HomeMy WebLinkAboutDD Systems Inc. - Contract 202259.pdfPUBLIC WORKS AGREEMENT
The following agreement ("Agreement") is made and entered into, in duplicate,
as of the date executed by the Mayor and attested to by the City Clerk, by and between
DD Systems 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 September 8, 2022; and
WHEREAS, City accepted the bid of Contractor; and
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 Canyon
Loop Trail Improvement in the City (the "Work"). The Work to be performed in
accordance with the plans dated June 1, 2022 (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 Ryan Wright, Parks and Recreation
Director, 909-839-7061.
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 September 8, 2022 ("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 six
hundred seventy-four thousand, three hundred and seventy-seven dollars and fifty
cents. ($674,377.50) 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, 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.
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4. TERM OF AGREEMENT/LIQUIDATED DAMAGES: Contractor agrees to
complete the work within sixty 60 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 one
thousand dollars ($1,000) 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.
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.
l 722038.1 2
c. Each such policy of insurance provided for in paragraph U. 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
nAce of such cancellation or reduction of coverage."
5) Waives all right of subrogation against all persons and
entities specified in subparagraph 4.c.(2) hereof to be listed
as additional insured in the policy of insurance provided for
in paragraph b. by reason of any claim arising out of or
connected with the operations of Contractor or any sub-
contractor in performing the work provided for herein;
6) Otherwise be in form satisfactory to the City.
d. The Contractor shall, prior to performing any work under this
Agreement, deliver to the City Manager or his designee the original
policies of insurance required in paragraphs a. and b. hereof, or
deliver to the City Manager or his designee a certificate of the
insurance company, showing the issuance of such insurance, and
the additional insured and other provisions required herein.
6. PREVAILING WAGE: Notice is hereby given that in accordance with the
provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the
Contractor is required to pay not less than the general prevailing rate of per diem wages
for work of a similar character in the locality in which the public works is performed, and
not less than the general prevailing rate of per diem wages for holiday and overtime
work. In that regard, the Director of the Department of Industrial Relations of the State
of California is required to and has determined such general prevailing rates of per diem
wages. Copies of such prevailing rates of per diem wages are on file in the Office of the
City Clerk of the City of Diamond Bar, 21810 Copley Drive, Diamond Bar, California,
and are available to any interested party on request. Contractor shall cause a copy of
such determinations to be posted at the job site.
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
722038. 1 3
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 days work for all workmen employed in the execution of this Agreement, and the
Contractor and any sub -contractor under him shall comply with and be governed by the
laws of the State of California having to do with working hours set forth in Division 2,
Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended.
Contractor shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each
laborer, workman or mechanic employed in the execution of the contract, by him or any
sub -contractor under him, upon any of the work hereinbefore mentioned, for each
calendar day during which the laborer, workman or mechanic is required or permitted to
labor more than eight (8) hours in violation of the Labor Code,
9. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay travel and
subsistence pay to each workman needed to execute the work required by this contract
as such travel and subsistence payments are defined in the applicable collective
bargaining agreements filed in accordance with Labor Code Section 1773.8.
10. CONTRACTOR'S LIABILITY: The City and its officers, agents and
employees ("Indemnitees") shall not be answerable or accountable in any manner for
any loss or damage that may happen to the work or any part thereof, or for any of the
materials or other things used or employed in performing the work; or for injury or
damage to any person or persons, either workers or employees of Contractor, of its
sub -contractors or the public, or for damage to adjoining or other property from any
cause whatsoever arising out of or in connection with the 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.
i 712038. 1 4
Contractor will indemnify Indemnities against and will hold and save Indemnitees
harmless from any and all actions, claims, damages to persons or property, penalties,
obligations or liabilities that may be asserted or claimed by any person, firm, entity,
corporation, political subdivision, or other organization arising out of or in connection
with the work, operation, or activities of Contractor, its agents, employees, sub-
contractors or invitees provided for herein, whether or not there is concurrent passive
negligence on the part of City. In connection therewith:
a. Contractor will defend any action or actions filed in connection with
any such claims, damages, penalties, obligations or liabilities and
will pay all costs and expenses, including attorneys' fees, expert
fees and costs incurred in connection therewith.
b. Contractor will promptly pay any judgment rendered against
Contractor or Indemnitees covering such claims, damages,
penalties, obligations and liabilities arising out of or in connection
with such work, operations or activities of Contractor hereunder,
and Contractor agrees to save and hold the Indemnitees harmless
therefrom.
