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HomeMy WebLinkAboutWINDMILL_WILLOW ROOM AUDIO VISUAL RFP (SIGNED).pdf1293492.1 DEPARTMENT OF PUBLIC WORKS CITY OF DIAMOND BAR CALIFORNIA CONTRACT DOCUMENTS AND SPECIFICATIONS FOR WINDMILL/WILLOW ROOM AUDIO VISUAL & PRODUCTION CONTROL ROOM SYSTEMS UPGRADE PROJECT CITY PROJECT NO. _______FP 23504_______ All Questions Regarding This Project Are to Be Directed To: Dannette Allen Senior Management Analyst City of Diamond Bar (909)839-7012 Andrew Chou, Mayor Stan Liu, Mayor Pro Tem Ruth M. Low, Council Member Chia Yu Teng, Council Member Steve Tye, Council Member Daniel Fox, City Manager MARCH 2023 CITY OF DIAMOND BAR CONTRACT DOCUMENTS AND SPECIFICATIONS WINDMILL/WILLOW ROOM AUDIO VISUAL & PRODUCTION CONTROL ROOM SYSTEMS UPGRADE PROJECT CITY PROJECT NO. FP 23504 PREPARED BY: City of Diamond Bar Diamond Bar, CA 91765 TELEPHONE: (909) 839-7012 Electronic responses shall be submitted via the City’s secure online bidding system. All required sections of the response must be submitted via the website. Respondent is solely responsible for “on time” submission of their electronic response. The Bid Management System will not accept late submittals and no exceptions shall be made. Respondents will receive a confirmation number with a time stamp from the Bid Management System indicating that their response was submitted successfully. Bid must be received by 2:00pm on April 19, 2023. Via the City’s online Bid Management System (Planet Bids). 1293492.1 APPROVED BY CITY ENGINEER: 03/15/2023 1293492.1 TABLE OF CONTENTS ITEMS PAGES PART I - BIDDING AND CONTRACTUAL DOCUMENTS NOTICE INVITING SEALED BIDS 1 - 3 INFORMATION FOR BIDDERS 4 - 13 PROPOSAL FORM 14 - 15 BID SCHEDULE 16 - 18 LIST OF SUBCONTRACTORS 19 - 20 DECLARATION OF ELIGIBILITY TO CONTRACT 21 - 22 BIDDER'S VIOLATION OF LAW/SAFETY QUESTIONNAIRE 23 CONTRACTOR INDUSTRIAL SAFETY RECORD 24 AFFIDAVIT FOR CO-PARTNERSHIP FIRM 25 AFFIDAVIT FOR CORPORATION BIDDER 26 AFFIDAVIT FOR INDIVIDUAL BIDDER 27 AFFIDAVIT FOR JOINT VENTURE 28 FAITHFUL PERFORMANCE BOND 29 - 30 LABOR AND MATERIAL BOND 31 - 32 BID BOND 33 - 34 CERTIFICATE OF NON-DISCRIMINATION AND AFFIRMATIVE ACTION 35 CERTIFICATE WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS AND SUBCONTRACTS 36 NON-COLLUSION AFFIDAVIT CONTRACT AGREEMENT PART II - GENERAL PROVISIONS 37 38-44 GP-1 – GP-11 1293492.1 TABLE OF CONTENTS (Continued) SP-1 – SP-8 TP-1 – TP-10 PART III - SPECIAL PROVISIONS PART IV - TECHNICAL PROVISIONS STATEMENT OF WORK PLANS & SPECIFICATIONS PART V - APPENDICES BILL OF MATERIALS W/ MSRP & ESTIMATED SHIP DATE SAMPLE CABLE TEST REPORT 4/ 1293492.1 PART I BIDDING AND CONTRACTUAL DOCUMENTS 1 1293492.1 CITY OF DIAMOND BAR NOTICE INVITING SEALED BIDS FOR WINDMILL/WILLOW ROOM AUDIO VISUAL & PRODUCTION CONTROL ROOM SYSTEMS UPGRADE PROJECT CITY PROJECT NO. ______FP 23504_____ RECEIPT OF PROPOSALS: Bid’s shall be submitted via the City’s secure online bidding system by Wednesday, April, 19, 2023 by 2:00pm. All required sections of the response must be submitted via the website. Respondent is solely responsible for “on time” submission of their electronic response. The Bid Management System will not accept late submittals and no exceptions shall be made. Respondents will receive a confirmation number with a time stamp from the Bid Management System indicating that their response was submitted successfully. The bidder is solely responsible for “on time” submission of their electronic bid. The City will only consider bids that have been transmitted successfully and have been issued an e-bid confirmation number with a time stamp from the Bid Management System indicating that bid was submitted successfully. Transmission of bids by any other means will not be accepted. Bidder shall be solely responsible for informing itself with respect to the proper utilization of the bid management system. No proposal will be considered from a Contractor who is not licensed as a Class C-7 contractor at time of award in accordance with the provisions of the Contractor’s License Law (California Business and Professions Code, Section 7000 et seq.) and rules and regulations adopted pursuant thereto or to whom a proposal form has not been issued by the City of Diamond Bar. The proposals will be opened electronically and made open to all bidders, immediately after the closing date and time Wednesday, April, 19, 2023 at 