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HomeMy WebLinkAboutCITY OF DIAMOND BAR FINAL PACKAGEl 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 three years. Only projects in excess of $250,000 each qualify as similar for this project. 1 Project Title LOCAL STREET REHAB PROGRAM Contract Amount $1312987.00 Type of work STREETREPAIRS Client CITY OF NORWALK Agency Project Manager CITYCLERK Phone (562)929-5700 Date Completed 10/05/2023 % Subcontracted 0 2 . Project Title OMNIBUS CONCRETE REPAIR Contract Amount $3700000.00 Type of Work REPLACEMENT OF DAMAGED AND DETERIORATED CONCRETE SIDEWALKS Client CITY OFSANTAANA Agency Project Manager CITY CLERK Phone (714)647-5400 Date Completed DECEMBER2023 % Subcontracted 0 3. Project Title ON CALL MAINTENANCE Contract Amount $922,984.78 Type of work CONCRETE MAINTENANCE Client CITY OF IRVINE Agency Project Manager CITY CLERK Phone (949)724-6000 Date Completed 06/30/2023 % 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 is current financial condition. Bidder's Signature 10 Each bidder shall possess a valid Contractor's License issued by the Contractor's State License Board at the time shall be his/her bid is submitted. The class of license applicable to the work specified in the contract.Ea f bidder shall also have no less than three (3) Years 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 three (3) continuous years prior to the bid opening date for this Project. The license used to recuired by the contract. requis irement shall be of same typ_ I 2. License classification shall be as required by the contract specifications. 3. rs of experience The Contractor shall have three (3) yea in the construction of ADA compliant curb ramps and CDBG work. 9. 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)must be submitted , whichever is greater, 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 for,,, applicable to the initial submission of bid. 17. WORKER' S C0tvIPENSATI0II: 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 the provisions of Section 3700 of the Labor Code which require 11 compensation or to undertake self insurance in accordance with will comply with such the provisions of that code, and I 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) clays or until posting by the successful bidder of the Bonds required and return of executed copies of the Agreement, whichever first occurs, at ohich 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 writte❑ contract with the City on the agreement form provided, and shall secure all insurance and bonds as herein provided within ten (10) clays 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 41 Article 4 lall (commencing at #4380) Government Code, all specificationsrslever be deemed to include the words "or equal", p" that permissible exceptions hereto shall be specifically noted in the specifications. 21. EMPLOYLdE19T OF APPRENTICES: Attention is directed to Sections 1777.5, 1777.6 and 1777.7 of the California Labor Code and Title 8, California Administrative Code, Section 200 seq. to ensure compliance and complete understanding of the law regarding apprentices. The Contractor and any subcontractor under him shall comply with the requirements of said sections the Contractor shall in the employment of apprentices; however, have full responsibility for compliance with said Labor Code section, for all apprenticeable 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 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 the City satisfactory Contract shall submit promptly to his evidence showing the bidder's financial resources, plant construction experience, and his organization and p facilities available for the performance of the contract. 23. WAGE RATES: The Contractor and/or subcontractor shall pay wages as indicated in the "lllotice Inviting Sealed Bids" section of The Contractor shall forfeit as penalty these specifications. ed dollars ($200.00) for to the City of Diamond Bar, two hundr laborers, workmen, or mechanics employed for each calendar clay, 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 hire, 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. 29. PERMITS, FEES "ID LICEI9SES; 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 an to fully complete the project within Proceed" of the City a thirty (30) working days thereafter. Bidder must agree also to pay as liquidated damages, the sum of seven hundred and fifty dollars ($750.00) for each calendar day thereafter. 