Contractor's obligations under this section apply regardless of whether or not
such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost,
expense, judgment, civil fine or penalty, or liability was caused in part or contributed to
by an Indemnitee. However, without affecting the rights of City under any provision of
this Agreement, Contractor shall not be required to indemnify and hold harmless City for
liability attributable to the active negligence of City provided such active negligence is
determined by agreement between the parties or by the findings of a court of competent
jurisdiction. In instances where City is shown to have been actively negligent and where
City active negligence accounts for only a percentage of the liability involved, the
obligation of Contractor will be for that entire portion or percentage of liability not
attributable to the active negligence of City.
So much of the money due to Contractor under and by virtue of the contract as
shall be considered necessary by City may be retained by City until disposition has
been made of such actions or claims for damages as aforesaid.
It is expressly understood and agreed that the foregoing provisions are intended
to be as broad and inclusive as is permitted by the law of the State of California. This
indemnity provision shall survive the termination of the Agreement and is in addition to
any other rights or remedies which Indemnitees may have under the law.
This indemnity is effective without reference to the existence or applicability of
any insurance coverage which may have been required under this Agreement or any
additional insured endorsements which may extend to Indemnitees.
Contractor, on behalf of itself and all parties claiming under or through it, hereby
waives all rights of subrogation and contribution against the Indemnitees, while acting
within the scope of their duties, from all claims, losses and liabilities arising out of or
incident to activities or operations performed by or on behalf of the Contractor
regardless of any prior, concurrent, or subsequent passive negligence by the
Indemnitees.
11. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no
discrimination shall be made in the employment of persons in the work contemplated by
this Agreement because of the race, color, sex, mental disability, physical disability,
religion or other reason set forth in Government Code § 12940 of such person.
1722038.1 5
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. 47P
Contractor's Business Phone: 6* 4 85-
Contractor's emergency phone which can be reached at any time: X0 iINWITNESSWHEREOF, the parties hereto have executed this Agreement with
all the formalities required by law on the respective dates set forth opposite their
signatures.
OhY Da Y)er Full
Nanie of Contractor] By:
Title:
Date:
1722038,
1 0
By:
Title:
Date:
CITY OF DIAMOND
By:
Date
ATTEST:
By:
Date
APPROVED AS TO FORM:
David DeBerry,
9/27/22
Date
ristina
CT,
AL ORNIA
i
MV
na, C
NOTE: If Contractor is a corporation, the City requires the following
signature(s):
The Chairman of the Board, the President or aVice-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.
1722038.1 %
a . _i
BIDDER'S PROPOSAL
CITY OF DIAMOND BAR
CANYON LOOP TRAIL IMPROVEMENT PROJECT
CITY PROJECT NO. FP17500
Date September 8 , 2 p 22
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
DD Systems Inc.
Danny Daher President
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.
P) That he has carefully xaminad 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.
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1293492.1
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.
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
10% Bid Bond 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.