2:00 pm. MANDATORY JOB WALK: A mandatory job walk will be held on Wednesday, March 29, 2023 at 10:00 am at City Hall, 21810 Copley Dr. Diamond Bar CA 91765. DESCRIPTION OF WORK: The work to be performed or executed under these plans and specifications consists of and includes audio visual & production control systems upgrades; and other incidental and appurtenant work necessary for the proper construction of the contemplated improvements, as indicated on the project plans for Windmill/Willow Room Audio Visual & Production Control Room Systems Upgrade Project. COMPLETION OF WORK: All work shall be completed within three hundred sixty-nine (369)working days after the Notice to Proceed is issued by the City. 2 1293492.1 ENGINEER'S ESTIMATE: The Windmill/Willow Room Audio Visual & Production Control Room Systems Upgrade Project is estimated to cost three hundred sixty thousand dollars ($360,000), all in accordance with the provisions of the Plans, Specifications, Notices and Instructions to Bidders. OBTAINING CONTRACT DOCUMENTS: Plans, Specifications and all contract documents may be obtained via the City’s secure online bidding system (Planet Bids). PROPOSAL GUARANTEE: Each proposal must be accompanied by cash or by a cashier's or certified check or by a bid bond in the amount of ten percent (10%) of the bid price payable to the City of Diamond Bar as a guarantee that the bidder, if his proposal is accepted, will promptly execute the contract, secure payment of Workmen's Compensation Insurance, furnish a satisfactory Faithful Performance Bond in the amount of one hundred percent (100%) of the total bid price, and a Labor and Material Bond in an amount not less than one hundred percent (100%) of the contract price. Said bonds to be secured from a surety company authorized to do business in the State of California, and subject to the approval of the City Attorney. MINIMUM QUALIFICATIONS OF BIDDERS: Prospective bidders should examine the minimum qualifications found in number 15 of the “Information for Bidders” section, pages 4 through 8. Bidders who do not meet the minimum qualifications should not submit a bid, as the bids will be considered nonresponsive. PREVAILING WAGE RATE: As required by the California Labor Code, Section 1770 et seq. the City Council of the City of Diamond Bar incorporates herein by reference the general prevailing rate of per diem wages as determined by the Director of Industrial Relations of the State of California. Copies of the prevailing rate of per diem wages are on file in the office of the City Clerk and will be made available to any interested party upon request. In accordance with the Labor Code, no workman employed upon work under this contract shall be paid less than the above referenced prevailing wage rate. A copy of said rates shall be posted at each job site during the course of construction. CONTRACTOR shall forfeit, as penalty to CITY, not more than two hundred dollars ($200.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this AGREEMENT, by him or by any subcontractor under him. Any classification omitted herein shall be paid not less than the prevailing wage scale as established for similar work in the 3 1293492.1 particular area, and all overtime shall be paid at the prevailing rates as established for the particular area. Sunday and holiday time shall be paid at the wage rates determined by the Director of Industrial Relations. CONTRACTOR and any of its subcontractors must be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5, which precludes the award of a contract for a public work on any public works project awarded after April 1, 2015. This Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations. PAYMENT: Payment will be made to the Contractor in accordance with the Specifications. CITY'S RIGHTS RESERVED: The City of Diamond Bar reserves the right to reject any and all proposals or bids, should it deem this necessary for the public good, and also the bid of the bidder who has been delinquent or unfaithful in any former contract with the City of Diamond Bar. No bidder may withdraw his bid for a period of thirty (30) days after the date of the bid opening. BID AWARD: Subject to the reservations noted above, the contract will be awarded to the lowest responsible bidder. 