HomeMy WebLinkAboutBid Package1293492.1
PART I
BIDDING AND CONTRACTUAL
DOCUMENTS
1
1293492.1
CITY OF DIAMOND BAR
NOTICE INVITING SEALED BIDS
FOR MAPLE HILL PARK IMPROVEMENTS PROJECT
CITY PROJECT NO. FP23506D
RECEIPT OF PROPOSALS: Proposals will be received until 2:00 pm Pacific Standard
Time on or before Thursday, July, 11, 2024 for the furnishing of all labor and materials and
equipment for the {Describe work} and other incidental and appurtenant work. All bids or
proposals shall be submitted through the City’s electronic bid management system
(PlanetBids) at https://www.planetbids.com/portal/portal.cfm?CompanyID=39500. At the
time of contract award, the Contractor shall possess a State of California Class B
Contractor’s License or a combination of Class C Specialty Contractor’s License(s)
adequate to perform the work herein described and be registered with the Departmen t of
Industrial Relations per California Labor Code Section 1771.1. All subcontractors shall have
equivalent licenses for their specific trades. The Contractor and all subcontractors shall have
a valid City of Diamond Bar business license prior to commencing any work. The proposals
will be publicly opened and read during an online webinar at 2:00 PM, July 11, 2024. Webinar
details will be published on the City’s electronic bid management system (PlanetBids) at
https://www.planetbids.com/portal/portal.cfm?CompanyID=39500.
DESCRIPTION OF WORK: The work to be performed or executed under these plans and
specifications consists of and includes new accessible parking stalls, new accessible
concrete walks and paving, new playground equipment and wood chip play area, new utility
extension for contractor supplied and installed prefab restroom building, new landscaping
and irrigation modifications; and other incidental and appurtenant work necessary for the
proper construction of the contemplated improvements, as indicated on the project plans for
Maple Hill Park Improvements Project.
MANDATORY PRE-BID MEETING: All prospective bidders are required to attend a
mandatory pre-bid meeting at the project site, 1355 Maple Hill Road, on June 20, 2024, at
9:00 AM. The project team will give a tour of the park and respond to questions.
COMPLETION OF WORK: All work shall be completed within (150) working days after the
Notice to Proceed is issued by the City.
ENGINEER'S ESTIMATE: The Maple Hill Park Improvements Project is estimated to cost
$1,949,401, all in accordance with the provisions of the Plans, Specifications, Notices and
Instructions to Bidders.
OBTAINING CONTRACT DOCUMENTS: Any requests for hardcopy plans, specifications,
and all contract documents may be obtained by a public records request at the office of the
City Clerk, City Hall, 21810 Copley Drive, Diamond Bar, California 91765. A fee may be
assessed for printing, mailing, and other costs to reproduce these records.
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 hu ndred percent
2
1293492.1
(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. The original bid bond shall be submitted to the City Clerk prior to the bid
due date and time. Proof of delivery that is date/time stamped and signed for by the City
Clerk from other couriers other than Certified mail will be accepted. A copy of the proof of
delivery shall be submitted with the bid package by the bid due date.
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 wage s 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 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 (3 0) 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.
3
1293492.1
CITY OF DIAMOND BAR, CALIFORNIA
DATE:
______________________________________
By: David G. Liu, P.E.
Director of Public Works/City Engineer
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, 2021 Edition (with all supplements). All blanks on the
bid form must be appropriately filled in. All bids shall be submitted in sealed envelopes
bearing on the outside the name of the bidder, his address, and the name of the
project for which the bid is submitted. It is the sole responsibility of the bidder to see
that the bid is received in the proper time. Any bid received after the scheduled closing
time for receipt of bids 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 u nless
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
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. 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
5
1293492.1
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 w riting.
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.
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 indirectl y 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
6
1293492.1
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 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 n one 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 AorB 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. Bi ds
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
7
1293492.1
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.
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 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.
