1363002.1 1
PUBLIC WORKS AGREEMENT
(Uniform Cost Accounting Contract-DBMC Chapter 3.25)
The following agreement ("Agreement") is made and entered into, in duplicate, as of the date executed by the City Manager and attested to by the City Clerk, by and between Siterep Construction Services, Inc. hereinafter referred to as the "Contractor" and the City of Diamond Bar, California, hereinafter referred to as "City." WHEREAS, City received Contractor’s bid on July 11, 2024; and WHEREAS, City accepted the bid of Contractor under its Uniform Public Construction Cost Accounting Ordinance, Diamond Bar Municipal Code Chapter 3.25 (“UPCCA Ordinance”); and
WHEREAS, the UPCCA Ordinance authorizes the City Manager to execute written contracts with the Contractor for furnishing labor, equipment and material for the Maple Hill Park Improvements Project [CIP No. FP23506] in the City.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed:
1. GENERAL SCOPE OF WORK: Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Maple Hill Park Improvements Project [CIP No. FP23506] in the City (the “Work”). The Work to be performed in accordance with the plans dated April 10, 2024 (the “Plans”) on file with the City and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City’s Project Manager, who is Jason Williams, Maintenance Supervisor.
2. INCORPORATED DOCUMENTS TO BE CONSIDERED
COMPLEMENTARY/PRIORITY OF DOCUMENTS: The Plans are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Plans, Contractor’s bid dated July 11, 2024 (“Contractor’s Bid”) together with this Agreement shall constitute the entire agreement between the parties. This Agreement is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the Contractor whether set out specifically in this Agreement or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this Agreement, the following order of precedence shall apply: (1) this Agreement; (2) the Plans; and (3) Contractor's Bid (collectively, the “Contract Documents”).
3. COMPENSATION: Contractor agrees to receive and accept the prices set forth in its Contractor’s Bid as full compensation for furnishing all materials, performing all Work, and fulfilling all obligations hereunder. Said compensation in the amount of
ONE MILLION, SIX HUNDRED EIGHTY NINE THOUSAND, SEVEN HUNDRED SIXTY-SIX DOLLARS AND THIRTY-THREE CENTS ($1,689,766.33) shall cover all expenses, losses, damages, and consequences arising out of the nature of the Work during its progress or prior to its acceptance, including those for well and faithfully completing the Work and the whole thereof in the manner and time specified in the Contract Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the Work, Docusign Envelope ID: 65C8C27B-01C9-42E5-AAF6-58B46DD20A6D 1363002.1 2
suspension or discontinuance of the Work, and all other unknowns or risks of any description connected with the Work. Final payment to Contractor shall be withheld for at least 30 days after the time in which Contractor has verified, to the City's satisfaction, that it has submitted all information to the Department of Industrial Relations required by Labor Code §1773.3.
4. TERM OF AGREEMENT/LIQUIDATED DAMAGES: Contractor agrees to complete the work within ONE HUNDRED FIFTY (150) WORKING DAYS from the date of the notice to proceed (the “Completion Date”).
Contractor agrees to the assessment of liquidated damages in the amount of FIVE HUNDRED DOLLARS ($500.00) for each calendar day the work remains incomplete beyond the expiration of the Completion Date. City may deduct the amount thereof from any monies due or that may become due the Contractor under this Agreement. Progress payments made after the scheduled Completion Date shall not constitute a waiver of liquidated damages.
5. INSURANCE: Contractor shall not commence work under this Agreement until it has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the Contractor allow any sub-contractor to commence work on his sub-contract until all insurance required of the sub-contractor has been obtained.
The Contractor shall take out and maintain at all times during the life of this contract the following policies of insurance:
a. Workers' Compensation Insurance: Before beginning work, the Contractor shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through sub-contractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract.
In accordance with the provisions of Section 3700 of the California Labor Code, every Contractor shall secure the payment of compensation to his employees. The Contractor, prior to commencing work, shall sign and file with the City a certification as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract."
b. For all operations of the Contractor or any sub-contractor in performing the work provided for herein, insurance with the following minimum limits and coverage:
1) General Liability - $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement or the general aggregate limit shall be twice the required occurrence limit.