147 W. Route 66 #431
626 852 0257
Address of Bidder
Glendora, CA 91740
City Zip Code
14
1293492.1
Telephon f Bidder
Signature of Bidder
BID SCHEDULE
CITY OF DIAMOND BAR
CONTRACT DOCUMENTS AND SPECIFICATIONS
CANYON LOOP TRAIL IMPROVEMENT PROJECT
CITY PROJECT NO. FP17500
ITEM ESTIMATED DESCRIPTION UNIT
N09 QUANTITY UNIT WRITTEN IN WORDS PRICE AMOUNT
1 27,059.10 27,059.10
1 LS Mobilization Not to Exceed 5% of Bid
2 Best Management Practice / Storm Water 5,400 5,400
1 LS Pollution Control
3 18,000 18,000
1 LS Construction Survey
4 Remove & Dispose of Existing Post & Rail 90 31600
40 LF Fencing
5 Transportation of All Construction Materials to 59040 51040
1 LS Proiect Site
6 Clear/ Grub & Improve Trail Improvements to 18.208 34,430.40
11891 LF 5' Width
7 Grading & Earthwork (Rough Grade, Over- 56.151 21,618
385 CY Excavation
8 67.20 16,800
250 CY Handling of Excess Earthwork & Spreading
9 8844706 13533600
153 LF Construct Timber Steps
10 156 12872
12 LF Provide & Install 6X8 Wood Retaining Edging
11 1,957.895 37,200
19 EA Construct Trail Water Diverter
12 92.430 5z,78z
571 LF Construct Cobble Swale
13 420 16,800
40 SF Construct Velocity Reducer
14 42,864 42,864
1 LS Construct Gabion Retaining Wall #1
15
1293492.1
15 18,960 18,960
1 LS Construct Gabion Retaining Wall #2
16 93,660 93,660
1 LS Construct Gabion Retaining Wall #3
17 15,456 15,456
1 LS Construct Gabion Retaining Wall #4
18 185.782 20,436
110 LF Provide & Install Steel Post/Wood Rail Fence
19 273600 823800
3 EA Provide & Install Metal Shelter Structures
20 21160 61480
3 EA Provide & Install Recycled Plastic Benches
21 11560 4,680
3 EA Provide & Install Trail Educational Signs
22 13560 43680
3 EA Provide & Install Trail Marker Signs
23 Provide & Install Basic Native Erosion Control 2.10 82400
41000 SF Mix
MANDATORY BID SCHEDULE ITEMS:
TOTAL AMOUNT BID (IN FIGURES) -+ 674,377.50
TOTAL AMOUNT BID, SCHEDULE (WRITTEN IN WORDS) : Six hundred seventy four thousands
three hundred seventy seven dollars and fifty cents.
Bid Schedule Note: Bid Price indicated refers to all items illustrated
on the plans and details, and delineated within the specifications
installed and completely in place with all applicable portions of the
construction documents and include all costs connected with such items
including, but to necessarily limited to, materials, transportation,
taxes, insurance, labor, overhead, and profit, for General Contractor
and Subcontractors.
All work called for on the construction documents are to provide a
completed project with all systems operating properly and ready for
use.
Award will be based on the items of Bid Schedule. Therefore, Contractor
shall completely fill out Bid Schedule.
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1293492.1
Accompanying this proposal is Bidder Bond
Insert "$
cashier's check", "certified
the case may be) in the amount
100) of the total bid.
check",
equal
bo
cash",
nd" as
to at least ten percent
or "bidder's
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.
DD Systerns, Inc. 9/8/2022
NAME OF BIDDER (PRINT) SIGNATURE DATE
147 W. Route 66 #431
ADDRESS
Glendora, CA 91740 626 852 0257
CITY ZIP CODE TELEPHONE
847907 A, B , C27
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,
CpNTRAGTQR SIGNATURE OR AUTHORIZED OFFICER
17
1293492.1
LIST OF SUBCONTRACTORS *
BID OPENING DATE September of 2002 at 3:00pm
PROJECT CANYON LOOP TRAIL IMPROVEMENT PROJECT
PROJECT N0. FP17500
ZOCAT ION City of Diamond Bar, California
CLIENT City of Diamond Bar
CONTRACTOR DD Systems Inc.
Name Under
Which
Subcontractor
is
Licensed
License
No.