8
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 $500,000 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
TECR Restroom #8 Replacement
1.01M
Bathroom Replacement
Orange County
Erik Nelson
3/2024 10
714-759-6535
North Net Training Center
998K
Site Improvements
City of Anaheim
Tracy mcClellan 714-978-7304
11/2023 12
Savage Canyon Side Slope Repair
632k
Earthwork, storm drain, site improvements
City of Whittier
Ryan Rodriguez 562-907-7750
7/2024 3
9
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 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 the provisions of
Section 3700 of the Labor Code which require 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 wi ll 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
10
1293492.1
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 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 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. The Contractor shall obtain a no -fee Encroachment Permit from the
City of Diamond Bar prior to the start of any work.
11
1293492.1
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 ONE HUNDRED FIFTY (150) 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 reques ted,
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.
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.
12
1293492.1
BIDDER'S PROPOSAL
CITY OF DIAMOND BAR
MAPLE HILL PARK IMPROVEMENTS PROJECT
CITY PROJECT NO. FP23506D
Date , 20
To the City Council of the City of Diamond Bar:
The Undersigned hereby declares:
(a) That the only persons or parties interested in this proposal as principals are the following:
(If the bidder is a corporation, give the name of the corporation and the name of its
president, secretary, treasurer, and manager. If a co-partnership, give the name, under
which the co-partnership does business, and the names and addresses of all co-partners.
If an individual, state the name under which the contract is to be drawn.)
(b) That this proposal is made without collusion with any person, firm or corporation.
(c) That he has carefully examined the location of the proposed work and has familiarized
himself with all of the physical and climatic conditions, and makes this bid solely upon his
own knowledge.
(d) That by submitting this Bidder's Proposal, he acknowledges receipt and knowledge of the
contents of those communications sent by the City of Diamond Bar to him at the address
furnished by him to the City of Diamond Bar when this proposal form was obtained.
(e) That he has carefully examined the specifications, both general and detail, and the
drawings attached hereto, and communications sent to him as aforesaid, and makes this
proposal in accordance therewith.
(f) That, if this bid is accepted, he will enter into a written contract for the performance of the
proposed work with the City of Diamond Bar.
(g) That he proposes to enter into such Contract and to accept in full payment for the work
actually done thereunder the prices shown in the attached schedule. It is understood and
agreed that the quantities set forth are estimates and that the unit prices will apply to the
actual quantities whatever they may be.
7/10 24
Marlon Calderon, President
Yampier Aguilar, Vice President
13
1293492.1
Accompanying this proposal is a certified or cashier's check or bidder's bond, payable to
the order of the City of Diamond Bar in the sum of
DOLLARS ($ ).
Said bidder's bond has been duly executed by the undersigned bidder and by a financially sound
surety company authorized to transact business in this state.
It is understood and agreed that should the bidder fail within ten (10) days after award of
contract to enter into the contract and furnish acceptable surety bonds, then the proceeds of said
check, or bidder's bond, shall become the property of the City of Diamond Bar; but if this Contract
is entered into and said bonds are furnished, or if the bid is not accepted then said check shall
be returned to the undersigned, or the bidder will be released from the bidder's bond.
