
competency of the bidder including qualifications, references, proper licensing,
adequate workforce and experience for the performance of the work covered by the
proposal.
15. QUALIFICATION OF BIDDERS: Each bidder shall be skilled and regularly engaged
in the general class or type of work called for under the contract. A statement setting
forth his/her experience shall be submitted by each bidder on the EXPERIENCE
STATEMENT form provided.
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EXPERIENCE STATEMENT
To be responsive, the bidder must list below a minimum of three public agencies for which bidder
has performed similar work within the past five years. Only projects in excess of $500,000 each
qualify as similar for this project.
1. Project Title
Contract Amount _____
Type of Work
Client
Agency Project Manager ______________________ Phone
Date Completed _____ % Subcontracted
2. Project Title
Contract Amount _____
Type of Work
Client
Agency Project Manager ______________________ Phone
Date Completed ____ % Subcontracted
3. Project Title
Contract Amount _____
Type of Work
Client
Agency Project Manager ______________________ Phone
Date Completed ____ % Subcontracted
NOTE: If requested by the City, the bidder shall furnish a certified financial statement, references,
and other information sufficiently comprehensive to permit an appraisal of his current financial
condition.
Bidder's Signature
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Each bidder shall possess a valid Contractor's License issued by the
Contractor's State License Board at the time his/her bid is submitted. The class
of license shall be applicable to the work specified in the contract. Each bidder
shall also have no less than five (5) years of experience in the magnitude and
character of the work bid.
Bidder Qualifications called for to be submitted at time of bid include, but are
not necessarily limited to:
1. The Contractor shall have been in business under the same name and
California Contractors License for a minimum of five (5) continuous years prior
to the bid opening date for this Project. The license used to satisfy this
requirement shall be of same type required by the contract.
2. License classification shall be as required by the contract specifications.
3. The Contractor shall perform at least 50% of contract with its own forces.
16. LISTING SUBCONTRACTORS: Each bidder shall submit a list of the proposed
subcontractors on this project as required by the Subletting and Subcontracting Fair
Practices Act (Government Code Section 4100 and following). Forms for this purpose
are furnished with the contract documents. The name and location of business of
any subcontractor who will perform work exceeding 1/2 of 1% of the prime
contractor's total bid or ten thousand dollars ($10,000.00), whichever is greater, must
be submitted with the bid. Any other information regarding the foregoing
subcontractors that is required by City to be submitted may be submitted with the bid,
or may be submitted to City up to 24 hours after the deadline established herein for
receipt of bids. The additional information must be submitted by the bidder to the
same address and in the same form applicable to the initial submission of bid.
17. WORKER'S COMPENSATION: In accordance with the provisions of Section 3700
of the Labor Code, the Contractor shall secure the payment of compensation to his
employees. The Contractor shall sign and file with the City the following certificate
prior to performing the work under this contract: "I am aware of the provisions of
Section 3700 of the Labor Code which require compensation or to undertake
self insurance in accordance with the provisions of that code, and I will comply
with such provisions before commencing the performance of the work of this
contract." The form of such certificate is included as part of the contract documents.
18. BID DEPOSIT RETURN: Deposits of three or more low bidders, the number being
at the discretion of the City, will be held for ninety (90) days or until posting by the
successful bidder of the Bonds required and return of executed copies of the
Agreement, whichever first occurs, at which time the deposits will be returned after
consideration of the bids.
19. EXECUTION OF CONTRACT: The bidder to whom award is made shall execute a
written contract with the City on the agreement form provided, and shall secure all
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insurance and bonds as herein provided within ten (10) days from the date of written
notice of the award. Failure or refusal to enter into a contract as herein provided, or
to conform to any of the stipulated requirements in connection therewith shall be just
cause for the annulment of the award and the forfeiture of the proposal guarantee.
If the successful bidder refuses or fails to execute the Contract, the City may award
the Contract to the next lowest responsible bidder or re-advertise. On the failure or
refusal of the lowest responsible bidder or next lowest responsible bidder to execu te
the Contract, such bidder's guarantees shall be likewise forfeited to the City.
20. "OR EQUAL": Pursuant to Division 5, Chapter 4, Article 4 (commencing at #4380)
Government Code, all specifications shall be deemed to include the words "or equal",
provided however that permissible exceptions hereto shall be specifically noted in the
specifications.
21. EMPLOYMENT OF APPRENTICES: The Contractor, and all subcontractors,
shall comply with the provisions in Sections 1777.5, (Chapter 1411, Statutes of 1968),
and 1777.6 of the California Labor Code concerning the employment of apprentices.
The Contractor and any subcontractor under him shall comply with the requirements
of said sections in the employment of apprentices; however, the Contractor shall have
full responsibility for compliance with said Labor Code section, for all apprenticeable
occupations, regardless of any other contractual or employment relationships alleged
to exist. In addition to the above State Labor Code Requirements regarding the
employment of apprentices and trainees, the Contractor and all subcontractors shall
comply with Section 5 a. 3, Title 29 of the Code of Federal Regulations (29CFR).
22. EVIDENCE OF RESPONSIBILITY: Upon the request of the City, a bidder whose bid
is under consideration for the award of the Contract shall submit promptly to the City
satisfactory evidence showing the bidder's financial resources, his construction
experience, and his organization and plant facilities available for the performance of
the contract.
23. WAGE RATES: The Contractor and/or subcontractor shall pay wages as indicated
in the "Notice Inviting Sealed Bids" section of these specifications. The Contractor
shall forfeit as penalty to the City of Diamond Bar, two hundred dollars ($200.00) for
laborers, workmen, or mechanics employed for each calendar day, or portion thereof,
if such laborer, workman or mechanic employed is paid less than the general
prevailing rate of wages herein referred to and stipulated for any work done under the
proposed contract, by him, or by any subcontractor under him, in violation of the
provisions of Labor Code, and in particular, Sections 1770 to 1781 inclusive. Copies
of all collective bargaining agreements relating to the work as set forth in the
aforementioned Labor Code are on file with the Department of Industrial Relations,
Division of Labor Statistics and Research.
24. PERMITS, FEES AND LICENSES: The Contractor shall possess a valid business
license prior to the issuance of the first payment made under this Contract. Any work
required within Caltrans right-of-way will require a separate permit to be obtained by
the Contractor. The Contractor shall obtain a no-fee Encroachment Permit from the
City of Diamond Bar prior to the start of any work.
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25. TIME OF COMPLETION AND LIQUIDATED DAMAGES: Bidder must agree to
commence work on or before the date of written "Notice to Proceed" of the City and
to fully complete the project within thirty (30) working days thereafter. Bidder must
agree also to pay as liquidated damages, the sum of one thousand dollars
($1,000.00) for each calendar day thereafter.
26. CLAIMS FILING AND PROCESSING: The City and Bidder agree to attempt to orally
resolve any disputes which may give rise to a claim (hereafter, "Claim") that falls
within the definition of Public Contract Code section 9204 (hereafter, "Section 9204").
If these efforts are unsuccessful, the City and Bidder shall process the Claim in
accordance with Section 9204. In summary, if the Bidder decides to submit a Claim
to the City, it shall be sent by registered or certified mail, return receipt requested,
together with reasonable documentation to support the Claim. A Claim may include
a Claim by a subcontractor or a lower tier subcontractor meeting the requirements of
Section 9204(d)(5). Within 45 days of receipt of the Claim, or any extension thereof
agreed upon by the City and the Bidder, the City will conduct a reasonable review of
the Claim and provide the Bidder with a written statement identifying what portion of
the Claim is disputed and what portion is undisputed. Payment of any undisputed
portion of the Claim shall be made within 60 days after the City issues its written
statement. If the City does not provide a written statement within the time specified,
the Claim shall be deemed rejected.
If the Bidder disputes the City's written statement or if the Claim is deemed rejected,
the Bidder may demand in writing by registered or certified mail to the City, return
receipt requested, an informal conference to meet and confer in an effort to settle the
disputed portion of any Claim. Within 30 days of receipt of such written demand, the
City shall schedule a meet and confer conference.
If any portion of the Claim remains in dispute after the conference, the City shall,
within 10 City business days of the conclusion of the conference, provide the Bidder
with a written statement identifying any portion that remains in dispute and any portion
that is undisputed. Payment of any undisputed portion shall be made within 60 days
after the City issues its written statement. Any remaining disputed portion shall be
submitted to nonbinding mediation in accordance with Section 9204(c)(2)(B), unless
the Bidder and City waive the mediation upon mutual written agreement.
27. CONFLICT OF INTEREST: In the procurement of supplies, equipment, construction
and services by sub-recipients, the conflict of interest provisions in (State LCA-24
CFR 85.36 and Non-Profit Organizations – 24 CFR 84.4), OMB Circular A-110, and
24 CFR 570.611, respectively, shall apply. No employee, officer or agent of the sub-
recipient shall participate in selection or in award of administration of a contract
supported by Federal funds if a conflict of interest, real or apparent, would be
involved.
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BIDDER'S PROPOSAL
CITY OF DIAMOND BAR
STEEP CANYON ROAD EROSION CONTROL AND SEDIMENTATION PREVENTION AT
CLEAR CREEK CANYON DRIVE PROJECT
CITY PROJECT NO. PW 24401
Date , 20
To the City Council of the City of Diamond Bar:
The Undersigned hereby declares:
(a) That the only persons or parties interested in this proposal as principals are the following:
(If the bidder is a corporation, give the name of the corporation and the name of its
president, secretary, treasurer, and manager. If a co -partnership, give the name, under
which the co-partnership does business, and the names and addresses of all co -partners.
If an individual, state the name under which the contract is to be drawn.)
(b) That this proposal is made without collusion with any person, firm or corporation.
(c) That he has carefully examined the location of the proposed work and has familiarized
himself with all of the physical and climatic conditions, and makes this bid solely upon his
own knowledge.
(d) That by submitting this Bidder's Proposal, he acknowledges receipt and knowledge of the
contents of those communications sent by the City of Diamond Bar to him at the address
furnished by him to the City of Diamond Bar when this proposal form was obtained.
(e) That he has carefully examined the specifications, both general and detail, and the
drawings attached hereto, and communications sent to him as aforesaid, and makes this
proposal in accordance therewith.
(f) That, if this bid is accepted he will enter into a written contract for the performance of the
proposed work with the City of Diamond Bar.
(g) That he proposes to enter into such Contract and to accept in full payment for the work
actually done thereunder the prices shown in the attached schedule. It is understood and
agreed that the quantities set forth are estimates and that the unit prices will apply to the
actual quantities whatever they may be.
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Accompanying this proposal is a certified or cashier's check or bidder's bond, payable to
the order of the City of Diamond Bar in the sum of
DOLLARS ($ ).
Said bidder's bond has been duly executed by the undersigned bidder and by a financially sound
surety company authorized to transact business in this state.
It is understood and agreed that should the bidder fail within ten (10) days after award of
contract to enter into the contract and furnish acceptable surety bonds, then the proceeds of
said check, or bidder's bond, shall become the property of the City o f Diamond Bar; but if this
Contract is entered into and said bonds are furnished, or if the bid is not accepted then said
check shall be returned to the undersigned, or the bidder will be released from the bidder's bond.
Address of Bidder Telephone of Bidder
City Zip Code Signature of Bidder
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BID SCHEDULE
CITY OF DIAMOND BAR
CONTRACT DOCUMENTS AND SPECIFICATIONS
STEEP CANYON ROAD EROSION CONTROL AND SEDIMENTATION PREVENTION AT
CLEAR CREEK CANYON DRIVE PROJECT
CITY PROJECT NO. PW 24401
ITEM
NO.
