Alley Improvement Project Area No. 7.pdf

CITY OF LA HABRA

PUBLIC WORKS DEPARTMENT

ENGINEERING DIVISION

110 E. LA HABRA BOULEVARD

LA HABRA, CA 90631

(562) 383-4151

CONTRACT DOCUMENTS

SPECIFICATIONS FOR

ALLEY IMPROVEMENT PROJECT, AREA NO. 7

PROJECT NO. 2-R-25

CITY MANAGER JIM SADRO

LA HABRA CITY COUNCIL

MAYOR JOSE MEDRANO

MAYOR PRO TEM JAMES GOMEZ

COUNCIL MEMBER ROSE ESPINOZA

COUNCIL MEMBER DELWIN LAMPKIN

COUNCIL MEMBER DAREN NIGSARIAN

BID OPENING: Thursday, September 17, 2026 at 3:00 PM ii

TABLE OF CONTENTS

SECTION A

NOTICE INVITING BIDS

A-1

SECTION B

INSTRUCTION TO BIDDERS

SECTION C

B-1

CITY’S GENERAL PROVISIONS C-1

SECTION 1. DEFINITION OF TERMS C-2

SECTION 2. REQUIREMENTS AND CONDITIONS C-3

SECTION 3. SCOPE OF WORK C-7

SECTION 4. CONTROL OF THE WORK C-8

SECTION 5. CONTROL OF MATERIAL C-12

SECTION 6. LEGAL RELATIONS AND RESPONSIBILITIES C-14

SECTION 7. PROSECUTION AND PROGRESS C-23

SECTION 8. PAYMENTS C-23

SECTION 9. WORK SCHEDULES C-24

SECTION 10. CITY REQUIREMENTS C-25

SECTION 11. CONSTRUCTION DETAILS C-27

SECTION 12. BID ITEMS FOR ALLEY IMPROVEMENT PROJECT,

AREA NO. 7

C-36

SECTION D

PROPOSAL

D-1

PROPOSAL D-2

BIDDER’S INFORMATION D-5

EXHIBIT A, BID SCHEDULE D-6

ACKNOWLEDGEMENT OF ADDENDA RECEIVED D-9

REFERENCES D-10

VIOLATIONS OF FEDERAL, STATE, OR LOCAL LAWS D-12

DISQUALIFICATION OR DEBARMENT D-13

LIST OF SUBCONTRACTORS D-14

BID SECURITY FORM D-15

BID BOND D-16

NON-COLLUSION AFFIDAVIT D-17

WORKER’S COMPENSATION CERTIFICATE D-18

PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT D-19

PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE D-20

PUBLIC CONTRACT CODE SECTION 10232 STATEMENT D-21

SECTION E

SAMPLE AGREEMENT

E-1

1.0 DEFINITIONS E-2

2.0 SERVICES OF CONTRACTOR E-3

iii

3.0 COMPENSATION E-5

4.0 PERFORMANCE SCHEDULE E-5

5.0 COORDINATION OF WORK E-6

6.0 INSURANCE, INDEMNIFICATION AND BONDS E-8

7.0 RECORDS AND REPORTS E-11

8.0 GENERAL PROVISIONS E-13

LABOR AND MATERIAL PAYMENT BOND E-21

FAITHFUL PERFORMANCE BOND E-23

SUPPLEMENTAL INFORMATION TO BE COMPLETED BY

PRINCIPAL

E-25

TAX IDENTIFICATION NUMBER E-26

BID GUARANTEE E-27

STATEMENT OF NON-COLLUSION BY CONTRACTOR E-28

CERTIFICATE OF COMPLIANCE E-29

EXHIBIT A – SCOPE OF SERVICES E-30

EXHIBIT B – INSURANCE REQUIREMENTS E-31

EXHIBIT C – CERTIFICATES OF INSURANCE AND ENDORSEMENTS E-35

EXHIBIT D – CLAIMS PROCEDURE E-36

APPENDIX “A”, PROJECT PLANS

APPENDIX “B”, STANDARD PLANS

APPENDIX “C”, RECYCING OF CONSTRUCTION MATERIALS

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SECTION A

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NOTICE IS HEREBY GIVEN that sealed bids will be received via electronic submission on the

City of La Habra Planet Bids (PB) online bid portal site for furnishing all labor, services, materials, tools, equipment, supplies, transportation, utilities and all other items and facilities necessary therefore as provided in the Contract Documents for the: ALLEY IMPROVEMENT PROJECT, AREA NO. 7, CITY PROJECT NO. 2-R-25 in strict compliance with the specifications, plans and contract documents on file at the Public Works Department, Engineering Division of the City of La Habra.

DATE OF OPENING BIDS: Bids will be received via electronic submission on the City of La

Habra Planet Bids (PB) online bid portal site until 3:00 P.M. on Thursday, September 17, 2026.

Mailed, faxed, or hand delivered bids will NOT be accepted. Bids will be opened electronically at the close of the Bidding.

LOCATION OF WORK: The work to be constructed hereunder is shown attached as APPENDIX

“A”.

DESCRIPTION OF WORK: The work comprises the furnishing of all materials, equipment, tools, labor and incidentals as required by the Plans, Specifications and Contract Documents for the above stated project. The general items of work to be performed hereunder consist of but not be limited to Mobilization; Storm Water Best Management Practices (BMPs); Excavation and

Disposal; Construct and Compact Crushed Miscellaneous Base Material (CMB); Construct

PCC Pavement; Construct PCC Curb; Construct PCC Curb with Weep Holes; Construct

PCC Curb Ramp with Detectable Warning Surface; Construct AC Pavement; Construct

Header Board; Remove Existing and Construct PCC Alley Approach; Remove Existing and

Construct Sidewalk; Remove Existing and Install Watertight Manhole Frame and Cover;

Remove Tree Stump; Root Prune Street Tree; Remove and Replace Unsuitable Material;

Remove Existing and Construct PCC Driveway; and all associated work as identified on the project Plans and Specification.