4 1293492.1 INFORMATION FOR BIDDERS 1.PREPARATION OF BID FORM: The City invites bids on the form attached to be submitted at such time and place as is stated in the Notice Inviting Sealed Bids. All bids should be made in accordance with the provisions of the Standard Specifications for Public Works Construction, Latest Edition (with all supplements). All blanks on the bid form must be appropriately filled in. All bids shall be submitted electronically via the City’s secure online bidding system. It is the sole responsibility of the bidder to see that the bid is transmitted and received successfully in the proper time. Any bid received after the scheduled closing time or outside of the City’s secure online bidding system, will be returned to the bidder unopened. 2.PROPOSAL GUARANTEE: Each proposal shall be accompanied by cash or by a cashier's or certified check or by a bid bond in the amount of not less than ten percent (10%) of the amount named in the proposal. Said check or bond shall be made payable to the City Clerk of the City of Diamond Bar and shall be given as a guarantee that the bidder, if awarded the work, will enter into a contract within ten (10) days after written notice of the award and will furnish the necessary bonds as hereinafter provided. In case of refusal or failure to enter said contract, the check or bond, as the case may be, shall be forfeited to the City. No bidder's bond will be accepted unless it conforms substantially to the form furnished by the City, which is bound herein, and is properly filled out and executed. 3. SIGNATURE: The bid must be signed in the name of the bidder and must bear the signature in longhand of the person or persons duly authorized to sign the bid on behalf of the bidder. 4. MODIFICATIONS: Changes in or addition to the bid form, recapitulations of the work bid upon, alternative proposals or any other modifications of the bid form which is not specifically called for in the contract documents may result in the Owner's rejection of the bid as not being responsive to the invitation to bid. No oral or telephonic modification of any bid submitted will be considered. The bid submitted must not contain any erasures, interlineation, or other corrections unless each such correction is suitably authenticated by affixing in the margin immediately opposite the correction the surname or surnames of the person or persons signing the bid. 5. DISCREPANCIES IN THE PROPOSALS: In case of discrepancy between words and figures, the words shall prevail. If the amounts bid on individual items (if called for) do not in fact add to the total amount shown by the bidder, the correctly added total of 5 1293492.1 the individual items shall prevail over the total figure shown. The estimated quantities and amounts are for the purpose of comparison of bids only. The City Council of the City of Diamond Bar reserves the right to reject any or all bids and to waive any irregularity or informality in any bid to the extent permitted by law. 6. MANDATORY JOB WALK / BIDDER'S EXAMINATION OF SITE: A mandatory job walk will be held on Wednesday, March 29, 2023 at 10:00 am, at City Hall, 21810 Copley Dr. Diamond Bar CA 91765. Each bidder shall examine carefully the site of the proposed work and the contract documents therefore. It will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered as to the character, quality, and quantity of materials to be furnished, and as to the requirements of the contract, specifications and drawings. The name of the individual who examined the site of the work and the date of such examination shall be stated in the proposal. By submitting a bid, the bidder will be held to have personally examined the site and the drawings, to have carefully read the specifications, and to have satisfied himself as to his ability to meet all the difficulties attending the execution of the proposed contract before the delivery of his proposal, and agrees that if he is awarded the contract, he will make no claim against the City of Diamond Bar based on ignorance or misunderstanding of the contract provisions. 