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HomeMy WebLinkAboutLAENG_BIDPROPOSAL_SCANNEDDEPARTMENT OF PUBLIC WORKS OFFICIAL NOTICE Maple Hill Park Improvement Project CIP# FP23506D ADDENDUM NO. 1 The following changes to the contract documents, specifications, and plans for the above project shall be incorporated into the Request for Bids (RFB). The Contractor shall sign this page as acknowledgement of receipt of Addendum No. 1 and attach it to the bid. _� 07/03/2024 David G. Liu, P.E. Date Director of Public Works/City Engineer 06� Contractor's AuFhrs4z4d Signature Aaron O'Brien, Vice President / Secretary PART I BIDDING AND CONTRACTUAL DOCUMENTS 1293492.1 CITY OF DIAMOND BAR NOTICE INVITING SEALED BIDS FOR MAPLE HILL PARK IMPROVEMENTS PROJECT C�lti'll t�l�lx031111011*11y;5*R 39 RECEIPT OF PROPOSALS: Proposals will be received until 2:00 pm Pacific Standard Time on or before Thursday. July,11. 2024for 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/podal.cfm?CompanylD=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 Department 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?CompanylD=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 hundred percent 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 aualifications found in number 15 of the "Information for Bidders" section. pages 4 throuah 8. Bidders who do not meet the minimum aualifications should not submit a bid, as the bids will be considered nonresponsive. PREVAILING WAGE RATE: As required by the California Labor Code, Section 1770 et seq. the City Council of the City of Diamond Bar incorporates herein by reference the general prevailing rate of per diem wages as determined by the Director of Industrial Relations of the State of California. Copies of the prevailing rate of per diem wages are on file in the office of the City Clerk and will be made available to any interested party upon request. In accordance with the Labor Code, no workman employed upon work under this contract shall be paid less than the above referenced prevailing wage rate. A copy of said rates shall be posted at each job site during the course of construction. CONTRACTOR shall forfeit, as penalty to CITY, not more than two hundred dollars ($200.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this AGREEMENT, by him or by any subcontractor under him. Any classification omitted herein shall be paid not less than the prevailing wage scale as established for similar work in the 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 anyand all proposals or bids, should it deem this necessary for the public good, and also the bid of the bidder who has been delinquent or unfaithful in any former contract with the City of Diamond Bar. No bidder may withdraw his bid for a period of thirty (30) days after the date of the bid opening. BID AWARD: Subject to the reservations noted above, the contract will be awarded to the lowest responsible bidder. 1293492.1 CITY OF DIAMOND BAR, CALIFORNIA DATE: By: David G. Liu, P.E. Director of Public Works/City Engineer 1293492.1 INFORMATION FOR BIDDERS 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 unless it conforms substantially to the form furnished by the City, which is bound herein, and is properly filled out and executed. a 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 bylaw. 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 thatthe 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 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 writing. Certificates of Insurance in the amounts required shall be furnished by the Contractor to the City prior to the commencement of work. The Contractor shall maintain adequate Workmen's Compensation Insurance under the laws of the State of California for all labor employed by him or by any subcontractor under him who may come within the protection of such Workmen's Compensation Insurance laws. The Contractor shall maintain public liability insurance to protect said Contractor and the City against loss from liability imposed by law, for damages on account of bodily injury, including death resulting therefrom, suffered or alleged to have been suffered by any person or persons, other than employees, resulting directly or indirectly from the performance or execution of this contract or any subcontract thereunder, and also to protect said Contractor and the City against loss from liability imposed by law, for damage to any property. Damage insurance shall be maintained by the Contractor in full force and effect during the entire period of performance under this contract, in the amount of not less than $2,000,000 for one person injured in the accident and in the amount of not less than $2,000,000 for more than one person injured in one accident and in the amount of not less than $1,000,000 with respect to any property damage aforesaid. The Contractor shall secure with a responsible corporate surety, or corporate sureties, satisfactory bonds conditioned upon faithful performance by the Contractor of all requirements under the contract and upon the payment of claims of materials, men and laborers thereunder. The Faithful Performance Bond shall be in the sum of not less than one hundred percent (100%) of the estimated aggregate amount of the payment to be made under the contract computed on the basis of the prices stated in the proposal. The Labor and Material Bond shall be in the sum of not less than one hundred percent (100%) of the estimated aggregate amount of the payments to 5 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 none of the participants in such collusion will be considered in future proposals. No award will be made to any bidder who cannot give satisfactory assurance as to his ability to carry out the Contract, both from his financial rating and by reason of his previous experience as a Contractor on work of the nature contemplated in the Contract. The bidder may be required to submit his record of work of similar nature to that proposed under these specifications, and unfamiliarity with the type of work may be sufficient cause for rejection of the bid. 11. INELIGIBLE SUBCONTRACTORS: The successful bidder shall be prohibited from performing work on this project with a subcontractor who is ineligible to perform work on the project pursuant to Section 1777.1 or 1777.7 of the Labor Code. 12. AWARD OF CONTRACT: No proposal will be considered from a Contractor who is not licensed as a Class 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. Bids will be compared on the basis of the lowest possible cost relative to the alternate or alternates selected and the Contract, if awarded, will be awarded to a responsible bidder whose proposal complies with the requirements of these specifications. The award, if made, will be made within ninety (90) calendar days after the opening of the proposals; provided that the award may be made after said period of the successful bidder shall not have given the City written notice of the withdrawal of his bid. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Public Contract Code §4104, or engage in 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. 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 Chino Hills Community Park Turf Replacement Phase 2 Contract Amount _ 899,587.24 Type of Work Turf Installation and park improvements Client City of Chino Hills Agency Project Manager Fe Rama Phone 909-364-2776 Date Completed February 2024 % Subcontracted 5.24 2. Project Title Saddleback College Campus Rebid Contract Amount 7,260,071.95 Type of Work Landscape and irrigation improvements, hardscape improvements Client SOCCCD Agency Project Manager Mary Opel Phone 949-433-5045 Date Completed October 2023 % Subcontracted lo.o9 3. Project Title Monte Vista Park Right of Way Improvements Contract Amount 1,293,096.58 Type of Work Park improvements and modifications Client City of Chino Agency Project Manager Keith Martinez Phone 909-334-3421 Date Completed October 2023 % Subcontracted 21.84 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 1\ 1 Aaron O'Brien, Vice President / Secretary 8 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 will be returned after consideration of the bids. 19. EXECUTION OF CONTRACT: The bidder to whom award is made shall execute a written contract with the City on the agreement form provided, and shall secure all insurance and bonds as herein provided within ten (10) days from the date of written 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. 10 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 daythereafter. 26. CLAIMS FILING AND PROCESSING: The City and Bidder agree to attempt to orally resolve any disputes which may give rise to a claim (hereafter, "Claim") that falls within the definition of Public Contract Code section 9204 (hereafter, "Section 9204"). If these efforts are unsuccessful, the City and Bidder shall process the Claim in accordance with Section 9204. In summary, if the Bidder decides to submit a Claim to the City, it shall be sent by registered or certified mail, return receipt requested, together with reasonable documentation to support the Claim. A Claim may include a Claim by a subcontractor or 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. 11 1293492.1 BIDDER'S PROPOSAL CITY OF DIAMOND BAR MAPLE HILL PARK IMPROVEMENTS PROJECT CITY PROJECT NO. FP23506D Date July ttth 20 24 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: Los Angeles Engineering, Inc. - Corporation, Angus O'Brien - President, Aaron O'Brien - Vice President / Secretary, Melody Turner- CFO (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 orcorporation. (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. 12 1293492.1 Accompanying this proposal is a certified or cashier's check oKidder's bond ayable to the order of the City of Diamond Bar in the sum of Ten Percent of Bid Amount DOLLARS ($ to% ). Said bidder's bond has been duly executed by the undersigned bidderand 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. 633 N. Barranca Ave Address of Bidder Covina city 91723 Zip Code 13 1293492.1 626-454-5222 Telephone of Bidder Signature of Bidder Aaron O'Brien, Vice President / Secretary BID SCHEDULE CITY OF DIAMOND BAR CONTRACT DOCUMENTS AND SPECIFICATIONS MAPLE HILL PARK IMPROVEMENTS PROJECT CITY PROJECT NO. FP23506D 14 129349'.1 Item No. Description Estimated Quantity Unit Unit Price Amount 1 (Mobilization/Overhead & Profit 1 Allow ,3 Eke OCYO _ �iQO L7©i7 2 ;Site & Building Demolition 1 LS 1 3 50vD -" 135GE0 - 3 Cut and Fill / Over Excavation 1 Allow I IQ ce 4 Concrete Walkway (Broom Finish) 2,312 SF - L�(aY - 5 Concrete Walkway (Retarded Finish) 1,537 SF I b' S 6 Retaining Wall at Handicap Ramp 102 LF 5 7 Ramp at Tot -Lot 370 SF p"l-o - QO - 8 ADA Ramp In To Tot -Lot 1 EA (p8v 69DINOi 9 8" x 18" Play Area Curb 54 LF C29 70 - 10 18" Deep Play Area Mulch 4,072 SF ao 3(o0 - 11 12" Concrete Banding 434 LF 3D' 3 pZ 0 '- 12 13 18" Concrete Banding at Tot -Lot Concrete Handicap Ramp at Handicap Parking Stalls w/ Tact Tile Strip 42 1 LF LS _ /470 - 3400 -- 14 3' Rock Cobble Banding 607 SF Q ' I SZI Q- 15 6" Concrete Curb at Ramp 1 LS 150p - 15 16 6" Concrete Mow Curb 73 LF- _ 17 18 Galvanized Steel Guard Rail at Parking Lot Galvanized Steel Guard Rail / Handrail it Tot -Lot Ramp 200 123 LF LF d-al0,- _ ;17 O(o0 19 Galvanized Steel Handrail at Tot -Lot Existing Stairs 2 EA agOD 20 Galvanized Steel Handrail at basketball Steps 2 EA $fl0 "- Stogy 21 Galvanized Steel Guard Rail / Handrail at basketball Ramp 1 LS 1 7S00^ l T 5t:0 _ 22 Handicap Parking Striping 1 LS f0 VVV - (vet - 23 Ramp at Basketball Court 286 SF- 24 Concrete Stairs at Basketball Court 24 LF (p LO - - 25 Resurface Basketball Court 1 LS Bl)•0 "_ I DUO Prefabricated Restroom Building 1 EA 5c) - � �50 CLWDrinking Fountain 1 EA 0(� - 0ftD-Concrete F28 Park Bench 6 EA Concrete Trash Receptacle 3 EA 3en�jD l 30 Play Equipment 1 LS -7 7,11 31 6" HOPE Pipe 206 LF-- 32 6" HDPE Perforated Pipe w/ Sack 42 LF 33 3/4" Drainage Rock at Sump 14 CY 34 Filter Fabric Under Wood Mulch 4,072 SIF 0 . rjQ ap3'0 - 35 6" Round Drain Inlet 2 EA 75 n - S00 - 36 18" Square Drain Inlet 2 EA ayep- $YCD -- 37 18" Concrete "V" Gutter 79 LF 38 Domestic Water Line 175 LF , i� ` -'2 b 250 ` 39 Irrigation Water line 118 LF - p- 40 Electrical 5 LF -7()CQ- 41 Sewer Line 32 LF O&D - G!� - 42 Sewer Cleanout 3 E4 43 New Backflow Preventerw! Cage 2 EA j eO — 44 Electrical Meter 1 EA 000 — 1 - 45 Electrical Pannell 1 LS 000 — 46 Walkway Light Pannel 1 LS Qyf) — QM 47 Tennis Court Light Panne] 1 LS 7COD ' 6M — 48 New Domestic Water Meter 1 LS 49 Irrigation System 9,150 SF - 50 Irrigation Controller- Calescence CS3000 1 EA Zp� — 51 Fine Grading 9,150 SF 6 , p '] 52 Soil Amendments 9,150 SF (o -- 53 Sod - Marathon II. 7,512 SF �25'- 54 1 Gallon Shrubs 183 EA it " 3 Z9 ` 55 5 Gallon Shrubs 97 EA , j $ —- 56 24"Box Trees 7 EA I 77m- 57 2" Wood Mulch 1,638 SF -3 — MANDATORY BID SCHEDULE ITEMS: TOTAL AMOUNT BID (IN FIGURES) CQ TOTAL AMOUNT BID, SCHEDULE (WRITTEN IN WORDS): 'Yugo MI/If M -i� Mir �}1f e2 � �rX iv -r-& c6)1k- 5 a++eC zarD LrM �S 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 Bidder's Bond (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. Los Angeles Engineering, Inc. Ilk 07/11/2024 NAME OF BIDDER (PRINT) SIGNATURE DATE Aaron O'Brien, Vice President / Secretary 633 N. Barranca Ave. ADDRESS Covina 91723 626-454-5222 CITY ZIP CODE TELEPHONE 17 1293492.1 591176- A,B,C10,C27,C61/D12,HAZ 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. fbAaron O'Brien, Vice President / Secretary CONTRACTOR SIGNATURE OR AUTHORIZED OFFICER 18 1293492.1 LIST OF SUBCONTRACTORS * PROJECT Maple Hill Park Improvement Project LOCATION 1355 Maple Hill Rd, Diamond Bar, CA 91765 CLIENT_ City of Diamond Bar CONTRACTOR Los Angeles Engineering, Inc. BID OPENING DATE 07/11/2024 PROJECT NO. FP23506D Name Under Which Subcontractor is Licensed License No. & DIR No. Address of Place of Business Percent of Total Contract Specific Description of Subcontract WQlljcv'A 4 zvtc2 $705T 1 W=196-a S3o5.0 p,�s5 b4. Yf q, 5 "!a LA H�;�'a cA90b ( �Tm 4e,�- ILh 241. ocetba5�s� 16Mo ALA N k- JW . 13 , 390 :145 oe 4"u no, 17470 L�rh l (knrn/�i� �G.r i-tt,S Li Ir�briie3o-� q 67 Oa IV- l� b•5 �O l e� c12 ` e C14 �11711 C •�' lei' IJ Gros `�b7`17rjl4kA lewco33�� E1 Mo Ik hoS4. a.a�o Pl 4OU �e,,1�na �tgz335 C 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 19 1293492.1 LIST OF SUBCONTRACTORS " BID OPENING DATE 07/11/2024 PROJECT Maple Hill Park Improvement Project PROJECT NO. FP23506D LOCATION 1355 Maple Hill Rd, Diamond Bar CA 91765 CLIENT City of Diamond Bar CONTRACTOR Los Angeles Engineering, Inc. 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, th bidder herewith sets forth the name, location of the place of business, contractor license of each Subcontractor— who will perform work or labor 19 1293492.1 e undersigned and California or LIST OF SUBCONTRACTORS * BID OPENING DATE 07/11/2024 PROJECT Maple Hill Park Improvement Project PROJECT NO. FP23506D LOCATION 1355 Maple Hill Rd, Diamond Bar CA 91765 CLIENT City of Diamond Bar CONTRACTOR Los Angeles Engineering Inc. 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 19 1293492.1 LIST OF SUBCONTRACTORS * BID OPENING DATE 07/11/2024 PROJECT Maple Hill Park Improvement Project PROJECT NO. FP23506D LOCATION 1355 Maple Hill Rd, Diamond Bar CA 91765 CLIENT City of Diamond Bar CONTRACTOR Los Angeles Engineering Inc. 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 19 1293491.1 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: The contractor is aware of Sections 1777.1 and 1777.7 of the California Labor Code, which prohibit a contractor or subcontractor who has been found by the Labor Commissioner or the Director of Industrial Relations to be in violation of certain provisions of the Labor Code, from bidding on, being awarded, or performing work as a subcontractor on a public works project for specified periods of time. 2. The contractor is not ineligible to bid on, be awarded or perform work as a subcontractor on a public works project by virtue of the foregoing provisions of Sections 1777.1 or 1777.7 of the California Labor Code or another provision of law. 3. The contractor is aware of California Public Contract Code Section 6109, which states: (a) A public entity, as defined in Section 1100 [of the Public Contract Code], may not permit a contractor or subcontractor who is ineligible to bid or work on, or be awarded, a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code to bid on, be awarded, or perform work as a subcontractor on, a public works project. Every public works project shall contain a provision prohibiting a contractor from performing work on a public works project with a subcontractor who is ineligible to perform work on the public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code. (b) Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract, and any public money that may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the awarding body. The contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project. 4. The contractor has investigated the eligibility of each and every subcontractor the contractor intends to use on this public works project, and determined that none of them is ineligible to perform work as a subcontractor on a public works project by virtue of the 20 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 July 20A_, at Covina, CA (place of execution). 1 tth 2024 ". ) Signature Name: Aaron O'Brien Title: Vice President / Secretary Name of Contractor: Los Angeles Engineering, Inc. 21 1293492.1 BIDDER'S VIOLATION OF LAW/SAFETY QUESTIONNAIRE In accordance with Government Code Section 14310.5 and in conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: QUESTIONNAIRE Has the Bidder, any officer, principal or employee of the Bidder who has a proprietary interest in the business of the Bidder, ever been disqualified, removed, or otherwise prevented from bidding on or completing a federal, state or local government project because of violation of law or a safety regulation? YES NO x If the answer is yes, explain the circumstances in the following space: STATEMENT In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than on final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. NOTE: The above Statement and Questionnaire are part of the Proposal. Sianing this Proposal on the sianature 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. 1293492.1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD Project Identification Maple Hill Park Improvement Project Bid Date 07/11/2024 This information must include all construction work undertaken in the State of California by the bidder and any partnership, joint venture or corporation that any principal of the bidder participated in as a principal or owner for the last five calendar years and the current calendar year prior to the date of bid submittal. Separate information shall be submitted for each particular partnership, joint venture, corporation or individual bidder. The bidder may attach any additional information or explanation of data, which he would like, taken into consideration in evaluating the safety record. An explanation must be attached of the circumstances surrounding any and all fatalities. ITEM 5 CALENDAR YEARS CURRENT PRIOR TO CURRENT YEAR YEAR 2019 2020 2021 2022 2023 TOTAL No. of Contracts 11 7 13 5 8 44 4 Total dollar amount of 44,844, 20,865, 41,020,879 29,511, 107,962,133 244,103, 970 11,030,800 contracts In 1 ,000,S 848 044 066 No. of lost workday cases 1 3 2 1 1 7 0 No. of lost work day cases involving permanent transfer to another job or 0 o o 0 0 0 0 termination of employment No. of lost workdays 20 36 34 4 65 159 0 *The information required for this item is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary - Occupational Injuries and Illnesses, OSHA No.102. The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of these records. _Los Angeles Enaineerina. Inc. 46 Name of Bidder (Print Signature Aaron O'Brien, Vice President/ Secretary 633 N. Barranca Ave 591176 - A.B,C10,C27C61/D12,HAZ Address State Contractor's Lic. No. & Class Covina 91723 626-454-5222 City Zip Code Telephone 23 1293492.1 Form is Not Required As Los Angeles Engineering, Inc. is a Corporation 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 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. Subscribed and sworn to before me this day Signature Signature of Officer Administering Oath (Notary Public) 24 1293492.1 AFFIDAVIT FOR CORPORATION BIDDER STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) Aaron O'Brien , being first duly sworn, deposes and says: That he Is Vice President / Secretary of, Los Angeles Engineering, Inc. a corporation which is the party making the foregoing proposal or bid; that such bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Diamond Bar or any person interested in the proposed contract, for himself or for any other person. Signature Aaron O'Brien, Vice President/ Secretary Subscribed and sworn to before me this day of 20 See Attached Notary Jurat Signature of Officer Administering Oath (Notary Public) 25 1293492.1 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Anqeles Subscribed and sworn to (or affirmed) before me on this IIth day of July 20 24, by Aaron O'Brien proved to a on the basis of satisfactory evidence to be the personj.e) who appeared before me. (Seal) Signature JOSEPH HAYG000 COMM. #2489310 z Notary Public - California o z Los Angeles County Comm. Ez lres Ma 17, 2628 Form is Not Required As Los Angeles Engineering, Inc. is a Corporation 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) 26 1293492.1 Form is Not Required As Los Angeles Engineering, Inc. is a Corporation 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 27 1293492.1 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: 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 Los Angeles Engineering, Inc. TITLE OF OFFICER SIGNING Aaron O'Brien 61 Eel ►TO 07/11/2024 Please include any additional information available regarding equal opportunity employment programs now in effect within your company: EOE policy is included with all new hire packets. It is also available upon request for anyone that is applying for a position 1293492.1 34 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 x, proposed subcontractor , hereby certifies that he has x , 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 x , 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 theapplicable filing requirements. Los Angeles Engineering, Inc. (COMPANY) BY: b Aaron O'Brien, Vice President / Secretary (TITLE) DATE: July t tth 20 24 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 contractor subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7 (b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period of such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. 35 1293492.1 NON -COLLUSION AFFIDAVIT TO: THE CITY OF DIAMOND BAR: STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) Aaron O'Brien , being first duly sworn, deposes and says that he or she is Vice President / of Secretary Los Angeles Engineering, Inc. , the party making the foregoing bid, that the bid is not made in the interest of or on behalf of, any undisclosed person, partnership, company association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited another bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contact or anyone interested in the proposed contract; that all statements contained in the bid are true; and further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Signatu—of Bidder Aaron O'Brien, Vice President / Secreatry STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) Subscribed and sworn to before me this —day of ,20 See Attached Notary Jurat Notary Public in and for the County of State of California 36 1293492.1 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Ancieles Subscribed and sworn to (or affirmed) before me on this 11th day of July , 20 24 , by Aaron O'Brien proved tome on the basis of satisfactory evidence to be the persorn,(.swho appeared before me. (Seal) JOSEPH MAYCOOD COMM. #2489310 z z : a e Notary Public • California o Los Angeles County M Comm. Ex Tres Ma 17, 2028 MINUTES OF SPECIAL MEETING OF THE BOARD OF DIRECTORS OF LOS ANGELES ENGINEERING, INC. A California Corporation The Directors of LOS ANGELES ENGINEERING, INC., A California Corporation, held the special Meeting of the Board of Directors at 633 N. Barranca, Covina, California, on January 3, 2024 at the hour of 9:00 a.m. for the purpose of passing on any business which might be brought before the meeting, Board: There were present at said meeting the following Directors, constituting a quorum of the full ANGUS O'BRIEN AND AARON O'BRIEN. ANGUS O'BRIEN acted as Chairman of the meeting and AARON O'BRIEN acted as Secretary of the meeting. RESOLVED —Angus O'Brien, Aaron O'Brien and Melody Turner as Officers are authorized to sign bid documents and contracts concerning the corporation business and thereby bind the corporation to the contract and is authorized to do all things necessary and properly to carry out negotiations and execution of contracts with a public agency. RESOLVED —The following persons are confirmed as the duly elected officers, serving in their said capacity until their successors are elected and qualified: Angus O'Brien President Aaron O'Brien Vice President Aaron O'Brien Secretary Melody Turner Chief Financial Officer There being no further business to come before the meeting and upon motion duly made, seconded and unanimously carried, the meeting was adjourned. ATTEST: Angus O'Brien, Chairman and President Aaron O'Brien, Secretary This Corporate Resolution is in force. Signet! this � � day of �v`J � __, 2024 Aaron O' nen, Secretary KNOW ALL PERSONS BY THESE PRESENTS that, WHEREAS the City of Diamond Bar ("City"), has issued an invitation for bids for thework described as follows: Maple Hill Park Improvements Project Project No. IPII I06D Los Angeles Engineering, Inc., 633 N. Barranca Avenue, Covina, CA 91723 ("Principal"), desires to submit a bid to Public Agency for the work. WHEREAS, bidders are required under the provisions of the California Public Contract Code to furnish a form of bidder's security with their bid. NOW, THEREFORE, we, the undersigned Principal, Mutual Insurance Company, 790 The City Drive, South, Suite 200, Orange, CA 92868 (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 the Bid Amount Dollars($ 10%oftheBid ), being not less than ten percent (10%) of the total bid price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal is awarded a contract for the work by City and within the time and in the manner required by the bidding specifications, entered into the written form of contract included with bidding specifications, furnishes the required bonds, one to guarantee faithful performance and the other to guarantee payment for labor and materials, and furnishes the required insurance coverages, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. In case suit is brought upon this bond, Surety further agrees to pay all court costs incurred by City in the suit and reasonable attorneys' fees in an amount fixed by the court. Surety hereby waives the provisions of California Civil Code § 2845. 32 1293492.1 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. July 1, 2024 "Principal" Los Angeles Engineering, Inc. "Surety" Liberty Mutual Insurance Company r.. By: By: Its Qw or a'Qfii.l� J.eCJ°ftSY.QLv.�/b1rz By; Lisa L. Thornton, Attorney in Fact By: Its Its Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in -fact must be attached. (Seal) 1293492.1 33 (Seal) 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 California County of Los Angeles ) On 07/08/2024 before me, Joseph Haygood, Notary Public (insert name and title of the officer) personally appeared Aaron O'Brien who proved to me on the basis of satisfactory evidence to be the person(a)'whose name(a' Ware` subscribed to the within instrument and acknowledged to me that he/shelTwexecuted the same in his/Wr ttigir authorized capacity(ies°rand that by his/Wher signature(s�'on the instrument the person,(gror the entity upon behalf of which the persorAsl'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. WITNESS my hand and official seal. (Seal) EaIOSEPH HAYGOOD COMM. #2489310 z Notary Public - California o z Los Angeles County Comm. Expires M2X U, 2028� CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. State of California ) ss County of Los Angeles ) On �ta`­-� 1 1 may[" before me, Maria Pena, Notary Public, personally appeared Lisa L. Thenton, who proved to me on the basis of satisfactory evidence to be the person whose name{4 is/are subscribed to the within instrument and acknowledged to me that #re{she{they executed the same in his/her/their authorized capacity{ies4, and that by 4is{herA4e�F signatures) on the instrument the person{4, or the entity upon behalf of which the persons) 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. WITNESS my hand and official seal. MARIA PENA W Notary Public -California Los Angeles County Commission N 2419224 MV Comm. Expires Oct 2, 2026 Signature: (Seal) Maria Pena, Notary Public This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Liberty Mutual Insurance Company mutuo The Ohio Casualty Insurance Company Certificate No: 8204962-977459 SURETY West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, C. K. Nakamura, E. S. Albrecht Jr., Jessica L. Rosser, Lisa L. Thornton, Maria Pena, Natalie K. Trotimoff, Noemi Quiroz, Patricia S. Arena, Tim M. Tomko all of the city of Los Angeles state of CA each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 4th day of March , 2021 . Liberty Mutual Insurance Company CD The Ohio Casualty Insurance Company West American Insurance Company �� ZO �M4NP4N,dD$ Yd, xNnIRNP .aD$ n„en M 7s,. n«hf— r sa,,.m�,,, State of PENNSYLVANIA County of MONTGOMERY ss On this 4th day of March , 2021 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes' ;herein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. 9P PAST QF'�yoNW F( Commonxeallh of Pennsylvania - Notary Seal F u �<= v TereMe PasrellegN un Public Montgomery Manly OF My commission expires Ma i 2a2025 B v Commission number 1126844 Y y� 4srdP`' �c, Memher, Pennsylvania Hsmcia6on of N,Xe,ies erase Pastella, Notary Public '4kY Ply This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV — OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeysin-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeysin-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granling such power or authority. ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fad, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fad subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation —The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fad as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. 1, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attomey of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this i day of , LA L—7� INSU 1NSUq jJP4 Ma�R9'fmm (099( Y'r oavoryrR �4c C" o m 0 1912�(` s 1991 0 Yd' 9 BACNNS' D Y MOIPNP D BY. dg7y * hid sgM * hNd Renee C. Llewellyn, Assistant Secretary WS-12873 LMIC OCIC WAIC Muni Co 02121