Address
of
Office, Mail,
or
Shop
Percent
of
Total
Contract
Specific
Description
of
Subcontract
FMawoIhc
1,avlcLscv • Lf'g S62
a #• 6orG M
Olt
f f 0f'5v-fA v,
G,rs Q wd •
Orav, cIg g28 8
m
1293492.1
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
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 (10) 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 (0.5o)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.
19
1293492.1
DECLARATION OF ELIGIBILITY TO CONTRACT
Labor Code Section 1777.1; Public Contract Code Section 61091
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
20
1293492.1
project, and determined that none of them is ineligible to perform
work as a subcontractor on a public works project by virtue of the
foregoing provisions of the Public Contract Code Sections 1777.1
or 1777.7 of the Labor Code, or any other provision of law. I
i
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 September 8 20122, at Los Angeles County (place of execution) .
21
Signature
Name : Danny Daher
Title : President
Name of Contractor:
DD Systems Inc.
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 X
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 Relations Board.
NOTE: The above Statement and Questionnaire are part of the
Proposal. Signing this Proposal on the signature portion
thereof shall also constitute signature of this Statement and
Questionnaire.
Bidders are cautioned that making a false certification may
subject the certifier to criminal prosecution.
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1293492.1
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
Project Identification Canyon Loop Trail
Improvements
Bid Date 9/8/2022
FP17500
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 surroundina anv and all fatalities.
ITEM 5 CALENDAR YEARS CURRENT
PRIOR TO CURRENT YEAR YEAR
2017 2018 2019 2020 2021 TOTAL
No. of Contracts 0
Total dollar amount of
15200 80 60 1,340 0
contracts in 1,000's
No. of lost workday 0 0 0 0 0 0 0
cases
No. of lost work day
cases
involving permanent
transfer to 0 0 0 0
0 0 0
another job or
termination of
employment
No. of lost workdays 0 0 0 0 0 0
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.
DD Systems Inc
Name of Bidder (Print
147 W. Route 66 #431
Address
Glendora, CA 91740
City Zip Code
1293492.1
Signature
847907 A, B, C27
State Contractor's Lic. No. & Class
626 852 0257
Telephone
23
AEF`IDAVIT FOR CORPORATION BIDDER
STATE OF CALIFORNIA )
SS
COUNTY OF LOS ANGELES )
ay\ " 1 "
duly sworn, deposes and says:
That he is
of,
being first
a corporation which is the party making the foregoing proposal or bid;
that such bid is genuine and not collusive or sham; that said bidder
has not colluded, conspired, connived or agreed, directly or indirectly,
with any other bidder or person to put in a sham bid or that such other
person shall refrain from bidding; and has not in any manner sought by
collusion to secure any advantage against the City of Diamond Bar or
any person interested in the proposed contract, for himself or for any
other person.
Subscribed
to before
tf
1293492.1
and sworn
e this
A ay of
Signature of Officer Administering Oath
Notary Public)
2$
Notary Public -California z
Log Angeles County
T Y ti Commission .T L3M35
a My CCr rri: Expires Oct 16, 2025
Bond No.: CMGB00014706
13`i FJ' bNb
KNOW ALL PERSONS BY THESE PRESENTS that,
WHEREAS the City of Diamond Bar ("City"), has issued an invitation
for bids for the work described as follows:
Canyon Loop Trail Improvement Project Pr'oj eCt No . FP17500
WHEREAS DD S.ystems, Inc., Dba ACE CD, Inc. ll99 EnglewiId Drive, Glendora, CA 91741
Name and address of Bidder)
Principal"), desires to submit a bid to Public Agency for the work.
WHEREAS, bidders are required under the provisions of the California
Public Contract Code to furnish a form of bidder's security with their
bid.