26. CLAIMS FILING AND PROCESSING: The CitV 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 9209. 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 a lower tier subcontractor meeting the requirements of Section 9204(d)(5). Within 45 clays 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 clays 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 cleemed rejected, the Bicicler 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. 274 COl9FLICT OF INTEREST: I❑ the procurement of supplies, equipment, construction and services by sub -recipients, the conflict of interest provision including, but not limited to, 2 CFR part 200, Subpart B, 200.112, 24 CFR Part 570.611 and 24 CFR part 85, Section 85.36 (b), 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 involvecl. 1 �1 BIDDER'S PROPOSAL CITY OF DIAMOND BAR AREA 4 RESIDENTIAL NEIGHBORHOOD ADA CURB RAMP IMPROVEMENT PROJECT CDEG PROJECT NO. 602604-23 CIP PROJECT NO, SI24104 Date IVI To the City Council of the City of Diamond Bar: The Ondersigned hereby declares: a) That the only persons or parties interested in this proposal as principals are the following: CJ CONCRETE CONSTRUCTION, INC. If the bidder is a corporation, give the Warne 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,�bot.h general and detail, and the drawings attached hereto, and coimnunications sent to him as aforesaid, and makes this proposal in accordance therewith. 15 this bid is ontracu (f) That, fperfoance ofaccepted will proposedwith th thewritten ofc for the mDiamond 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 BID BOND DOLLARS ( $ 10% OF AMOUNT BID) 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. 10142SHOEMAKER AVE Address of Bidder SANTA FE SPRINGS, CA 90670 City Zip Code 16 (562)777-2222 Telepho of Bidder Sign ure of Bidder BID SCHEDULE CITY OF DIAMOND BAR CONTRACT DOCUMENTS AND SPECIFICATIONS AREA 4 RESIDENTIAL NEIGHBORHOOD ADA CURB RAMP IMPROVEMENT PROJECT CDBG PROJECT NO. 602604-23 CIP PROJECT NO. S124104 BASE BID SCHEDULE ITEM EST, DESCRIPTION UNIT NO. QUANT. UNIT WRITTEN IN WORDS PRICE AMOUNT CONSTRUCTION STAKING AND $7500.00 $72500,00 1 1 LS MONUMENT PRESERVATION. REMOVE EXISTING IMPROVEMENTS AND CONSTRUCT CURB RAMP PER SPPWC STD. $7,000.00 $42,000.00 2 6 EA PLAN N0, 111-51 INCLUDING MOBILIZATION, TRAFFIC CONTROL, AND PUBLIC SAFETY. REMOVE EXISTING CURB RAMP OR SIDEWALK AND CONSTRUCT $20.00 $1,900,00 3 95 SF CONCRETE SIDEWALK PER SPPWC STD PLAN 113-2 and 130-2. THERMOPLASTIC TRAFFIC STRIPING, PAVEMENT $5,000,00 $5,000.00 4 1 LS MARKINGS, AND CURB MARKINGS. BASE BID SCHEDULE ITEMS: TOTAL AMOUNT (IN FIGURES)--� $565400,00 BASE BID SCHEDULE TOTAL AMOUNT (WRITTEN IN WORDS): FIFTY-SIX THOUSAND FOUR HUNDRED DOLLARS AND ZERO CENTS ADD ALTERNATE SCHEDULE UNIT PRICE AMOUNT ITEM NO. ES`P. QUANT. UNIT DESCRIPTION WRITTEN IN WORDS AA-1 4 E REMOVE EXISTING IMPROVEMENTS AND CONSTRUCT CURB RAMP PER SPPWC STD. $7,000.00 $28,000.00 ITEM EST, DESCRIPTION UNIT N0, QUANT, UNIT WRITTEN IN WORDS PRICE AMOUNT PLAN NO, 111-5, INCLUDING MOBILIZATION, TRAFFIC CONTROL, AND PUBLIC SAFETY. _ REMOVE EXISTING CURB RAMP OR SIDEWALK AND CONSTRUCT AA-2 20 SF CONCRETE, SIDEWALK PER SPPWC STD PLAN 113-2 and $100,00 $2,000,00 130-2. REMOVE EXISTING CROSS 21142 SF GUTTER AND RECONSTRUCT PER $30.00 $64,260.00 AA-3 SPPWC STD. PLAN 122-3. ADD ALTERNATE SCHEDULE ITEMS: TOTAL AMOUNT (IN FIGURES)-+ L2$9!4j260t00 ADD ALTERNATE SCHEDULE TOTAL AMOUNT (WRITTEN IN WORDS): NINETY FOUR THOUSAND TWO HUNDRED SIXTY DOLLARS AND ZERO CENTS BASE BID + ADD ALTERNATE SCHEDULE ITEMS: TOTAL AMOUNT (IN FIGURES)-+ $150,660.00 BASE BID + ADD ALTERNATE SCHEDULE TOTAL AMOUNT (WRITTEN IN WORDS): ONE HUNDRED FIFTY THOUSAND SIX HUNDRED SIXTY DOLLARS AND ZERO CENTS Bid Schedule Note: Bid Price indicated refers to al]. 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. 1 £3 \, All work called for on the construction documents are to provide a completed project with all systems operating properly and ready for use. The Contractor shall completely fill out the Bid Schedule including Base Bid and Add Alternate. Award of the project shall be determined based on the lowest responsible bidder. The lowest responsible bidder shall be calculated on the sum of "Base Bid" only. Accompanying this proposal is BID BOND (Insert "S 10%OF AMOUNT BID cash "cashier's check", "certified check", or "bidder's bond" as the case may be) in the amount equal to at least ten percent (100) of the total bid. n The undersigned further agrees that in case of default i 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. CJ CONCRETE CONSTRUCTION, INC. MAY 03, 2024 NAME OF BIDDER (PRINT) SIGNATURE DATE 10142 SHOEMAKER AVE ADDRESS SANTA FE SPRINGS 90670 (562)777-2222 CITY ZIP CODE TELEPHONE 720989 - A STATE CONTRACTOR LICENSE N0. AND CLASSIFICATION I declare under penalty of Perju of the laws of the State of California that the representations made ein are true and correct in accordance with the requirements of 1 ornia Business and Professional Code Section 7028.15. JOHN SARNO I PRESIDENT CONTRACTOR SIGNATURE 0 AU HORIZED OFFICER 19 LIST OF SUBCONTRACTORS BID OPENING DATE MAY Uu 2024 CDBG Project No, 602604-23 PROJECT ADA CURB RAMP IMPROVEMENT PROJECT NO, CIP Project No. SI24101 LOCATION AREA 4 RESIDENTIAL NEIGHBORHOOD CLIENT CITY OF DIAMOND BAR CONTRACTOR CJ CONCRETE CONSTRUCTION, INC. Address Percent Specific Name Under License CVof of oescription tra No, Office, Ma.i 1, Total of Subcontractor is or Contract Subcontract Licensed Shop CASE LAND L5411 614N.ECKHOFF STREET SURVEYING SURVEYING, INC. ORANGE CA92868 13% 5312 CYPRESS ST THERMOPLASTIC TRAFFIC SUPERIOR PAVEMENT 776306 8% MARKINGS, AND CURB MARKINGS INC CYPRESS CA 90630 MARKINGS * In compliance with the provisions of the Public Contract Code i4109, the undersigned bidder herewith sets forth the name, Secton location of the place of business, and California contractor 20 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 Contractors 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. z1 DECLARATION OF ELIGIBILITY TO CONTRACT [Labor Code Section 177741; 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 Commlissioner 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 o❑ 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 22 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 MAY03_, 2024, at __LOSANGELES_______�place of execution) SignatNre Name: JOHN SARNO Title: PRESIDENT ldame of Contractor: CJ CONCRETE CONSTRUCTION, INC. 23 BIDDER'S VIOLATION OF LAW/SAFETY QUESTIONNAIRE In accordance with Government Code Section 1431 M 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 tine Bidder, ever been completing a fremoved, state oto erlocal wise i>goveriunentrevented f 1O11o7 bC ddbeCcause of violation of law or a safety regulation? If the answer is yes, explain the circumstances in the following space: STATEMENT In conformance with Public Contract Code Sethatn o02more tlthan onafinal hereby states under penalty of perjury, 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: Questionnaire. Bidders are cautioned that makin a false certifiea subject the certifier to criminal prosecution. GA CONTRACTOR'S INDUSTRIAL SAFETY RECORD Project Identification ADA CURB KAMFIMPROVEMENTS CDBG Project No 602604-23 & CIP Prolect No. S124101 Bid Date MAY 06, 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 three 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 surrounding any and all fatalitCeUR attached of the circumstances RENT ITEM 3 CALENDAR YEARS YEAR PRIOR TO CURRENT YEAR �mt 2022 2023 1 TOTAL 2024 No. of Contracts w I V "' Total dollar amount of 10MM 14MM 20MM 441VIM 30MM contracts in 1,000's No. of lost workday 00 00 00 00 00 cases No, of lost work day cases involving permanent 00 00 00 00 00 transfer to another job or termination of No. of lost workda s cU - 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 unde penalty of perjury that the information is true and accurate w t in the limitations of these records. A CJ CONCRETE CONSTRUCTION INC. Name of Bidder (Print 10142 SHOEMAKER AVE. Address SANTA FE SPRINGS, CA 90670 City Zip Code 7209891 A — State Contractor's Lic. No. & Class (562)777 2222 Telephone 25 AFFIDAVIT FOR CO -PARTNERSHIP FIRM STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) being first duly swornI deposes and says: That he is a member of the co -partnership firm designated as 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. That he has been and is duly vested with authority to make and sign instruments for the co -partnership by who constitute the other members of the co -partnership. Signature Subscribed and sworn to before me this day of Signature of Officer Administering Oath (Notary Public) 26 AFFIDAVIT FOR CORPORATION BIDDER STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) sloviV✓) s yv�vo being first duly sworn, deposes and says: That he is �lr2s 1 p�R�✓1T 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 contra for himself or for any other person. Subscribed and sworn to before me this 5t" pU0.1FEL OA0.CIA Notary Pu 0 & • G111ern4 ■ 3 Los Any�IN County