Docusign Envelope ID: 65C8C27B-01C9-42E5-AAF6-58B46DD20A6D 1363002.1 3
2) Automobile - $2,000,000 per accident for bodily injury and property damage.
3) Employer's Liability - $1,000,000 per accident for bodily injury or disease.
c. Each such policy of insurance provided for in paragraph b. shall:
1) Be issued by an insurance company approved in writing by City, which is authorized to do business in the State of California.
2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties
specified in the bid documents to be so included;
3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy;
4) Contain a clause substantially in the following words:
"It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage."
5) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insured in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of Contractor or any subcontractor in performing the work provided for herein; 6) Otherwise be in form satisfactory to the City.
d. The Contractor shall, prior to performing any work under this Agreement, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein.
6. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21810 Copley Drive, Diamond Bar, California, and are available to any interested party on request. Contractor shall cause a copy of Docusign Envelope ID: 65C8C27B-01C9-42E5-AAF6-58B46DD20A6D 1363002.1 4
such determinations to be posted at the job site.
Contractor shall forfeit, as penalty to City, not more than two hundred dollars ($200.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any sub-contractor under him.
Contractor and any of its sub-contractors must be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5, which precludes the award of a contract for a public work on any public works project awarded after April 1, 2015 to a person not registered. This Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
7. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work.
Contractor is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeship trade on such contracts and if other Contractors on the public works site are making such contributions.
Contractor and any sub-contractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
8. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this Agreement, and the Contractor and any sub-contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended.
Contractor shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub-contractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code.
9. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8.
10. CONTRACTOR'S LIABILITY: The City and its officers, agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of Contractor, of its Docusign Envelope ID: 65C8C27B-01C9-42E5-AAF6-58B46DD20A6D 1363002.1 5
sub-contractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work.
Contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever.
Contractor will indemnify Indemnities against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of Contractor, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of City. In connection therewith:
a. Contractor will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith.
b. Contractor will promptly pay any judgment rendered against Contractor or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of Contractor hereunder, and Contractor agrees to save and hold the Indemnitees harmless therefrom.
Contractor's obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.
So much of the money due to Contractor under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid.
It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law.
This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees.
Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees.
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11. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color, sex, mental disability, physical disability, religion or other reason set forth in Government Code § 12940 of such person.
Contractor agrees to post in conspicuous places available to employees and applications, a notice setting forth provisions of this non-discrimination clause. A violation of this section exposes the Contractor to the penalties provided for in Labor Code Section 1735.
12. PAYMENT FUND: A City Council resolution established a Project Payment Account, encumbered money in the current budget, and assigned that money to the Project Payment Account, which is the sole source of funds available for payment of the contract sum set forth in Section 3 of this Agreement. Contractor understands and agrees that Contractor will be paid only from this special fund and if for any reason this fund is not sufficient to pay Contractor, Contractor will not be entitled to payment. The availability of money in this fund, and City's ability to draw from this fund, are conditions precedent to City's obligation to make payments to Contractor.
13. PRESENTATION OF CLAIMS: Any claim, as that term is defined in Public Contract Code §9204, shall be submitted in accordance with Section 9204 and shall contain a sufficient description of the claim, the basis therefore and documentation in support of the claim. The claim shall be processed as more fully set forth in the Plans and Specifications.
14. TERMINATION: This Agreement may be terminated by the City for any reason upon the giving of a written "Notice of Termination" to Contractor at least thirty (30) days prior to the date of termination specified in the notice. Upon receipt of such notice, Contractor shall immediately cease work, unless otherwise directed by the Notice of Termination. In the event of such termination, Contractor shall be paid for services satisfactorily rendered and expenses reasonably and necessarily incurred prior to the effective date of termination, unless the Notice of Termination is issued for cause, in which event the City may withhold any disputed compensation. Contractor shall not be entitled to any claim for lost profits.
State of California
Contractor’s License No. 1094220
Contractor’s Business Phone: (661) 865-4226
Contractor’s emergency phone which can be reached at any time: (909) 418-8690 Docusign Envelope ID: 65C8C27B-01C9-42E5-AAF6-58B46DD20A6D 1363002.1 7
IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures.
Siterep Construction Services, Inc.