Address of Bidder Telephone of Bidder
City Zip Code Signature of Bidder
PO BOX 1511 Whittier, CA 90609 562-265-8815
Whittier, CA 90609
2,037,716.00
Two million thirty-seven thousand seven hundred
sixteen dollars and zero cents
14
1293492.1
BID SCHEDULE
CITY OF DIAMOND BAR
CONTRACT DOCUMENTS AND SPECIFICATIONS
MAPLE HILL PARK IMPROVEMENTS PROJECT
CITY PROJECT NO. FP23506D
Item No.Description
Estimated
Quantity Unit Unit Price Amount
1 Mobilization/Overhead & Profit 1 Allow
Demolition
2 Site & Building Demolition 1 LS
Earthwork
3 Cut and Fill / Over Excavation 1 Allow
Site Work
4 Concrete Walkway (Broom Finish)2,312 SF
5 Concrete Walkway (Retarded Finish)1,537 SF
6 Retaining Wall at Handicap Ramp 102 LF
7 Ramp at Tot-Lot 370 SF
8 ADA Ramp In To Tot-Lot 1 EA
9 8" x 18" Play Area Curb 54 LF
10 18" Deep Play Area Mulch 4,072 SF
11 12" Concrete Banding 434 LF
12 18" Concrete Banding at Tot-Lot 42 LF
13
Concrete Handicap Ramp at Handicap Parking
Stalls w/ Tact Tile Strip 1 LS
14 3' Rock Cobble Banding 607 SF
15 6" Concrete Curb at Ramp 1 LS
16 6" Concrete Mow Curb 73 LF
17 Galvanized Steel Guard Rail at Parking Lot 200 LF
18
Galvanized Steel Guard Rail / Handrail at Tot-Lot
Ramp 123 LF
19 Galvanized Steel Handrail at Tot-Lot Existing Stairs 2 EA
20 Galvanized Steel Handrail at basketball Steps 2 EA
21
Galvanized Steel Guard Rail / Handrail at
basketball Ramp 1 LS
22 Handicap Parking Striping 1 LS
23 Ramp at Basketball Court 286 SF
24 Concrete Stairs at Basketball Court 24 LF
25 Resurface Basketball Court 1 LS
Site Amenities
26 Prefabricated Restroom Building 1 EA
27 Drinking Fountain 1 EA
28 Concrete Park Bench 6 EA
29 Concrete Trash Receptacle 3 EA
Play Equipment
30 Play Equipment 1 LS
Drainage
31 6" HDPE Pipe 206 LF
32 6" HDPE Perforated Pipe w/ Sock 42 LF
33 3/4" Drainage Rock at Sump 14 CY
34 Filter Fabric Under Wood Mulch 4,072 SF
35 6" Round Drain Inlet 2 EA
36 18" Square Drain Inlet 2 EA
37 18" Concrete "V" Gutter 79 LF
Utilities
38 Domestic Water Line 175 LF
39 Irrigation Water line 118 LF
40 Electrical 5 LF
41 Sewer Line 32 LF
42 Sewer Cleanout 3 EA
$87,750.00 $87,750.00
$162,945.00 $162,945.00
$48,600.00 $48,600.00
$22.50 $52,020.00
$34.00 $52,258.00
$384.00 $39,168.00
$44.00 $16,280.00
$16,200.00 $16,200.00
$262.50 $14,175.00
$9.50 $38,684.00
$33.00 $14,322.00
$337.50 $14,175.00
$20,385.00 $20,385.00
$20.50 $12,443.50
$19,035.00 $19,035.00
$194.00 $14,162.00
$200.00 $40,000.00
$200.00 $24,600.00
$1,750.00 $3,500.00
$1,000.00 $2,000.00
$12,000.00 $12,000.00 $4,958.00 $4,958.00
$71.50 $20,449.00
$850.00 $20,400.00
$10,458.00 $10,458.00
$530,790.00 $530,790.00
$44,739.00 $44,739.00
$2,380.00 $14,280.00
$4,761.00 $14,283.00
$240,650.00 $240,650.00
$134.50 $27,707.00
$331.00 $13,902.00
$487.00 $6,818.00
$1.00 $4,072.00
$6,142.50 $12,285.00
$6,142.50 $12,285.00
$165.00 $13,035.00
$188.00 $32,900.00
$270.00 $31,860.00
$472.50 $15,120.00
$2,970.00 $8,910.00
$728.00 $3,640.00
43 New Backflow Preventer w/ Cage 2 EA
44 Electrical Meter 1 EA
45 Electrical Pannel 1 LS
46 Walkway Light Pannel 1 LS
47 Tennis Court Light Pannel 1 LS
48 New Domestic Water Meter 1 LS
Landscape & Irrigation System
49 Irrigation System 9,150 SF
50 Irrigation Controller - Calescence CS3000 1 EA
51 Fine Grading 9,150 SF
52 Soil Amendments 9,150 SF
53 Sod - Marathon II 7,512 SF