S i Commlssloif DH 1771 .2 My Comm. Fapires Dec 17, tOt6 Sign day of ✓1'�v, Signature of Of 27 cer Administering Oath (Notary Public) AFFIDAVIT FOR INDIVIDUAL BIDDER STATE OF CALIP'ORNIA ) )SS COUNTY OF LOS ANGELES ) being first duly sworn, deposes and says: That he 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. Signature Subscribed and sworn to before me this day of 20 Signature of Officer Administering Oath (Notary Public) 2II AFFIDAVIT FOR JOINT VENTURE STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) being first duly sworn, deposes and says: That he of, one of the parties submitting the foregoing bid as a joint venture and that he has been and is duly vested with the authority to make and sign instruments for and on behalf of the parties making said bid who are: 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 and sworn to before me this Signature 20 Signature of Officer Administering Oath (Notary Public) BOND No. 7.9 f it 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: WHEREAS AREA 4 RESIDENTIAL NEIGHBORHOOD ADA CURB RAMP IMPROVEMENT PROJECT CDBG PROJECT NO. 602604,23 CIP PROJECT N0. SI24104 Ci Concrete Construction, Inc. 10 m/. Shoemaker Ave, Santa Fe Springs, CA (Name and address of Bidder) ("Principal"), desires to submit a bid to Public Agency for the work. WHEREAS, bidders are Public Contract Code bid. required under the provisions of the California to furnish a form of bidder's security with their NOW, THEREFORE, we, the undersigned Principal, and Merchants Bonding Company (Mutual) P O Box 14498, Des Moines, AZ 50306 (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 Amount Bid Dollars ( $ 10% Of AmOUnt B�C� being not less than ten percent (10 0 ) 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. 39 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: April 24, 2024 "Principal" "Surety" CJ Concrete Construction, Inc. Merchants Bonding Company (Mutual) By: By: Note: This bond must be dated, evidence of the authority fact must be attached. By; Ted H Rarrick , Attorney�in-'fact, Its IHl.V_Y 1 �tiQLl� Its all signatures must be notarized, and of any person signing as attorney -in - (Seal) (Seal) 35 CALIFORNIA ALL= PURPOSE CERTIFICATE OF ACKNOWLEDGMENT 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 Coi y n i c�) } County of 1=� �CJ } On 4M.v%,A (01202, before me, Y1nWAy U�+ �'✓� P��li c� risen name and uue or ,de v„ ,M ) personally appeared �D l^ Y7 `�+✓n� who proved to me on the basis of satisfactory evidence to be the person(s) whose name(g) is/awsubscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ieA), and that by his/het/thsir-signature(p�-on the instrument the person(s), or the entity upon behalf of which the person(iV�acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. +MAISELRCIA 7 Notary Public -Califlifarnla WITNESS my hand and official seal. c;osAngelesmmission i.i;vt Ay Comm. Expires Dec 17, l076 Not Public signature(Notary Public Seal) OF THE ATTACHED DOCUMENT (Title or description of attached document) of Pages _Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ElCorporate Officer 2015 Version www.NolaryClasses.cola 800-873-9865 INSTRUCTIONS FOR COMPLETING THIS FORM regm-diug notary wor State of Arizona County of MariCopa On this 24.'h day of April 20 24 before me personally appeared Ted H Rarrick personally known to me or proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are subscribed to the foregoing instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. By: tary P II Jennifer Castillo ary ublic-ARIZONA y Commission Expires: MARICOPA COUNTY Commission No. 603879 :ommiss ion Expires May 16, 2025 May 16, 2025 MERCHANTS BONDING COMPANY,, POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Brandon McKee; Brian R Sawyer; Chrystal Hedges; David J McKee; Jennifer Castillo; Joseph A Clarken III; Melanie Ankeney; Patrick R Hedges; Ted H Rarrick their true and lawful Attorney(s)-in-Fact, to sign its name as surely(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. he Board This Power -of -Attorney is granted and Is signed and sealed by facsimile under and by authority of the following By -Laws adopted f tPower-of-Attorneyof Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seat of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed:" In connection with obligations In favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the Slate of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked untess prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 16th day of April . 