7.WITHDRAWAL OF BIDS: Any bidder may withdraw his bid either personally, by written request, or by telegraphic request confirmed in the manner specified above at any time prior to the scheduled closing time for receipt of bids. 8.INSURANCE AND BONDS: The Contractor shall not commence work under this contract until he has secured all insurance and bonds required under this section nor shall he allow any subcontractor to commence work on this subcontract until all similar insurance issued in compliance with this section shall be issued in the form, and be an insurer of the insurers, satisfactory to and first approved by the City in writing. Certificates of Insurance in the amounts required shall be furnished by the Contractor to the City prior to the commencement of work. The Contractor shall maintain adequate Workmen's Compensation Insurance under the laws of the State of California for all labor employed by him or by any subcontractor under him who may come within the protection of such Workmen's Compensation Insurance laws. 6 1293492.1 The Contractor shall maintain public liability insurance to protect said Contractor and the City against loss from liability imposed by law, for damages on account of bodily injury, including death resulting therefrom, suffered or alleged to have been suffered by any person or persons, other than employees, resulting directly or indirectly from the performance or execution of this contract or any subcontract thereunder, and also to protect said Contractor and the City against loss from liability imposed by law, for damage to any property. Damage insurance shall be maintained by the Contractor in full force and effect during the entire period of performance under this contract, in the amount of not less than $2,000,000 for one person injured in the accident and in the amount of not less than $2,000,000 for more than one person injured in one accident and in the amount of not less than $1,000,000 with respect to any property damage aforesaid. The Contractor shall secure with a responsible corporate surety, or corporate sureties, satisfactory bonds conditioned upon faithful performance by the Contractor of all requirements under the contract and upon the payment of claims of materials, men and laborers thereunder. The Faithful Performance Bond shall be in the sum of not less than one hundred percent (100%) of the estimated aggregate amount of the payment to be made under the contract computed on the basis of the prices stated in the proposal. The Labor and Material Bond shall be in the sum of not less than one hundred percent (100%) of the estimated aggregate amount of the payments to be made under the contract computed on the basis of the prices stated in the proposal. 9.INTERPRETATION OF PLANS AND DOCUMENTS: If any person contemplating submitting a bid for proposed contract is in doubt as to the true meaning of any part of the drawings, specifications, or other contract documents, or finds discrepancies in, or omissions from the drawings and specifications, he may submit to the City a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the contract documents will be made only by Addendum duly issued and a copy of such addendum will be mailed or delivered to each person receiving a set of the contract document. No person is authorized to make any oral interpretation of any provision in the contract documents to any bidder, and no bidder is authorized to rely on any such unauthorized oral interpretation. 10. DISQUALIFICATION OF BIDDERS: More than one proposal from an individual, firm partnership, corporation, or association under the same or different names, will not be considered. Reasonable 4/26/2023 7 1293492.1 grounds for believing that any bidder is interested in more than one proposal for the work contemplated will cause the rejection of all proposals in which such bidder is interested. If there is reason for believing that collusion exists among the bidders, all bids will be rejected and none of the participants in such collusion will be considered in future proposals. No award will be made to any bidder who cannot give satisfactory assurance as to his ability to carry out the Contract, both from his financial rating and by reason of his previous experience as a Contractor on work of the nature contemplated in the Contract. The bidder may be required to submit his record of work of similar nature to that proposed under these specifications, and unfamiliarity with the type of work may be sufficient cause for rejection of the bid. 11.INELIGIBLE SUBCONTRACTORS: The successful bidder shall be prohibited from performing work on this project with a subcontractor who is ineligible to perform work on the project pursuant to Section 1777.1 or 1777.7 of the Labor Code. 12.AWARD OF CONTRACT: No proposal will be considered from a Contractor