NOW, THEREFORE, we, the undersigned Principal, and Argonaut Insurance Company
c/o CMGIA, 20335 Ventura Blvd., Ste 426, Woodland Hills, CA 91364
Name and address of Surety)
Surety") a duly admitted surety insurer under the laws of the State
of California, as Surety, are held and firmly bound unto Public Agency
in the penal sum Of Ten Percent of Their Greatest Amount Bid
Dollars ($ 10%of Their G.A.B. ) , being not less than ten percent (10%) of the
total bid price, in lawful money of the United States of America, for
the payment of which sum well and truly to be made, we bind ourselves,
our heirs, executors, administrators, successors, and assigns, jointly
and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded
Principal is awarded a contract for the work by City and within the
time and in the manner required by the bidding specifications, entered
into the written form of contract included with bidding specifications,
furnishes the required bonds, one to guarantee faithful performance and
the other to guarantee payment for labor and materials, and furnishes
the required insurance coverages, then this obligation shall become
null and void; otherwise, it shall be and remain in full force and
effect.
32
1293492.1
In case suit is brought upon this
all court costs incurred by City in
fees in an amount fixed by the
provisions of California Civil Code
bond, Surety further agrees to pay
the suit and reasonable attorneys'
court. Surety hereby waives the
2845.
IN WITNESS WHEREOF, each of which shall for all purposes be deemed an
original hereof, have been duly executed by Principal and Surety, on
the date set forth below, the name of each corporate party being hereto
affixed and these presents duly signed by its undersigned
representative(s) pursuant to authority of its governing body.
Dated : September 6, 2022
Principal"
DD Systems, Inc., Dba ACE CD, Inc.
1199 Englewild Drive, Glendora, CA 91741
Surety"
Argonaut Insurance Company
c/o CMGIA, 20335 Ventura Blvd., Ste 426, Woodland Hills, CA 91364
By By:
I t s Christopher Coronel Its Attorney -In -Fact
Its Its
Note: This bond must be dated, all signatures must be notarized, and
evidence of the authority of any person signing as attorney -in -
fact must be attached.
33
1293492.1
Seal)
Bond No.: CMGB00014706
Lc-ifflnallft Jnsul<'anee COMPany
Deliveries Oniyo, 225 W. Washington, 26 h Floor
United States Postal Service: P.O. Box 469011, San Antonio, TX 78246
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESEN T S: That the Argonaut Insurance Company, a Corporation duly organized and existing under the laws of the State
of Illinois and having its principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint:
Gabriella Grady. Shilo Lee Losino- Stephanie Hone Shear Elizabeth Santos Stacey Garcia Matthew Dionisio Christopher Coronel
Their true and lawful agents) and attorneys) -in -fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for
and on its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity and other undertakings in suretyship provided,
however, that the penal sum of any one such instnunent executed hereunder shall not exceed the sum of
15.000.000.00
This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors Of
Argonaut Insurance Company:
RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is
authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any
officer or attorney, of the Company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as
the act and deed of the Argonaut Insurance Company, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto."
IN WITNESS WHEREOF, Argonaut Insurance Compan}has caused its official seal to be hereunto affixed and these presents to be signed by its duly
authorized officer on vember, 2021. Argonaut Insurance Company
6-%
14t8 2
STATE OF TEXAS
COUNTY OF HARRIS SS:
by:
Gary E. Grose president
On this 14th day ofNovember, 2021 A.D., before me, a Notary Public of the State of Texas, in and for the County of Hams, duly commissioned and
qualified, cante THE ABOVE OFFICER OF THE COMPANY, to me personally known to be the individual and officer described in, and who executed the
preceding instrument, and he acknowledged the execution of same, and being by me duly sworn, deposed and said that he is the officer of the said Company
aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as
officer were duly affixed and subscribed to the said instrument by the authority and direction of the said corporation, and that Resolution adopted by the
Board of Directors of said Company, referred to in the preceding instrument is now in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written.
KATHLEEi t M MEEKSg
NOTARY PU8LIG
4
STATE OF TEXAS
q,o t.' MY COMM- EXP. D7I15125
NOTARY !D SS g02-8 (Notary Public)
I, the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which
the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked.
IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the 6th day of September , 2022
ist If t too
Austin W. King Secretary
IF YOU HAVE QUESTIONS ON AUTHENTICTf-Y OF 'PHIS DOCUMENT CALL (833) 820 - 9137.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of I Los Angeles )
on SEP 0 6 2022 before me,
Date
Lucas Patterson, Notary Public
Here Insert Name and Title of the Officer
personally appeared Christopher Coronet
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the persons) whose names) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
LUCAS PATTERSON
O otryublic -alifornia
Los Angeles County
Commission X 2352264
y Comm, Expires Mar 19, 2025
certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
TNESS myhandandofficialseal. WI
Signature
of Noi'ary Public
Place Notary Seal Above
OPT/ONAL
Though this section is optional, completing this information can deter alteration of the
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages: Signer(s) Other Than Named
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Corporate Officer — I Me(s):
Partner — :
ED
ited El Genera
Individual Attorne act
Trustee G ian or Conservator
Other:
Signer IsjR esenting:
Signer's Name:
Corporate Officer — Title(s):
Partner — Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other:
Signer Is Representing:
2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
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
compliance with all federal, state, and
orders regarding non-discrimination in
pursue an affirmative course of action
action guidelines.
We agree specifically:
national origin; that it is in
local directives and executive
employment; and that it will
as required by the affirmative
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 DD Systems Inc
TITLE OF OFFICER SIGNING President
SIGNATURE DATE 9/8/2022
Please include any additional information available regarding equal
opportunity employment programs now in effect within your company:
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 and proposed subcontractor hereby certifies that
he has , has not X participated in a previous contract or
subcontract subject to the Equal Opportunity Clause, as required by
Executive Orders 10925, 11114, or 11246, and that he has , has not
filed with the Joint Reporting Committee, the Director of the Office
of Federal Contract Compliance, a Federal Government contracting or
administering agency, or the former President's Committee on Equal
Employment Opportunity, all reports due under the applicable filing
requirements.
DATE : September 8
DD Systems Inc
COMPANY)
BY: Danny Daher
President
TITLE)
2022 .
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.
35
1293492.1
NON -COLLUSION AFFIDAVIT
TO: THE CITY OF DIAMOND BAR:
STATE OF GALIFORNIA )
SS
COUNTY OF Los Angeles )
being first duly
sworn, deposes and says that he or she is fre(,'AV %4 of
L , the party making the
foregoing bid, that the bid is not made in the interest of or on behalf
of, any undisclosed person, partnership, company association,
organization, or corporation; that the bid is genuine and not collusive
or sham; that the bidder has not directly or indirectly induced or
solicited another bidder to put in a false or sham bid, and has not
directly or indirectly colluded, conspired, connived, or agreed with
any bidder or anyone else to put in a sham bid, or that anyone shall
refrain from bidding; that the bidder has not in any manner, directly
or indirectly, sought by agreement, communication, or conference with
anyone to fix the bid price of the bidder or any other bidder, or to
fix any overhead, profit, or cost element of the bid price, or of that
of any other bidder, or to secure any advantage against the public body
awarding the contact or anyone interested in the proposed contract;
that all statements contained in the bid are true; and further, that
the bidder has not, directly or indirectly, submitted his or her bid
price or any breakdown thereof, or the contents thereof, or divulged
information or data relative thereto, or paid, and will not pay, any
fee to any corporation, partnership, company association, organization,
Did depository, or to any member or agent thereof to effectuate a
collusive or sham bid. i
Signature B-i'dder
STATE OF CALIFORNIA )
SS
COUNTY OF LOS ANGELES }
Subscribed and sworn to before me this
Notary Public
1293492.1
7l'Qn 'i t icvSt 1
in and for the County of
fF
day of Stp7ew,i r' , 20 .
State of California
o SEAN H. HOUS70NFEH_
Public - California z
r Los Angeles Ccunty
z
z = c Comr^ission ; 2375535
169 2025ax*` My Com; ,Expires Octn