CONTRACTOR’S LICENSE: The City of La Habra has determined that a Class “A” or Class

“C8” Contractor’s License is required for this project.

COMPLETION OF WORK: All work shall be completed within forty (40) working days from the start date specified in the Notice to Proceed, with an anticipated start date of October 17, 2026.

Working days are defined as Monday through Friday, excluding official public holidays and days where work is suspended due to documented inclement weather. Work must officially commence at the "I" Alley (Alley Nos. 7, 19, 21, 81, and 82), followed sequentially by Alley No. 5.

Subsequent work progress across these project locations shall follow a milestone schedule submitted by the contractor and approved by the City prior to the start date.

LIQUIDATED DAMAGE: If the total amount of working days have expired and the work is not complete, liquidated damages are One Thousand Dollars ($1,000) per calendar day.

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AWARD OF CONTRACT: The City of La Habra reserves the right, after opening the bids, to reject any or all bids, waive any informality or irregularity in such bids, or to award to the lowest responsible bidder and reject all other bids.

PROPOSAL GUARANTEE AND BONDS: Bidders must submit to the City Clerk a cashier’s check made payable to the City of La Habra or an Original Bidder’s Bond issued by a Surety insurer on the form furnished by the City of La Habra, in an amount not less than ten percent (10%) of the total Bid submitted by no later than 3:00 PM on September 17, 2026. Personal or company checks are not acceptable. Bidder must indicate on the outside of the envelope the solicitation name and project number. Failure to provide cashier’s check or Bidder’s Bond will deem the bid as Non-Responsive.

City of La Habra

Attn: City Clerk

110 E. La Habra Boulevard

La Habra, CA 90631

Phone: (562) 383-4010

Additionally a scanned copy of the cashier’s check or Bid Bond shall be submitted along with the electronic bid through the City of La Habra PlanetBids online bid portal. Upon Contract award, the Contractor shall provide faithful performance and payment Bonds, each in a sum equal to the

Contract Price. All Bonds must be issued by a California admitted Surety insurer using the forms set forth in the Contract Documents, or in any other form approved by the City Attorney. Failure to enter into the Contract with the City, including the submission of all required Bonds and insurance coverages, within fifteen (15) Days after the date of the mailing of written notice of contract award to the Bidder, shall subject the Bid security to forfeiture to the extent provided by law.

PREVAILING RATES OF WAGES: This project is a public works project subject to California

Labor Code Sections 1720 through 1861. The Contractor and all subcontractors shall comply with all applicable provisions of the California Labor Code relating to public works, including prevailing wage requirements. The Director of Industrial Relations has determined the general prevailing rate of per diem wages and employer payments applicable to the work. Current prevailing wage determinations are available at:

https://www.dir.ca.gov/oprl/dprewagedetermination.htm. The Contractor shall pay not less than the applicable prevailing wage rates for all covered work.

DEBARMENT: No Contractor or Subcontractor may be awarded as a contractor on a bid proposal if they have been Debarred by the State pursuant to Labor Code Sections 1777.1 and 1777.7 and

Public Contracts Code Section 6109.

APPRENTICE REQUIREMENTS: The Contractor and all subcontractors shall comply with

Labor Code Section 1777.5 and all applicable regulations of the Division of Apprenticeship

Standards (DAS). Compliance shall include, but not be limited to:

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• Submission of DAS-140 and DAS-142 forms, as applicable;

• Employment of registered apprentices in required ratios;

• Payment of apprenticeship training fund contributions;

• Proper supervision of apprentices; and

• Maintenance and production of apprenticeship records upon request.

CONTRACT DOCUMENTS: The Contract Documents shall consist of the following: Notice

Inviting Bids; Instructions to Bidders; Proposal; Bidder’s Information; Bid Schedule;

Acknowledgement of Addenda Received; References; Violations of Federal, State, or Local Laws;

Disqualification or Debarment; List of Subcontractors; Bid Security Form; Bid Bond; Non-

Collusion Affidavit; Worker’s Compensation Certificate; Public Contract Code Section 10285.1

Statement; Public Contract Code Section 10162 Questionnaire; Public Contract Code Section

10232 Statement; Agreement; Faithful Performance Bond; Payment Bond; Certification of

Compliance; Special Provisions; Drawings; and the Standard Specifications for Public Works

Construction, latest edition and supplements thereto, made a part by reference, together with all additions, deletions, modifications or interpretations of any of said documents, all of which are hereby made a part of this Notice Inviting Bids.

OBTAINING BID DOCUMENTS: Respondents to this notice inviting bids must be registered as a Vendor with the City of La Habra on the City of La Habra PlanetBids online bid portal to access all solicitation documents related to this project. The Vendor Portal provides entry to the NEW

VENDOR REGISTRATION and BID OPPORTUNITIES modules. Registration is free and immediate. Instructions to register are provided on the following website at:

https://vendors.planetbids.com/portal/56603/portal-home.

A copy of the solicitation can be downloaded from the City of La Habra PlanetBids online bid portal site at https://vendors.planetbids.com/portal/56603/bo/bo-search

DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REQUIREMENT: No

Contractor or Subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code 1725.5 and

Senate Bill 854. Payroll documents for the contractor and subcontractors should be submitted and registered on time with the DIR.