By: ______________________________________
Title: ______________________________________
Date:
By:
Title:
Date:
CITY OF DIAMOND BAR, CALIFORNIA
By: _____________________________________
Daniel Fox, City Manager
ATTEST:
By: _____________________________________
Kristina Santana, City Clerk
APPROVED AS TO FORM:
____________________________________
Omar Sandoval, City Attorney
President 7/30/24 Vice-President 7/30/24
Docusign Envelope ID: 65C8C27B-01C9-42E5-AAF6-58B46DD20A6D 8/1/2024
1363002.1 8
*NOTE: If Contractor is a corporation, the City requires the following signature(s):
-- The Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR
-- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City.
Docusign Envelope ID: 65C8C27B-01C9-42E5-AAF6-58B46DD20A6D 12 1293492.1
BIDDER'S PROPOSAL
CITY OF DIAMOND BAR
MAPLE HILL PARK IMPROVEMENTS PROJECT
CITY PROJECT NO. FP23506D
Date , 20
To the City Council of the City of Diamond Bar:
The Undersigned hereby declares:
(a) That the only persons or parties interested in this proposal as principals are the following:
(If the bidder is a corporation, give the name of the corporation and the name of its president, secretary, treasurer, and manager. If a co-partnership, give the name, under which the co-partnership does business, and the names and addresses of all co-partners.
If an individual, state the name under which the contract is to be drawn.) (b) That this proposal is made without collusion with any person, firm or corporation. (c) That he has carefully examined the location of the proposed work and has familiarized himself with all of the physical and climatic conditions, and makes this bid solely upon his own knowledge.
(d) That by submitting this Bidder's Proposal, he acknowledges receipt and knowledge of the contents of those communications sent by the City of Diamond Bar to him at the address furnished by him to the City of Diamond Bar when this proposal form was obtained. (e) That he has carefully examined the specifications, both general and detail, and the drawings attached hereto, and communications sent to him as aforesaid, and makes this proposal in accordance therewith.
(f) That, if this bid is accepted, he will enter into a written contract for the performance of the proposed work with the City of Diamond Bar.
(g) That he proposes to enter into such Contract and to accept in full payment for the work actually done thereunder the prices shown in the attached schedule. It is understood and agreed that the quantities set forth are estimates and that the unit prices will apply to the actual quantities whatever they may be.
24 Siterep Construction Services Inc. July 10
Docusign Envelope ID: 65C8C27B-01C9-42E5-AAF6-58B46DD20A6D 13 1293492.1
Accompanying this proposal is a certified or cashier's check or bidder's bond, payable to the order of the City of Diamond Bar in the sum of
DOLLARS ($ ).
Said bidder's bond has been duly executed by the undersigned bidder and by a financially sound surety company authorized to transact business in this state.
It is understood and agreed that should the bidder fail within ten (10) days after award of contract to enter into the contract and furnish acceptable surety bonds, then the proceeds of said check, or bidder's bond, shall become the property of the City of Diamond Bar; but if this Contract is entered into and said bonds are furnished, or if the bid is not accepted then said check shall be returned to the undersigned, or the bidder will be released from the bidder's bond.