ESTIMATED
QUANTITY
UNIT
DESCRIPTION
WRITTEN IN WORDS
UNIT
PRICE
AMOUNT
General
1 1 LS
Mobilization, Demobilization, Clearing and
Grubbing, and Miscellaneous Items of
Work (Not to Exceed 5% of Total
Construction Cost)
2 1 LS
Construction Surveying/Staking,
Monument Preservation, Reset Disturbed
Monuments
3 1 LS Sheeting, Shoring, and Bracing
4 1 LS
Work Area Traffic Control and Public
Notification (Includes Fencing and
Security)
5 1 LS Implementation of Erosion Control
Measures
6 1 LS Implementation of Temporary Drainage
Provisions and Dewatering
Drainage Improvements
7 1 LS
Construct Detention Basin Complete-in-
Place (Includes French Drain, ABS Drain
Pipe, Structures, Rip Rap Blanket, and
Appurtenances)
8 1 LS
Construct Parkway Drain, W = 4’ per
Standard Plan No. 151-3, SPPWC, 2021
Edition
9 1 LS Construct Curb Drain per Standard Plan
No. 150-4, SPPWC, 2021 Edition
Street Improvements
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10 60 SF
Demo Existing Sidewalk and Reconstruct
Joint to Joint per Standard Plan No. 113-
2, SPPWC, 2021 Edition
11 10 LF
Construct Curb and Gutter – Mountable
per Case B2-6(150), Standard Plan No.
121-3, SPPWC, 2021 Edition
12 56 SF Construct 4” Broom Finish PCC
Pavement over 6” Class II Base
13 54 SF Construct 4” Grooved Finished PCC
Pavement over 6” Class II Base
14 2 EA
Construct 3-1/2” O.D. Cast-in-Place
Removable Pipe bollard, Galvanized
Finish
15 0.68 TON Construct 3/4” Crushed Rock Granular
Backing
MANDATORY BID SCHEDULE ITEMS:
TOTAL AMOUNT BID (IN FIGURES)
TOTAL AMOUNT BID, SCHEDULE (WRITTEN IN WORDS):
Bid Schedule Note: Bid Price indicated refers to all items illustrated on the plans and details,
and delineated within the specifications installed and completely in place with all applicable
portions of the construction documents and include all costs connected with such items
including, but to necessarily limited to, materials, transportation, taxes, insurance, labor,
overhead, and profit, for General Contractor and Subcontractors.
All work called for on the construction documents are to provide a completed project with all
systems operating properly and ready for use.
Award will be based on the items of Bid Schedule. Therefore, Contractor shall completely fill out
Bid Schedule.
Accompanying this proposal is
(Insert "$ cash", "cashier's check", "certified check", or
"bidder's bond" as the case may be) in the amount equal to at least ten percent
(10%) of the total bid.
The undersigned further agrees that in case of default in executing the required
contract, with necessary bond, within ten (10) days, not including Sundays and
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legal holidays, after having received notice that the Contract has been awarded
and ready for signature, the proceeds of the security accompanying his bid shall
become the property of the City of Diamond Bar, and this proposal and the
acceptance thereof may be considered null and void.
NAME OF BIDDER (PRINT) SIGNATURE DATE
ADDRESS
CITY ZIP CODE TELEPHONE
STATE CONTRACTOR LICENSE NO. AND CLASSIFICATION
I declare under penalty of Perjury of the laws of the State of California that the representations
made herein are true and correct in accordance with the requirements of California Business
and Professional Code Section 7028.15.
CONTRACTOR SIGNATURE OR AUTHORIZED OFFICER
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LIST OF SUBCONTRACTORS *
BID OPENING DATE
PROJECT: STEEP CANYON ROAD EROSION CONTROL AND SEDIMENTATION CONTROL
PROJECT NO. PW 24401
LOCATION: CLEAR CREEK CANYON DRIVE
CLIENT: CITY OF DIAMOND BAR
CONTRACTOR
Name Under Which
Subcontractor is
Licensed
License
No.
&
DIR No.
Address
of
Place of Business
Percent
of
Total
Contract
Specific Description
of
Subcontract
* In compliance with the provisions of the Public Contract Code Section 4104, the
undersigned bidder herewith sets forth the name, location of the place of business, and
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1293492.1
California contractor license of each Subcontractor – who will perform work or labor or
render service to the Prime Contractor, specially fabricates and installs a portion of the
work or improvement necessary to complete construction contained in the plans and
specifications, in an amount in excess of one-half (1/2) of one percent (1%) of the General
Contractor’s total base bid amount or, in the case of bids or offers for the construction of
streets or highways, including bridges in excess of one-half of 1 percent (0.5%)of the
Prime Contractor’s total base bid or ten thousand ($10,000.00), whichever is greater, and
the portion of the work which will be done by each Subcontractor.
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DECLARATION OF ELIGIBILITY TO CONTRACT
[Labor Code Section 1777.1; Public Contract Code Section 6109]
The undersigned, a duly authorized representative of the contractor, certifies and declares that:
1. The contractor is aware of Sections 1777.1 and 1777.7 of the California Labor Code,
which prohibit a contractor or subcontractor who has been found by the Labor
Commissioner or the Director of Industrial Relations to be in violation of certain provisions
of the Labor Code, from bidding on, being awarded, or performing work as a subcontractor
on a public works project for specified periods of time.
2. The contractor is not ineligible to bid on, be awarded or perform work as a subcontractor
on a public works project by virtue of the foregoing provisions of Sections 1777.1 or
1777.7 of the California Labor Code or another provision of law.
3. The contractor is aware of California Public Contract Code Section 6109, which states:
(a) A public entity, as defined in Section 1100 [of the Public Contract Code], may
not permit a contractor or subcontractor who is ineligible to bid or work on, or be
awarded, a public works project pursuant to Section 1777.1 or 1777.7 of the Labor
Code to bid on, be awarded, or perform work as a subcontractor on, a public works
project. Every public works project shall contain a provision prohibiting a
contractor from performing work on a public works project with a subcontractor
who is ineligible to perform work on the public works project pursuant to Section
1777.1 or 1777.7 of the Labor Code.
(b) Any contract on a public works project entered into between a contractor and
a debarred subcontractor is void as a matter of law. A debarred subcontractor may
not receive any public money for performing work as a subcontractor on a public
works contract, and any public money that may have been paid to a debarred
subcontractor by a contractor on the project shall be returned to the awarding body.
The contractor shall be responsible for the payment of wages to workers of a
debarred subcontractor who has been allowed to work on the project.
4. The contractor has investigated the eligibility of each and every subcontractor the
contractor intends to use on this public works project, and determined that none of them
is ineligible to perform work as a subcontractor on a public works project by vi rtue 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 2_, at ___________________
(place of execution).
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Signature
Name:
Title:
Name of Contractor:
_____________________________
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BIDDER'S VIOLATION OF LAW/SAFETY QUESTIONNAIRE
In accordance with Government Code Section 14310.5 and in conformance with Public Contract
Code Section 10162, the Bidder shall complete, under penalty of perjury, the following
questionnaire:
QUESTIONNAIRE
Has the Bidder, any officer, principal or employee of the Bidder who has a proprietary interest in
the business of the Bidder, ever been disqualified, removed, or otherwise prevented from bidding
on or completing a federal, state or local government project because of violation of law or a
safety regulation?
YES NO
If the answer is yes, explain the circumstances in the following space:
STATEMENT
In conformance with Public Contract Code Section 10232, the Contractor, hereby states under
penalty of perjury, that no more than on final unappealable finding of contempt of court by a
federal court has been issued against the Contractor within the immedi ately preceding two-year
period because of the Contractor’s failure to comply with an order of a federal court which orders
the Contractor to comply with an order of the National Labor Relations Board.
NOTE: The above Statement and Questionnaire are part of the Proposal. Signing
this Proposal on the signature portion thereof shall also constitute signature
of this Statement and Questionnaire.
Bidders are cautioned that making a false certification may subject the
certifier to criminal prosecution.
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CONTRACTOR'S INDUSTRIAL SAFETY RECORD
Project Identification: STEEP CANYON ROAD EROSION AND SEDIMENTATION
PREVENTION AT CLEAR CREEK CANYON DRIVE- PROJECT NO. PW 24401
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 ye ars 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 TOTA
L
No. of Contracts
Total dollar amount
of
contracts (in 1,000’s)
No. of lost workday
cases
No. of lost work day
cases
involving permanent
transfer to
another job or
termination of
employment
No. of lost workdays
*The information required for this item is the same as required for columns 3 to 6, Code 10,
Occupational Injuries, Summary - Occupational Injuries and Illnesses, OSHA No. 102.
The above information was compiled from the records that are available to me at this time and I
declare under penalty of perjury that the information is true and accurate within the limitations of
these records.
______________________________ ________________________________
Name of Bidder (Print Signature
______________________________ ________________________________
Address State Contractor’s Lic. No. & Class
______________________________ ________________________________
City Zip Code Telephone
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AFFIDAVIT FOR CO-PARTNERSHIP FIRM
STATE OF CALIFORNIA )
)SS
COUNTY OF LOS ANGELES )
, being first duly sworn, deposes and says:
That he is a member of the co-partnership firm designated as
which is the party making the foregoing proposal or bid; that such bid is genuine and not collusive
or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly,
with any other bidder or person to put in a sham bid or that such other person shall refrain from
bidding; and has not in any manner sought by collusion to secure any advantage against the
City of Diamond Bar or any person interested in the proposed contract, for himself or for any
other person.
That he has been and is duly vested with authority to make and sign instruments for the co -
partnership by
who constitute the other members of the co-partnership.
Signature
Subscribed and sworn
to before me this
day of , 20
Signature of Officer Administering Oath
(Notary Public)
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1293492.1
AFFIDAVIT FOR CORPORATION BIDDER
STATE OF CALIFORNIA )
)SS
COUNTY OF LOS ANGELES )
, being first duly sworn, deposes and says:
That he is
of,
a corporation which is the party making the foregoing proposal or bid; that such bid is genuine
and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed,
directly or indirectly, with any other bidder or person to put in a sham bid or that such other
person shall refrain from bidding; and has not in any manner sought by collusion to secure any
advantage against the City of Diamond Bar or any person interested in the proposed contract,
for himself or for any other person.
Signature
Subscribed and sworn
to before me this
day of , 20
Signature of Officer Administering Oath
(Notary Public)
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AFFIDAVIT FOR INDIVIDUAL BIDDER
STATE OF CALIFORNIA )
)SS
COUNTY OF LOS ANGELES )
, being first duly sworn, deposes and says:
That he is the party making the foregoing proposal or bid; that such bid is genuine and not
collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or
indirectly, with any other bidder or person to put in a sham bid or that such other person shall
refrain from bidding; and has not in any manner sought by collusion to secure any advantage
against the City of Diamond Bar or any person interested in the proposed contract, for himself
or for any other person.
Signature
Subscribed and sworn
to before me this
day of , 20
Signature of Officer Administering Oath
(Notary Public)
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AFFIDAVIT FOR JOINT VENTURE
STATE OF CALIFORNIA )
)SS
COUNTY OF LOS ANGELES )
, being first duly sworn, deposes and says:
That he
of,
one of the parties submitting the foregoing bid as a joint venture and that he has been and is
duly vested with the authority to make and sign instruments for and on behalf of the parties
making said bid who are:
;
that such bid is genuine and not collusive or sham; that said bidder has not colluded, conspired,
connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid or
that such other person shall refrain from bidding; and has not in any manner sought by collusion
to secure any advantage against the City of Diam ond Bar or any person interested in the
proposed contract, for himself or for any other person.
Signature
Subscribed and sworn
to before me this
day of , 20
Signature of Officer Administering Oath
(Notary Public)
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1293492.1
BOND No.________________
FAITHFUL PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that, WHEREAS the City of Diamond
Bar ("City"), has awarded to
(Name and address of Contractor)
("Principal"), a contract (the "Contract") for the work described as follows:
WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful
performance of the Contract.
NOW, THEREFORE, we the undersigned Principal, and_________________________
(Name and address of Surety)
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are
held and firmly bound unto City in the
penal sum of
Dollars ($______________), this amount being not less than the total contract price, in lawful
money of the United States of America, for the payment of which sum well and truly to be made,
we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his,
her, or its, heirs, executors, administrators, successors or assigns, shall in all things stand to
and abide by, and covenants, conditions and agreements in the Contract a nd any alteration
thereof made as therein provided, on the Principal's part to be kept and performed, all within the
time and in the manner therein specified, and in all respects according to their true intent and
meaning, and shall indemnify and hold harm less City, its officers, agents, and others as therein
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1293492.1
provided, then this obligation shall become null and void; otherwise, it shall be and remain in
full force and effect.
In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable
attorneys' fees in an amount fixed by the court.