Under California Labor Code Section 1771.1, in order to be awarded and to perform work on public works projects, prime contractors and subcontractors must possess and maintain registration with the Department of Industrial Relations (DIR) at https://www.dir.ca.gov/public-works/contractor-registration.html. This is a separate requirement from the Contractors State

License Board (CSLB) licensing requirement. See the Special Provisions for additional details.

SUBMISSION OF QUESTIONS:

• Questions received after Wednesday, September 9, 2026 3:00 pm will not be considered.

• Questions or clarifications deemed by the City to be material change will be answered via issuance of an addendum and posted to the City’s online bidding service, PlanetBids.com.

https://vendors.planetbids.com/portal/56603/portal-home https://vendors.planetbids.com/portal/56603/bo/bo-search

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• Only questions answered by formal written addenda shall be binding. Oral and other interpretations or clarifications shall be without legal effect. It is the Bidder’s responsibility to be informed of any issued addenda and to include all such information in its Bid.

• All questions or requests for interpretation regarding this solicitation must be submitted through the Q&A section of the City of La Habra Planet Bids online bid portal. Bidders are not to contact City personnel with questions or clarifications concerning this solicitation. Any city response relevant to this solicitation provided through any means other than the City of La Habra Planet Bids online bid portal is unauthorized and will be considered as invalid.

BID SCHEDULE:

Bid Advertisement ...............................................Thursday, September 3, 2026

Requests for Information .....................................due by Wednesday, September 9, 3:00 pm

Response to Requested for Information ...............Monday, September 14, by 3:00 pm

Bid Opening .........................................................due by Thursday, September 17, 2026, 3:00 pm

Anticipated Start of Construction ........................October 19, 2026

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SECTION B

INSTRUCTIONS TO BIDDER

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INSTRUCTIONS TO BIDDERS

The following instructions and conditions apply to the attached bid and the bidder acknowledges the acceptance thereof by signing and filing said bid.

Each bidder shall state whether he is an individual, firm or corporation; if firm, give name of each member; if a corporation, give name of president, secretary, treasurer and manager.

Proposals shall be submitted to the City of La Habra on forms prepared and furnished in the bid documents, or as provided by the Engineering Office of the City of La Habra. When presented, they must be completely made out in the manner and form indicated therein, showing the proposed prices clearly and legibly and must be properly signed by the bidder. Proposals presented otherwise may be rejected.

Each proposal so submitted, together with the required proposal guarantee hereinafter prescribed, shall be presented under sealed cover and must be filed prior to the time and place designated in the Notice Inviting Bids. A proposal so presented, however, may be withdrawn by the bidder provided the request therefor is made in writing, is signed by the bidder or his authorized representative and is filed prior to the time fixed for the opening of bids. The withdrawal of a bid proposal does not prejudice the right of the bidder to file a new bid.

All proposals must be submitted through the City of La Habra PlanetBids online bid portal to be eligible for this solicitation. Mailed, faxed, or hand delivered bids will NOT be accepted.

Bids are required for the entire work. The amount of the bid for comparison purposes will be the total of all items.

The bidder shall set forth for each item of work, in words and in clearly legible figures, a unit price and an amount for the item in the respective space provided for this purpose. In the case of unit price items, the amount set forth under the “AMOUNT” column shall be the extension of the unit price bid on the basis of the estimated quantity for the item. In case of discrepancy between the words and figures, the words shall prevail.

In case of discrepancy between the “Unit Price” and the “Amount” set forth for the item, the Unit

Price shall prevail. However, if the amount set forth as a Unit Price is ambiguous, unintelligible or uncertain for any cause or is omitted or in the case where the Unit Price is the same amount as the entry in the “AMOUNT” column for the item, the “AMOUNT” price shall prevail in accordance with the following:

(1) As to lump sum items, the amount set forth in the “AMOUNT” column shall be the unit price.

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(2) As to unit price items, the amount set forth in the “AMOUNT” column shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price.

In case of discrepancy between the sum of the individual “AMOUNT” prices, and the Total Bid

Price, the sum of the individual “AMOUNT” prices will prevail.

Bidders must satisfy themselves by personal examination of the locations of the proposed work and by personal examination of the proposed contract documents as to the actual conditions and the requirements of this work and shall not at any time after submission of the bid dispute, complain or assert that there was any misunderstanding in regard to the nature or the amount of work to be done unless a written change in these specifications or contract or written clarification thereof has been issued by the City of La Habra.

The City Council will award the contract to the lowest responsible bidder, however, said Council reserves the right to reject any or all bids, to waive any informality in the bids received and, if necessary, to take said bids under advisement for a period not to exceed sixty (60) days including lead-time.

All proposal requirements and conditions as set forth in the Standard Specifications shall apply hereto.

APPROXIMATE ESTIMATE: The quantities shown in the proposal form and in the estimate included in the bid documents shall be considered as approximate only, being listed therein for the purpose of serving as a general indication of the amount of work or materials to be performed or furnished as a basis for the comparison of bids. The Council does not guarantee nor agree, either expressly or by implication, that the actual amounts required will correspond therewith, but reserves the right to increase or decrease the amount of any item, portion of work to be performed or material to be furnished, or to omit any such item or portion, in accordance with the provisions relative thereto set forth in the bid documents or Standard Specifications under which the work is to be constructed, without in any way invalidating the contract should such increase, decrease or omission be deemed necessary or expedient. The City of La Habra reserves the right to increase or decrease the amount of any item as necessary due to budgetary requirements.