54 1 Gallon Shrubs 183 EA
55 5 Gallon Shrubs 97 EA
56 24" Box Trees 7 EA
57 2" Wood Mulch 1,638 SF
$19,069.00 $38,138.00
$7.50 $68,625.00
$12,285.00 $12,285.00
$3.00 $27,450.00
$3.00 $27,450.00
$2.50 $18,780.00
$45.50 $8,326.50
$8,829.00 $91.00
$1,109.00 $7,763.00
$4.50 $7,371.00
$5,805.00 $5,805.00
$10,972.00 $10,972.00
$5,472.00 $5,472.00
$5,472.00 $5,472.00
$5,472.00 $5,472.00
17
1293492.1
MANDATORY BID SCHEDULE ITEMS:
TOTAL AMOUNT BID (IN FIGURES)→
TOTAL AMOUNT BID, SCHEDULE (WRITTEN IN WORDS):
Bid Schedule Note: Bid Price indicated refers to all items illustrated on the plans and details,
and delineated within the specifications installed and completely in place with all applicable
portions of the construction documents and include all costs connected with such items
including, but to necessarily limited to, materials, transportation, taxes, insurance, labor,
overhead, and profit, for General Contractor and Subcontractors.
All work called for on the construction documents are to provide a completed project with all
systems operating properly and ready for use.
Award will be based on the items of Bid Schedule. Therefore, Contractor shall completely fill out
Bid Schedule.
Accompanying this proposal is
(Insert "$ 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
Bid Bond
Yampier Aguilar 7/10/2024
PO BOX 1511
Whittier, CA 90609 562-265-8815
$2,037,716.00
Two million thirty-seven thousand seven hundred sixteen dollars and zero cents
203,771.6
18
1293492.1
STATE CONTRACTOR LICENSE NO. AND CLASSIFICATION
I declare under penalty of Perjury of the laws of the State of California that the representations
made herein are true and correct in accordance with the requirements of California Business
and Professional Code Section 7028.15.
CONTRACTOR SIGNATURE OR AUTHORIZED OFFICER
988688 Class A & B
19
1293492.1
LIST OF SUBCONTRACTORS *
BID OPENING DATE
PROJECT PROJECT NO.
LOCATION
CLIENT
CONTRACTOR
Name Under Which
Subcontractor is
Licensed
License
No.
&
DIR No.
Address
of
Place of Business
Percent
of
Total
Contract
Specific Description
of
Subcontract
* In compliance with the provisions of the Public Contract Code Section 4104, the undersigned
bidder herewith sets forth the name, location of the place of business, and California
contractor license of each Subcontractor – who will perform work or labor or
7/14/2024
Maple Hill Park Improvements Project FP23506D
Diamond Bar, CA
City of Diamond Bar
Aguilar & Calderon Corporation
Romtec Inc 849246
&
1000002582
18240 North Bank Rd.
Roseburg, OR 97470
Restroom Installer
J PEREZ
ELECTRICAL
INC.
C10943871
&
1000057375
13511 VIRGINIA AVE,
Whittier, CA 90605
Electrician
~25%
~1%
20
1293492.1
render service to the Prime Contractor, specially fabricates and installs a portion of the
work or improvement necessary to complete construction contained in the plans and
specifications, in an amount in excess of one-half (1/2) of one percent (1%) of the General
Contractor’s total base bid amount or, in the case of bids or offers for the construction of
streets or highways, including bridges in excess of one-half of 1 percent (0.5%)of the
Prime Contractor’s total base bid or ten thousand ($10,000.00), whichever is greater, and
the portion of the work which will be done by each Subcontractor.