FURTHER, the Surety, for value received hereby stipulates and agrees that no change,
extension of time, alteration, addition or modification to the terms of the Contract, or of the work
to be performed thereunder, or the specifications for the same, shall in any way affect its
obligations under this bond, and it does hereby waive notice of any such change, extension of
time, alteration, addition, or modification to the terms of the Contract or to the work or to the
specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845
and 2849. The City is the principal beneficiary of this bond and has rights of a party hereto.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall
for all purposes be deemed an original hereof, have been duly executed by Principal and Surety,
on the date set forth below, the name of each corporate party being h ereto affixed and these
presents duly signed by its undersigned representative(s) pursuant to authority of its governing
body.
Dated:__________________
"Principal" "Surety"
______________________________ _______________________________
______________________________ _______________________________
By:___________________________ By:____________________________
Its Its
By:___________________________ By:____________________________
Its Its
Note: This bond must be dated, all signatures must be notarized, and evidence of the authority
of any person signing as attorney-in-fact must be attached.
(Seal) (Seal)
APPROVED AS TO SURETY AND
PRINCIPAL AMOUNT
By:___________________________
Insurance Administrator
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1293492.1
BOND No.________________
PAYMENT BOND
(LABOR AND MATERIAL)
KNOW ALL PERSONS BY THESE PRESENTS that, WHEREAS the City of Diamond Bar (City),
has awarded to ________________________________________________________
(Name and address of Contractor)
("Principal"), a contract (the "Contract") for the work described as follows:
WHEREAS, Principal is required under the terms of the Contract and the California Civil Code
to secure the payment of claims of laborers, mechanics, materialmen, and other persons as
provided by law.
NOW, THEREFORE, we, the undersigned Principal, and______________________________
(Name and address of Surety)
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are
held and firmly bound unto City in the penal sum of
Dollars($________________), this amount being not less than one
hundred (100%) of the total contract price, in lawful money of the United States of America, for
the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal,
his, her or its heirs, executors, administrators, successors, or assigns, or subcontractors shall
fail to pay any of the persons named in Section 3181 of the California Civil Code, or any amounts
due under the Unemployment Insurance Code with respect to work or labor performed under
the Contract, or for any amounts required to be deducted, withheld, and paid over to the
Employment Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect
to work or labor performed under the Contract, the Surety will pay for the same in an amount not
exceeding the penal sum specified in this bond; otherwise, this obligation shall become null and
void. This bond shall insure to the benefit of any of their persons named in Section 3181 of the
California Civil Code so as to give a right of action to such persons or their assigns in any suit
30
1293492.1
brought upon the bond. In case suit is brought upon this bond, Surety further agrees to pay all
court costs and reasonable attorneys' fees in an amount fixed by the court.
FURTHER, the Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration, addition, or modification to the terms of the Contract or of the work
to be performed thereunder, or the specifications for the same, shall in any way affect its
obligations under this bond, and it does hereby waive notice of any such change, extension of
time, alteration, addition, or modification to the terms of the Contract or to the work or to the
specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845
and 2849.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall
for all purposes be deemed an original hereof, have been duly executed by Principal and Surety,
on the date set forth below, the name of each corporate party being h ereto affixed and these
presents duly signed by its undersigned representative(s) pursuant to authority of its governing
body.
Dated
"Principal" "Surety"
______________________________ _______________________________
______________________________ _______________________________
By:___________________________ By:____________________________
Its Its
By:___________________________ By:____________________________
Its Its
Notary
Note: This bond must be dated, all signatures must be notarized, and evidence of the authority
of any person signing as attorney-in-fact must be attached.
(Seal) (Seal)
APPROVED AS TO SURETY AND
PRINCIPAL AMOUNT
By:___________________________
Insurance Administrator
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1293492.1
BOND No._________________
BID BOND
KNOW ALL PERSONS BY THESE PRESENTS that,
WHEREAS the City of Diamond Bar (“City”), has issued an invitation for bids for the work
described as follows:
___________________________________________________________________________ WHEREAS
(Name and address of Bidder)
("Principal"), desires to submit a bid to Public Agency for the work.
WHEREAS, bidders are required under the provisions of the California Public Contract Code to
furnish a form of bidder's security with their bid.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are
held and firmly bound unto Public Agency in the penal sum of
Dollars($______________), being not less than ten percent (10%) of the total bid price, in lawful
money of the United States of America, for the payment of which sum well and truly to be made,
we bind ourselves, our heirs, executors, administrators, succes sors, and assigns, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal is
awarded a contract for the work by City and within the time and in the manner required by the
bidding specifications, entered into the written form of contract included with bidding
specifications, furnishes the required bonds, one to guarantee faithful performance and the other
to guarantee payment for labor and materials, and furnishes the required insurance coverages,
then this obligation shall become null and void; otherwise, it shall be and remain in full force and
effect.
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1293492.1
In case suit is brought upon this bond, Surety further agrees to pay all court costs incurred by
City in the suit and reasonable attorneys' fees in an amount fixed by the court. Surety hereby
waives the provisions of California Civil Code § 2845.
IN WITNESS WHEREOF, each of which shall for all purposes be deemed an original hereof,
have been duly executed by Principal and Surety, on the date set forth below, the name of each
corporate party being hereto affixed and these presents duly signed by its undersigned
representative(s) pursuant to authority of its governing body.
Dated:
"Principal" "Surety"
______________________________ _______________________________
______________________________ _______________________________
By:___________________________ By:____________________________
Its Its
By:___________________________ By:____________________________
Its Its
Note: This bond must be dated, all signatures must be notarized, and evidence of the authority
of any person signing as attorney-in-fact must be attached.
(Seal) (Seal)
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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:
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CERTIFICATION WITH REGARD TO THE PERFORMANCE OF
PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE
EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS
The bidder , proposed subcontractor , hereby certifies that he has , has not ,
participated in a previous contract or subcontract subject to the Equal Opportunity Clause, as
required by Executive Orders 10925, 11114, or 11246, and that he has , has not , filed
with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance,
a Federal Government contracting or administering agency, or the former President's Committee
on Equal Employment Opportunity, all reports due under the applicable filing requirements.
(COMPANY)
BY:
(TITLE)
DATE: , 20 .
NOTE: The above certification is required by the Equal Employment Opportunity Regulations
of the Secretary of Labor (41 CFR 60-1.7 (b) (1), and must be submitted by bidders and proposed
subcontractors only in connection with contracts and subcontracts which are subject to the Equal
Opportunity Clause. Contracts and subcontracts which are exempt from the Equal Opportunity
Clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or
under are exempt).
Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or
their implementing regulations.
Proposed prime contractors and subcontractors who have participated in a previous contract or
subcontract subject to the Executive Orders and have not filed the required reports should note
that 41 CFR 60-1.7 (b) (1) prevents the award of contracts and subcontracts unless such
contractor submits a report covering the delinquent period of such other period specified by the
Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S.
Department of Labor.
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1293492.1
NON-COLLUSION AFFIDAVIT
TO: THE CITY OF DIAMOND BAR:
STATE OF CALIFORNIA )
)SS
COUNTY OF LOS ANGELES )
, being first duly
sworn, deposes and says that he or she is of
, the party making the foregoing bid, that the bid is not made in the
interest of or on behalf of, any undisclosed person, partnership, company association,
organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder
has not directly or indirectly induced or solicited another bidder to put in a false or sham bid, and
has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone
else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any
manner, directly or indirectly, sought by agreement, communication, or conference with anyone
to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element
of the bid price, or of that of any other bidder, or to secure any advantage against the public
body awarding the contact or anyone interested in the proposed contract; that all statements
contained in the bid are true; and further, that the bidder has not, directly or indirectly, submitted
his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or
data relative thereto, or paid, and will not pay, any fee to any corporation, partnership , company
association, organization, bid depository, or to any member or agent thereof to effectuate a
collusive or sham bid.
Signature of Bidder
STATE OF CALIFORNIA )
)SS
COUNTY OF LOS ANGELES )
Subscribed and sworn to before me this day of ,20 .
Notary Public in and for the County of
, State of California
3
1293492.1
Bidder Agrees to Execute Agreement
In Substantially This Form
AGREEMENT
The following agreement ("AGREEMENT") is made and entered into, in duplicate, as of
the date executed by the Mayor and attested to by the City Clerk, by and between
____________________ hereinafter referred to as the "CONTRACTOR" and the City of
Diamond Bar, California, hereinafter referred to as "CITY."
WHEREAS, pursuant to Notice Inviting Sealed Bids, bids were received, publicly opened,
and declared on the date specified in the notice; and
WHEREAS, CITY accepted the bid of CONTRACTOR __________________________
and;
WHEREAS, CITY has authorized the Mayor to execute a written contract with
CONTRACTOR for furnishing labor, equipment and material for the
___________________________ Project in the City of Diamond Bar.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is
agreed:
1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor,
tools, materials, appliances, and equipment for and do the work for the STEEP CANYON ROAD
EROSION CONTROL AND SEDIMENTATION PREVENTION AT CLEAR CREEK CANYON
DRIVE- PW 24401 Project in the City of Diamond Bar. The work to be performed in accordance
with the plans and specifications, dated (The Plans and Specifications) on file in
the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in
accordance with the instructions of the City Engineer.
2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY:
The Plans and Specifications are incorporated herein by reference and made a part hereof with
like force and effect as if set forth in full herein. The Plans and Specifications, CONTRACTOR'S
Bid dated , together with this AGREEMENT, shall constitute the contract
between the parties. This AGREEMENT is intended to require a complete and finished piece of
work and anything necessary to complete the work properly and in accordance with the law and
lawful governmental regulations shall be performed by the CONTRACTOR whether set out
specifically in the contract or not. Should it be ascertained that any inconsistency exists between
the aforesaid documents and this AGREEMENT, the following order of precedence shall apply:
(1) This AGREEMENT; (2) The Plans and Specifications; and (3) Contractor's bid.
3. COMPENSATION: CONTRACTOR agrees to receive and accept the prices set
forth in its Bid Proposal as full compensation for furnishing all materials, performing all work, and
fulfilling all obligations hereunder. Said compensation in the amount of [Insert total
compensation amount] shall cover all expenses, losses, damages, and consequences arising
4
1293492.1
out of the nature of the work during its progress or prior to its acceptance including those for well
and faithfully completing the work and the whole thereof in the manner and time specified in the
aforesaid contract documents; and also including those arising from actions of the elements,
unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension
or discontinuance of the work, and all other unknowns or risks of any description connected with
the work. Final payment to Contractor shall be withheld for at least 30 days after the time in
which Contractor has verified, to the City's satisfaction, that it has submitted all information to
the Department of Industrial Relations required by Labor Code §1773.3.
4. TERM OF CONTRACT: CONTRACTOR agrees to complete the work within
____Thirty__ (30) working days from the date of the notice to proceed.
CONTRACTOR agrees further to the assessment of liquidated damages in the
amount of one thousand dollars ($1,000.00) for each calendar day the work remains
incomplete beyond the expiration of the completion date. CITY may deduct the amount thereof
from any monies due or that may become due the CONTRACTOR under this AGREEMENT.
Progress payments made after the scheduled date of completion shall not constitute a waiver of
liquidated damages.
5. INSURANCE: CONTRACTOR shall not commence work under this contract until
he has obtained all insurance required hereunder in a company or companies acceptable to
CITY nor shall the CONTRACTOR allow any subcontractor to commence work on his
subcontract until all insurance required of the subcontractor has been obtained. The
CONTRACTOR shall take out and maintain at all times during the life of this contract the
following policies of insurance:
a. Workers' Compensation Insurance: Before beginning work, the
CONTRACTOR shall furnish to the CITY a certificate of insurance as proof
that he has taken out full workers' compensation insurance for all persons
whom he may employ directly or through subcontractors in carrying out the
work specified herein, in accordance with the laws of the State of California.
Such insurance shall be maintained in full force and effect during the period
covered by this contract.
In accordance with the provisions of Section 3700 of the California Labor
Code, every CONTRACTOR shall secure the payment of compensation to
his employees. The CONTRACTOR, prior to commencing work, shall sign
and file with the CITY a certification as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which
requires every employer to be insured against liability for workers'
compensation or to undertake self insurance in accordance with the
provisions of that Code, and I will comply with such provisions before
commencing the performance of work of this contract."
b. For all operations of the CONTRACTOR or any sub-contractor in performing
the work provided for herein, insurance with the following minimum limits
and coverage:
5
1293492.1
1) General Liability - $5,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General
Liability insurance or other form with a general aggregate limit is
used, either the general aggregate limit shall apply separately to this
AGREEMENT or the general aggregate limit shall be twice the
required occurrence limit.
