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HomeMy WebLinkAboutBid Package Steep Canyone Road Erosion Control and Sedimentation Prevention@ City of Diamond Bar12 1293492.1 BIDDER'S PROPOSAL CITY OF DIAMOND BAR STEEP CANYON ROAD EROSION CONTROL AND SEDIMENTATION PREVENTION AT CLEAR CREEK CANYON DRIVE PROJECT CITY PROJECT NO. PW 24401 Date , 20 To the City Council of the City of Diamond Bar: The Undersigned hereby declares: (a) That the only persons or parties interested in this proposal as principals are the following: (If the bidder is a corporation, give the name of the corporation and the name of its president, secretary, treasurer, and manager. If a co -partnership, give the name, under which the co-partnership does business, and the names and addresses of all co -partners. If an individual, state the name under which the contract is to be drawn.) (b) That this proposal is made without collusion with any person, firm or corporation. (c) That he has carefully examined the location of the proposed work and has familiarized himself with all of the physical and climatic conditions, and makes this bid solely upon his own knowledge. (d) That by submitting this Bidder's Proposal, he acknowledges receipt and knowledge of the contents of those communications sent by the City of Diamond Bar to him at the address furnished by him to the City of Diamond Bar when this proposal form was obtained. (e) That he has carefully examined the specifications, both general and detail, and the drawings attached hereto, and communications sent to him as aforesaid, and makes this proposal in accordance therewith. (f) That, if this bid is accepted he will enter into a written contract for the performance of the proposed work with the City of Diamond Bar. (g) That he proposes to enter into such Contract and to accept in full payment for the work actually done thereunder the prices shown in the attached schedule. It is understood and agreed that the quantities set forth are estimates and that the unit prices will apply to the actual quantities whatever they may be. 13 1293492.1 Accompanying this proposal is a certified or cashier's check or bidder's bond, payable to the order of the City of Diamond Bar in the sum of DOLLARS ($ ). Said bidder's bond has been duly executed by the undersigned bidder and by a financially sound surety company authorized to transact business in this state. It is understood and agreed that should the bidder fail within ten (10) days after award of contract to enter into the contract and furnish acceptable surety bonds, then the proceeds of said check, or bidder's bond, shall become the property of the City o f Diamond Bar; but if this Contract is entered into and said bonds are furnished, or if the bid is not accepted then said check shall be returned to the undersigned, or the bidder will be released from the bidder's bond. Address of Bidder Telephone of Bidder City Zip Code Signature of Bidder 14 1293492.1 BID SCHEDULE CITY OF DIAMOND BAR CONTRACT DOCUMENTS AND SPECIFICATIONS STEEP CANYON ROAD EROSION CONTROL AND SEDIMENTATION PREVENTION AT CLEAR CREEK CANYON DRIVE PROJECT CITY PROJECT NO. PW 24401 ITEM NO. ESTIMATED QUANTITY UNIT DESCRIPTION WRITTEN IN WORDS UNIT PRICE AMOUNT General 1 1 LS Mobilization, Demobilization, Clearing and Grubbing, and Miscellaneous Items of Work (Not to Exceed 5% of Total Construction Cost) 2 1 LS Construction Surveying/Staking, Monument Preservation, Reset Disturbed Monuments 3 1 LS Sheeting, Shoring, and Bracing 4 1 LS Work Area Traffic Control and Public Notification (Includes Fencing and Security) 5 1 LS Implementation of Erosion Control Measures 6 1 LS Implementation of Temporary Drainage Provisions and Dewatering Drainage Improvements 7 1 LS Construct Detention Basin Complete-in- Place (Includes French Drain, ABS Drain Pipe, Structures, Rip Rap Blanket, and Appurtenances) 8 1 LS Construct Parkway Drain, W = 4’ per Standard Plan No. 151-3, SPPWC, 2021 Edition 9 1 LS Construct Curb Drain per Standard Plan No. 150-4, SPPWC, 2021 Edition Street Improvements 15 1293492.1 10 60 SF Demo Existing Sidewalk and Reconstruct Joint to Joint per Standard Plan No. 113- 2, SPPWC, 2021 Edition 11 10 LF Construct Curb and Gutter – Mountable per Case B2-6(150), Standard Plan No. 121-3, SPPWC, 2021 Edition 12 56 SF Construct 4” Broom Finish PCC Pavement over 6” Class II Base 13 54 SF Construct 4” Grooved Finished PCC Pavement over 6” Class II Base 14 2 EA Construct 3-1/2” O.D. Cast-in-Place Removable Pipe bollard, Galvanized Finish 15 0.68 TON Construct 3/4” Crushed Rock Granular Backing MANDATORY BID SCHEDULE ITEMS: TOTAL AMOUNT BID (IN FIGURES) TOTAL AMOUNT BID, SCHEDULE (WRITTEN IN WORDS): Bid Schedule Note: Bid Price indicated refers to all items illustrated on the plans and details, and delineated within the specifications installed and completely in place with all applicable portions of the construction documents and include all costs connected with such items including, but to necessarily limited to, materials, transportation, taxes, insurance, labor, overhead, and profit, for General Contractor and Subcontractors. All work called for on the construction documents are to provide a completed project with all systems operating properly and ready for use. Award will be based on the items of Bid Schedule. Therefore, Contractor shall completely fill out Bid Schedule. Accompanying this proposal is (Insert "$ cash", "cashier's check", "certified check", or "bidder's bond" as the case may be) in the amount equal to at least ten percent (10%) of the total bid. The undersigned further agrees that in case of default in executing the required contract, with necessary bond, within ten (10) days, not including Sundays and 16 1293492.1 legal holidays, after having received notice that the Contract has been awarded and ready for signature, the proceeds of the security accompanying his bid shall become the property of the City of Diamond Bar, and this proposal and the