DECLARATION OF ELIGIBILITY TO CONTRACT
[Labor Code Section 1777.1; Public Contract Code Section 6109]
The undersigned, a duly authorized representative of the contractor, certifies and declares that:
1.The contractor is aware of Sections 1777.1 and 1777.7 of the California Labor Code,
which prohibit a contractor or subcontractor who has been found by the Labor
Commissioner or the Director of Industrial Relations to be in violation of certain provisions
of the Labor Code, from bidding on, being awarded, or performing work as a subcontractor
on a public works project for specified periods of time.
2.The contractor is not ineligible to bid on, be awarded or perform work as a subcontractor
on a public works project by virtue of the foregoing provisions of Sections 1777.1 or
1777.7 of the California Labor Code or another provision of law.
3.The contractor is aware of California Public Contract Code Section 6109, which states:
(a) A public entity, as defined in Section 1100 [of the Public Contract Code], may
not permit a contractor or subcontractor who is ineligible to bid or work on, or be
awarded, a public works project pursuant to Section 1777.1 or 1777.7 of the Labor
Code to bid on, be awarded, or perform work as a subcontractor on, a public works
project. Every public works project shall contain a provision prohibiting a contractor
from performing work on a public works project with a subcontractor who is
ineligible to perform work on the public works project pursuant to Section
1777.1 or 1777.7 of the Labor Code.
(b) Any contract on a public works project entered into between a contractor and
a debarred subcontractor is void as a matter of law. A debarred subcontractor may
not receive any public money for performing work as a subcontractor on a public
works contract, and any public money that may have been paid to a debarred
subcontractor by a contractor on the project shall be returned to the awarding body.
The contractor shall be responsible for the payment of wages to workers of a
debarred subcontractor who has been allowed to work on the project.
4.The contractor has investigated the eligibility of each and every subcontractor the
contractor intends to use on this public works project, and determined that none of them
is ineligible to perform work as a subcontractor on a public works project by virtu e of the
21
1293492.1
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 , 201_, at
(place of execution).
Signature
Name:
Title:
Name of Contractor:
July 10th
2024
Whittier
Yampier Aguilar
Vice President
Aguilar & Calderon Corporation
22
1293492.1
BIDDER'S VIOLATION OF LAW/SAFETY QUESTIONNAIRE
In accordance with Government Code Section 14310.5 and in conformance with Public Contract
Code Section 10162, the Bidder shall complete, under penalty of perjury, the following
questionnaire:
QUESTIONNAIRE
Has the Bidder, any officer, principal or employee of the Bidder who has a proprietary interest in
the business of the Bidder, ever been disqualified, removed, or otherwise prevented from bidding
on or completing a federal, state or local government project because of violation of law or a
safety regulation?
YES NO
If the answer is yes, explain the circumstances in the following space:
STATEMENT
In conformance with Public Contract Code Section 10232, the Contractor, hereby states under
penalty of perjury, that no more than on final unappealable finding of contempt of court by a
federal court has been issued against the Contractor within the immediately preceding two-year
period because of the Contractor’s failure to comply with an order of a federal court which orders
the Contractor to comply with an order of the National Labor 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
23
1293492.1
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
Project Identification
Bid Date
This information must include all construction work undertaken in the State of California by the
bidder and any partnership, joint venture or corporation that any principal of the bidder
participated in as a principal or owner for the last five calendar ye ars and the current calendar
year prior to the date of bid submittal. Separate information shall be submitted for each particular
partnership, joint venture, corporation or individual bidder. The bidder may attach any additional
information or explanation of data, which he would like, taken into consideration in evaluating
the safety record. An explanation must be attached of the circumstances surrounding any and
all fatalities.
ITEM 5 CALENDAR YEARS
PRIOR TO CURRENT YEAR
CURRENT
YEAR
2019 2020 2021 2022 2023 TOTAL
No. of Contracts
Total dollar amount
of
contracts (in 1,000’s)
No. of lost workday
cases
No. of lost work day
cases
involving permanent
transfer to
another job or
termination of
employment
No. of lost workdays
*The information required for this item is the same as required for columns 3 to 6, Code 10,
Occupational Injuries, Summary - Occupational Injuries and Illnesses, OSHA No. 102.