Address of Bidder Telephone of Bidder
City Zip Code Signature of Bidder
301 E Arrow Hwy Ste #105 (909)418-8690 San Dimas 91773
Docusign Envelope ID: 65C8C27B-01C9-42E5-AAF6-58B46DD20A6D 14 1293492.1
BID SCHEDULE
CITY OF DIAMOND BAR
CONTRACT DOCUMENTS AND SPECIFICATIONS
MAPLE HILL PARK IMPROVEMENTS PROJECT
CITY PROJECT NO. FP23506D
Docusign Envelope ID: 65C8C27B-01C9-42E5-AAF6-58B46DD20A6D Item No. Description
Estimated
Quantity Unit Unit Price Amount
1 Mobilization/Overhead & Profit 1 Allow
Demolition
2 Site & Building Demolition 1 LS
Earthwork
3 Cut and Fill / Over Excavation 1 Allow
Site Work
4 Concrete Walkway (Broom Finish) 2,312 SF
5 Concrete Walkway (Retarded Finish) 1,537 SF
6 Retaining Wall at Handicap Ramp 102 LF
7 Ramp at Tot-Lot 370 SF
8 ADA Ramp In To Tot-Lot 1 EA
9 8" x 18" Play Area Curb 54 LF
10 18" Deep Play Area Mulch 4,072 SF
11 12" Concrete Banding 434 LF
12 18" Concrete Banding at Tot-Lot 42 LF
13 Concrete Handicap Ramp at Handicap Parking
Stalls w/ Tact Tile Strip 1 LS
14 3' Rock Cobble Banding 607 SF
15 6" Concrete Curb at Ramp 1 LS
16 6" Concrete Mow Curb 73 LF
17 Galvanized Steel Guard Rail at Parking Lot 200 LF
18 Galvanized Steel Guard Rail / Handrail at Tot-Lot
Ramp 123 LF
19 Galvanized Steel Handrail at Tot-Lot Existing Stairs 2 EA 20 Galvanized Steel Handrail at basketball Steps 2 EA
21 Galvanized Steel Guard Rail / Handrail at
basketball Ramp 1 LS
22 Handicap Parking Striping 1 LS
23 Ramp at Basketball Court 286 SF
24 Concrete Stairs at Basketball Court 24 LF
25 Resurface Basketball Court 1 LS
Site Amenities
26 Prefabricated Restroom Building 1 EA
27 Drinking Fountain 1 EA
28 Concrete Park Bench 6 EA
29 Concrete Trash Receptacle 3 EA
Play Equipment
30 Play Equipment 1 LS
Drainage
31 6" HDPE Pipe 206 LF
32 6" HDPE Perforated Pipe w/ Sock 42 LF
33 3/4" Drainage Rock at Sump 14 CY
34 Filter Fabric Under Wood Mulch 4,072 SF
35 6" Round Drain Inlet 2 EA
36 18" Square Drain Inlet 2 EA
37 18" Concrete "V" Gutter 79 LF
Utilities
38 Domestic Water Line 175 LF
39 Irrigation Water line 118 LF
40 Electrical 5 LF
41 Sewer Line 32 LF
42 Sewer Cleanout 3 EA
$150,000.00 $150,000.00 $58,000.00 $58,000.00 $42,000.00 42,000.00 $14.25 $32,946.00 $11.00 $16,907.00 $261.00 $26,622.00 $21.00 $7,770.00 $4,600.00 $4,600.00 $87.00 $4,698.00 $7.50 $30,540.00 $24.50 $10,633.00 $55.25 $2,320.50 $7,500.00 $7,500.00 $33.00 $20,031.00 $2,300.00 $2,300.00 $75.00 $5,475.00 $177.50 $35,500.00 $177.50 $21,832.50 $2,321.00 $4,642.00 $2,761.00 $5,522.00 $9,867.00 $9,867.00 $10,600.00 $10,600.00 $31.50 $9,009.00 $321.50 $7,716.00 $32,112.00 $32,112.00 $580,000.00 $580,000.00 $3,000.00 $3,000.00 $6,336.00 $38,016.00 $3,088.00 $9,264.00 $231,000.00 $231,000.00 $68.02 $14,012.83 $78.00 $3,276.00 $60.00 $840.00 $0.75 $3,054.00 $1,000.00 $2,000.00 $1,750.00 $3,500.00 $158.00 $12,482.00 $230.50 $40,337.50 $28.00 $3,304.00 $440.00 $2,200.00 $770.00 $24,640.00 $220.00 $660.00 Docusign Envelope ID: 65C8C27B-01C9-42E5-AAF6-58B46DD20A6D 43 New Backflow Preventer w/ Cage 2 EA
44 Electrical Meter 1 EA
45 Electrical Pannel 1 LS
46 Walkway Light Pannel 1 LS
47 Tennis Court Light Pannel 1 LS
48 New Domestic Water Meter 1 LS
Landscape & Irrigation System
49 Irrigation System 9,150 SF
50 Irrigation Controller - Calescence CS3000 1 EA
51 Fine Grading 9,150 SF
52 Soil Amendments 9,150 SF
53 Sod - Marathon II 7,512 SF
54 1 Gallon Shrubs 183 EA
55 5 Gallon Shrubs 97 EA
56 24" Box Trees 7 EA
57 2" Wood Mulch 1,638 SF
$5,520.00 $11,04.00 $12,760.00 $12,760.00 $11,440.00 $11,440.00 $7,370.00 $7,370.00 $8,800.00 $8,800.00 $2,230.00 $2,230.00 $5.75 $52,612.50 $10,994.50 $10,994.50 $0.55 $5.032.50 $0.46 $4,209.00 $2.50 $18,780.00 $17.25 $3,156.75 $40.25 $3,904.25 $724.50 $5,71.50 $1.00 $,638.00 Docusign Envelope ID: 65C8C27B-01C9-42E5-AAF6-58B46DD20A6D 17 1293492.1
MANDATORY BID SCHEDULE ITEMS:
TOTAL AMOUNT BID (IN FIGURES)→
TOTAL AMOUNT BID, SCHEDULE (WRITTEN IN WORDS):
Bid Schedule Note: Bid Price indicated refers to all items illustrated on the plans and details, and delineated within the specifications installed and completely in place with all applicable portions of the construction documents and include all costs connected with such items including, but to necessarily limited to, materials, transportation, taxes, insurance, labor, overhead, and profit, for General Contractor andSubcontractors.
All work called for on the construction documents are to provide a completed project with all systems operating properly and ready for use.
Award will be based on the items of Bid Schedule. Therefore, Contractor shall completely fill out Bid Schedule.
Accompanying this proposal is
(Insert "$ cash", "cashier's check", "certified check", or "bidder's bond" as the case may be) in the amount equal to at least ten percent (10%) of the total bid.
The undersigned further agrees that in case of default in executing the required contract, with necessary bond, within ten (10) days, not including Sundays and legal holidays, after having received notice that the Contract has been awarded and ready for signature, the proceeds of the security accompanying his bid shall become the property of the City of Diamond Bar, and this proposal and the acceptance thereof may be considered null and void.
NAME OF BIDDER (PRINT) SIGNATURE DATE
ADDRESS
CITY ZIP CODE TELEPHONE
$1,689,766.33
ONE MILLION, SIX HUNDRED EIGHTY NINE THOUSAND, SEVEN HUNDRED SIXTY SIX DOLLARS AND THIRTY THREE CENTS 10% BID BOND Siterep Construction Services Inc. 7/10/2024 301 E Arrow Hwy Ste #105 San Dimas 91773 (909) 418-8690 Docusign Envelope ID: 65C8C27B-01C9-42E5-AAF6-58B46DD20A6D 18 1293492.1
STATE CONTRACTOR LICENSE NO. AND CLASSIFICATION
I declare under penalty of Perjury of the laws of the State of California that the representations made herein are true and correct in accordance with the requirements of California Business and Professional Code Section 7028.15.
CONTRACTOR SIGNATURE OR AUTHORIZED OFFICER
#1094220 ( Class A,B,C-34)
Docusign Envelope ID: 65C8C27B-01C9-42E5-AAF6-58B46DD20A6D 19 1293492.1
LIST OF SUBCONTRACTORS *
BID OPENING DATE
PROJECT PROJECT NO.
LOCATION
CLIENT
CONTRACTOR
Name Under Which
Subcontractor is
Licensed
License
No.
&
DIR No.
Address
of
Place of Business
Percent
of
Total
Contract
Specific Description
of
Subcontract
* In compliance with the provisions of the Public Contract Code Section 4104, the undersigned bidder herewith sets forth the name, location of the place of business, and California contractor license of each Subcontractor – who will perform work or labor or 7/11/2024 Maple Hill Park Pmprovement FP23506D 1355 Maple Hill Rd Diamond Bar, CA 91765 City of Diamond Bar Siterep Construction Services 1340 W. Princeton St Remove & relocate tennis Ontario, CA 91762 court lighting central panel& Ryan Electric, Inc. License No.
#790924
&
Dir No.
#1000000794
4%
Musco lighting control panel 14688 El Molino St. Installation of Landscape Fontana, CA 92335 structures Playground.
Total Lot Pro's License No.
#967975
&
Dir No.
#1000002374
2%
9642 Santiago Blvd Softscape and Irrigation Villa Park, CA 92861 Tropical Plaza Nursery,
Inc.
License No.
#519398
&
Dir No.
#1000024636
5%
22941 Temescal Canyon Rd Handicap Striping Corona, CA 92883 Asphalt Paving Regan Paving License No.
#538134
&
Dir No.
#1000002950
.5%
599 S. Barranca Ave L102 Furnish & Install steel tube Covina, CA 91723 and two galvanized pipe.
Inland Empire Fence
and Construction Inc.
License No.
#1001488
&
Dir No.
#1000790239
4%
3960 W Point Loma Blvd Supplying Wood fiber Suite H105
Gotham Poured
Rubber Corporation.
License No.
#818468
&
Dir No.
#1000012699 San Diego, CA 92110
2%
Docusign Envelope ID: 65C8C27B-01C9-42E5-AAF6-58B46DD20A6D 20 1293492.1
render service to the Prime Contractor, specially fabricates and installs a portion of the work or improvement necessary to complete construction contained in the plans and specifications, in an amount in excess of one-half (1/2) of one percent (1%) of the General Contractor’s total base bid amount or, in the case of bids or offers for the construction of streets or highways, including bridges in excess of one-half of 1 percent (0.5%)of the Prime Contractor’s total base bid or ten thousand ($10,000.00), whichever is greater, and the portion of the work which will be done by each Subcontractor.
DECLARATION OF ELIGIBILITY TO CONTRACT
[Labor Code Section 1777.1; Public Contract Code Section 6109] The undersigned, a duly authorized representative of the contractor, certifies and declares that:
1. The contractor is aware of Sections 1777.1 and 1777.7 of the California Labor Code, which prohibit a contractor or subcontractor who has been found by the Labor Commissioner or the Director of Industrial Relations to be in violation of certain provisions of the Labor Code, from bidding on, being awarded, or performing work as a subcontractor on a public works project for specified periods of time.
2. The contractor is not ineligible to bid on, be awarded or perform work as a subcontractor on a public works project by virtue of the foregoing provisions of Sections 1777.1 or 1777.7 of the California Labor Code or another provision of law.
3. The contractor is aware of California Public Contract Code Section 6109, which states:
(a) A public entity, as defined in Section 1100 [of the Public Contract Code], may not permit a contractor or subcontractor who is ineligible to bid or work on, or be awarded, a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code to bid on, be awarded, or perform work as a subcontractor on, a public works project. Every public works project shall contain a provision prohibiting a contractor from performing work on a public works project with a subcontractor who is ineligible to perform work on the public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code.
(b) Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract, and any public money that may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the awarding body.
The contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project.
4. The contractor has investigated the eligibility of each and every subcontractor the contractor intends to use on this public works project, and determined that none of them is ineligible to perform work as a subcontractor on a public works project by virtue of the Docusign Envelope ID: 65C8C27B-01C9-42E5-AAF6-58B46DD20A6D 21 1293492.1
foregoing provisions of the Public Contract Code Sections 1777.1 or 1777.7 of theLabor Code, or any other provision of law.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , , at
(place of execution).
Signature
Name:
Title:
Name of Contractor:
301 E Arrow Hwy Ste#105, San Dimas Siterep Construction Services Inc. July 10 2024 CA, 91773 Andre Ortiz President Docusign Envelope ID: 65C8C27B-01C9-42E5-AAF6-58B46DD20A6D 22 1293492.1
BIDDER'S VIOLATION OF LAW/SAFETY QUESTIONNAIRE
In accordance with Government Code Section 14310.5 and in conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire:
QUESTIONNAIRE
Has the Bidder, any officer, principal or employee of the Bidder who has a proprietary interest in the business of the Bidder, ever been disqualified, removed, or otherwise prevented from bidding on or completing a federal, state or local government project because of violation of law or a safety regulation?
YES NO
If the answer is yes, explain the circumstances in the following space:
STATEMENT
In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than on final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor’s failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor RelationsBoard.
NOTE: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire.
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
X
Docusign Envelope ID: 65C8C27B-01C9-42E5-AAF6-58B46DD20A6D 23 1293492.1
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
Project Identification
Bid Date
This information must include all construction work undertaken in the State of California by the bidder and any partnership, joint venture or corporation that any principal of the bidder participated in as a principal or owner for the last five calendar years and the current calendar year prior to the date of bid submittal. Separate information shall be submitted for each particular partnership, joint venture, corporation or individual bidder. The bidder may attach any additional information or explanation of data, which he would like, taken into consideration in evaluating the safety record. An explanation must be attached of the circumstances surrounding any and all fatalities.