2) Automobile - $5,000,000 per accident for bodily injury and property
damage.
3) Employer's Liability - $5,000,000 per accident for bodily injury or
disease.
c. Each such policy of insurance provided for in paragraph b. shall:
1) Be issued by an insurance company approved in writing by CITY,
which is authorized to do business in the State of California.
2) Name as additional insured the City of Diamond Bar, its officers,
agents and employees, and any other parties specified in the bid
documents to be so included;
3) Specify it acts as primary insurance and that no insurance held or
owned by the designated additional insured shall be called upon to
cover a loss under the policy;
4) Contain a clause substantially in the following words:
"It is hereby understood and agreed that this policy may not be
canceled nor the amount of the coverage thereof reduced until thirty
(30) days after receipt by CITY of a written notice of such cancellation
or reduction of coverage."
5) Otherwise be in form satisfactory to the CITY.
d. The policy of insurance provided for in subparagraph a. shall contain an
endorsement which:
1) Waives all right of subrogation against all persons and entities
specified in subparagraph 4.c.(2) hereof to be listed as additional
insured in the policy of insurance provided for in paragraph b. by
reason of any claim arising out of or connected with the operations
of CONTRACTOR or any subcontractor in performing the work
provided for herein;
2) Provides it shall not be canceled or altered without thirty (30) days'
written notice thereof given to CITY.
6
1293492.1
e. The CONTRACTOR shall, prior to performing any work under this
AGREEMENT, deliver to the City Manager or his designee the original
policies of insurance required in paragraphs a. and b. hereof, or deliver to
the City Manager or his designee a certifica te of the insurance company,
showing the issuance of such insurance, and the additional insured and
other provisions required herein.
f. Self Insured Retention/Deductibles. All policies required by this
AGREEMENT shall allow CITY, as additional insured, to satisfy the self-
insured retention (“SIR”) and/or deductible of the policy in lieu of the Owner
(as the named insured) should CONTRACTOR fail to pay the SIR or
deductible requirements. The amount of the SIR or deductible shall be
subject to the approval of the City Attorney and the Finance Director.
CONTRACTOR understands and agrees that satisfaction of this
requirement is an express condition precedent to the effectiveness of this
AGREEMENT. Failure by CONTRACTOR as primary insured to pay its SIR
or deductible constitutes a material breach of this AGREEMENT. Should
CITY pay the SIR or deductible on CONTRACTOR’s behalf upon the
CONTRACTOR’s failure or refusal to do so in order to secure defense and
indemnification as an additional insured under the policy, CITY may include
such amounts as damages in any action against CONTRACTOR for breach
of this AGREEMENT in addition to any other damages incurred by CITY
due to the breach.
6. PREVAILING WAGE: Notice is hereby given that in accordance with the
provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the
CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages
for work of a similar character in the locality in which the public works is performed, and not less
than the general prevailing rate of per diem wages for holiday and overtime work. In that regard,
the Director of the Department of Industrial Relations of the State of California is required to and
has determined such general prevailing rates of per diem wages. Copies of such prevailing
rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar,
21825 Copley Drive, Diamond Bar, California, and are available to any interested party on
request. CITY also shall cause a copy of such determinations to be posted at the job site.
CONTRACTOR shall forfeit, as penalty to CITY, not more than two hundred dollars
($200.00) for each laborer, workman or mechanic employed for each calendar day or portion
thereof, if such laborer, workman or mechanic is paid less than the general prevailin g rate of
wages hereinbefore stipulated for any work done under this AGREEMENT, by him or by any
subcontractor under him.
CONTRACTOR and any of its subcontractors must be registered with the Department of
Industrial Relations pursuant to Labor Code section 1725.5, which precludes the award of a
contract for a public work on any public works project awarded after April 1, 2015. This
Agreement is subject to compliance monitoring and enforcement by the Department of Industrial
Relations.
7
1293492.1
7. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section
1777.5 of the Labor Code, and in accordance with the regulations of the California
Apprenticeship Council, properly indentured apprentices may be employed in the performance
of the work.
CONTRACTOR is required to make contribution to funds established for the
administrative of apprenticeship programs if he employs registered apprentices or journeymen
in any apprenticeship trade on such contracts and if other CONTRACTOR'S on the public works
site are making such contributions.
CONTRACTOR and subcontractor under him shall comply with the requirements of
Sections 1777.5 and 1777.6 in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules and other requirements
may be obtained from the Director of Industrial Relations, ex-officio the Administrator of
Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and
its branch offices.
8. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's
work for all workmen employed in the execution of this contract, and the CONTRACTOR and
any sub-contractor under him shall comply with and be governed by the laws of the State of
California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of
the Labor Code of the State of California as amended.
CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for
each laborer, workman or mechanic employed in the execution of the contract, by him or any
sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each
calendar day during which the laborer, workman or mechanic is required or permitted to labor
more than eight (8) hours in violation of the Labor Code.
9. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and
subsistence pay to each workman needed to execute the work required by this contract as such
travel and subsistence payments are defined in the applicable collective bargaining agreements
filed in accordance with Labor Code Section 1773.8.
10. CONTRACTOR'S LIABILITY: The CITY and its officers, agents and employees
("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage
that may happen to the work or any part thereof, or for any of the materials or other things used
or employed in performing the work; or for injury or damage to any person or persons, either
workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage to
adjoining or other property from any cause whatsoever arisin g out of or in connection with the
performance of the work. CONTRACTOR shall be responsible for any damage or injury to any
person or property resulting from defects or obstructions or from any cause whatsoever.
CONTRACTOR will indemnify Indemnities against and will hold and save Indemnitees
harmless from any and all actions, claims, damages to persons or property, penalties,
obligations or liabilities that may be asserted or claimed by any person, firm, entity, c orporation,
political subdivision, or other organization arising out of or in connection with the work, operation,
8
1293492.1
or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for
herein, whether or not there is concurrent passive negligence on the part of CITY. In connection
therewith:
a. CONTRACTOR will defend any action or actions filed in connection with
any such claims, damages, penalties, obligations or liabilities and will pay
all costs and expenses, including attorneys' fees, expert fees and costs
incurred in connection therewith.
b. CONTRACTOR will promptly pay any judgment rendered against
CONTRACTOR or Indemnitees covering such claims, damages, penalties,
obligations and liabilities arising out of or in connection with such work,
operations or activities of CONTRACTOR hereunder, and CONTRACTOR
agrees to save and hold the Indemnitees harmless therefrom.
c. In the event Indemnitees are made a party to any action or proceeding filed
or prosecuted against CONTRACTOR for damages or other claims arising
out of or in connection with the work, operation or activities hereunder,
CONTRACTOR agrees to pay to Indemnitees and any all costs and
expenses incurred by Indemnitees in such action or proceeding together
with reasonable attorneys' fees.
Contractor's obligations under this section apply regardless of whether or not such claim,
charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil
fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However,
without affecting the rights of CITY under any provision of this AGREEMENT, Contractor shall
not be required to indemnify and hold harmless CITY for liability attributable to the active
negligence of CITY, provided such active negligence is determined by agreement between the
parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown
to have been actively negligent and where CITY active negligence accounts for only a
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
9
1293492.1
scope of their duties, from all claims, losses and liabilities arising out of or incident to activities
or operations performed by or on behalf of the CONTRACTOR regardless of any prior,
concurrent, or subsequent passive negligence by the Indemnitees.
11. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination
shall be made in the employment of persons in the work contemplated by this AGREEMENT
because of the race, color or religion of such person. A violation of this section exposes the
CONTRACTOR to the penalties provided for in Labor Code Section 1735.
12. PAYMENT FUND: A City Council resolution established a Project Payment
Account, encumbered money in the current budget, and assigned that money to the Project
Payment Account, which is the sole source of funds available for payment of the contract sum
set forth in Section 3 of this AGREEMENT. CONTRACTOR understands and agrees that
CONTRACTOR will be paid only from this special fund and if for any reason this fund is not
sufficient to pay CONTRACTOR, CONTRACTOR will not be entitled to payment. The availability
of money in this fund, and CITY's ability to draw from this fund, are conditions precedent to
CITY's obligation to make payments to CONTRACTOR.
13. PRESENTATION OF CLAIMS: Any claim, as that term is defined in Public
Contract Code §9204, shall be submitted in accordance with Section 9204 and shall contain a
sufficient description of the claim, the basis therefore and documentation in support of the claim.
The claim shall be processed as more fully set forth in the Plans and Specifications.
14. TERMINATION: This AGREEMENT may be terminated by the CITY, without
cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30)
days prior to the date of termination specified in the notice. Upon receipt of such notice,
Contractor shall immediately cease work, unless otherwise directed by the Notice of
Termination. In the event of such termination, Contractor shall be paid for services satisfactorily
rendered and expenses reasonably and necessarily incurred prior to the effective date of
termination, unless the Notice of Termination is issued for cause, in which event the City may
withhold any disputed compensation. Contractor shall not be entitled to any claim for lost profits.
State of California
"CONTRACTOR'S" License No. ________________________
CONTRACTOR'S Business Phone:
CONTRACTOR'S emergency phone which can be reached at any time:
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT with all
the formalities required by law on the respective dates set forth opposite their signatures.
By: ______________________________________
Title: _________________________________
Date:
By:
10
1293492.1
Title:
Date:
CITY OF DIAMOND BAR, CALIFORNIA
By: _____________________________________
STAN LIU, MAYOR
__________________________
Date
ATTEST:
By: _____________________________________
KRISTINA SANTANA, CITY CLERK
__________________________
Date
APPROVED AS TO FORM:
_____________________________________
DAVID A. DEBERRY, 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.
11
1293492.1
PART II
GENERAL PROVISIONS
1293492.1 GP-1
GENERAL PROVISIONS
FOR
STEEP CANYON ROAD EROSION CONTROL AND SEDIMENTATION PREVENTION AT
CLEAR CREEK CANYON DRIVE_PROJECT
CITY PROJECT NO. __PW 24401____________
All work shall be done in accordance with the Standard Specifications for Public Works
Construction (2021 Edition and all subsequent supplements), hereinafter referred to as
Standard Specifications; the State of California Department of Transportation Standard
Specifications (2021 Edition and all subsequent supplements), hereinafter referred to as
Caltrans Standard Specifications; Plans, Standard Construction Drawings; and these
Special Provisions.
MODIFICATIONS TO THE STANDARD SPECIFICATIONS
Section 1. General.
Section 1-7. Award and Execution of Contract
(a) Examination of Plans, Specifications, Special Provisions, and Site of Work: The
bidder is required to examine carefully the site and the proposal, plans,
specifications and contract forms for the work contemplated, and it will be assumed
that the bidder has investigated and is satisfied as to the conditions to be
encountered, including all installations and utilities, whether underground, surface
or overhead, as to the character, quality and quantities of work to be performed
and materials to be furnished, and as to the requirements of the specifications, the
special provisions and the Contract. It is mutually agreed that submission of a
proposal shall be considered prima facie evidence that the bidder has made such
examination.
(b) Proposal Form: All proposals must be made upon blank forms to be obtained from
the City Clerk at City Hall, 21810 Copley Drive, Diamond Bar, California. All
proposals must give the prices proposed, both in writing and figures, and must be
signed by the bidder, and his address shown. If the proposal is made by an
individual, his name and post office address must be shown. If made by a firm or
partnership, the name and post office address of each member of the firm or
partnership must be shown. If made by a corporation, the proposal must show the
name of the state under the laws of which the corporation was chartered and the
names, titles, and business addresses of the president, secretary, and treasurer.
(c) Rejection of Proposals Containing Alterations, Erasures or Irregularities:
Proposals may be rejected if they show any alterations or form additions not called
for, conditional or alternative proposals, incomplete proposals, erasures, or
irregularities of any kind.
(d) Bidder's Guarantee: All proposals shall be presented under sealed cover and shall
be accompanied by cash, cashier's check or certified check payable to, or bidder's
bond in favor of the City of Diamond Bar in an amount of not less than ten percent
1293492.1 GP-2
(10%) of the amount named in said proposal, and no proposal shall be considered
unless such cash, cashier's check, certified check or bidder's bond is enclosed
therewith.
(e) Return of Bidder's Guarantees: Proposal guarantees will be held until the Contract
has been finally executed, after which they will be returned to the respective
bidders whose proposals they accompany.
The Notice to Bidders, Proposal, bonds, Instructions to bidders, General Provisions
and Detail Specifications, shall be deemed incorporated in the Contract by reference.
A Corporation to which an award is made will be required, before the Contract is finally
executed, to furnish evidence of its corporate existence and evidence that the officer
signing the Contract and bonds for the corporation is duly authorized to do so.
Add the following section:
Subsection 1-7.3. Plans and Specifications
An addendum to these specifications may be issued by the City Engineer at any time
prior to the bid opening.
Section 2. Scope of the Work
Section 2-2. Permits
Add the following paragraph:
The Contractor and all subcontractors shall obtain and maintain a valid City business
license. The Contractor shall also obtain a no-fee "Encroachment Permit" from the Public
Works Department, Engineering Division. Both the permit and the license shall be valid
for the entire construction period and shall be kept at the job site at all times. All provisions
of the permit shall apply and shall have authority over any conditions contained herein
these Special Provisions. Any costs incurred due to compliance with the permit or in
obtaining a city business license or any other required permit or license shall be included
in the contract cost for the work item involved and no additional payment will be made.
Failure to comply with these specific licensing and permit requirements will result in
withholding of any progress payment(s) to the Contractor.
Section 2-11. Marking Removal
All markings placed by the Contractor, City, and Underground Service Alert (USA) during
construction shall be removed at the completion of the work. These markings shall
include, but not limited to, paint, stakes, and metal tags.
1293492.1 GP-3
Section 3. Control of the Work
Section 3-5. Inspection
The Contractor shall notify the City Engineer a minimum of five working days in advance
when a final inspection of the work is desired. If the City Engineer agrees that the work
is complete and ready for inspection, he will, as soon thereafter as possible, make the
necessary examinations. No final acceptance of the work shall be allowed until all check
(punch) list items to be rectified have been corrected and any subsequent final
inspections have been performed.
Section 3-12. Work Site Maintenance
Subsection 3-12.4.1 General
All costs associated with the disposal of all excavated or demolition materials, including
any gate fees, shall be paid by the Contractor. These costs shall be included in the bid
price for the applicable bid items.
Prior to any excavated or demolition material being removed from the construction site
the Contractor shall notify the City as to the hauling route and destination for disposal.
If the location for disposal is other than a county landfill then the Contrac tor shall
provide the City with written permission and release of liability for the City from the
owner of the property where the material will be deposited.
Subsection 3-12.4.2 Storage in Public Streets
Construction equipment shall not be stored at the construction site, any public street
or publicly owned facilities without approval of the City. Contractor shall store
equipment at a contractor’s rental yard.
All excavated material that is to be hauled to and disposed of at a County landfill site
by the Contractor is subject to a County gate fee based on tonnage.
Subsection 3-12.5.4
Any facilities, structures, water lines, landscaping, surfaces, signs, pavement
markings, painted curbs, house numbers, etc., which are damaged during construction
shall be restored to the satisfaction of the City. Damaged water lines shall be repaired
immediately at no additional cost to the city.
Add the following sections:
Section 3-12.7. NPDES Requirements
The contractor shall conform to the requirements of the National Pollutant Discharge
Elimination System (NPDES) Permit for Construction Activities, Municipal NPDES Permit.
1293492.1 GP-4
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 shall implement erosion control measures, such as the placement of
gravel bags and fabric around all storm drain inlets and 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.
Section 3-12.8. 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 the City Engineer 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.
Section 4. Control of Materials
Section 4-1. 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 City, 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 City 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 City Engineer's
written notice.
Section 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.
1293492.1 GP-5
Section 5. Legal Relations and Responsibilities
Add the following section:
Section 5-8. 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 Engineer 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.
The City will require the Contractor to distribute two (2) “Public Notices” to each business
and residence affected by the program. The first notice shall be distributed to each
business and residence ten (10) calendar days prior to the start of any work. The second
notice shall be distributed at least forty-eight (48) hours prior to the start of work. Said
notice shall be provided by the Contractor to the City Engineer for review and approval
prior to distribution by the Contractor.
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 6. Prosecution and Progress of the Work
Section 6-1. Construction Schedule and Commencement of the Work
Add the following sections:
Subsection 6-1.3. Utilities
Subsection 6-1.3.1. Location
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:
1293492.1 GP-6
Verizon Telephone
1400 E. Phillips Boulevard
Pomona, California 91766
(800) 227-2600 (DigAlert)
(909) 469-6354 (Office)
Waste Management
13940 East Live Oak Avenue
Baldwin Park, California 91706
(800) 266-7551
Valley Vista Services
16000 Temple Avenue
La Puente, California 91744
(800) 442-6454
Southern California Edison Co.
800 West Cienega Avenue
San Dimas, California 91773
(800) 227-2600 (DigAlert)
(800) 684-8123 (Office)
Southern California Gas Company
1919 South State College Boulevard
Anaheim, California 92803
(800) 227-2600 (DigAlert)
(800) 427-2200 (Office)
Walnut Valley Water District
271 South Brea Canyon Road
Walnut, California 91789
(909) 595-7554
Pomona Unified School District
800 South Garey Avenue
Pomona, California 91766
(909) 397-4800
Walnut Valley Unified School District
880 S. Lemon Ave.
Walnut, CA 91789
(909) 595-1261
Charter Communications (Spectrum)
3430 E Miraloma Avenue
Anaheim, CA 92806
(844) 780-6054
1293492.1 GP-7
Los Angeles County Department of Public Works
900 S. Fremont Ave.
Alhambra, CA 91803-1331
Operation Services
(626) 445-7630
Sewer Maintenance
(800) 675-4357
Los Angeles County Sheriff's Department
21695 E. Valley Blvd.
Walnut, California 91789
(909) 595-2264
Los Angeles County Fire Department
Station 119
20480 Pathfinder Road
Diamond Bar, California 91765
(909) 861-5995
Los Angeles County Fire Department
Station 121
346 Armitos Place
Diamond Bar, California 91765
(909) 396-0164
Metropolitan Water – La Verne
Substructures Team
P.O. Box 54153 Terminal Annex
Los Angeles, CA 90054
(213) 217-6679
Los Angeles County Fire Department
Station 120
1051 S Grand Ave
Diamond Bar, CA 91765
(323) 881-2411 (non-emergencies)
911 (emergencies)
The Contractor shall notify each of the above listed utility companies and agencies
in writing (copy to City) of the project. They shall be invited to a pre -construction
meeting and provided a work schedule.
Subsection 6-1.3.2. Protection
The Contractor is hereby alerted to the existence of utility lines. The Contractor shall
carefully protect all lines during the course of construction.
1293492.1 GP-8
Subsection 6-1.4. Work Hours and Sound Control
Daytime work hours shall be 7:00 a.m. to 4:00 p.m. Monday - Friday. Saturday work
hours, if permitted at least one week (7 Calendar Days) in advance by the City Engineer,
shall be 8:00 a.m. to 4:00 p.m.
Nighttime work hours shall be 10:00 p.m. to 5:00 a.m. Monday – Friday. Nighttime work
hours are not required but will be permitted at the request of the contractor with the City
Engineer’s authorization. Contractor shall request nighttime work hours at least 1 week
(7 calendar days) prior to beginning the proposed nighttime work operations.
The Contractor shall comply with all County and local sound control and noise level rules,
regulations, and ordinances which apply to any work performed pursuant to the contract,
and shall make every effort to control any undue noise resulting from the constru ction
operation.
Each internal combustion engine used for any purpose on the job or related to the job
shall be equipped with a muffler of a type recommended by the manufacturer. No internal
combustion engine shall be operated on the project without said muffler.
The City Engineer reserves the right to stop work if he determines that these conditions
are being violated.
Section 6-2. Prosecution of the Work
Add the following sections:
Subsection 6-2.1. 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 6-2.2. Responsibilities of the Contractor in Conduct of His Work
Subsection 6-2.2.1. 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, religion, color, gender or national
origin such persons and every contractor for public works violating this section is
subject to all the penalties imposed for a violation of Chapter 11 or Part VII, Division 2
of the Labor Code in accordance with the provisions of Section 1735 thereof.
1293492.1 GP-9
Subsection 6-2.2.2. Contractor's Responsibility for Work
Reference is made to Section 6 - 8 of the Standard Specifications and these General
Provisions. Except as provided above, until the formal acceptance of the work by the
City Council, the Contractor shall have the charge and care thereof and shall bear the
risk of injury or damage to any part thereof by the action of the elements or from any
other case, whether arising from the execution or from the non -execution of the work.
The Contractor shall rebuild, repair, restore, and make good all injuries or damages to
any portion of the work occasioned by any of the above causes before final acceptance
and shall bear the expense thereof, except such injuries or damages occasioned by
acts of the Federal Government or the public enemy.
Subsection 6-2.3. Public Convenience and Safety
Subsection 6-2.3.1. Traffic and Access
Not used.
Subsection 6-2.3.2. Protection of the Public
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 City 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 City 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 City Engineer will order the Contractor to p rovide a
remedy for the unsafe condition. If the Contractor fails to act on the situation within a
reasonable time period, the City 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 City Engineer, may seem reasonable and necessary.
The cost and expense of said labor and material, together with the cost and expense
of such repairs as are deemed necessary, shall be borne by the Contractor. All
expenses incurred by the City for emergency repairs will be deducted from the
progress payments and the final payment due to the Contractor. However, if the City
does not take such remedial measures, the Contractor is not relieved of the full
responsibility for public safety.
1293492.1 GP-10
Subsection 6-2.4. Recycling of Material
Subsection 6-2.4.1. Recycle of Asphalt Concrete, Portland Cement Concrete
The City 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 has
been provided in Appendix _ for further information.
Section 6-9 Liquidated Damages
The amount of liquidated damages is hereby amended to one thousand dollars
($1,000.00) for each consecutive calendar day.
Section 7. Measurement and Payment
Section 7-3. Payment
Subsection 7-3.1. General
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.
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.
1293492.1 GP-11
Subsection 7-3.2. Partial and Final Payment
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 City Engineer before
submittal to the City for payment. All billings shall be directed to the City Engineer. In all
events, the City shall withhold no less than five percent (5%) of the contract price until
final completion and acceptance of the work.
This payment on account shall in no way be considered as an acceptance of any part of
the work or material of the Contract, nor shall it in any way govern the final estimate.
Acceptance of any progress payment accompanying any estimate without written protest
shall be an acknowledgment by the Contractor that the number of accumulated contract
days shown on the associated statement of working days is correct. Progress payments
made by the City to the Contractor after the completion date of the C ontract 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.
1293492.1 GP-12
Subsection 7-3.5. Contract Unit Prices
Subsection 7-3.5.1. General
All pay items will be paid for at the unit prices named in the Bid Schedule for the
respective items of work. The quantities of work or material stated as unit price
items on the Bid Schedule are stated only to give an indication of the general
scope of the work. The City does not expressly, nor by implication, agree that
the actual amount of work or material will correspond therewith, and reserves
the right after the award of Contract to increase or decrease the quantity of any
unit price item of work, and shall have the right to delete any Bid Item in its
entirety, or to add additional Bid Items.
Add the following sections:
Section 7-6. Final Cleanup and Closeout
Upon completion of the work, and before acceptance and final payment is made by the
City, the Contractor shall clean the project site and areas occupied by him in connection
with the work. All rubbish, excess materials, falsework, temporary structures, and
equipment shall be removed; and all parts of the work shall be left in a neat and
presentable condition.
Prior to final closeout, the Contractor shall submit the following:
A. A complete set of as-built/record plans showing constructed conditions, materials,
revisions, finishes, etc. for the Project.
B. A complete file of operation and maintenance manuals for equipment and
materials used in the work. Such file shall be bound in hardcover, three -ring
binders and shall be labeled.
C. Required written guarantees.
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. Failure to conform to these requirements may result
in the City withholding the full retention payment.
Section 7-7. Payment for Bid Items
See “Technical Provisions” section of these Specifications.