acceptance thereof may be considered null and void. NAME OF BIDDER (PRINT) SIGNATURE DATE ADDRESS CITY ZIP CODE TELEPHONE STATE CONTRACTOR LICENSE NO. AND CLASSIFICATION I declare under penalty of Perjury of the laws of the State of California that the representations made herein are true and correct in accordance with the requirements of California Business and Professional Code Section 7028.15. CONTRACTOR SIGNATURE OR AUTHORIZED OFFICER 17 1293492.1 LIST OF SUBCONTRACTORS * BID OPENING DATE PROJECT: STEEP CANYON ROAD EROSION CONTROL AND SEDIMENTATION CONTROL PROJECT NO. PW 24401 LOCATION: CLEAR CREEK CANYON DRIVE CLIENT: CITY OF DIAMOND BAR CONTRACTOR Name Under Which Subcontractor is Licensed License No. & DIR No. Address of Place of Business Percent of Total Contract Specific Description of Subcontract * In compliance with the provisions of the Public Contract Code Section 4104, the undersigned bidder herewith sets forth the name, location of the place of business, and 18 1293492.1 California contractor license of each Subcontractor – who will perform work or labor or render service to the Prime Contractor, specially fabricates and installs a portion of the work or improvement necessary to complete construction contained in the plans and specifications, in an amount in excess of one-half (1/2) of one percent (1%) of the General Contractor’s total base bid amount or, in the case of bids or offers for the construction of streets or highways, including bridges in excess of one-half of 1 percent (0.5%)of the Prime 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. 19 1293492.1 DECLARATION OF ELIGIBILITY TO CONTRACT [Labor Code Section 1777.1; Public Contract Code Section 6109] The undersigned, a duly authorized representative of the contractor, certifies and declares that: 1. The contractor is aware of Sections 1777.1 and 1777.7 of the California Labor Code, which prohibit a contractor or subcontractor who has been found by the Labor Commissioner or the Director of Industrial Relations to be in violation of certain provisions of the Labor Code, from bidding on, being awarded, or performing work as a subcontractor on a public works project for specified periods of time. 2. The contractor is not ineligible to bid on, be awarded or perform work as a subcontractor on a public works project by virtue of the foregoing provisions of Sections 1777.1 or 1777.7 of the California Labor Code or another provision of law. 3. The contractor is aware of California Public Contract Code Section 6109, which states: (a) A public entity, as defined in Section 1100 [of the Public Contract Code], may not permit a contractor or subcontractor who is ineligible to bid or work on, or be awarded, a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code to bid on, be awarded, or perform work as a subcontractor on, a public works project. Every public works project shall contain a provision prohibiting a contractor from performing work on a public works project with a subcontractor who is ineligible to perform work on the public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code. (b) Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract, and any public money that may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the awarding body. The contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project. 4. The contractor has investigated the eligibility of each and every subcontractor the contractor intends to use on this public works project, and determined that none of them is ineligible to perform work as a subcontractor on a public works project by vi rtue of the foregoing provisions of the Public Contract Code Sections 1777.1 or 1777.7 of the Labor Code, or any other provision of law. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of ________________, 20 2_, at ___________________ (place of execution). 20 1293492.1 Signature Name: Title: Name of Contractor: _____________________________ 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 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 immedi ately preceding two-year period because of the Contractor’s failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. NOTE: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. 22 1293492.1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD Project Identification: STEEP CANYON ROAD EROSION AND SEDIMENTATION PREVENTION AT CLEAR CREEK CANYON DRIVE- PROJECT NO. PW 24401 Bid Date:_______________________________ This information must include all construction work undertaken in the State of California by the bidder and any partnership, joint venture or corporation that any principal of the bidder participated in as a principal or owner for the last five calendar ye ars and the current calendar year prior to the date of bid submittal. Separate information shall be submitted for each particular partnership, joint venture, corporation or individual bidder. The bidder may attach any additional information or explanation of data, which he would like, taken into consideration in evaluating the safety record. An explanation must be attached of the circumstances surrounding any and all fatalities. ITEM 5 CALENDAR YEARS PRIOR TO CURRENT YEAR CURRENT YEAR 2018 2019 2020 2021 2022 TOTA L No. of Contracts Total dollar amount of contracts (in 1,000’s) No. of lost workday cases No. of lost work day cases involving permanent transfer to another job or termination of employment No. of lost workdays *The information required for this item is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary - Occupational Injuries and Illnesses, OSHA No. 102. The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of these records. ______________________________ ________________________________ Name of Bidder (Print Signature ______________________________ ________________________________ Address State Contractor’s Lic. No. & Class ______________________________ ________________________________ City Zip Code Telephone 23 1293492.1 AFFIDAVIT FOR CO-PARTNERSHIP FIRM STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) , being first duly sworn, deposes and says: That he is a member of the co-partnership firm designated as which is the party making the foregoing proposal or bid; that such bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Diamond Bar or any person interested in the proposed contract, for himself or for any other person. That he has been and is duly vested with authority to make and sign instruments for the co - partnership by who constitute the other members of the co-partnership. Signature Subscribed and sworn to before me this day of , 20 Signature of Officer Administering Oath (Notary Public) 24 1293492.1 AFFIDAVIT FOR CORPORATION BIDDER STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) , being first duly sworn, deposes and says: That he is of, 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 Subscribed and sworn to before me this day of , 20 Signature of Officer Administering Oath (Notary Public) 25 1293492.1 AFFIDAVIT FOR INDIVIDUAL BIDDER STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) , being first duly sworn, deposes and says: That he is the party making the foregoing proposal or bid; that such bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Diamond Bar or any person interested in the proposed contract, for himself or for any other person. Signature Subscribed and sworn to before me this day of , 20 Signature of Officer Administering Oath (Notary Public) 26 1293492.1 AFFIDAVIT FOR JOINT VENTURE STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) , being first duly sworn, deposes and says: That he of, one of the parties submitting the foregoing bid as a joint venture and that he has been and is duly vested with the authority to make and sign instruments for and on behalf of the parties making said bid who are: ; that such bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Diam ond Bar or any person interested in the proposed contract, for himself or for any other person. Signature Subscribed and sworn to before me this day of , 20 Signature of Officer Administering Oath (Notary Public) 27 1293492.1 BOND No.________________ FAITHFUL PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that, WHEREAS the City of Diamond Bar ("City"), has awarded 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 a nd 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 harm less City, its officers, agents, and others as therein 28 1293492.1 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, 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 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 party hereto. 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 h ereto 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 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 By:___________________________ Insurance Administrator 29 1293492.1 BOND No.________________ PAYMENT BOND (LABOR AND MATERIAL) KNOW ALL PERSONS BY THESE PRESENTS that, WHEREAS the City of Diamond Bar (City), has awarded 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 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 the 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 30 1293492.1 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 specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. 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 h ereto 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 By:___________________________ By:____________________________ Its Its Notary 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 By:___________________________ Insurance Administrator 0 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: 1. To establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels. 2. To communicate this policy to all persons concerned including all company employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large. 3. To take affirmative steps to hire minority employees within the company. FIRM TITLE OF OFFICER SIGNING SIGNATURE DATE Please include any additional information available regarding equal opportunity employment programs now in effect within your company: 1 1293492.1 CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS The bidder , proposed subcontractor , hereby certifies that he has , has not , participated in a previous contract or subcontract subject to the Equal Opportunity Clause, as required by Executive Orders 10925, 11114, or 11246, and that he has , has not , filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. (COMPANY) BY: (TITLE) DATE: , 20 . NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7 (b) (1), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the Equal Opportunity Clause. Contracts and subcontracts which are exempt from the Equal Opportunity Clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt). Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7 (b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period of such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. 8 1293492.1 EXPERIENCE STATEMENT To be responsive, the bidder must list below a minimum of three public agencies for which bidder has performed similar work within the past five years. Only projects in excess of $500,000 each qualify as similar for this project. 1. Project Title Contract Amount _____ Type of Work Client Agency Project Manager ______________________ Phone Date Completed _____ % Subcontracted 2. Project Title Contract Amount _____ Type of Work Client Agency Project Manager ______________________ Phone Date Completed ____ % Subcontracted 3. Project Title Contract Amount _____ Type of Work Client Agency Project Manager ______________________ Phone Date Completed ____ % Subcontracted NOTE: If requested by the City, the bidder shall furnish a certified financial statement, references, and other information sufficiently comprehensive to permit an appraisal of his current financial condition. Bidder's Signature