ADDENDA. The City Engineer may, from time to time, issue Addenda to the Contract

Documents. Bidders are responsible for ensuring that they have received any and all Addenda.

Each Bidder is responsible for verifying that it has received all Addenda issued, if any. Bidders must acknowledge receipt of all Addenda, if any, in their bids. Failure to acknowledge receipt of all Addenda may cause a Bid to be deemed incomplete and non-responsive.

TRADE NAMES OR EQUALS. Requests to substitute an equivalent item for a brand or trade name item must be made by written request submitted no later than the date specified in Section

5-04 of the General Provisions. Requests received after this time shall not be considered.

Requests shall clearly describe the product for which approval is requested, including all data necessary to demonstrate acceptability.

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SECTION C

CITY’S GENERAL PROVISIONS

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ALLEY IMPROVEMENT PROJECT, AREA NO. 7

PROJECT NO. 2-B-25

CITY’S GENERAL PROVISIONS

SECTION 1. DEFINITION OF TERMS

CITY: The City of La Habra

CITY COUNCIL: The City Council of the City of La Habra.

ENGINEER: Any reference to the “Engineer” in the specifications shall be construed to mean the

City Engineer of the City of La Habra or his authorized agents.

BIDDER: Any individual, firm or corporation submitting a bid to furnish the materials and equipment and perform the work herein specified, properly made out on the form furnished by the

City Engineer, duly executed by the bidder and enclosed within a sealed bid via electronic submission on the City of La Habra PlanetBids (PB) online bid portal site.

BID FORMS: The blank forms prepared by the City of La Habra on which the bidder must submit the bid.

CONTRACTOR: The bidder whose bid is accepted and to whom the contract is awarded.

CONTRACT: The Specifications, Special Provisions, the notice inviting bids, the bid and addenda of the Contract, and the agreement entered into pursuant thereto shall constitute the Contract between the City of La Habra and the Contractor.

LABORATORY: The designated laboratory authorized by the Engineer to test materials and work involved in the contract.

THE WORK: All the work required to be performed under the contract.

GENERAL CONSTRUCTION TERMS: Unless otherwise specifically defined herein or unless the content requires a different meaning, all words, terms and phrases having a well-known or technical meaning shall be so construed.

USE OF PRONOUNS: Words used herein in the masculine gender include the feminine and neuter and vice versa; the singular number includes the plural and the plural the singular. The word “person” includes a corporation, association or partnership.

SECTION: The part into which these Special Provisions are divided. Each section is designated by a whole number preceding its title.

ARTICLES: The parts into which sections are divided. Each article is designated by a number preceding its title, the first two figures to the right of the decimal point being the number of the

C - 3 article and the figures or figure to the left of the decimal point being the number of the section of which such article is a part. Thus: Article 11.05 indicates Article 5 of Section 11.

SUBDIVISIONS: The parts into which articles are divided. Each subdivision is designated by a number preceding its title, the figure or figures to the right of the article number being the number of the subdivision. Thus: Subdivision 11.05.2 indicates Subdivision 2 of Article 5 of Section 11.

STANDARD SPECIFICATIONS: The document entitled “Standard Specifications for Public

Works Construction”, 2024 edition and supplements thereto, are hereinafter referred to as the

Standard Specifications.

Other terms appearing in the Standard Specifications shall have the intent and meaning specified in Section 1 “General” of the Standard Specifications.

In case of conflict between the Standard Specifications and these Special Provisions, these Special

Provisions shall take precedence over and be used in lieu of such conflicting portions of the

Standard Specifications.

SECTION 2. REQUIREMENTS AND CONDITIONS

ARTICLE 2.01: EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS,

AND WORKSITE: Bidders must satisfy themselves by personal examination of the proposed work site and by such other means as they may prefer as to the actual conditions and requirements of the work. Bidders shall not at any time after submission of the bid, dispute, complain or assert that there was any misunderstanding in regard to the nature or amount of work to be done.

The CITY, in accordance with Title VI of the Civil Rights Act of 1964 (78 Station 252) and the

Regulations of the Department of Commerce (15 C.F.C., Part 8), issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that the contract entered into pursuant to this advertisement will be awarded to the lowest responsible bidder without discrimination of the grounds of race, color or national origin.

ARTICLE 2.02 BID FORMS: All bids submitted shall be made on the blank forms provided with the bid documents. Bids submitted on forms other than those provided with the bid documents shall be rejected. All bids shall give the price bid both in writing and figures and shall be signed by the bidder with his address. Bids shall be submitted via electronic submissions on the City of

La Habra PlanetBids (PB) online bid portal site.

ARTICLE 2.03 IRREGULAR BIDS: Bids may be rejected if they show any alterations of form, additions not called for, conditional bids, incomplete bids, erasures or irregularities of any kind.

ARTICLE 2.04 DISQUALIFICATION OF BIDDERS: The CITY COUNCIL may reject any and all bids should it deem this for the public good and the bid of any party who has been delinquent or unfaithful in any former contract with the CITY, and may reject all bids other than the lowest bid of any responsible bidder and may award the contract for said work or improvement to the lowest responsible bidder at the prices named in his bid.

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ARTICLE 2.05 MATERIAL GUARANTEE: Before any bid is accepted, the bidder may be required to furnish a complete statement of the origin, composition and manufacture of any or all materials to be used in the construction of the work, together with samples which may be subjected to the tests provided for in these Specifications or in the Special Provisions to determine their quality and fitness for the work.