0
1293492.1
PART III
SPECIAL PROVISIONS
1293492.1 SP-1
SPECIAL PROVISIONS
FOR
STEEP CANYON ROAD EROSION CONTROL AND SEDIMENTATION PREVENTION
AT CLEAR CREEK CANYON DRIVE
CITY PROJECT NO. PW 24401
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", 2021 Edition
and all subsequent supplements, hereinafter referred to as the Standard Specifications , the
California Stormwater Quality Association, Stormwater Best Management Practice Online
Handbook: Development, and the California Stormwater Quality Association, Stormwater
Best Management Practice Online Handbook: Construction,
The Standard Specifications are published by Building News, Inc. 10801 National Boulevard,
Suite 100, Los Angeles, California 90034 and are included by reference only.
LOCATION OF WORK
902 Steep Canyon Road, Diamond Bar, CA 91765
ADDENDA
The City Engineer may, without City Council approval, issue addenda to the Contract
Documents during the period of advertising for bids for the purpose of: (a) revising prevailing
wage scales or (b) clarifying or correcting Special Provisions, Plans or Bid Proposal; provided
that any such addenda does not change the original scope and intent of the project.
Purchasers of contract documents will be notified and furnished copies of such addenda,
either by certified mail or personal delivery, during the period of advertising.
TIME LIMIT AND NOTICE TO PROCEED
All work shall be completed within thirty (30) working days. A move-in period of seven (7)
calendar days will be allowed starting on the date in the Notice to Proceed. The counting of
working days shall start on the date the Contractor elects to start work or the last day of the
move-in period, whichever occurs first. The Contractor shall utilize the move-in period to
ensure that all materials required for the project will be available for the scheduled work. No
additional working days will be allowed for material delay once the Contractor commences
work. The contractor shall begin construction 2 weeks from the date of project award by City.
The Notice to Proceed will be issued immediately after the project award and working days
will be counted starting on the first date of construction start. Upon exhaustion of stipulated
working days, liquidated damages will be assessed per each calendar day of delay.
1293492.1 SP-2
Nothing in this section will relieve the Contractor of its obligations relative to starting work as
required elsewhere in these specifications.
CHANGES IN THE WORK
Subsection 2-7.1 of the Standard Specifications is replaced 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 findin g as to the bidder's
safety record or any bid submitted which does not contain the Contractor's Industrial Safety
Record, filled out and signed by the Contractor, may be sufficient cause for rejection of the
bid.
CONSTRUCTION SCHEDULE
In accordance with Subsection 6-1 of the Standard Specifications, the Contractor shall submit
a written proposed construction schedule to the City Engineer ten (10) calendar days prior to
the start of work. Such schedule shall be subject to the review an d approval by the City
Engineer. No work shall be done until the City Engineer and the Contractor have agreed to
the schedule to be followed by the Contractor.
WITHHELD CONTRACT FUNDS
Pursuant to Section 4590 of the Government Code, the Contractor at its own expense may
deposit securities pledged in favor of the City 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 City terminates the City’s interest in the securities.
PUBLIC CONVENIENCE AND SAFETY
In addition to the requirements of Subsection 6 -2.3-10 of the General Provisions, the
Contractor shall maintain access to all adjacent properties. Furthermore, this subsection is
amended and supplemented by the following paragraphs:
1293492.1 SP-3
TRAFFIC FLOW
Not used.
CONSTRUCTION WATER
Construction water is available from the Walnut Valley Water District (WVWD) by applying
for a temporary meter, which will be installed and chained to a hydrant by WVWD. Contact
WVWD at telephone (909) 595-7554 to apply for construction water. Contractor to verify
current charges.
SANITARY CONVENIENCE
Necessary sanitary facilities for the use of workman on the job shall be provided and
maintained in an approved manner by the Contractor, properly secluded from public
observation and in compliance with health ordinances and laws, and their use shall be strictly
enforced by the Contractor.
STORAGE SITE
It shall be the Contractor’s responsibility to locate any storage sites for materials and
equipment needed and such sites either located on public or private property must be
approved in advance by the City Engineer.
No equipment or materials shall be stored in the public roadway right -of-way without prior
written approval from the City Engineer.
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 City
Engineer for the required inspection service and pay the Special Inspectio n 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 City
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.
1293492.1 SP-4
TRASH COLLECTION SCHEDULE
Not used.
REMOVAL OF MATERIALS
Materials, which are to be disposed of, include, but are not limited to:
saw-cut asphalt pavement and concrete removed for curb and gutter shall not be stored
at the site but shall be removed immediately. No overnight storage of materials or debris
will be allowed in the street area or surrounding areas.
COMPETENCY OF BIDDER
The bidder shall be licensed under the provisions of Chapter 9, Division 3, of the Business
and Professions Code of the State of California to do the type of work contemplated in the
Contract and shall be skilled and regularly engaged in the general class or type of work called
for under this Contract. The Contractor shall possess a State of California Class A
Contractor’s License or a combination of Class C Specialty Contractor’s License(s) adequate
to perform the work herein described and be registered with the Department of Industrial
Relations per California Labor Code Section 1771.1. All subcontractors shall have equivalent
licenses for their specific trades.
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 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
1293492.1 SP-5
consideration for employment of any nature, the Contractor shall state that all
qualified applicants will receive consideration for employment without regard to
race, color, sex, religion, ancestry or national origin.
c. In all hiring, the Contractor shall make every effort to hire qualified workers from all
races and ethnic groups.
d. The Contractor shall be responsible for the compilation of records of the ethnic
distribution of the entire project work force on forms furnished by the City. 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 City 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 City, 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 City 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 City, 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 City
provides for a greater time period:
(1) File with the City an Affirmative Action Plan indicating the steps it will take
to encourage and assist qualified members of minority groups. Such
affirmative action will include statements regarding recruitment,
employment, compensation, promotion or demotion, and selection for
training.
(2) Provide evidence as required by the City 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 City 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 City in writing of any opposition to this EEO section by individuals,
firms, unions or organizations.
1293492.1 SP-6
h. If the City 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 City 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 City’s request, the Contractor shall meet with representatives of the
City 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
City may notify the Fair Employment Practices Commission and pursue any
other remedies, which may be available under the law.
i. The Contractor shall include the provisions of the foregoing paragraphs 1a through 1h
in every first-tier subcontract and require each subcontractor to bind each
further subcontractor with whom it has a contract to such provisions, so that
such provisions will be binding upon each subcontractor who performs any of
the work required by the Contract.
2. ANTI-DISCRIMINATION
a. The Contractor certifies and agrees that all persons employed by the Contractor, its
affiliates, subsidiaries or holding companies are and will be treated equally by
the Contractor without regard to or because of race, color, sex, religion,
ancestry or national origin and in compliance with State and Federal anti-
discrimination laws. The Contractor further certifies and agrees that it will deal
with its subcontractors, bidders and vendors without regard to or because of
race, color, sex, religion, ancestry or national origin. The Contractor agrees to
allow access to its employment records during regular business hours to verify
compliance with the foregoing provisions when so requested by the City.
b. The Contractor specifically recognizes and agrees that if the City finds that any of the
foregoing provisions have been violated, the same shall constitute a material
breach of Contract upon which the City may determine to cancel, terminate or
suspend the Contract. While the City reserves the right to determine
individually that the anti-discrimination provisions of the Contract have been
violated, in addition a determination by the California Fair Employment
Practices Commission or the Federal Equal Employment Opportunity
Commission that the Contractor has violated State or Federal anti-
discrimination laws shall constitute a finding by the City that the Contractor has
violated the anti-discrimination provisions of the Contract.
c. At its option, and in lieu of canceling, terminating or suspending the Contract, the City
may impose damages for any violation of the anti-discrimination provisions of
this section, in the amount of two hundred ($200.00) for each violation found
and determined. The City and the Contractor specifically agree that the
aforesaid amount shall be imposed as liquidated damages, and not as a
1293492.1 SP-7
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.
1293492.1 TP-1
PART IV
TECHNICAL PROVISIONS
1293492.1 BID-1
PART V
BID ITEM DESCRIPTIONS
1293492.1 BID-2
BID ITEM DESCRIPTIONS
FOR
STEEP CANYON ROAD EROSION CONTROL AND SEDIMENTATION PREVENTION
AT CLEAR CREEK CANYON DRIVE
CITY PROJECT NO. PW 24401
The basis of comparison to determine the low bid is the Total Bid Price.
BID ITEM NO. 1 - MOBILIZATION, DEMOBILIZATION, CLEARING AND GRUBBING,
AND MISCELLANEOUS ITEMS OF WORK (NOT TO EXCEED 5% OF TOTAL
CONSTRUCTION COSTS.)
GENERAL
Work under this item includes furnishing all labor, material, and equipment to mobilize and
demobilize, provide cleanup of construction site, provide all bonds, insurances and multiple
move-ins/relocations. Includes all items necessary to complete the project from the General
Provisions which are not contained in the Itemized Bid Schedule. Provide project phasing
as needed to minimize disruption to residents and businesses. Public Work permits and
fees in the City of Diamond Bar. This bid item also includes all items as necessary to
complete the Project Work from the General Provisions which are not contained within the
itemized Bid Schedule below. The cost of Bid Item No. 1 shall not exceed five percent
(5%) of the summation of the other Bid Items.
BID ITEM NO. 2 - CONSTRUCTION SURVEYING/STAKING, MONUMENT
PRESERVATION, RESET DISTURBED MONUMENTS
GENERAL
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 shall be made in a horizon tal plane.
Three (3) consecutive points set on the same slope shall be used in common in order to
detect any variation from a straight line. In the event any discrepancy exists, it shall be
reported to the Engineer through the Contractor. The Contractor is responsible for any errors
in the finished work. Minor deviations from the approved Plans, whenever required by the
constraints of construction, shall be approved by the Engineer and authorized in writing.
The Contractor shall carefully preserve all reference points, benchmarks, and other survey
points, and in the case of willful or careless destruction, the Contractor shall be liable for the
cost of their replacement and any and all expenses resulting from their unnecessary loss or
disturbance. If the damaged reference points are not corrected by the Contractor, the City
will charge the Contractor for any expenses related to replacement. The Contractor shall
provide a licensed surveyor who will be responsible for resetting any damaged reference
points, benchmarks, and other survey in accordance with the City Standards.
1293492.1 BID-3
The Surveyor performing the construction related staking for the Project shall provide
the following stakes as needed to complete the Work:
STAKE TYPE STAKE REQUIREMENTS
Clearing and Grubbing Show limits of work at fifty-foot (50’) intervals
Slope Show rough grading for slopes at fifty-foot
(50’) maximum intervals.
Rough Grade Show rough grading for road subgrade on
centerline at fifty-foot (50’) intervals and on
slopes as needed to achieve or fill to finished
grade as indicated on a grade sheet.
Drainage Structure Two (2) front corners with line stakes with ten-
foot (10’) maximum offset, invert elevations in
and out, and information for top of structure
elevation
Pipelines (Storm Drain, Sewer, water, etc.) At twenty-five foot maximum intervals for invert
elevation or top of pipe; also at change of
alignment or grade.
Sewer and Storm Drain Manholes Centerline, invert elevations in and out, and top
of rim
Road Base Establish finish base grade at centerline of street
and intersections, provide “blue tops” at fifty foot
(50’) maximum on centerline of street and at ten
to fifteen foot (10’ – 15’) grids within intersections
Finish Asphalt Grade At twenty-five foot (25’) maximum intervals for
irregular asphalt cuts and fills to set leveling
surfaces and at ten to fifteen foot (10’ – 15’) grids
within intersections with additional stakes for
landings at the bottom of curb ramps
Curb and Gutter At twenty five-foot (25’) maximum intervals and
at the top of driveway entrance wings
Curb Return At each quarter (1/4) delta with a stake at the
curb return radius point
Curb Ramp Top and bottom of curb transitions, lip of
depressed gutter, finished surface at four (4)
corners of top landing and transitions
Driveway Centerline and wings (join lines if matching to
existing)
1293492.1 BID-4
Street Light and Traffic Signal Poles Five to seven foot (5’ – 7’) maximum offset
showing centerline of poles
Surveyor performing construction control surveying/staking shall provide one (1) copy each
of all grade sheets to the Engineer through the Contractor. The cost to reset construction
survey stakes lost or destroyed during construction operations shall be th e responsibility of
the Contractor, no separate or additional payment shall be allowed.
Work shall conform to the lines, grades and elevations shown on the approved plans.
Distances and measurements shall be given and made in a horizontal plan. Grades shall be
given from the top of stakes or nails, unless otherwise noted on the plans. Three consecutive
points shown on the same slope shall be used to denote variations from a straight grade. In
case any such discrepancy is not reported to the Engineer the Contractor shall be responsible
for errors in the finished work. All public improvements sh all be constructed using control
stakes. The placement and number of control stakes shall be determined by an engineer or
surveyor having responsibility for attaining a finished product pursuant to the approved
construction plans and documents. The Contrac tor shall preserve all stakes and points set
for lines, grades or measurements of work in their proper places until authorized for removal
by the Engineer. Grades for underground conduits shall be set at the surface of the adjacent
ground. The Contractor shall accurately transfer them to the trench for control of line and
grade.
BID ITEM NO. 3 – SHEETING, SHORING, AND BRACING
GENERAL
The Contractor shall provide all sheeting, shoring, and bracing measures required to permit
or otherwise complete the various items of work.
BID ITEM NO. 4 - WORK AREA TRAFFIC CONTROL AND PUBLIC NOTIFICATION
(INCLUDES FENCING AND SECURITY)
GENERAL
Furnish all labor, material, and equipment as required to provide public notifications and
convenience, safety and traffic control including: traffic control per the WATCH Manual,
warning signs, high level warning devices, delineators, regulatory signs, and barricades,
complete. Provide notification to residents, businesses and the public as required by the
City.
PUBLIC CONVENIENCE
At least ten (10) calendar days prior to commencing work, the Contractor shall submit a
schedule to the Agency (City of Diamond Bar) for approval. Based on the schedule, the
Contractor will post temporary "NO PARKING" signs at no cost to the Agency. Sign s shall
be of the format approved by the Agency and be posted at all intersections and along the
curb line at a maximum of 200 feet between signs. Signs may be attached to existing
poles, street light standards or Type-1 barricades. When necessary the Contractor shall
furnish posts. The "NO PARKING" signs shall be in place not less than forty -eight (48)
1293492.1 BID-5
hours prior to performing the work; therefore a request for changes in the schedule
requiring additional posting shall be submitted by the Contractor for approval by the
Engineer at least seventy-two (72) hours prior to the start of schedule change.
ONCE THE "NO PARKING" SIGNS HAVE BEEN POSTED, FAILURE OF THE
CONTRACTOR TO MEET AND COMPLETE THE APPROVED DAILY SCHEDULE DUE
TO CONDITIONS UNDER THE CONTRACTORS' CONTROL, WILL RESULT IN
DAMAGES BEING SUSTAINED BY THE AGENCY. SUCH DAMAGES ARE, AND WILL
CONTINUE TO BE, IMPRACTICAL AND EXTREMELY DIFFICULT TO DETERMINE.
FOR FAILURE TO MEET AND COMPLETE THE SCHEDULE AFTER POSTING, THE
CONTRACTOR SHALL PAY TO THE AGENCY, OR HAVE WITHHELD FROM MONIES
DUE, THE SUM OF $500.00 AS LIQUIDATED DAMAGES FOR EACH DAY OF
ADDITIONAL POSTING REQUIRED TO COMPLETE THE PROPOSED WORK.
REPOSTING AND NOTIFICATION WILL BE REQUIRED FOR EACH MISSED DAY. SAID
POSTING AND NOTIFICATION WILL BE AT CONTRACTOR'S EXPENSE.
The Agency will require the Contractor to distribute one (1) "Public Notice" to each
business and/or residence located adjacent to or across from the work. The Notice shall be
distributed ten (10) calendar days prior to the start of any work. A sample copy of the
Notice must be approved by the Agency. Said Notice shall be attached to a red information
hanger provided by the Contractor and be hung on the front door knob or be delivered to
the Manager in charge of the business operations.
All complaints received by the Agency associated with the work alleging damage to private
property and/or 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 per day.
All trucks which the Contractor proposes to use that exceed the legal load limit when
loaded will be required to have overweight permits from the Agency.
The Contractor shall be responsible for adequate barricading of the work area and
controlling of traffic in the vicinity of the project.
BID ITEM NO. 5 - IMPLEMENTATION OF EROSION CONTROL MEASURES
GENERAL
Best Management Practices (BMP) shall be defined as any program, technology, process,
citing criteria, operating method, measure, or device, which controls, prevents, removes, or
reduces pollution.
The Contractor shall obtain and refer to the California Storm Water Best Management
Practice Handbooks, Volume 3, Construction BMP Handbook and the Los Angeles County
Department of Public Works Best Management Practices Handbook for Construction
Activities.
Los Angeles County Department of Public Works
Cashier’s Office
1293492.1 BID-6
900 South Fremont Avenue
Alhambra, CA 91803
Telephone: 626-458-6959 Verify
The Contractor shall have a minimum of two readily accessible copies of each publication on
the Contract site at all times plus any copies of applicable environmental mitigation plans.
If the construction activity disturbs less than one acre of land, the Contractor shall still apply
BMPs to reduce to the maximum extent practicable, pollutants in storm water/urban runoff
and non-storm discharges from the construction site both during and after construction is
completed under this Contract.
EXECUTION
If the Project construction activities disturb more than one (1) acre of land, or is part of a
larger common plan of development that encompasses one or more acres of soil disturbance
a Storm Water Pollution Prevention Plan (SWPPP) will be required.
The Contractor shall not start work until the Erosion/Storm Water Pollution Prevention Plan
and construction site controls are in place and approved by the Engineer.
A Storm Water Pollution Prevention Plan, hereafter referred to as the “SWPPP,” is required
for this Contract if the construction activity will result in the disturbance of more than one acre
of land, or is part of a larger common plan of development that encompasses one or more
acres of soil disturbance. The SWPPP shall conform to the requirements of the latest version
of applicable General Construction Activity Permits and these Special Provisions and shall
be prepared by a Qualified SWPPP Developer as def ined in said Permit. Upon the Engineer’s
approval of the SWPPP, the LRP or Approved Signatory will submit the Permit Registration
Documents (PRDs) to the Regional Water Quality Control Board (Regional Board). PRDs
shall include the NOI, Site Map, and Project Risk Assessment.
No work shall be performed until the SWPPP has been approved by the LRP or Approved
Signatory, and the (PRDs) have been submitted to the Regional Board.
The Engineer will provide the Contractor with the Waste Discharge Identification (WDID)
when it is issued by the Regional Board. Within 15 days after the award of the contract, the
Contractor shall submit 2 copies of the SWPPP to the LRP or Approved Signatory. The
Contractor shall allow 7 calendar days for the LRP or Approved Signatory to review the
SWPPP. The LRP or Approved Signatory will return 1 copy to the Contractor. If revisions are
required, as determined by the LRP or Approved Signatory, the Contra ctor shall revise and
resubmit the SWPPP within 7 days of receipt of the LRP or Approved Signatory’s comments
and shall allow 3 Working Days for the LRP or Approved Signatory to review the revisions.
Upon the LRP or Approved Signatory’s approval of the SWPPP, 2 additional copies of the
SWPPP, incorporating the required changes shall be submitted to the LRP or Approved
Signatory.
The objectives of the SWPPP shall be to identify potential pollution sources that may
adversely affect the quality of storm water discharges associated with all phases of the
Project and to identify, construct, implement and maintain best management practi ces,
1293492.1 BID-7
hereafter referred to as BMPs, to reduce or eliminate to the Best Available Technology
Economically Achievable (BAT) and Best Conventional Pollutant Control Technology (BCT),
pollutants in storm water/urban runoff and non-storm water discharges from the construction
site both during and after construction is completed under this contract.
Regulatory
This Project lies within the boundaries of Los Angeles County Regional Water Quality Control
Board.
The Project shall conform to the following requirements:
Waste Discharge Requirements for Municipal Storm Water and Urban Runoff Discharges
within Region 4 -- Los Angeles Regional Water Quality Control Board: Los Angeles, Ventura
counties, (small portions of Kern and Santa Barbara counties).
In order to ensure a minimum level of water quality control is employed, the Contractor shall
effectively implement and maintain appropriate Construction Site BMPs and shall comply
with the following requirements:
1) Sediments shall not be discharged to the storm drain system or receiving waters.
2) Sediments generated on the Project site shall be contained within the Project site
using appropriate BMPs.
3) No construction-related materials; waste, spills, or residue shall be discharged from
the Project site to streets, drainage facilities, receiving waters, or adjacent property by
wind or runoff.
4) Non-storm water runoff from equipment, vehicle washing, or any other activity shall
be contained within the Project site using appropriate BMPs.
5) Erosion from exposed topsoil slopes and channels shall be prevented.
6) Minimize grading during the wet season. All erosion susceptible slopes shall be
covered, planted, or protected in any way that prevents sediment discharges from the
Project site.
The Contractor shall consider the objectives and minimum requirements listed in the latest
General Construction Activity Permit for each of the above categories. When minimum
requirements are listed for any category, the Contractor shall incorporate into t he SWPPP
and implement on the Project, one or more of the listed minimum controls required in order
to meet the BMP objectives for the category. BMP’s presented in the referenced handbooks
and shall incorporate into the SWPPP and implement on the Project the control measures
necessary to meet the objectives of the SWPPP. The Contractor shall document the selection
process in accordance with the procedure specified in the referenced handbooks.
The SWPPP shall include, but not be limited to, the following administrative items as
described in the referenced handbooks and Permits:
1293492.1 BID-8
1) Source Identification;
2) Erosion and Sediment Controls;
3) Non-Storm Water Management;
4) Waste Management and Disposal;
5) Maintenance, Inspection and Repair;
6) Training;
7) Risk Assessment (Appendix C)
8) Signed Certification Statement List of
9) Contractors and Subcontractors;
10) Post-Construction Storm Water Management;
11) Qualified SWPPP Developer and Qualified SWPPP Practitioner;
12) A copy of the Notice of Intent (NOI) submitted by the Owner/Legally Responsible
Person (LRP) or Approved Signatory;
13) Copy of the Local Permit;
14) BMP Consideration Checklist;
15) SWPPP Checklist;
16) Calculations for Site Run-on
17) Schedule of Values and Construction Schedule;
18) Water Pollution Control Drawings;
19) Construction Site Monitoring Program;
20) Rain Event Action Plan (REAP), if applicable; and
21) Active Treatment System (ATS) plan, if applicable.
The Contractor shall amend the SWPPP, graphically and in narrative form, whenever
there is a change in construction activities or operations which may affect the
discharge of significant quantities of pollutants to surface waters, ground waters,
municipal storm drain systems, or when deemed necessary by the Engineer. The
SWPPP shall also be amended if it is in violation of any condition of the Permits, or
has not effectively achieved the objective of reducing pollutants in storm water
discharges. Amendments shall show additional control measures or revised
operations, reducing pollutants in storm water discharges. Amendment shall show
additional control measures or revised operations, including those in areas not shown
in the initially approved SWPPP, which are required on the Project to control water
pollution effectively. Amendments to the SWPPP shall be submitted to the LRP or
Approved Signatory in the same manner specified for the initially approved SWPPP.
Approved amendments shall be dated and logged in the SWPPP. The Contractor shall
implement these additional control measures or revised operations.
The Contractor shall keep a copy of the SWPPP and approved amendments at the
Project site. The SWPPP shall be made available upon request of a representative of
the Owner, State or Regional Water Quality Control Board, U.S. Environmental
Protection Agency or local storm water management agency. Requests by the public
shall be directed to the Engineer.
Pursuant to National Pollution Discharge Elimination System (NPDES) requirements
which fall under the jurisdiction of the State Water Resources Control Board, all
materials or wastes (e.g. A.C., concrete, fill material, waste water) which could be
washed or otherwise discharged into the storm water system shall be contained.
1293492.1 BID-9
Contractor is required to confine such substances and activities generating such
substances to an area specified by the Owner. Contractor shall take appropriate
measures, including construction temporary erosion control measures as necessary
to ensure confinement. This shall be addressed in the SWPPP.
The Contractor shall provide erosion control as appropriate during the course of the
Contract. Before the Notice of Completion, all erosion control materials shall be
removed and properly disposed of by the Contractor as directed by the Engineer.
Upon approval of the SWPPP, the Contractor shall be responsible throughout the
duration of the Project for installing, constructing, inspecting, documenting and
maintaining the control measures included in the SWPPP and any amendments
thereto and for removing and disposing of temporary control measures. Unless
otherwise directed by the LRP or Approved Signatory or specified in these Special
Provisions, the Contractor’s responsibility for SWPPP implementation shall continue
throughout any temporary suspension of work ordered in accordance with Section 8 -
1.05, “Temporary Suspension of Work,” of the Standard Specifications. Requirements
for installation, construction, inspection, maintenance, removal and disposal of control
measures are specified in the Handbook and these Special Provisions.
Implementation of soil stabilization practices and sediment control measures for soil
disturbed areas of the Project site shall be completed upon start of applicable
construction activities.
Disturbed soil areas of the Project site shall be considered to be nonactive whenever
soil disturbing activities are expected to be discontinued for a period of 14 or more
days. Areas that will become nonactive shall be fully protected with soil stabilizat ion
practices and sediment control measures within 14 days of the discontinuance of soil
disturbing activities.
Active disturbed soil areas of the Project site shall be fully protected at the end of each
day with soil stabilization practices and sediment control measures. The weather
forecast shall be monitored by the Contractor on a daily basis through the National
Weather Service Forecast at http://www.srh.noaa.gov/forecast. The National Weather
Service forecast shall be used, or an alternative weather forecast proposed by the
Contractor may be used if approved by the Engineer. If precipitation is predicted prior
to the end of the following work day, construction scheduling shall be modified, as
required, and the Contractor shall deploy functioning control measures prior to the
onset of the precipitation. If applicable to the Project, the Contractor shall prepare a
Rain Event Action Plan (REAP) 48 hours prior to any likely precipitation event, which
is defined as greater than or equal to 50-percent probability, and implement the REAP
no later than 24 hours prior to the likely precipitation event.
The Engineer may order the suspension of construction operations which create water
pollution if the Contractor fails to conform to the requirements of this section “NPDES
Requirements” as determined by the Engineer The LRP or Approved Signatory may
order the suspension of construction operations which create water pollution if the
Contractor fails to conform to the requirements of this section “NPDES Requirements”
as determined by the LRP or Approved Signatory.
1293492.1 BID-10
As required in the Permits, to ensure the proper implementation and functioning of
control measures, the Contractor shall regularly inspect and maintain the construction
site for the control measures identified in the SWPPP. The Contractor shall identify
corrective actions and time frames to address any damaged measures or reiterate
any measures that have been discontinued.
The construction site inspection checklist provided in the referenced handbooks shall
be used to ensure that the necessary measures are being properly implemented, and
to ensure that the control measures are functioning adequately. The Contractor shall
provide the completed inspection form to the Engineer each week and include a copy
in the Contractor’s on-site SWPPP.
Inspections of the construction site shall be conducted by the Contractor to identify
deficient measures as prescribed in the applicable Monitoring and Reporting
requirements in the latest General Construction Activity Permit:
The Contractor shall conduct Non-Storm Water Discharge Monitoring and Storm
Event Sampling and Analysis as applicable to the Project, in accordance with the
latest General Construction Activity Permit. The Contractor shall promptly submit all
certified sampling results to the Engineer for submittal to the Regional Water Board
as required by the Permit and retain a copy in the Contractor’s on-site SWPPP.
The Contractor shall submit the Annual/Final Report for the Work in accordance with
the General Construction Activity Permit. The Annual/Final Report shall be submitted
for review and certification to the Engineer no later than August 1st of each year.
If the Contractor, LRP or Approved Signatory identifies a deficiency in the deployment
or functioning of an identified control measure, the deficiency shall be corrected by the
Contractor immediately, or by a later date and time if requested by the Contractor and
approved by the LRP or Approved Signatory in writing, but not later than 72 hours
after identification of the deficiency. The correction of deficiencies shall be at no
additional cost to the City.
If the Contractor or Engineer identifies a deficiency in the deployment or functioning
of an identified control measure, the deficiency shall be corrected by the Contractor
immediately, or by a later date and time if requested by the Contractor and approve d
by the Engineer in writing, but not later than 72 hours after identification of the
deficiency. The correction of deficiencies shall be at no additional cost to the City.
Water pollution control work shall conform to the requirements in the latest edition of
the California Stormwater BMP Handbook and addenda thereto issued up to and
including, the date of advertisement of the Project. The material in the BMP Handbook
is also available online at cabmphandbooks.com on the Internet.
The Contractor shall become fully knowledgeable and fully comply with the applicable
provisions of the BMP Manual, Permits and Federal, State and local regulations that
govern the Contractor’s operations and storm water discharges from the Project site .
1293492.1 BID-11
And comply with the National Pollution Discharge Elimination System (NPDES)
General permit for Stormwater Discharges Associated with Construction and Land
Disturbance Activities General Permit) Order No. WQ 2022-0057-DWQ, NPDES No.
CAS000002, adopted on September 8, 2022, with an effective date of September 1,
2023. This material is available on the website located at:
https://www.waterboards.ca.gov/losangeles/.
Year-Round Implementation Requirements
The Contractor shall effectuate a year-round program for implementing, inspecting,
and maintaining water pollution control practices for wind erosion control, tracking
control, erosion and sediment control, non-storm water control, and waste
management and materials pollution control. At least on an annual basis, the
Contractor, subcontractors, and their employees shall review and demonstrate their
understanding of applicable stormwater pollution prevention educational material
including but not limited to materials provided by the Los Angeles County Stormwater
Program
The Contractor shall also ensure that this activity is properly recorded and made
available for review by the City or other inquiring public agents. Soil stabilization,
erosion and sediment control practices shall be implemented at all times during the
construction of this Project.
Additional BMPs may be required as a result of a change in actual field conditions,
contractor activities, or construction operation. When more than one BMP is listed
under each specific BMP category, the Contractor shall select the appropriate and
necessary number of BMPs within each category in order to achieve the BMP
objective.
BMPs for Contractor activities shall be continuously implemented throughout the year
and project time period. BMPs for erosion control and sedimentation shall be
implemented during the period from October 15 to April 15, and whenever the National
Weather Service Predicts rain within 24 hours. BMPs for erosion control and
sedimentation shall also be implemented prior to the commencement of any
Contractor activity or construction operation, which may produce runoff, and whenever
runoff from other sources may occur.
Maintenance
The Contractor shall be responsible throughout the duration of the Contract for
installing, constructing, inspecting, maintaining, removing and disposing of the water
pollution control BMPs. Unless otherwise directed by the Engineer, the Contractor
shall be responsible for BMP implementation and maintenance throughout any
temporary suspension of the Work. The Project site shall be inspected and findings
recorded on a weekly BMP checklist by the Contractor as follows:
1) Prior to a forecast storm;
2) After a precipitation event which causes site runoff;
3) At 24 hour intervals during extended precipitation events;
1293492.1 BID-12
4) Routinely, a minimum of once each week.
Report of Discharge, Notices, or Orders
If the Contractor identifies any discharge into receiving waters in a manner causing,
or potentially causing, a condition of pollution, or if the Project receives a written notice
or order from any regulatory agency, the Contractor shall so inform the Engineer within
24 hours. The Contractor shall submit a written report to the Engineer within 5 working
days of the discharge event, notice or order. The report shall include the following
information:
1) The date, time, location, nature of the operation and type of discharge,
including the cause or nature of the notice or order.
2) The water pollution control practices deployed before the discharge event, or
prior to receiving the notice or order.
3) The date of deployment and type of water pollution control practices deployed
after the discharge event, or after receiving the notice or order, including
additional measures installed or planned to reduce or prevent recurrence.
4) An implementation and maintenance schedule for any affected water pollution
control practices.
Enforcement and Penalties
The Agency (City), as a permittee, is subject to enforcement actions by the State
Water Resources Control Board, Environmental Protection Agency, and private
citizens.
The Contractor shall be responsible for the costs and for the liabilities imposed by law
as a result of the Contractor’s failure to comply with these Special Provisions. Costs
and liabilities include, but are not limited to, fines, penalties and damages whether
assessed against the City or the Contractor, including those levied under the Federal
Clean Water Act and the State Porter Cologne Water Quality Act.
In addition, the Agency will deduct from the final payment due the Contractor the total
amount of any fines levied on the Agency, plus legal and staff costs, as a result of the
Contractor’s lack of compliance with these provisions and/or less than complete
implementation of the specified BMPs.
The Contractor shall notify the Engineer immediately following receipt of a request
from any jurisdictional regulatory agency, to enter, inspect, sample, monitor or
otherwise access the Project site or the Contractor’s records pertaining to water
pollution control.
PAYMENT
Payment for this Bid Item shall include the cost to provide all labor, equipment, and
materials required to implement, maintain, and remove erosion control Best
1293492.1 BID-13
Management Practices during construction. No additional compensation shall be
allowed.
BID ITEM NO. 6 – IMPLEMENTATION OF TEMPORARY DRAINAGE PROVISIONS AND
DEWATERING
PAYMENT
Payment for this Bid Item shall include the cost to provide all labor, equipment, and
materials required to provide temporary drainage provisions while the permanent structural
Best Management Practices are under construction and dewater the limits of the project to
permit construction. No additional compensation shall be allowed.
BID ITEM NO. 7 - CONSTRUCT DETENTION BASIN COMPLETE-IN-PLACE (INCLUDES
FRENCH DRAIN, ABS DRAIN PIPE, STRUCTURES, RIP RAP BLANKET, AND
APPURTENANCES)
PAYMENT
Payment for this Bid Item shall include the cost to provide all labor, equipment, and
materials required for complete-in-place construction and incidental grading. No additional
compensation shall be allowed.
BID ITEM NO. 8 - CONSTRUCT PARKWAY DRAIN, W=4’ PER STANDARD PLAN NO.
151-3, SPPWC, 2021 EDITION.
PAYMENT
Payment for this Bid Item shall include the cost to provide all labor, equipment, and
materials required for complete-in-place construction. No additional compensation shall be
allowed.
BID ITEM NO. 9- CONSTRUCT CURB DRAIN PER STANDARD PLAN NO.150-4,
SPPWC, 2021 EDITION
PAYMENT
Payment for this Bid Item shall include the cost to provide all labor, equipment, and
materials required for complete-in-place construction. No additional compensation shall be
allowed.
BID ITEM NO. 10-CONSTRUCT 4” DEMO EXISTING SIDEWALK AND RECONSTRUCT
JOINT TO JOINT PER STANDARD PLAN NO. 113-2, SPPWC, 2021 EDITION
PAYMENT
Payment for this Bid Item shall include the cost to provide all labor, equipment, and
materials required for complete-in-place construction. No additional compensation shall be
allowed.
1293492.1 BID-14
BID ITEM NO. 11- CONSTRUCT CURB AND GUTTER – MOUNTABLE PER CASE B2-
6(150), STANDARD PLAN NO. 121-3, SPPWC, 2021 EDITION
PAYMENT
Payment for this Bid Item shall include the cost to provide all labor, equipment, and
materials required for complete-in-place construction. No additional compensation shall be
allowed.
BID ITEM NO. 12- CONSTRUCT 4” BROOM FINISH PCC PAVEMENT OVER 6” CLASS
II BASE
PAYMENT
Payment for this Bid Item shall include the cost to provide all labor, equipment, and
materials required for complete-in-place construction. No additional compensation shall be
allowed.
BID ITEM NO. 13- CONSTRUCT 4” GROOVED FINISH PCC PAVEMENT OVER 6”
CLASS II BASE
PAYMENT
Payment for this Bid Item shall include the cost to provide all labor, equipment, and
materials required for complete-in-place construction. No additional compensation shall be
allowed.
BID ITEM NO. 14- CONSTRUCT 3-1/2” O.D. CAST-IN-PLACE REMOVEABLE PIPE
BOLLARD, GALVANIZED FINISH
PAYMENT
Payment for this Bid Item shall include the cost to provide all labor, equipment, and
materials required for complete-in-place construction. No additional compensation shall be
allowed.
BID ITEM NO. 15- CONSTRUCT ¾” CRUSHED ROCK GRANULAR BACKING
PAYMENT
Payment for this Bid Item shall include the cost to provide all labor, equipment, and
materials required for complete-in-place construction. No additional compensation shall be
allowed.
1293492.1
SECTION VI
APPENDICES