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

ANNUAL TRAFFIC STRIPING IMPROVEMENTS

FISCAL YEAR 2026-2027

PROJECT NO. 3-R-26

CITY MANAGER JIM SADRO

LA HABRA CITY COUNCIL

MAYOR JOSE MEDRANO

MAYOR PRO TEM JAMES GOMEZ

COUNCIL MEMBER DELWIN LAMPKIN

COUNCIL MEMBER ROSE ESPINOZA

COUNCIL MEMBER DAREN NIGSARIAN

BID OPENING: Wednesday, September 30, 2026, 3:00 PM iii

TABLE OF CONTENTS

NOTICE INVITING BIDS A-1

INSTRUCTION TO BIDDERS 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-8

SECTION 4. CONTROL OF THE WORK C-8

SECTION 5. CONTROL OF MATERIAL C-11

SECTION 6. LEGAL RELATIONS AND RESPONSIBILITIES C-11

SECTION 7. PROSECUTION AND PROGRESS C-20

SECTION 8. PAYMENTS C-20

SECTION 9. WORK SCHEDULES C-21

SECTION 10. CITY REQUIREMENTS C-22

SECTION 11. CONSTRUCTION DETAILS C-24

PROPOSAL D-1

PROPOSAL D-2

BIDDER’S INFORMATION D-5

EXHIBIT A, BID SCHEDULE 1 D-6

ACKNOWLEDGEMENT OF ADDENDA RECEIVED D-8

REFERENCES D-9

VIOLATIONS OF FEDERAL, STATE, OR LOCAL LAWS D-11

DISQUALIFICATION OR DEBARMENT D-12

LIST OF SUBCONTRACTORS D-13

BID SECURITY FORM D-14

BID BOND D-15

NON-COLLUSION AFFIDAVIT D-16

WORKER’S COMPENSATION CERTIFICATE D-17

PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT D-20

PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE D-21

PUBLIC CONTRACT CODE SECTION 10232 STATEMENT D-22

SAMPLE AGREEMENT E-1

FAITHFUL PERFORMANCE BOND E-17

PAYMENT BOND E-18

CERTIFICATION OF COMPLIANCE E-26

SPECIAL PROVISIONS F-1

APPENDIX “A”, SPEED LUMP STRIPING DETAIL G-1

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- SECTION A -

NOTICE INVITING BIDS

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CALIFORNIA

NOTICE INVITING BIDS

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

City of La Habra PlanetBids (PB) online bid portal site for furnishing all plans, labor, services, materials, tools, equipment, supplies, transportation, utilities and all other items and facilities necessary therefor as provided in the Contract Documents for the ANNUAL TRAFFIC

STRIPING IMPROVEMENTS FISCAL YEAR 2026-2027 CITY PROJECT NO. 3-R-26 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 PlanetBids (PB) online bid portal site until 3:00 PM on Wednesday, September 30, 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 is citywide roadway restriping of existing pavement legend, arrows, limit lines, crosswalks, speed lumps and railroad crossings within the City of La Habra.

DESCRIPTION OF WORK: The work to be performed shall include citywide roadway restriping of existing pavement legend, arrows, limit lines, crosswalks, speed lumps and railroad crossings within the City of La Habra.

COMPLETION OF WORK: All work shall be completed within one hundred and twenty (120) working days from the start date specified in the Notice to Proceed.

CONTRACTOR’S LICENSE: The City has determined that a Class “A” General Contractor’s

License or Class “C-32” Contractor’s License is required for this project.

AWARD OF CONTRACT: The City 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.

LIQUIDATED DAMAGES: If the total amount of working days have expired and the work is not complete, liquidation damages are $500 per calendar day.

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 Wednesday, September 30, 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.

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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:

• 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, Caltrans Standard Plans, Caltrans Standard Plans, Caltrans Standard Specifications, California

Manual on Uniform Traffic Control devices, latest editions 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.

https://www.dir.ca.gov/oprl/dprewagedetermination.htm

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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 Thursday, September 17, 2026, 5:00 PM will not be considered.

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

• 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 PlanetBids 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 PlanetBids online bid portal is unauthorized and will be considered invalid.

BID SCHEDULE:

Bid Advertisement ...................................Thursday, September 10, 2026

Requests for Information/Questions…due by Thursday, September 17, 2026, by 5:00 PM

Response to Requested for Information ...Monday, September 21, 2026, by 5:00 PM

Bid Opening .............................................due by Wednesday, September 30, 2026, 3:00 PM https://vendors.planetbids.com/portal/56603/portal-home http://www.dir.ca.gov/public-works/contractor-registration.html http://www.dir.ca.gov/public-works/contractor-registration.html http://www.dir.ca.gov/public-works/contractor-registration.html

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- SECTION B -

INSTRUCTIONS TO BIDDERS

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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 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 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 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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ANNUAL TRAFFIC STRIPING

IMPROVEMENTS FISCAL YEAR 26-27

CITY PROJECT NO. 3-R-26

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.