ARTICLE 2.06 BONDS: In lieu of Section 1-7.2 “Contract Bonds” of the Standard

Specifications, the Contractor, simultaneously with the execution of the Agreement, shall furnish a surety bond in an amount equal to one hundred (100) percent of the contract price as security for the faithful performance of the contract and a separate surety bond in an amount equal to one hundred (100) percent of the contract price as security for the payment of all persons performing labor and furnishing materials in connection with the contract. Said bonds shall be secured from a

Surety Company satisfactory to the CITY.

ARTICLE 2.07 BID GUARANTEE:

Subdivision 2.07.1: All bids shall be presented under sealed cover and shall be accompanied by cash, cashier’s check, certified check or bidder’s bond made payable to the City of La Habra for an amount equal to at least ten percent (10%) of the amount of said bid. No bid will be considered unless such cash, cashier’s check, certified check or bidder’s bond is enclosed therewith.

Subdivision 2.07.2: Return of Bid Guarantee: The bid guarantee of the bidder or bidders who are being considered for the award of Contract shall be held until the execution of said contract, and shall thereupon be returned to the bidder. Bid guarantee of other bidders will be returned to such bidders upon award of the Contract.

ARTICLE 2.08 AWARD OF CONTRACT: The award of contract, if it be awarded, will be within thirty (30) days of the opening of bids.

ARTICLE 2.09 EXECUTION OF CONTRACT: The contract, construction schedule, and bonds shall be executed and filed by the successful bidder with the City Clerk of the City of La Habra not later than ten (10) days after the award of contract.

All bidders may submit with their bids a sworn statement of their financial responsibility, technical ability and experience. Such sworn statement may be required to be furnished before award is made to any particular bidder.

The CITY COUNCIL may, upon the refusal or failure of successful lowest responsible bidder to accept the contract, award it to the second lowest responsible bidder. If the legislative body awards the contract to the second lowest bidder, the amount of the lowest bidder’s security shall be applied by the CITY to the difference between the low bid and the second lowest bid; and the surplus, if any, shall be returned to the lowest bidder if cash or a check is used, or to the surety company if bidder’s bond is used.

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ARTICLE 2.10 BEGINNING OF WORK: The Contractor shall begin work from the start date specified in the Notice To Proceed.

ARTICLE 2.11 PLANS AND SPECIFICATIONS: A copy of the solicitation can be downloaded from the City of La Habra PlanetBids online bid portal site at

ARTICLE 2.12 CONTRACT DOCUMENTS: The Contract Documents shall consist of the following: Notice Inviting Bids; Instructions to Bidders; Proposal; Bidder’s Information; Bid

Schedule; Acknowledgement of Addenda Received; References; Violations of Federal, State, or

Local Laws; Disqualification or Debarment; List of Subcontractors; Bid Security Form; Bid Bond;

Non-Collusion Affidavit; Worker’s Compensation Certificate; Public Contract Code Section

10285.1 Statement; Public Contract Code Section 10162 Questionnaire; Public Contract Code

Section 10232 Statement; Agreement; Faithful Performance Bond; Payment Bond; Certification of Compliance; Special Provisions; Drawings; and the Standard Specifications for Public Works

Construction, latest edition and supplements thereto, together with all additions, deletions, modifications, appendices and all addenda as prepared prior to the date of the bid opening setting forth any modifications or interpretations of any said documents are hereby incorporated in and made a part of the Contract Documents.

All Contract Documents are complementary, and what is called for in any one shall be as binding as if called for in all. The intention of the documents is to require a complete and finished piece of work. The Contractor, at his sole cost and expense, shall perform all labor and services and shall furnish all materials, tools, equipment and facilities necessary for the proper execution of the work, with the exception of such items as may be definitely stipulated in the Specifications or on the

Plans to be furnished by the CITY. Anything shown on the Plans and not in the Specifications, or in the Specifications and not in the Plans, shall be performed by the Contractor as though shown on both the Plans and Specifications.

Documents which shall be signed and returned to the CITY with Bid Proposal are:

Proposal; Bidder’s Information; Bid Schedule; Acknowledgement of Addenda Received;

References; DBE Bidder’s List; Violations of Federal, State or Local Laws;

Disqualification or Debarment; List of Subcontractors; Bid Security Form; Bid Bond;

Non-Collusion

Affidavit(s) (Principal and Subcontractor); Worker’s Compensation Certificate; Public

Contract Code Section 10285.1 Statement; Public Contract Code Section 10162

Questionnaire; and Public Contract Code Section 10232 Statement.

Documents which are to be signed and returned to the CITY by the winning bidder are:

Agreement; Labor and Material Payment Bond; Faithful Performance Bond; Supplemental

Information to be Completed By Principal; Tax Identification Number; Bid Guarantee;

Statement of Non-Collusion By Contractor; Certificate of Compliance; Liability Insurance;

and Workers Compensation Insurance.

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Subdivision 2.12.1 Precedence Of Contract Documents: If there is a conflict between Contract

Documents, the order of precedence shall be as follows:

1. Contract

2. Specifications

3. Plans

Within the Specifications, the order of precedence is as follows:

1. Change Orders

2. Addenda

3. Permits from other agencies/Supplemental Agreements

4. Special Provisions

5. Instructions to Bidders

6. Notice Inviting Bids

7. Referenced Standard Drawings

8. Referenced Standard Specifications

With reference to Plans, the order of precedence is as follows:

1. Change Order drawings govern over Addenda and Contract drawings.

2. Addenda drawings govern over contract drawings.

3. Contract drawings govern over shop drawings and Standard drawings.

4. Detail drawings govern over general drawings.

5. Figures govern over scaled dimensions.

ARTICLE 2.13 AUTHORITY OF THE ENGINEER: The Engineer shall have the authority to direct as may be necessary to ensure that the work is in strict compliance with the Contract

Documents; determine the quantity, quality and soundness of the work; determine if material and equipment being used is satisfactory; interpret the requirements of the contract; and, make decisions regarding the progress and execution of the work. However, neither the Engineer nor any representative of the Engineer shall have the authority to authorize extra work that is out of scope of the project or increase the cost beyond the contract amount without prior approval by the

CITY COUNCIL. Should any discrepancy appear or any misunderstanding arise as to the importance of anything contained in the Specifications or Plans, the matter shall be referred to the

Engineer, who shall decide the same in accordance with the true intent and meaning as construed by him. Any difference or conflicts which may arise between the Contractor and any other contractor also under the contract administration of the Engineer shall be arbitrated by the

Engineer.

ARTICLE 2.14 ACCESS TO WORK: The Engineer, his agents and duly authorized representatives of the CITY shall at all times and for any purpose, have access to the work and the premises used by the Contractor and the Contractor shall provide safe and proper facilities therefor.

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ARTICLE 2.15 LEGAL ADDRESS OF THE CONTRACTOR: The address given in the Proposal is hereby designated as the place to which all notices, letters and other communications to the

Contractor shall be mailed or delivered. The mailing or delivering to the above-named place of any notice, letter or other communication to the Contractor, shall be deemed sufficient service thereof upon the Contractor. The date of said service shall be the date of such mailing or delivery.

Such address may be changed at any time by a written notice signed by the Contractor and delivered to the Engineer.

ARTICLE 2.16 CONTRACTOR’S RESPONSIBILITIES: The Contractor shall be responsible for the safe, efficient and adequate use of equipment during the progress of the work so as to secure the safety of the workers and others. The Contractor is also responsible for the quality of work required and the stipulated rate of progress. It shall be the Contractor’s responsibility to perform the work strictly in accordance with the Specifications and Plans or in accordance with modifications as may be made by the Engineer in the form of addendum or written change orders.

The presence of the Public Works Inspector does not relieve the Contractor of his obligation to comply with the requirements of the Plans, Specifications and Contract Documents.

The Contractor shall assume the defense of and indemnify and save harmless the CITY and its officers and agents from all claims of any kind arising from his own negligence or that of his agents in the performance of the Contract.

The Contractor shall be responsible for the custody of any material furnished him for the care of all work until its completion and final acceptance. He shall, at his own expense, replace damaged or lost material and repair damaged parts of the work, regardless of cause, or the same may be done at the Contractor’s expense by the CITY.

During the progress of the work the Contractor shall keep the worksite in a neat and clean condition and free from any unsightly accumulation of rubbish. If stockpiling is necessary, the material shall be removed or disposed of weekly. He shall remove from the vicinity of the completed work all plant, building, rubbish, unused materials, concrete forms and equipment belonging to him or used under his direction during construction. In the event of his failure to do so, the same may be removed by the CITY at the Contractor’s expense.

All operations of the Contractor shall be conducted in such a manner as to avoid unnecessary dust.

To this end, the Contractor shall provide equipment, materials, water, and labor to keep all parts of the work adequately sprinkled and dust free as determined by the Engineer. Full compensation for dust control measures and conforming with the provisions of this Section shall be included in the prices paid for the various contract items of work listed in the Bid Schedule, and no additional compensation will be allowed therefor.

SECTION 3. SCOPE OF WORK

ARTICLE 3.01 WORK TO BE DONE: The Contractor shall for the price bid furnish all the necessary labor, materials, equipment, methods, processes, implements, tools, and machinery except as otherwise specified to perform the required work in a thorough and workmanlike manner in accordance with the plans and specifications, and to the satisfaction of the Engineer.

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The general items of work to be performed hereunder consist of but not be limited to:

Mobilization; Storm Water Best Management Practices (BMPs); Excavation and Disposal;

Construct and Compact Crushed Miscellaneous Base Material (CMB); Construct PCC Pavement;

Construct PCC Curb; Construct PCC Curb with Weep Holes; Construct PCC Curb Ramp with

Detectable Warning Surface; Construct AC Pavement; Construct Header Board; Remove Existing and Construct PCC Alley Approach; Remove Existing and Construct Sidewalk; Remove Existing and Install Watertight Manhole Frame and Cover; Remove Tree Stump; Root Prune Street Tree;

Remove and Replace Unsuitable Material; Remove Existing and Construct PCC Driveway; and all associated work as identified on the project Plans and Specification.

ARTICLE 3.02 FINAL CLEANING UP: Before acceptance of the work and final payment therefor, the Contractor shall, at the Contractor’s sole expense and with no additional cost to the city, clean the work and all ground occupied by him in connection with the work, of all rubbish, excess materials, equipment and forms. All parts of the work shall be left in a neat and presentable condition.

ARTICLE 3.03 REPAIRS AND REPLACEMENTS: All damage done to existing facilities and improvements by the Contractor shall be repaired by him to the satisfaction of the Engineer.

Where sidewalks, curbs or gutters are to be repaired, the repairs shall be made by removing and replacing the entire section back to the nearest scoring lines and not by refinishing the damaged portion.

SECTION 4. CONTROL OF THE WORK

ARTICLE 4.01 COORDINATION OF PLANS, SPECIFICATIONS AND SPECIAL

PROVISIONS: These specifications, drawings, special provisions and all supplementary documents are essential parts of the contract. A requirement occurring in one is as binding as though occurring in all. The drawings and specifications are intended to be cooperative and to describe and provide for the workmanlike completion of proposed improvements. Refer to

Subdivision 2.12.1 for precedence of Contract Documents.

ARTICLE 4.02 SPECIFICATIONS AND DRAWINGS: The Contractor shall keep at the work site a copy of the Specifications and Plans at all times and provide the Engineer access thereto.

The Contractor shall check all dimensions and quantities on the drawings or schedules herein contained or given to him by the Engineer, and shall notify the Engineer of errors therein which may be discovered by examining and checking the drawing. He shall not take advantage of any error or omission in these specifications, drawings or schedules, but should such error or omission be discovered, the Contractor shall notify the Engineer and the Contractor shall carry out the

Engineer’s instructions, as if originally specified.

ARTICLE 4.03 SUPERVISION BY THE CONTRACTOR: The Contractor shall give his personal superintendence to the work, using all his skills and attention in directing the performance of the work or he shall provide a competent, full-time superintendent or foreman with the authority

C - 9 to act on his behalf and whom shall be present to direct the work on the project at all times during its progress. All directions given to the Contractor’s superintendent or other authorized supervisory employee shall be as binding as if delivered to the Contractor personally.

ARTICLE 4.04 LABOR: Any overseer, superintendent, laborer or other person employed by the

Contractor who shall perform his work in a manner contrary to the specifications shall be discharged immediately and such person shall not again be employed on the project.

ARTICLE 4.05 LINES AND GRADES: The Contractor will set all lines and grades in accordance with the plans and all work done shall conform thereto. The Contractor shall dig all stake holes necessary to give lines and grades. The Contractor shall preserve all stakes set for lines, grades or measurements of the work in their proper places until authorized to remove them by the Engineer.

Any expense incurred in replacing stakes which the Contractor or his subordinates may have failed to preserve shall be borne by the Contractor. Unless otherwise noted, the grade between two grade points shall be a straight line between such two points.

ARTICLE 4.06 INSPECTION: The Contractor shall notify the Engineer at least 48 hours in advance of starting or resuming work so that the Engineer can arrange for an assistant engineer or inspector to be present. Failure to give such notice shall be cause for rejection of such work. The

Contractor shall furnish the engineers and inspectors reasonable facilities for obtaining such information as may be necessary to give them full information at all times respecting the progress and manner of doing the work and the character of the materials.

Subdivision 4.06.1 Special Inspection Fees: If the Contractor elects to work under this contract more than 8 hours per day and 40 hours per week; or Saturday, Sunday, overtime, or CITY

Holidays, the Contractor shall arrange with the Engineer for the required inspection service and pay the special inspections fees which will be charged at the following rates:

Monday through Friday $150.00 / hour

Saturday, Sunday, overtime and Holidays $200.00 / hour

ARTICLE 4.07 DEFECTIVE WORK OR MATERIALS: Inspection of the work shall not relieve the Contractor of his obligation to fulfill his duty as herein prescribed. Defective work shall be made good by the Contractor. Unsuitable work and materials may be rejected notwithstanding that such work and materials were previously inspected by the Engineer and accepted or estimated for payment. If the work, or any part thereof, is determined to be defective at any time before final acceptance of the work, the Contractor shall forthwith make good such defect without additional compensation in a manner satisfactory to the Engineer.

If materials furnished and brought upon the job site by the Contractor for use in the work, or selected for the same by him shall be condemned by the Engineer as unsuitable or not in conformity with the Specifications, the Contractor shall forthwith discard such materials and remove them to a satisfactory distance from the vicinity of the work.

If the Contractor fails or neglects to make ordered repairs to defective work, or to remove rejected materials from the work site within 10 days after notification by the Engineer, the Engineer acting

C - 10 on behalf of the CITY may make the ordered repairs or remove the condemned materials and deduct the cost thereof from monies due to the Contractor.

ARTICLE 4.08 EQUIPMENT AND PLANT: Equipment not suitable to produce the quality of work required will not be permitted to operate on the project.

Plants, tools and equipment shall be designed and constructed in accordance with general practice for such equipment and shall be of sufficient capacity and of such character to insure the production of sufficient material to take the work to completion within the scheduled time frame. The

Contractor shall provide adequate and suitable equipment and plants to meet the above requirements and when ordered by the Engineer shall remove unsuitable equipment from the worksite and discontinue receiving materials from unsatisfactory plants.

ARTICLE 4.09 ADDITIONS OR OMISSIONS OF WORK, LABOR OR MATERIALS:

Subdivision 4.09.1: Additions: The Contractor shall make additional excavations, furnish and place additional imported borrow, plant-mixed surfacing, concrete or do other additional work or furnish other additional materials where the necessity for or the extent of such work or materials does not appear and cannot with reasonable diligence, cost and certainty, be determined in advance or will only be disclosed by the doing of the work or in any contingency which reasonable care and consideration could not be foreseen. Such additional work or materials shall be specified in writing by the Engineer, and shall be paid for at the unit prices set for in the contract.

Subdivision 4.09.2: Omissions: The Contractor shall omit any portion of the work, labor or materials required to be done or furnished under the plans and the specifications when the necessity for the omission of said work, labor or materials does not appear and cannot with reasonable certainty, diligence and cost be ascertained in advance or will only be disclosed by the doing of the work or in any contingency which reasonable care and consideration could be foreseen; which said omission of work, labor or materials shall be specified and required in writing by the Engineer, and shall be deducted from the contract price at the unit prices therefore set forth in said contract. Where the contract price is a lump sum, then the cost of the amount deducted shall be proportion of said lump sum such as the quantity of work, labor or materials omitted bears to the quantity upon which said lump sum is based.