who is not licensed as a Class C-7 contractor at time of award in accordance with the provisions of the Contractor’s License Law (California Business and Professions Code, Section 7000 et seq.) and rules and regulations adopted pursuant thereto or to whom a proposal form has not been issued by the City of Diamond Bar. The City may award the Contract to the lowest responsible bidder on the total base bid. Bids will be compared on the basis of the lowest possible cost relative to the alternate or alternates selected and the Contract, if awarded, will be awarded to a responsible bidder whose proposal complies with the requirements of these specifications. The award, if made, will be made within ninety (90) calendar days after the opening of the proposals; provided that the award may be made after said period of the successful bidder shall not have given the City written notice of the withdrawal of his bid. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Public Contract Code §4104, or engage in the performance of any contract for public work, as defined in the Public Contract Code, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of Labor Code §1771.1 for an unregistered contractor to submit a bid that is authorized by Business and Professions Code § 7029.1 or by Public Contract Code §§ 10164 and 20103.5, provided 8 1293492.1 the contractor is registered to perform public work pursuant to Labor Code § 1725.5 at the time the contract is awarded. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The prime contractor is required to post job sits as prescribed by regulation pursuant to Labor Code § 1771.4 and all contractors must secure the payment of compensation to its employees pursuant to Labor Code § 1869. 13. ALTERNATES: If alternate bids are called for, the Contract may be awarded at the election of the governing board to the lowest responsible bidder on the base bid, or on the base bid and any specified alternate(s). 14.COMPETENCY OF BIDDERS: In selecting the lowest responsible bidder, consideration will be given not only to the financial standing but also to the general competency of the bidder including qualifications, references, proper licensing, adequate workforce and experience for the performance of the work covered by the proposal. 15. QUALIFICATION OF BIDDERS: Each bidder shall be skilled and regularly engaged in the general class (C-7) or type of work called for under the contract. A statement setting forth his/her experience shall be submitted by each bidder on the EXPERIENCE STATEMENT form provided. In addition, the following certifications are required: •Crestron DMC-E-4K, DM-NVX-N, and DMC-D-4K Certification •Crestron Certified Gold Programmer •BiAmp Tesira Certified Programmer •Avixa CTS-D and CTS-I Bidder must have a minimum of five (5) years of experience and have completed three or more, similar projects, in the last five (5) years. 9 1293492.1 EXPERIENCE STATEMENT To be responsive, the bidder must list below a minimum of three public agencies for which bidder has performed similar work within the past five years. Only projects in excess of $250,000 each qualify as similar for this project. 1. Project Title Contract Amount Type of Work Client Agency Project Manager Phone Date Completed % Subcontracted 2. Project Title Contract Amount Type of Work Client Agency Project Manager Phone Date Completed % Subcontracted 3. Project Title Contract Amount Type of Work Client Agency Project Manager Phone Date Completed % Subcontracted NOTE: If requested by the City, the bidder shall furnish a certified financial statement, references, and other information sufficiently comprehensive to permit an appraisal of his current financial condition. Bidder's Signature Wilson Middle School Theater AV-K-12 $479,406.17 Theater AV Installation Wilson Middle School Kathleen Szarek (858) 598-1644 2022 ASU Multipurpose Room $3,318,173.00 ASU MPA- Hockey Arena Jacob Schneider Arizona State University 2022 Jacob.Schneider@mortenson Oceanside PAC-K-12 Performing Arts Center, Audio, Video & Control Systems Integration $938,530.79 Jeremy Swell (760) 901-8200 2018 Oceanside High School 0 0 0 10 1293492.1 Each bidder shall possess a valid Contractor's License issued by the Contractor's State License Board at the time his/her bid is submitted. The class of license shall be applicable to the work specified in the contract. Each bidder shall also have no less than five (5) years of experience in the magnitude and character of the work bid. Bidder Qualifications called for to be submitted at time of bid include, but are not necessarily limited to: 1. The Contractor shall have been in business under the same name and California Contractors License for a minimum of five (5) continuous years prior to the bid opening date for this Project. The license used to satisfy this requirement shall be of same type required by the contract. 