ITEM 5 CALENDAR YEARS
PRIOR TO CURRENT YEAR
CURRENT
YEAR
2019 2020 2021 2022 2023 TOTAL
No. of Contracts
Total dollar amount
of
contracts (in 1,000’s)
No. of lost workday
cases
No. of lost work day
cases
involving permanent
transfer to
another job or
termination of
employment
No. of lost workdays
*The information required for this item is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary - Occupational Injuries and Illnesses, OSHA No. 102.
The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of these records.
Name of Bidder (Print Signature
Address State Contractor’s Lic. No. & Class
City Zip Code Telephone
Maple Hill Park Improvements Project - Project NO. FP 23506D 7/11/2024 2024 0 0 0 1 3 4 5 0 0 0 100 300 400 100
0 0 0 0 0 0 0
0 0 0 0 0 0 0
0 0 0 0 0 0 0
Siterep Construction Services Inc. 301 E Arrow Hwy Ste #105 #1094220 (class A, B, C-34) San Dimas 91773 (909) 418-8690 Docusign Envelope ID: 65C8C27B-01C9-42E5-AAF6-58B46DD20A6D Docusign Envelope ID: 65C8C27B-01C9-42E5-AAF6-58B46DD20A6D Docusign Envelope ID: 65C8C27B-01C9-42E5-AAF6-58B46DD20A6D President Vice-President
Docusign Envelope ID: 65C8C27B-01C9-42E5-AAF6-58B46DD20A6D Docusign Envelope ID: 65C8C27B-01C9-42E5-AAF6-58B46DD20A6D Docusign Envelope ID: 65C8C27B-01C9-42E5-AAF6-58B46DD20A6D Docusign Envelope ID: 65C8C27B-01C9-42E5-AAF6-58B46DD20A6D Docusign Envelope ID: 65C8C27B-01C9-42E5-AAF6-58B46DD20A6D 1293492.1 34
CERTIFICATION OF NON-DISCRIMINATION AND AFFIRMATIVE ACTION As suppliers of goods or services to the City of Diamond Bar, the firm listed below certifies that it does not discriminate in its employment with regards to race, religion, sex, or national origin; that it is in compliance with all federal, state, and local directives and executive orders regarding non-discrimination in employment; and that it will pursue an affirmative course of action as required by the affirmative action guidelines.
We agree specifically:
1. To establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels.
2. To communicate this policy to all persons concerned including all company employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large.
3. To take affirmative steps to hire minority employees within the company.
FIRM
TITLE OF OFFICER SIGNING
SIGNATURE DATE
Please include any additional information available regarding equal opportunity employment programs now in effect within your company:
Siterep Consturction Services Inc.President 7/10/2024
Docusign Envelope ID: 65C8C27B-01C9-42E5-AAF6-58B46DD20A6D 35 1293492.1
CERTIFICATION WITH REGARD TO THE PERFORMANCE OF
PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE
EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS The bidder , proposed subcontractor , hereby certifies that he has , has not , participated in a previous contract or subcontract subject to the Equal Opportunity Clause, as required by Executive Orders 10925, 11114, or 11246, and that he has , has not , filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under theapplicable filing requirements. (COMPANY)
BY:
(TITLE)
DATE: , .
NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7 (b) (1), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the Equal Opportunity Clause. Contracts and subcontracts which are exempt from the Equal Opportunity Clause are set forth in 41 CFR 60-1.5. (Generally, only contracts or subcontracts of $10,000 or under are exempt).
Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.
Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7 (b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period of such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S.
Department of Labor.
Siterep Construction Services Inc. Andre Ortiz President July 10 2024 ✔ ✔
✔
Docusign Envelope ID: 65C8C27B-01C9-42E5-AAF6-58B46DD20A6D Docusign Envelope ID: 65C8C27B-01C9-42E5-AAF6-58B46DD20A6D Docusign Envelope ID: 65C8C27B-01C9-42E5-AAF6-58B46DD20A6D