The above information was compiled from the records that are available to me at this time and I
declare under penalty of perjury that the information is true and accurate within the limitations of
these records.
Name of Bidder (Print Signature
Address State Contractor’s Lic. No. & Class
City Zip Code Telephone
FP23506D
Maple Hill Park Improvements Project
7/11/2024
0 0 2 6 5 13
0
0
0
0 0
0
0
0 228 1500 2350 4078
0 0 0 0
0 0 0 0
0 0 0 0
0
0
0
2
2024
500
Aguilar & Calderon Corporation
PO BOX 1511
Whittier, CA 90609
988688 Class A, B
562-265-8815
24
1293492.1
AFFIDAVIT FOR CO-PARTNERSHIP FIRM
STATE OF CALIFORNIA )
)SS
COUNTY OF LOS ANGELES )
, being first duly sworn, 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 h imself 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 , 20
Signature of Officer Administering Oath
(Notary Public)
26
1293492.1
AFFIDAVIT FOR INDIVIDUAL BIDDER
STATE OF CALIFORNIA )
)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)
27
1293492.1
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.
Signature
Subscribed and sworn
to before me this
day of , 20
Signature of Officer Administering Oath
(Notary Public)
BOND No.
1293492.1 34
CERTIFICATION OF NON-DISCRIMINATION AND AFFIRMATIVE ACTION
As suppliers of goods or services to the City of Diamond Bar, the firm listed below certifies that
it does not discriminate in its employment with regards to race, religion, sex, or national origin;
that it is in compliance with all federal, state, and local directives and executive orders regarding
non-discrimination in employment; and that it will pursue an affirmative course of action as
required by the affirmative action guidelines.
We agree specifically:
1.To establish or observe employment policies which affirmatively promote opportunities
for minority persons at all job levels.
2.To communicate this policy to all persons concerned including all company employees,
outside recruiting services, especially those serving minority communities, and to the
minority communities at large.
3.To take affirmative steps to hire minority employees within the company.
FIRM
TITLE OF OFFICER SIGNING
SIGNATURE DATE
Please include any additional information available regarding equal opportunity employment
programs now in effect within your company:
Aguilar & Calderon Corporation
Vice President
7/10/2024
N/A
35
1293492.1
CERTIFICATION WITH REGARD TO THE PERFORMANCE OF
PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE
EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS
The bidder , proposed subcontractor , hereby certifies that he has , has not , participated
in a previous contract or subcontract subject to the Equal Opportunity Clause, as required by
Executive Orders 10925, 11114, or 11246, and that he has , has not , filed with the Joint
Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal
Government contracting or administering agency, or the former President's Committee on Equal
Employment Opportunity, all reports due under the applicable filing requirements.
(COMPANY)
BY:
(TITLE)
DATE: , 20 .
NOTE: The above certification is required by the Equal Employment Opportunity Regulations of
the Secretary of Labor (41 CFR 60-1.7 (b) (1), and must be submitted by bidders and proposed
subcontractors only in connection with contracts and subcontracts which are subject to the Equal
Opportunity Clause. Contracts and subcontracts which are exempt from the Equal Opportunity
Clause are set forth in 41 CFR 60 -1.5. (Generally, only contracts or subcontracts of $10,000 or
under are exempt).
Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or
their implementing regulations.
Proposed prime contractors and subcontractors who have participated in a previous contract or
subcontract subject to the Executive Orders and have not filed the required reports should note
that 41 CFR 60-1.7 (b) (1) prevents the award of contracts and subcontracts unless such
contractor submits a report covering the delinquent period of such other period specified by the
Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S.
Department of Labor.
Aguilar & Calderon Corporation
Vice President
July 10th,24