Subdivision 4.09.3: Mark-Ups For Extra Work: The Contractor shall use the specified mark ups for all approved extra work:

For General Contractor’s work, 15% mark-up for materials and equipment; and 20% mark-up for labor.

For Subcontracted work, 10% mark-up for the first $5,000; and 5% mark-up for costs in excess of $5,000.

No mark-up for bonds shall be allowed.

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Subdivision 4.09.4: Tool and Equipment Rental: The rates to be used in determining equipment rental costs shall be as listed in the Caltrans “Labor Surcharge and Equipment Rental

Rates” publication in effect at the time of bid.

ARTICLE 4.10 FINAL INSPECTION: The Engineer will not make the final inspection until the work provided and contemplated by the contract has been completed and the final clean-up performed.

ARTICLE 4.11 CONTRACTOR REPORTING REQUIREMENTS: The following items shall be required as a part of Contractor payment requests. Incomplete submittal or omission of any of the following requirements shall be cause for rejection and return of payment requests to the

Contractor for correction. All items shall be complete and current to the satisfaction of the

Engineer. The Contractor shall provide all information for his own firm as well as each and every subcontractor. Payment requests shall include at least the following items:

• Breakdown of each pay item showing locations and quantities of work requested for payment.

• Certification that the as-built records are current and documented in writing.

• Certified Payroll Reports.

• Updated work schedule.

• All change order requests complete to date, including all Force Account cost supporting documentation.

• Copies of all SWPPP and other Best Management Practices reports, and certification that

BMP’s are current and implemented.

• Copies of test results (if testing is required of Contractor).

• Survey records, maps, cut sheets, calculations, and other data.

• Subcontractor Change Requests and subcontractor data.

• Other forms or reports as may be required by contract.

ARTICLE 4.12 PENALTIES: Notwithstanding penalty provisions elsewhere in these specifications, the CITY may impose financial penalties in the case of the Contractor not fulfilling his contractual obligations. These obligations include, but are not limited to, performing work within the time limits of the contract; public notification; implementation of Best Management

Practices, SWPPP, and other management plans; maintaining records; notification of the Engineer;

traffic control; safety; controlling the work area; maintaining a competent supervisor on site at all times while performing work; surveying; testing; updating of schedules; and other such contractual obligations. The Contractor shall be responsible for all obligations and penalties applied to subcontractors as if he himself were performing the work.

The amount of penalty shall be equal to the daily liquidated damages, prorated for each 15 minute period, or portion of 15 minutes, of contract violation. Each violation shall be additive if multiple violations occur during the same time period.

ARTICLE 4.13 CLEANUP, TRAFFIC CONTROL, SAFETY: The Contractor shall maintain complete liability and responsibility for implementing project site cleanliness, traffic control, and

C - 12 safety at all times. If, in the opinion of the Engineer or his designated representative, there is a condition warranting corrective action by the Contractor, the Contractor will be advised and requested to correct the condition to the satisfaction of the Engineer. This requirement in no way absolves the Contractor of any obligation or duty to provide for the safety of persons and property at all times, nor does it impose any obligation or duty on the Engineer to provide any such services or advisement.

The Contractor’s supervisor will not leave the project site until he has personally inspected and verified that all cleanliness, traffic control, and safety conditions are in a suitable condition, and has informed the Engineer that he has performed such an inspection. Likewise, no work may commence at the beginning of the work day until all cleanliness, traffic control, and safety measures and procedures have been reviewed, discussed, and implemented by the supervisor with all of the Contractor’s and subcontractor’s forces.

In the event that the Contractor does not immediately respond to the Engineer’s request for corrective action, and the situation presents a hazard to persons and/or property, the Engineer may cause the work to be corrected by others. Likewise, in the event that the Contractor is not on site, cannot immediately respond, or is otherwise unavailable, the Engineer may cause the work to be corrected by others. If corrective work is performed by others, then the Contractor may be charged for all of the costs, including overhead and indirect costs, required to correct the work. Inspector’s costs shall be per Article 4.06 INSPECTION. Engineer’s costs shall be 1.5 times the noted

Inspector’s rate. In addition, the Engineer may impose additional penalties as provided for elsewhere in these specifications.

Full compensation for conforming to the requirements in this article shall be considered as included in the prices bid price per Lump Sum (LS), and shall include all labor, tools, materials and appurtenances necessary to complete the work and no additional compensation will be allowed therefor.

ARTICLE 4.14 REMOVAL OF PERSONNEL: The Engineer reserves the right to direct the

Contractor to remove any specified personnel from the project at any time without reason. If directed, the Contractor shall immediately remove such personnel from the project site, and replace such with another competent person. This requirement shall apply to subcontractor personnel as if they were the Contractor’s personnel. Violation shall be subject to penalties as noted elsewhere in these specifications.

SECTION 5. CONTROL OF MATERIAL

ARTICLE 5.01 DRAWINGS AND INFORMATION REQUIRED OF CONTRACTOR: The

Contractor shall before proceeding with the fabrication or erection of structures or appurtenances if called for under the contract and required in its erection thereof, furnish the Engineer with the information regarding same and shall submit to the Engineer for approval drawings, specifications, lists and graphs as required under these specifications. Said drawings, specifications, lists and graphs shall become the property of the CITY.