2. License classification shall be as required by the contract specifications. 3.The Contractor shall have five (5) years of experience in the application of Polymer Modified Asphaltic Emulsion Chip Seal. 4. The Contractor shall perform at least 50% of contract with its own forces. 16.LISTING SUBCONTRACTORS: Each bidder shall submit a list of the proposed subcontractors on this project as required by the Subletting and Subcontracting Fair Practices Act (Government Code Section 4100 and following). Forms for this purpose are furnished with the contract documents. The name and location of business of any subcontractor who will perform work exceeding 1/2 of 1% of the prime contractor's total bid or ten thousand dollars ($10,000.00), whichever is greater, must be submitted with the bid. Any other information regarding the foregoing subcontractors that is required by City to be submitted may be submitted with the bid, or may be submitted to City up to 24 hours after the deadline established herein for receipt of bids. The additional information must be submitted by the bidder to the same address and in the same form applicable to the initial submission of bid. 17.WORKER'S COMPENSATION: In accordance with the provisions of Section 3700 of the Labor Code, the Contractor shall secure the payment of compensation to his employees. The Contractor shall sign and file with the City the following certificate prior to performing the work under this contract: "I am aware of theprovisions of Section 3700 of the Labor Code which require 11 1293492.1 compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." The form of such certificate is included as part of the contract documents. 18.BID DEPOSIT RETURN: Deposits of three or more low bidders, the number being at the discretion of the City, will be held for ninety (90) days or until posting by the successful bidder of the Bonds required and return of executed copies of the Agreement, whichever first occurs, at which time the deposits will be returned after consideration of the bids. 19. EXECUTION OF CONTRACT: The bidder to whom award is made shall execute a written contract with the City on the agreement form provided, and shall secure all insurance and bonds as herein provided within ten (10) days from the date of written notice of the award. Failure or refusal to enter into a contract as herein provided, or to conform to any of the stipulated requirements in connection therewith shall be just cause for the annulment of the award and the forfeiture of the proposal guarantee. If the successful bidder refuses or fails to execute the Contract, the City may award the Contract to the next lowest responsible bidder or re-advertise. On the failure or refusal of the lowest responsible bidder or next lowest responsible bidder to execute the Contract, such bidder's guarantees shall be likewise forfeited to the City. 20."OR EQUAL": Pursuant to Division 5, Chapter 4, Article 4 (commencing at #4380) Government Code, all specifications shall be deemed to include the words "or equal", provided however that permissible exceptions hereto shall be specifically noted in the specifications. 21. EMPLOYMENT OF APPRENTICES: The Contractor, and all subcontractors, shall comply with the provisions in Sections 1777.5, (Chapter 1411, Statutes of 1968), and 1777.6 of the California Labor Code concerning the employment of apprentices. The Contractor and any subcontractor under him shall comply with the requirements of said sections in the employment of apprentices; however, the Contractor shall have full responsibility for compliance with said Labor Code section, for all apprentice able occupations, regardless of any other contractual or employment relationships alleged to exist. In addition to the above State Labor Code Requirements regarding the employment of apprentices and trainees, the Contractor and 12 1293492.1 all subcontractors shall comply with Section 5 a. 3, Title 29 of the Code of Federal Regulations (29CFR). 