HomeMy WebLinkAboutDiamond Bar Center Landscape Updates 1600 Grand AveDEPARTMENT OF PUBLIC WORKS
CITY OF DIAMOND BAR
CALIFORNIA
C A L I F 0 R N I A
CONTRACT DOCUMENTS
FOR
DIAMOND BAR CENTER LANDSCAPE UPDATES, 1600 GRAND AVE.
All Questions Regarding This Project Are to be Submitted in Planet Bids
All Bid Documents Are to be Submitted in Planet Bids
Mr. Jason Williams
Maintenance Supervisor
City of Diamond Bar
(909) 839-7059
Jwilliams@DiamondBarCA.Gov
February 8, 2024
BIDDER'S EXAMINATION OF SITE: 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.
Also, per Public Contract Code section 3400(c) (2) the
specified replacement roofing material type and
manufacturer is required "in order to match other products
in use" on the particular project or improvement.
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 - $1,000,000 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 - $1,000,000 per accident for bodily
injury and property damage.
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 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.
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. City also 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 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.
INTERPRETATION OF 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.
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 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.
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.
AWARD OF CONTRACT: No proposal will be considered from a
Contractor who is not licensed as a Class C-27 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 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.
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.
QUALIFICATION OF BIDDERS: Each bidder shall be skilled and
regularly engaged in the general class 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.
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 $20,000 each qualify as similar
for this project.
1.
2
0
Project Title Azusa City Hall
Contract Amount $34,600, including change orders
Type of Work City Hall landscape upgrade
Client City of Azusa
Agency Project Manager Roy Chavez Phone 626-812-5259
Date Completed Ongoing % Subcontracted 0
Project Title City Wide Maintenance
Contract Amount $56,989.40
Type of Work Landscape Maintenance
Client City of Paramount
Agency Project Manager Paul Bebek
Date Completedon going
Project Title Hidden Trails Elementary
Contract Amount $24,890
Type of work Hillside Cleanup
Phone-pbebek@paramountcity.com
% Subcontracted 0
Client Chino Valley Unified School District
Agency Project Manager Jonathan Campbell Phone 909-628-1202 x.1450
Date Completed2/2612024 % Subcontracted 0
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 curre t financial condition.
Bidder's Signature
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 perform at least 50% of
contract with its own forces.
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.
PERMITS, FEES AND LICENSES: The Contractor shall
possess a valid business license prior to the issuance
of the first payment made under this Contract.
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 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.
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.
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 foregoing provisions of the
Public Contract Code Sections 1777.1 or 1777.7 of the Labor
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 February28, 2024 , 201_, at Hacienda Heights, CA (place of
execution).
Signature
Name: Michael Kalta
Title: CEO
Name of Contractor:
Greenfield Landscaping & Maintenance, Inc.
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. Sianincr this Proposal on the signature
Portion thereof shall also constitute signature of this
Statement and uestionnaire.
Bidders are cautioned that making a false certification
may subject the certifier to criminal prosecution
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
Project Identification160O Grand Ave.
City of Diamond Bar Landscape Updates
Bid Date 02/28/2024
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
CURRENT
YEAR
PRIOR TO CURRENT YEAR
2018
2019
2020
2021
2022
TOTAL
2023
No. of Contracts
47
60
49
54
68
278
55
Total dollar amount of
contracts (in 1,000's)
1,287,885
1,749,599
1,452,013
1, 032, 219
1,393,382
6,915,098
2, 502, 881
No. of lost workday cases
0
0
0
0
0
0
0
No. of lost work day
0
0
0
0
0
0
0
cases
involving permanent
0
transfer to
0
0
0
0
0
0
another job or
termination of
0
0
0
0
0
0
0
employment
No. of lost workdays
0
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.
Greenfield Landscaping & Maintenance, Inc.
Name of Bidder (Print
3129 S Hacienda Blvd #384
Address
Class
Hacienda Heights, CA 91745
City
Signature
979377 C-27/ D-49/ C-61
State Contractor's Lic. No. &
626-919-2792
Zip Code Telephone