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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 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.

The California Manual on Uniform Traffic Control Devices (CAMUTCD), Caltrans 2025 Standard

Plans and 2025 Caltrans Standard Specifications and supplements thereto, are hereinafter referred to as the Caltrans Standard Plans and Caltrans Standard Specifications.

In case of conflict between the Standard Specifications or Caltrans Standard Specifications and the

Special Provisions, the 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

C-4 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.

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 sixty (60) 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.

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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.

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

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 (Labor & Material)

Bond; Certification of Compliance; Special Provisions; Drawings; and the Standard Specifications for Public Works Construction, Caltrans Standard Plans, Caltrans Standard Specifications, latest editions 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;

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

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References; 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; Faithful Performance Bond; Payment Bond; Supplemental Information to Be

Completed by Principal; Tax Identification Number; Bid Guarantee; Statement of Non-

Collusion by Contractor; Certification of Compliance; Liability Insurance; and Workers

Compensation Insurance.

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

C-7 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 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/her. 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.

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 to him/her for the care of all work until its completion and final acceptance. Contractor 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. Contractor shall remove from the vicinity of the completed work all plant, building, rubbish, unused materials, concrete forms and equipment belonging to him/her or used under his direction during construction. In the event of his/her failure to do so, the same may be removed by the CITY at the Contractor’s expense.

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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 necessary materials, labor, tools, equipment, appurtenances, and the performance of providing traffic striping at various locations throughout the City limits as designated by the City Engineer, or his/her designated representative. The work will consist of citywide roadway restriping of existing pavement legend, arrows, limit lines, crosswalks and railroad crossings within the City of La Habra.

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 shall consist of but not be limited to citywide roadway restriping of existing pavement legend, arrows, limit lines, crosswalks, speed lumps and railroad crossings within the City of La Habra and required for the proposed improvements.

ARTICLE 3.02 FINAL CLEANING UP: Before acceptance of the work and final payment therefor, the Contractor shall clean the work and all ground occupied by him/her 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.

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/her by the Engineer, and shall notify the Engineer of errors therein which may be discovered by examining and checking the drawing. Contractor 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.

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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 Contractor shall provide a competent, full-time superintendent or foreman with the authority 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 4.06 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/her 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 on behalf of the CITY may make the ordered repairs or remove the condemned materials and deduct

C-10 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:

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/her 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, type and quantities of work requested for payment.

• Certification that the as-built records, if required due to potential changes, are current and documented in writing.

• Certified payroll reports (submitted to the CITY or its designated labor compliance officer) and proof of “eCPR” submittal to DIR in accordance with state Labor Code and DIR requirements.

• Updated work schedule.

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

• Copies of all applicable Best Management Practices reports, and certification that BMP’s are current and implemented.

• 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/her 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;

C-11 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 the Contractor was 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 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 (Reserved)

SECTION 6. LEGAL RELATIONS AND RESPONSIBILITIES

ARTICLE 6.01 LAWS TO BE OBSERVED AND DISPUTE RESOLUTION:

Subdivision 6.01.1 Laws and Regulations: The Contractor shall remain fully informed of all Federal and State laws, County and CITY ordinances and regulations which, in any manner, affect those engaged or employed on the work, the materials used in the work or the conduct of the work. If any discrepancy or inconsistency should be discovered in this contract or in the Plans or Specifications herein referred to, in relation to any such law, ordinance or regulation, the Contractor shall forthwith report the same in writing to the Engineer. The Contractor shall, at all times, observe and comply with and shall cause all his/her agents and employees to observe and comply with all such applicable laws, ordinances and regulations in effect or which may become effective before completion of this contract. Contractor shall protect and indemnify the CITY and its officers and agents against any claim or liability arising from or based on the violations of any such laws, ordinances or regulations whether by the Contractor, contractor’s employees or subcontractors or their employees.

Except as otherwise explicitly provided in these specifications, all permits and licenses necessary to the prosecution of the work shall be secured by the Contractor at his/her own expense and he/she shall pay all taxes properly assessed against his/her equipment or property used or required in connection with the work.

All state laws, all county and CITY ordinances and regulations now imposed by competent authority and relating to any materials required to be furnished under these specifications and work required to be done hereunder, shall be deemed to be and hereby are made controlling and part of these specifications.