22.EVIDENCE OF RESPONSIBILITY: Upon the request of the City, a bidder whose bid is under consideration for the award of the Contract shall submit promptly to the City satisfactory evidence showing the bidder's financial resources, his construction experience, and his organization and plant facilities available for the performance of the contract. 23.WAGE RATES: The Contractor and/or subcontractor shall pay wages as indicated in the "Notice Inviting Sealed Bids" section of these specifications. The Contractor shall forfeit as penalty to the City of Diamond Bar, two hundred dollars ($200.00) for laborers, workmen, or mechanics employed for each calendar day, or portion thereof, if such laborer, workman or mechanic employed is paid less than the general prevailing rate of wages herein referred to and stipulated for any work done under the proposed contract, by him, or by any subcontractor under him, in violation of the provisions of Labor Code, and in particular, Sections 1770 to 1781 inclusive. Copies of all collective bargaining agreements relating to the work as set forth in the aforementioned Labor Code are on file with the Department of Industrial Relations, Division of Labor Statistics and Research. 24.PERMITS, FEES AND LICENSES: The Contractor shall possess a valid business license prior to the issuance of the first payment made under this Contract. Any work required within Caltrans right-of-way will require a separate permit to be obtained by the Contractor. 25.TIME OF COMPLETION AND LIQUIDATED DAMAGES: Bidder must agree to commence work on or before the date of written "Notice to Proceed" of the City and to fully complete the project within three hundred sixty-nine (369) working days thereafter. Bidder must agree also to pay as liquidated damages, the sum of five hundred dollars ($500.00) for each calendar day thereafter. 26.CLAIMS FILING AND PROCESSING: The City and Bidder agree to attempt to orally resolve any disputes which may give rise to a claim (hereafter, "Claim") that falls within the definition of Public Contract Code section 9204 (hereafter, "Section 9204"). If these efforts are unsuccessful, the City and Bidder shall process the Claim in accordance with Section 9204. In summary, if the Bidder decides to submit a Claim to the City, it shall be sent by registered or certified mail, return receipt requested, together with reasonable documentation to support the Claim. A Claim may include a Claim by a subcontractor or 13 1293492.1 a lower tier subcontractor meeting the requirements of Section 9204(d)(5). Within 45 days of receipt of the Claim, or any extension thereof agreed upon by the City and the Bidder, the City will conduct a reasonable review of the Claim and provide the Bidder with a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Payment of any undisputed portion of the Claim shall be made within 60 days after the City issues its written statement. If the City does not provide a written statement within the time specified, the Claim shall be deemed rejected. If the Bidder disputes the City's written statement or if the Claim is deemed rejected, the Bidder may demand in writing by registered or certified mail to the City, return receipt requested, an informal conference to meet and confer in an effort to settle the disputed portion of any Claim. Within 30 days of receipt of such written demand, the City shall schedule a meet and confer conference. If any portion of the Claim remains in dispute after the conference, the City shall, within 10 City business days of the conclusion of the conference, provide the Bidder with a written statement identifying any portion that remains in dispute and any portion that is undisputed. Payment of any undisputed portion shall be made within 60 days after the City issues its written statement. Any remaining disputed portion shall be submitted to nonbinding mediation in accordance with Section 9204(c)(2)(B), unless the Bidder and City waive the mediation upon mutual written agreement. 27.CONFLICT OF INTEREST: In the procurement of supplies, equipment, construction and services by sub-recipients, the conflict-of-interest provisions in (State LCA-24 CFR 85.36 and Non-Profit Organizations – 24 CFR 84.4), OMB Circular A-110, and 24 CFR 570.611, respectively, shall apply. No employee, officer or agent of the sub-recipient shall participate in selection or in award of administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. 