2024 MERCHANTS BONDING COMPANY (MUTUAL) y o 'p"p�g160 •, �.�p?O\pf'Ogg4 0 MERCHANTS MERCHANTS NATIONAL I INDEMNITY COMPANY � r :� �.<� o : :OWN cBsi yY0 Vol �!d.� •.. ..: �1:1 , d(t00f r'., : \1 President 11 STATE OF IOWA • ••1"f '••...•' COUNTY OF DALLAS ss. On this 16th day of •I •rApril,l'1' 2024 before me appeared Larry Taylor, to me personally known, who being by me duty sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. _,sa hPatA<S Penni Miller O � Commission Number 757952 _ MY Commission Expires / IOWP January 20, 2027 .� \ { - Norarrj B b (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, t have hereunto set -o- 2003 POA 0018 (1/24) hand and affixed the seal of the Companies on this 241h day of .. .S.�NN fn:1. Secretary April 2024 , CERTIFICATION OF NON-DISCRIMINATION AND AFFIRMATIVE ACTION As suppliers of goods or services to the City of Diamond Bar, the firm listed below certifies that it does not discriminate in its employment with regards to race, religion, sex, or national origin; that it is in compliance with all federal, state, and local directives and executive orders regarding non-discrimination in employment; and that it will pursue an affirmative course of action as required by the affirmative action guidelines. We agree specifically: 1. To establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels. 2. To communicate this policy to all persons concerned including all company employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large. 3. To take affirmative steps to hire minority employees within the company. TITLE OF OFFICER �I�IING JOHN SARNOIPRESIDENT SIGNATURE DATE MAY 03, 2024 Please include) �ny additional information available regarding equal opportunity employment programs now in effect within your company: 36 CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS The bidder proposed subcontractor hereby certifies that he has has not participated in a previous contract or subcontract subject to the Equal Opportunity Clause, as required by Executive Orders 10925, 11114, or 11246, and that he has has not filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. CJCONCRETE (COMPANY) BY: PRESIDENT (TITLE) DATE: MAY06 2024 D10TE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (91 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 d a previous contract or subcontract subject to the Executive Orders an 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. 37 NON -COLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID) The undersigned declares: I am the PRESIDENT of CJCONCRETECONSTRUCTION,ING the party making ------------------- ----------- the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is .genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. 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. All statements contained in the bid are true. 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, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on If 4 [date], at -- U$ANSzELE$[city], -CA__ [sta C_J_CONCRETE _CONSTRUCTION, INC___Business Name Signatur (must be notarized) 10142 SHOEMAKER AVE. SANTA FE SPRINGS CA 90670 Business Address Attach Notary Acknowledgement Form to this form when submitting 38 CALIF®RNIA ACKNOWLPDGMPNT CIVIL CODE § 1189 `ki3F34`d4"rr � � � x;ter�3 f, „f`3tt F^ti Anotary 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 On ✓ k;lj Ge ( %AfJ before me, YY)Ap `ilr d jq=y iKie Ky4tw>„r.( F✓lo,1 i a - -Date Here Insert Name and Title of the Office personally appeared �dht1 5:)t✓no Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons) whose name(a) is/ate subscribed to the within instrument and acknowledged to me that he/sWe/they executed the same in his/her/their authorized capacity(iex} and that by his/heT/theit signature(*on the instrument the person(A), or the entity upon behalf of which the person(93 acted, executed the instrument. I certify under PENALTY OF PERJURY under the Ia Holnry Public • CaliforniaW0.CIA laws of the State of California that the foregoing coosA.°aosCounty1 _ paragraph is true and correct. My Comm. Expires Dec 17, 3@6 WITNESS my hand and official seal. Place Notary Seal and/or Stamp Above Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signers) Other Than Named Above: Capacity(ies) Claimed by Signers) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Trustee ❑Guardian or Conservator ❑ Other: Signer is Representing: IT I Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual Cl Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: