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Maple Hill Park Improvement_PF23506D - TNG Bid Documents
BIDDER'S PROPOSAL CITY OF DIAMOND BAR MAPLE HILL PARK IMPROVEMENTS PROJECT CITY PROJECT NO. FP23506D Date.July 11 2024 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: The Nazerian Group Vartan Nazerian, President (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 wasobtained. (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 12934911 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 (1 D) 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. 17514 Ventrua Blvd. #204 Address of Bidder Encino, CA 91316 818-990-51 5 ' Teleph n of Bi der City Zip Code Signjt6f Vidder 13 1293492.1 WPM CITY OF DIAMOND BAR CONTRACT DOCUMENTS AND SPECIFICATIONS MAPLE HILL PARK IMPROVEMENTS PROJECT CITY PROJECT NO. FP23506D 14 1293492.1 Item No. Description Estimated Quantity Unit Unk Price Amount t MobilizationlOverhead & Profit 1 1 Allow S 513364.331 $ 513,364.33 Demolition 2 Site & Building Demolition 1 LS S 133,379.00 $ 133.379.00 Earthwork 3 Cut and Fill I Over Excavation 1 Allow S 100,000.00 $ I00,000.00 Site Work 4 Concrete Walkway (Broom Finish) 2,312 SF S 12.50 $ 28,900.00 5 Concrete Walkway (Retarded Finish) 1,537 SF $ 12.50 $ 19,212.50 6 Retaining Wall at Handicap Ramp 102 LF $ 300.00 $ 30.600.00 7 Ramp at Tot -Lot 370 SF $ 40,00 $ 14,800.00 8 ADA Ramp In To Tot -Lot 1 EA $ 5,000.00 $ 5,000.00 9 8' x 18" Play Area Curb 54 LF $ 50.00 $ 2,700.00 10 18° Deep Play Area Mulch 4,072 SF $ 8.00 $ 32,576.00 11 17ConcreteBanding 434 LF $ 50.00 $ 21,700.00 12 18' Concrete Banding at Tot -Lot 42 LF $ 75.00 $ 3,150.00 13 Concrete Handicap Ramp at Handicap ParkingStalls wl Tact Tile Strip 1 LS $ 2D,000.00 $ 20,000.00 14 3' Rock Cobble Banding 607 SF $ 21.44 $ 13,014.08 15 6" Concrete Curb at Ramp 1 LS $ 2,500.00 $ 2,500.00 16 6' Concrete Mow Curb 73 LF $ 500-00 $ 31 17 Galvanized -Steel Guard Rail at Parking Lot 200 LF $ 2D0.00 $ 40,000.00 18 Galvanized Steel Guard Rail 1 Handrail at Tot-LotRamp 123 LF $ 200.00 $ 24,600.00 19 Galvanized Steel Handrail at Tot -Lot Existing Stairs 2 EA $ 2,600,00 $ 5,200.00 20 Galvanized Steel Handrail at basketball Steps 2 EA $ 2,600.00 $ 5,200.00 21 Galvanized Steel Guard Rail Handrail atbaskethall Ramp 1 LF $ 16,090.00 $ 16,000.00 22 Handicap Parking Striping 1 LS $ 5.050,00 $ 5,050.00 23 Ramp at Basketball Court 286 SF $ 40.00 $ 11,440.00 24 Concrete Stairs at Basketball Court 24 LF $ 200.00 $ 4,800.00 25 Resurface Basketball Court 1 LS $ 20,000,00 $ 20,000.00 Site Amenities 26 Prefabricated Restroom Building 1 FA $ 570,899,47 $ 570,899.47 27 Drinking Fountain i EA $ 115,501 $ 16,500.00 28 Concrete Park Bench 6 EA $ 3,150.00 $ 18,90D.00 29 Concrete Trash Receptacle 3 FA $ 4,800,00 $ 14,400.00 Play Equipment 30 Play Equipment 1 LS $ 199,561.05 $ 199,561.05 Drainage 31 6" HOPE Pipe 206 LF $ 50.00 $ 10,300.D0 32 6' HDPE Perforated Pipe wl Sock 42 LF $ 75,00 $ 3,150.00 33 314" Drainage Rock at Sump 14 CY $ 4D0.00 $ 5,600.00 34 Filter Fabric Under Wood Mulch 4,072 SF $ 3.00 $ 12,216.00 35 6' Round Drain Inlet 2 EA $ 2,000.00 $ 4,000.00 36 18' Square Drain Inlet 2 EA $ 5,000.00 $ 10,000.00 37 18' Concrete "V" Gutter 79 LF $ 1D0.00 $ 7,900,00 Utilities 38 Domestic Water Line 175 LF $ 17.05 S 2,983.75 39 Irrigation Waterline 118 LF $ 35.59 $ 4,199.62 40 Electrical 5 LF $ 2,500.00 $ 12,500.00 41 Sewer Line 32 LF $ 100.00 $ 3,200,00 42 Sewer Cleanout 3 Fes, $ 1,000.00 $ 3,000.00 43 New Backilow Preventer wl Cage 2 EA $ 12,327.50 $ 24,656.00 44 Electrical Meter 1 FA S 14,458.00 $ 14,458.00 45 Electrical Pannel 1 LS $ 4,500.00 $ 4,500.00 46 Walkway Light Pannel 1 LS $ 4,500.00 $ 4,500.00 47 Tennis Court Light Pannel 1 LS $ 4.500.00 $ 4,500.00 48 New Domestic Water Meter 1 LS S 10,000.00 $ 10,000.00 Landscape & irrigation System 49 Imigation System 9,150 SF $ 9.00 $ 82,350.00 50 Irrigation Controller- Calescence CS3000 t EA $ 8,900.00 $ 8,900.00 51 Fine Grading 9,150 SF $ 0.30 $ 2,745.00 52 Soil Amendments 9,150 SF $ 0.50 $ 4,575.00 53 Sod - Marathon II 7,512 SF $ 1,90 $ 14,272.80 54 1 Gallon Shrubs 163 EA $ 10.00 $ 1,830.00 55 5 Gallon Shrubs 97 EA $ 21.00 $ 2,037.00 56 24' Box Trees 7 1 EA 1 $ 525,001 $ 3,675,00 57 2'WcodMulch 1,638 SF $ 1.301 $ 2,129.40 MANDATORY BID SCHEDULE ITEMS: TOTAL AMOUNT BID (IN FIGURES)-+ TOTAL AMOUNT BID, SCHEDULE (WRITTEN IN WORDS)::�VL- 0--', e 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 completelyfill out Bid Schedule. Accompanying this proposal is bidders 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 ecurity accompanying his bid shall become the property of the City of Diam d Bar, and this proposal and the acceptance thereof may be consideKed null did void. The Nazerian Group v 7 7/11/2024 NAME OF BIDDER (PRINT) rGN TURE DATE 17514 Ventrua Blvd. #204 ADDRESS Encino, CA 91316 818-990-5115 CITY ZIP CODE TELEPHONE 17 1293492.1 MWE 787198 - A, 8, C10, C13, C15, C20, C36 STATE CONTRACTOR LICENSE NO. AND CLASSIFICATION I declare un er penal � of Perjury of the laws of the State of California that the representations made here' a trp and correct in accordance with the requirements of California Business and Profe si al 0 de Section 7028.15. Vartan Nazerian, President CONTgAQ`WR SIGNATURE OR AUTHORIZED OFFICER 18 1293492.1 LIST OF SUBCONTRACTORS PROJECT Maple Hill Park Improvement Project LOCATION 1355 Maple Hill Rd. Diamond Bar CLIENT City of Diamond Bar CONTRACTORThe Nazerian Group BID OPENING DATE711112024 PROJECT NO. PF23506D Name Under Which Subcontractor is Licensed License No. & DIR No. Address of Place of Business Percent of Total Contract Specific Description of Subcontract LZ. s Fan ids INC Q67475 1Z37y ��d J \G * In compliance with the provisions of the Public Contract Code Section 4104, the 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 r undersigned and California or render service to the Prime Contractor, specially fabricates and installs a portion of the work or improvement necessary to complete construction contained in the plans and specifications, in an amount in excess of one-half (112) 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 deflned In Section 1 100 [of the Pubilc 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 , 20* ' Ercino, ca (place of execution). 24 I II //.I/ Signat re Name: Vartan N erian Title: President Name of Contractor: The Nazerian Group 21 1293492A 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. Signincl this Pr000sall on the sianatureportion thereof1. • c2nstitute signatureof this Statement and Questionnaire. 22 1293492.1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD Project Identification PF23506D Maple Hill Park Improvement Project Bid Date7111/2024 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 2024 No. of Contracts 16 23 14 10 14 77 14 Total dollar amount 66.31VI 35.81VI 51.9M 32.7M 50.8M 237.5M 18.4M of contracts in 1,000's No. of lost workday cases 0 0 0 0 0 0 0 No. of lost work day 0 0 0 0 0 0 0 cases involving permanent transfer to another job or termination of employment No. of lost workdays 0 0 0 0 0 0 0 *The information required for this item is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary - Occupational Injuries and Illnesses, OSHA No.102. The above information was compiled from the records at a available to me at this time and I declare under penalty of perjury that the information i ue accurate within the limitations of these records. The Nazerian Group, Vartan Nazerian, President Name of Bidder (Print Signatur 17514 Ventrua Blvd. #204 787198 -A Address State Con r, Encino, CA 91316 818-990-5115 City Zip Code Telephone 23 1293492.1 13, C15, C20, C36 Lic. No. & Class AFFIDAVIT FOR CO -PARTNERSHIP FIRM STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) , being first duly sworn, de That he is a member of the co -partnership firm design as and says: which is the party making the foregoing proposal or d; that such bid is genuine and not collusive or sham; that said bidder has not colluded, conspi ed, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham id or that such other person shall refrain from bidding; and has not in any manner sought b 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 merrrbers of the co -partnership. Subscribed and to before me thi da✓of 1293492.1 Signature 20 Signature of Officer Administering Oath (Notary Public) 24 AFFIDAVIT FOR CORPORATION BIDDER STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) Vartan Nazerian , being first duly sworn, deposes and says: That he is President of, The Nazerian Group 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, conspire , connived or agreed, directly or indirectly, with any other bidder or person to put in a sh bid or that such other person shall refrain from bidding; and has not in any manner sought collusion to secure any advantage against the City of Diamond Bar or any person rested in the proposed contract, for himself or for any other person. ' j Subscribed and sworn to before me this Sig day of Please see attached 20 Please see attached Signature of Officer Administering Oath (Notary Public) 25 1293492A CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of LOS ANGELES On 07/11/2024 before me, ERIC ARMEN ABOLIAN, NOTARY PUBLIC (Here insert name and title of the officer) personally appeared VARTAN NAZERIAN who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ics), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. WITNES nd official seal. ERIC AR61EN ABOLIAN Notary public • California Los Angeles County Commission N 2420464 (Notary Seal) egy Comm, Expires Oct 10, 2026 Signature of otary Pu he ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title of deswiptiou of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER N Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as mfKv be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefullyfor proper notarial wording and attach this farm ifrequired. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/shc/Owe ; is Aim ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800.873-9865 www.NotaryClasses.com AFFIDAVIT FOR INDIVIDUAL BIDDER STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) , being first duly swofn, deposes and says: That he is the party making the foregoing propq al or bid; that such bid is genuine and not collusive or sham; that said bidder has not cold ,conspired, connived or agreed, directly or indirectly, with any other bidder or person to pu n a sham bid or that such other person shall refrain from bidding; and has not in any mann r sought by collusion to secure any advantage against the City of Diamond Bar or any pers interested in the proposed contract, for himself or for any other person. Subscribed and sworn to before me this day of, 1293492, i Signature iai7 Signature of Officer Administering Oath (Notary Public) 26 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 'oint venture and that he has been and is duly vested with the authority to make and sign i struments for and on behalf of the parties making said bid who are: that such bid is genuine and not collu ive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indir ctly, with any other bidder or person to put in a sham bid or that such other person shall refrai from bidding; and has not in any manner sought by collusion to secure any advantage agaii t the City of Diamond Dar or any person interested in the proposed contract, for himself r far any other person. Signature Subscribed and to before me thi day/bf , 20 Signature of Officer Administering Oath (Notary Public) BOND No. 27 1293492.1 KNOW ALL PERSONS BY THESE PRESENTS that, WHEREAS the City of Diamond Bar ("City"), has issued an invitation for bids for the work described as follows: MAPLE HILL PARK IMPROVEMENTS PROJECT Promect No. FP23506D WHEREAS The Nazerian Group 17514 Ventura Blvd., Suite 204, Encino, CA 9131E (Name and address of Bidder) ("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, and Western Surety Company 633 W. 5th Street, Suite #3330, Los Angeles, CA 90071 (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 Total Amount Bid ----- Dollars($ 10% of Bid - ), 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 hind ourselves, our heirs, exec itors, 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. Dated: June 25, 2024 "Principal" Its "Surety" Western Surety Company By. k Its Rebecca Haas -Bates, Attorney -in -Fact 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) (Seal) l 293492.1 33 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT r - �..a - .. F 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 07/11/2024 before me, ERIC ARMEN ABOLIAN, NOTARY PUBLIC (Here insert name and title of the officer) personally appeared VARTAN NAZERIAN who proved to me on the basis of satisfactory evidence to be the personKwhose name(�is/ e subscribed to the within instrument and acknowled ed to me that he/sl�tl�y executed the same in his r/tlye`ir authorized capacity(ies�, and that by his/hW it signature�,qon the instrument the persons , or the entity upon behalf of which the person(�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. WITN y and official seal. wAE14 A LIA Notary Public - California Los An4eles County ' (Notary Sea]) Camrsrission tl i4464E4 Si o of is My Comm. Expires Oct t 0, 2t126 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional infomnation) CAPACITY CLAIMED BY THE SIGNER N Individual (s) © Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully,for proper notarial wording and attach this,form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signers) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Pont the name(s) of document signer(s) who personally appear at the time of notarization. • indicate the correct singular or plural farms by crossing off incorrect forms (i.e. lre/shet4key- is /are ) or circling the correct forms. Failure to correctly indicate this infornation may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. • Additional information is not required but could beip to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v 12.10.07 800-873-9865 w ww,NotaryClasses.com 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 County of Orange On 06/25/2024 before me, Alma Karen Hernandez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates _ NameKof SignerN who proved to me on the basis of satisfactory evidence to be the person} whose name* is/am subscribed to the within instrument and acknowledged to me that iie/sheftey executed the same in Pft/herAhek authorized capacity Ni, and that by his/her/t wir signatureZ4 on the instrument the person(s3,, or the entity upon behalf of which the person(r4 acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of Lhe State of Californla that the foregoing paragraph is true and correct. WITNESS my hand and official seal. r % E�4 ALMA IfAREN flERNANREZ Notary Pubtic - caliiomia : Signature (orange county Signature Commission # 2390908 l of Nutt f Ui�fll; ?.o y Comm. EAOres Jan 16, R026 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 06/25/2024 Number of Pages: Two 2 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates CI Corporate Officer — Title(s): 1.1 Partner — ❑ Limited ❑ General J Individual W Attorney in Fact n Trustee ❑ Guardian or Conservator C Other: Signer Is Representing: Western Surety Company Signer's Name: ❑ Corporate Officer Title(s): Partner — C.1 Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator C! Other: Signer Is Representing: �������c�. - ���•xc..�c.-,mow _ r _ 02014 National Notary Association • www.NationalNotary.org • 1-80D-US NOTARY (1 -800-876- 682 7) Item #5907 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Richard Adair, William Syrkin, Rebecca Haas -Bates, Individually of Orange, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the Authorizing By -Laws and Resolutions printed at the bottom of this page, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 26th day of December, 2023. .... WESTERN SURETY COMPANY Gt� rirty� �SI'i9s s uA: c so••.... o�' ry� NT nipP�rµo State of South Dakota Larry Kasten, Vice President ss County ofMinnehaha On this 26th day of December, 2023, before me personally came Larry Kasten, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act said deed of said corporation. }4444449444S44bbb4b4bbbbb+ My commission expires i M. g NT s r L NOTARY PUBLIC seal r March 2, 2026 f�SOUTH DAKarA(Mff • 45b4bb•.bbbbSbbbbbb.r.shb44 } M. Bent, Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law and Resolutions of the corporation printed below this certificate are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 25th day of June, 2024. �.."'.... r'`•..,�a WESTERN SURETY COMPANY te = w: Q,P ORq o"c 5y�jiVO r�'•ps =w; tx3 ,TkRAKnr, L. Nelson, Assistant Secretary y4RI1HlNI`� Authorizing By -Laws and Resolutions ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. This Power of Attorney is signed by Larry Kasten, Vice President, who has been authorized pursuant to the above Bylaw to execute power of attorneys on behalf of Westem Surety Company. This Power of Attorney may be signed by digital signature and sealed by a digital or otherwise electronic -formatted corporate seal under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 271h day of April, 2022: "RESOLVED: That it is in the best interest of the Company to periodically ratify and confirm any corporate documents signed by digital signatures and to ratify and confirm the use of a digital or otherwise electronic -formatted corporate seal, each to be considered the act and deed of the Company." Go to www.cnasuretN.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. Form F4280-6-2023 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 The Nazerian Gro p TITLE OF OFFICER I ,'I r� F SIGNATURE DATE 7/11/2024 Please include anditio al information available regarding equal opportunity employment programs now in efrect wit in your company: 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 , 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 theapplicable filingrequirements. The Nazerian Gr (COMPANY) BY: 11411,r Vartan N z�an President (TITLE) DATE: July 11 , 2024. 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 1293A92.1 NON -COLLUSION AFFIDAVIT TO: THE CITY OF DIAMOND BAR: STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) Vartan Nazerian , being first duly sworn, deposes and says that he or she is President of The Nazerian Group , 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 thereo , or divulged information or data relative thereto, or paid, and will not pay, any feet any rporation, partnership, company association, organization, bid depository, or to any em q or agent thereof to effectuate a collusive or sham bid. / SignotVre of bidder STATE OF CALIFORNIA } )SS COUNTY OF LOS ANGELES } Subscribed and sworn to before me this day of ,20 Please see attached Notary Public in and for the County of State of California 36 1293492.1 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of LOS ANGELES On 07/11/2024 before me, ERIC ARMEN ABOLIAN, NOTARY PUBLIC (Here insert name and title of the officer) personally appeared VARTAN NAZERIAN who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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 fficial seal. ERIC MMEN AROUAN Notary Public - California Los Angetn County Commission S 2420464 (Notary Seal) Signature of otary Public *my Comm, Expires Ckt 10, 2026 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title of dcsa iptiou of attac.hul dw uncut) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER 8 Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attomey-in-Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefullyfor proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/tlrey- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. if the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v 12.10.07 800-873-9865 www.NotaryClasses.com 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 Please accept the attached Contract Amount Type of Work Client Agency Project Manager Phone Date Completed % Subcontracted Z Project Title Please accept the attached Contract Amount Type of Work Client Agency Project Manager Phone Date Completed % Subcontracted 3. Project Title Contract Amount Type of Work Client Please accept the attached Agency Project Manager Phone Date Completed % Subcontracted NOTE: If requested by the City, the bidder shall fur 'sh a c fied financial statement, references, and other information sufficiently comprehensive per an appraisal of his current financial condition. Bidder's Signature Vartan NXt4rian, 8 1293492.1 co GO U V J Q ~ I F p I+ � c n C N a a C U D �OTf m m m d. d a m � a a � � a E � O U m N � a U x m m a u= m ma c � Ea m � 0 � p E a a a m o E a m 2 n m Q N -O m � 7 O W N N m � � =o � � N m m � c O ? p O C y n a m � U � 0 3 V p co U Q Z C-1 d y Ci O OS O O (V p L p h U o R cep o_ '0 2'i m N - C "' o 9 73 o m R Yi ryy/ C ¢ (/) Z O U Cn Z Ci es vs Z .Z 7 ui m c E ¢E `m m o a m O U O 6 0 Cj CJ .Q q .Z CO .. U W �i U Q m C -- y y- mmm N E Q ar .N d w .a L C O O m �s � a U `n 41 CO :fll 6 L Fn V m U U nf°i o a co a o m o g wKu � E m Z N UOU o¢ a m o b o U N V m U N 0 0 O+ O +�- OCp O T (+ n(�-+ryJ� a C C Q C CO I () _ U E O N- m ¢ m o T o w w w a z [�' c� z W 8 in sv cj z d L U c -- o N o [Qii Q 4 ` UU�Nqq Ul'5.`] Uo... .. L E o s O @ E a @ 12 L 0I a o LZ y D N la`O n 21 O C=0 O O ca V c � C m @ c U C m � V � C � 0 w � o o � U _ � � LNfi U z 2'i g pp O H O L d y c� E mCD E m = E o m m ¢ o o ¢ 12 (o U) m fl C7 p d m U G C � � o E C y Z w O C O cO U C Z ENO U o 0 .2..tiur2cOm �N� . _�NE O o Q Oa n_ c� ¢ cgO U� U U y 0 m U O O U d c N U a N C a OOp C rf @ O � � N � U o U m N E cp @ = C N y � � ass U � O O % An a N a h O _ p q O O d O � a o E o v w U m a uj Ca (J] U O m G N p0 N pp c ci � E (`] O N Lb N C L U Qj C U O o d 0 p O o V o 0 0 o U m m 2 g r = Lim y N E �- w o @ E O O O d a IL U¢ U O O d OfD U U N 'VO L _ O O b a m N d @ U a z� @ A U @ 'f1 7 � � O O d s J a c 7 j � C 32 @ a En E v E 2 ° e U @04 N M @ X O ¢ n LL] o UT � o c c m 0 o 0 o 0 No ``-' a P CV m U m ¢ ,'�., ...: rn to c� a U n Cn Cn Cn 7 z 0 (J' Cn Z U 4rY Z Z Li N L U O 4 O 5o ¢ p C C O C y c5 m A n c` E n d J O O` 0-CO U¢ O U yNy n 0� _ @ U E U u 61 N iV Z d L H N �l O LL a W W O. E 0 U a m \ \ \ \ E a t k ) / \ \ � rn Q \ \ � \ \ / / C2 \ - 7 ( — - } { /_ \\ { \ ) a 3 cf e q 7 5 Cl)- « £ a 7(§ )) z 3 3 3#« I Q» r z# as .. % a-§ sf a/2212 $ =f?«�sf®a2 e a.a r«{-6 = ) b ■ e ! @ a � = ® -6 ) \ q � � IL CLa-)#/�R/]Ja Bidder A rees to.LA Execute Agreement In Substantially This Form AGREEMENT TIYe follo�ying agreement ("AGREEMENT") is made and entered into, in duplicate, as of the date execut d by the Mayor and attested to by the City Clerk, by and between hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Notice Inviting Sealed Bids, bids were received, publicly opened, and declared on the date specified in the notice; and WHEREAS, CITY accepted the bid of CONTRACTOR and; WHEREAS, CITY has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Project in the City of Diamond Bar. NOW, THFRFFORF, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Project in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated (The Plans and Specifications) on file In the offlce of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2 INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Plans and Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set fwth in full herein. Tfie Plans aria Spec:ific;aliuiis, CONTRACTOR'S Bid dated together with this AGREEMENT, shall constitute the contract between the parties. This AGREEMENT is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this AGREEMENT, the following order of precedence shall apply: (1) This AGREEMENT; (2) The Plans and Specifications; and (3) Contractor's bid. a COMPENSATION: CONTRACTOR agrees to receive and accept the prices set forth in its Bid Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation in the amount of [Insert total compensation amount] shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with 37 1293492.E the work. Final payment to Contractor shall be withheld for at least 30 days after the time in which Contractor has verified, to the City's satisfaction, that it has submitted all information to the Department of Industrial Relations required by Labor Code §1773.3. 4. TERM OF CONTRACT: CONTRACTOR agrees to complete the work within [ ) calendar days from the date of the notice to proceed. CONTRACTOR agrees further to the assessment of liquidated damages in the amount of dollars ($ _) for each calendar day the work remains incomplete beyond the expiration of the completion date. CITY may deduct the amount thereof from any monies due or that may become due the CONTRACTOR under this AGREEMENT. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 5. INSURANCE: CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to CITY nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the CITY a certificate of insurance as proof llial Ile has taken out full workers' coiripeiisatiorl insurance fur all persolls whom he may employdirectly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the CITY a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) General Liability - $5,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this AGREEMENT or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile - $5,000,000 per accident for bodily injury and property damage. 38 1293492.1 3) Employer's Liability - $5,000,000 per accident for bodily injury or disease. c Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by CITY, which is authorized to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by CITY of a written notice of such cancellation or reduction of coverage." 5) Otherwise be in form satisfactory to the CITY. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insured in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to CITY. e. The CONTRACTOR shall, prior to performing any work under this AGREEMENT, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. Self -insured Retention/Deductibles. All policies required by this AGREEMENT shall allow CITY, as additional insured, to satisfy the self - insured retention ("SIR") and/or deductible of the policy in lieu of the Owner (as the named insured) should CONTRACTOR fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. CONTRACTOR understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this AGREEMENT. Failure by CONTRACTOR as primary insured to pay its SIR 39 1293492.1 or deductible constitutes a material breach of this AGREEMENT. Should CITY pay the SIR or deductible on CONTRACTOR's behalf upon the CONTRACTOR's failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, CITY may include such amounts as damages in any action against CONTRACTOR for breach of this AGREEMENT in addition to any other damages incurred by CITY due to the breach. 6. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21825 Copley Drive, Diamond Bar, California, and are available to any interested party on request. CITY also shall cause a copy of such determinations to be posted at the job site. CONTRACTOR shall forfeit, as penalty to CITY, not more than two hundred dollars ($200.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this AGREEMENT, by him or by any subcontractor under him. 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. 7. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeship trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. a LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub -contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the I. abor Code of the State of California as amended. 40 1293492.1 CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 9 TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 10. CONTRACTOR'S LIABILITY: The CITY and its officers, agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. CONTRACTOR will indemnify Indemnities against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of CITY. In connection therewith: a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith. b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of CONTRACTOR hereunder, and CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. Contractor's obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of CITY under any provision of this AGREEMENT, Contractor shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY active negligence accounts for only a 41 1293492.1 percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of CITY. So much of the money due to CONTRACTOR under and by virtue of the contract as shall be considered necessary by CITY may be retained by CITY until disposition has been made of such actions or claims for damages as aforesaid. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California. This indemnity provision shall survive the termination of the AGREEMENT and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this AGREEMENT or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees. 11. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this AGREEMENT because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 12 PAYMENT FUND: A City Council resolution established a Project Payment Account, encumbered money in the current budget, and assigned that money to the Project Payment Account, which is the sole source of funds available for payment of the contract sum set forth in Section 3 of this AGREEMENT. CONTRACTOR understands and agrees that CONTRACTOR will be paid only from this special fund and if for any reason this fund is not sufficient to pay CONTRACTOR, CONTRACTOR will not be entitled to payment. The availability of money in this fund, and CITY's ability to draw from this fund, are conditions precedent to CITY's obligation to make payments to CONTRACTOR. 13. PRESENTATION OF CLAIMS: Any claim as that term is defined in Public Contract Code �9204, shall be submitted in accordance with Section 9204 and shall contain a sufficient description of the claim the basis therefore and documentation in suggort of the claim. The claim shall be processed as more fully set forth in the Plans and Specifications. 14. TERMINATION: This AGREEMENT may be terminated by the CITY, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. Upon receipt of such notice, Contractor shall immediately cease work, unless otherwise directed by the Notice of Termination. In the event of such termination, Contractor shall be paid for services satisfactorily rendered and expenses reasonably and necessarily incurred prior to the effective date of termination, unless the Notice of Termination is issued for cause, in which event the City may withhold any disputed compensation. Contractor shall not be entitled to any claim for lost profits. State of California "CONTRACTOR'S" License No. 42 1293492.1 CONTRACTOR'S Business Phone: CONTRACTOR'S emergency phone which can be reached at anytime: IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT with all the formalities required by law on the respective dates set forth opposite their signatures. By: Title: Date: By: Title: Date: CITY OF DIAMOND BAR, CALIFORNIA By: MAYOR Date By: CITY CLERK Date APPROVED AS TO FORM: CITY ATTORNEY Date *NOTE: if Contractor is a corporation, the City requires the following signature(s): -- The Chairman of the Board, the President or a Vice -President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary oran Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary 43 1293492.1 close in time to the execution of the Agreement, must be provided to the City. 44 1293492.1 FPESONS FAITHFUL PERFORMANCE BOND KNOWA BY THESE PRESENTS that, WHEREAS the City of Diamond Bar ("City"), halsl7arded to (Name and address of Contractor) ("Principal"), a contract (the "Contract") for the work described as follows: WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract. NOW, THEREFORE, we the undersigned Principal, and (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 City in the penal sum of Dollars ($ ), this amount being not less than the total contract 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, his, her, or its, heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and covenants, conditions and agreements in the Contract and any alteration thereof made as therein provided, on the Principal's part to be kept and performed, all within the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and hold harmless City, its officers, agents, and others as therein provided, 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, Suretyfurther agreesto payall court costs and reasonable attorneys' fees in an amount fixed by the court. FURTHER, the Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work 28 1293492,1 to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. The City is the principal beneficiary of this bond and has rights of a partyhereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: "Principal" "Surety" By: Its By:_ Its By: 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) (Seal) APPROVED AS TO SURETY AND PRINCIPAL AMOUNT M Insurance Administrator BOND No. 29 1293492.1 PAY ENT BOND (LABOR AND MATERIAL KNOW AL ER ONS BY THESE PRESENTS that, WHEREAS the City of Diamond Bar (City), has awarded to r (Name and address of Contractor) ("Principal"), a contract (the "Contract") for the work described as follows: WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law. NOW, THEREFORE, we, the undersigned Principal, and (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 City in the penal sum of Dollars ($ ), this amount being not less than one hundred (100%) of the total contract 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 CONDITIONS OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors, or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or any amounts due under Lhe Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall become null and void. This bond shall insure to the benefit of any of their persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition, or modification to the terms of the Contract or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the 30 1293492.1 specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2549. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated "Principal" "Surety" By: By: Its Its C Its Notary M 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) (Seal) APPROVED AS TO SURETY AND PRINCIPAL AMOUNT Insurance Administrator �ili•1_�li•[•7 31 1293492.1 BID BOND 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: Project No. WHEREAS (Name and address of Bidder) ("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, and (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 Dollars($ ), 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, uur heirs, exeuuturs, administraturs, suGGessurs, and assigns, juintly 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 ]293492A IN WITNESS WHEREOF, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: "Principal" By: Its By: Its "Surety" M Its By: 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. (,Seat) (,Seal) 12934921 33