14 1293492.1 BIDDER'S PROPOSAL CITY OF DIAMOND BAR WINDMILL/WILLOW ROOM AUDIO VISUAL & PRODUCTION CONTROL ROOM SYSTEMS UPGRADE PROJECT CITY PROJECT NO. FP 23504 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. April 20th 23 Southern California Sound Image, inc. C.F.O, Ralph WagnerC.E.O/ President, David Shadoan VP of Integration, Michael Martin 15 1293492.1 (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. 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 Four Hundred forty-nine thousand 449,000.00 2425 Auto Park Way Escondido 92029 (760) 737-3900 16 1293492.1 BID SCHEDULE CITY OF DIAMOND BAR CONTRACT DOCUMENTS AND SPECIFICATIONS WINDMILL/WILLOW ROOM AUDIO VISUAL & PRODUCTION CONTROL ROOM SYSTEMS UPGRADE PROJECT CITY PROJECT NO. FP 23504 ITEM NO. ESTIMATED QUANTITY UNIT DESCRIPTION WRITTEN IN WORDS UNIT PRICE AMOUNT 1 1 1 Windmill/Willow Room Audio Visual & Production Control Room Systems Upgrade Project MANDATORY BID SCHEDULE ITEMS: TOTAL AMOUNT BID (IN FIGURES)→ TOTAL AMOUNT BID, SCHEDULE (WRITTEN IN WORDS): $449,000.00 $449,000.00 $449,000.00 Four Hundred Forty- Nine thousand 17 1293492.1 Bid Schedule Note: Bid Price indicated refers to all items illustrated on the plans and details, and delineated within the specifications installed and completely in place with all applicable portions of the construction documents and include all costs connected with such items including, but to necessarily limited to, materials, transportation, taxes, insurance, labor, overhead, and profit, for General Contractor and Subcontractors. All work called for on the construction documents are to provide a completed project with all systems operating properly and ready for use. Award will be based on the items of Bid Schedule. Therefore, Contractor shall completely fill out Bid Schedule. Accompanying this proposal is (Insert "$ cash", "cashier's check", "certified check", or "bidder's bond" as the case may be) in the amount equal to at least ten percent (10%) of the total bid. The undersigned further agrees that in case of default in executing the required contract, with necessary bond, within ten (10) days, not including Sundays and legal holidays, after having received notice that the Contract has been awarded and ready for signature, the proceeds of the security accompanying his bid shall become the property of the City of Diamond Bar, and this proposal and the acceptance thereof may be considered null and void. NAME OF BIDDER (PRINT) SIGNATURE DATE ADDRESS CITY ZIP CODE TELEPHONE STATE CONTRACTOR LICENSE NO. AND CLASSIFICATION Mike Martin 2425 Auto Park Way 92029 (760) 737-3900 Escondido CA 633296 C-7, C-10 4/25/2023 44900 Bidder's Bond 18 1293492.1 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. 19 1293492.1 LIST OF SUBCONTRACTORS * BID OPENING DATE WINDMILL/WILLOW ROOM AUDIO VISUAL & PRODUCTION CONTROL ROOM SYSTEMS UPGRADE PROJECT NO. FP 23504 LOCATION: 21810 Copley Dr., Diamond Bar CA 91765 CLIENT: City of Diamond Bar CONTRACTOR Which Subcontractor is No. of Office, Mail, or of Total Contract Description of Subcontract *In compliance with the provisions of the Public Contract Code Section 4104, the undersigned bidder herewith sets forth the name, N/A N/A N/A N/A N/A Southern California Sound Image, Inc. 4/26/2023 20 1293492.1 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 (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. 21 1293492.1 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 23 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 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. X 24 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 2018 2019 2020 2021 2022 TOTA L 2023 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 *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. ________________________________ Signature ________________________________ State Contractor’s Lic. No. & Class ________________________________ _____________________________ Name of Bidder (Print) ______________________________ Address ______________________________ City Zip Code 1293492.1 Telephone 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4/26/2023 FP 23504 2425 Auto Park Way Escondido CA 633296 C-7, C10 (760) 737-3900 86 2.8M 70 5M 53 9.8M 65 23M 92029 0 0 0 2M 60 334 43M Michael Martin 19 1.3M