Subdivision 6.01.2 General: The Contractor shall keep himself/herself fully informed of all

C-12 existing state and national laws and municipal ordinances and regulations which in any manner affect those engaged or employed in the work, or the materials used in the work or which in any way affect the conduct of the work and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.

Subdivision 6.01.3 Eight-Hour Law: Eight (8) hours labor constitutes a legal day's work. The

Contractor shall comply with Labor Code Sections 1810 through 1815 and all other applicable provisions of California law relating to hours of work on public works projects. Any worker employed in the execution of the contract by the Contractor or any subcontractor shall not be required or permitted to work in excess of the hours permitted by law except as otherwise authorized and compensated in accordance with the Labor Code. Work performed by employees of the

Contractor or subcontractors in excess of eight (8) hours per day or forty (40) hours per week shall be compensated at not less than one and one-half (1½) times the basic rate of pay as required by

Labor Code Section 1815. Penalties for violations of the applicable hour-of-work requirements shall be assessed in accordance with the Labor Code and other applicable laws in effect at the time of the violation.

Subdivision 6.01.4 Prevailing Rate of Per Diem Wages: Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the Director of Industrial Relations has ascertained the general prevailing rate of wages and employer payments for health and welfare, vacation, pension and similar purposes applicable to the work to be done.

The Contractor shall pay not less than the applicable prevailing rates of wages to all workers employed on the project. The Contractor shall comply with Labor Code Section 1775 and all related provisions governing the payment of prevailing wages. In accordance with applicable law, penalties may be assessed for each worker paid less than the applicable prevailing wage rate for any work performed under the contract by the Contractor or any subcontractor. In addition to any applicable penalties, the Contractor shall be responsible for payment of all wage restitution required by law, including the difference between the applicable prevailing wage rate and the amount actually paid to the worker. The Contractor shall be responsible for ensuring compliance with prevailing wage requirements by all subcontractors performing work on the project.

Subdivision 6.01.5 Certified Payroll: The Contractor and all subcontractors shall submit certified payroll records to the CITY or its designated labor compliance officer and shall submit “eCPR” to

DIR, all in accordance with state Labor Code and applicable DIR regulations.

Subdivision 6.01.6 Governing Law, Venue, Dispute Resolution and Attorneys' Fees: This

Agreement will be governed by and construed in accordance with laws of the State of California.

Specifically, Government Code Section 9204 (A summary of which is set forth in Subdivision

6.01.7). If any disputed portion of the claim is not resolved with the procedure set forth in

Subdivision 6.01.7 herein, prior to commencing suit in a court of competent jurisdiction, any unresolved portion of any controversy, dispute or claim arising out of the Agreement will first be submitted to an alternative dispute resolution process as set forth in Subdivision 6.01.8 herein.

Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a

C-13 right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of Orange, State of California. In the event either party hereto will bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition of this Agreement, it is mutually agreed that the prevailing party in such action will recover all costs thereof, including reasonable attorneys' fees, to be set by the court in such action.

Subdivision 6.01.7 Summary of Government Code Section 9204: A “claim” is a separate demand on the CITY by a Contractor on a public works project and sent by registered mail or certified mail with return receipt requested, for one or more of the following:

• A time extension, including relief from penalties for delay;

• Payment by the CITY of money damages under the terms of the contract;

• Payment of an amount that is disputed by the CITY.

Initial Review. The claim must be supported by appropriate documentation. The CITY has forty-five (45) days within which to review the claim and provide the Contractor with a written statement identifying the disputed and undisputed portions of the claim. If the CITY does not issue a written statement, the claim is deemed rejected in its entirety. The CITY will pay any undisputed portion of the claim within sixty (60) days of issuing the statement.

Meet & Confer. If the Contractor disputes the CITY’s written response, or if the CITY does not issue one, the Contractor may request in writing an informal conference to meet and confer for possible settlement of the claim. The CITY will schedule the meet and confer conference within thirty (30) days of this request and provide a written statement identifying the remaining disputed and undisputed portions of the claim within ten (10) business days of the meet and confer. The CITY will pay the undisputed portion within sixty (60) days of issuing this statement.

Mediation. With respect to any disputed portion remaining after the meet and confer, the

CITY and Contractor must submit the matter to nonbinding mediation, agree to a mediator within ten (10) business days after issuing the written statement, and share mediation costs equally. If mediation is unsuccessful, then the terms of the public works agreement and applicable law will govern resolution of the dispute.

Miscellaneous Provisions. Amounts not paid by the CITY in a…