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Sierra Madre LandscapeCITY OF ROSEMEAD RAMONA NORTH BEAUTIFICATION PROJECT PROJECT No. P83129 . CONTRACT BID FORMS CITY OF ROSEMEAD NOTICE INVITING BIDS NIB 2009-11 PROJECT No. P83129 NOTICE IS HEREBY GIVEN that the CITY OF ROSEMEAD, California, will receive sealed bids up to 10:30 o'clock A.M. on Wednesday, the 2nd day of December. 2009 in the office of the City Clerk, and they will be publicly opened at 11:00 a.m. for The project includes the installation of new landscape, irrigation, miscellaneous concrete work and other related work as described in the Specifications, Plans and Contract Documents, by this reference, made a part hereof. The estimated amount of this project is $55,000.00. The successful bidder shall have thirty (30) calendar days to complete the work. Liquidated damages shall be $250.00 per calendar day. Plans, Specifications, and Contract Documents may be obtained at the office of the City Clerk of the CITY OF ROSEMEAD, 8838 E. Valley Boulevard, Rosemead, California 91770, (626) 569-2177, for a non-refundable charge of $25.00 and $40.00 if mailing is requested. Each bid must be accompanied by a bidder's security in an amount not less than 10% of the amount of the bid, as a guarantee that the bidder will, if awarded the Contract, enter into a satisfactory agreement and provide a Performance Bond and a Payment Bond, each not less than 100% of the total amount of the bid price. No bidder may withdraw his bid for a period of sixty-one (61) days after the above bid opening date. The CITY OF ROSEMEAD will affirmatively insure the disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, disability, sex or national origin in the consideration for an award. It shall be mandatory upon the Contractor, and upon any subcontractor under the Contractor, to pay not less than the prevailing rate of per diem wages in the locality of the CITY OF ROSEMEAD to all workers employed in the execution of the Contract. Bidders shall be licensed in accordance with the provision of Chapter 9, Division 111 of the Business and Professions Code of the State of California. Bidder shall have a C-27 license in good standing at the time Bids are received. The Council reserves the right to reject any and all bids and to waive any informality, technical defect, or minor irregularity in any bid submitted. An award of service shall not be final until the bids have been reviewed and a Service Agreement with the City has been signed by the selected firm and by the City. Award of Service Agreement is proposed for December 8, 2009. Dated this 2009. GLORIA MOLLEDA CITY CLERK Publish: November 1 9'" & 26th, 2009. RAMONA NORTH BEAUTIFICATION PROJECT c ~~rf` /e.rrc,- BIDDER: L~~f CONTRACT BID FORMS TABLE OF CONTENTS SECTION 1 BID SCHEDULE ...................................................................................................1 SECTION 2 BID DATA FORMS ...............................................................................................5 2.A BID BOND ............................................................................................................6 2.B LIST OF PROPOSED SUBCONTRACTORS ........................................................7 SECTION 3 NON-COLLUSION AFFIDAVIT 10 r stcrrx- rU-f- BIDDER: Lrn n(yc.-pG SECTION 1 - BID SCHEDULE CBF-0 V BIDDER: LG.n co de 0 BID SCHEDULE SCHEDULE OF PRICES FOR RAMONA NORTH BEAUTIFICATION PROJECT PROJECT P83129 i UNIT OF EST. UNIT ITEM NO. ITEM DESCRIPTION MEASURE QTY. PRICE COST 1 Clearing & Grubbing. See Section 02230 per details. LS 1 19-000 2 OQC) 2 Disposal of Waste Materials LS 1 6 900 960 3 Furnish and install Ackertstone Traditional Pavers 6" x 6" Oak Creek Blend per Plans and ifi i S SF 560 /0' / OD pec cat ons 4 Furnish and install irrigation system Pl d S if ti LS 1 L5,00 ' 1 5 00 ons. per ans an pec ica 5 Furnish and install Mulch per Plans ~6 2~G~ and Specifications. SF 4,350 6 Furnish and Install 5-gallons Shrubs Coprosma Rpens "Rainbow Surprise" per plans and ifi i E 66 30 ' a~0 spec cat ons. a 7 Furnish and Install 5-gallons Shrubs Correa Pulchella per plans d ifi ti E 43 30 ons. an spec ca a 8 Furnish and Install 5-gallons Shrubs Osmanthus Fragans per 30 4-n O L plans and specifications. Ea 14 9 Furnish and Install 5-gallon Shrubs Parthenocissus Tricuspidata per 30 I L10 plans and specifications. Ea 58 10 Furnish and Install 1-gallon Groundcover Arctostaphylos Emerald Carpet per Plans and Specifications. Ea 170 10 11 Furnish and Install 1-gallon ground cover Cotoneaster Dammed per 10.53 Plans and Specifications. Ea 19 CBF-1 I.. U St e r~~ / o.cPiL BIDDER: L~Q S C~6 12 Furnish and Install 1-gallon ground cover Heuchera Maxima per Plans E 37 10 3~J / 0 and Specifications. a cover Liriope Muscari per Plans D and Specifications. Ea 45 14 Furnish and install flats ground cover Gazania Rigens Yellows 7 C, -2 3 ~sa approximate 36 plants Ea 7 15 Furnish and install flats ground cover Osteospermum Fruticosum E 8 s 3~d Purple approximate 36 plants a 16 Furnish and install 24-inch box tree 2s Cards Occidentalis. Ea 18 17 Furnish and install 24-inch box tree l E 1o 225 n / y 250 e. Cotinus Coggygria Royal Purp a 11 13 Furnish and Install 1-gallon ground TOTAL BID PRICE $ Fr l v` l l~I r) ~sG ~1 Ck Dollar amount in written form The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Calendar Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed bythe Owner and a third party, whichever is earlier. The undersigned also agrees that if there is a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern. If the Bid Documents specify alternate bid items, the following Alternate Bid amounts shall be added to or deducted from the Total Bid Price entered above. The owner can choose to include one or more of the alternates in the Total Bid Price of the Project. If any of the Alternate Bids are utilized by the Owner, the resulting amount shall be considered the Total Bid Price for the Project. Project will be awarded on Base Bid Schedule. Attached hereto is a certified check, a cashier's check or a bid bond in the amount of Dollars said amount being not less than ten percent (10%) of the Total Bid Price. The undersigned agrees that said amount shall be retained by the Owner if, upon award, we fail or refuse to execute the Contract and furnish the required bonds, certificates and endorsements of insurance and other certifications within the time provided. If awarded a Contract, the undersigned agrees to execute the formal Contract, which will be prepared by the Owner for execution, within five (5) Calendar Days following the Letter of Award for the Contract, and will deliver to the Owner within that same period the necessary original Certificates e' of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all other documentation and certification required by the Contract. CBF-2 St ¢ /rt..flaiK BIDDER: `"scaj The undersigned offers and agrees that if this bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the Business and Professional Code), arising from purchases of goods, materials or services by the Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to he Contractor. Bidder understands and agrees that, when requested by Owner, he shall provide: (1) evidence satisfactory to the Owner of Bidder's California contractor's license(s) in good standing; (2) evidence that the person signing this Bid is authorized to bind Bidder to this Bid and to a contract resulting therefrom; and (3) any other information and documentation, financial or otherwise, needed by Owner to award a Contract to the lowest responsible and responsive bidder. Bidder understands and agrees that liquidated damages shall apply to this Contract in the amounts and subject to the terms and conditions described in the Contract Form and the Contract Documents. Bidder acknowledges that data submitted with its Contract Bid Forms which it requires to be incorporated into a Contract arising out of this Submittal has been so identified by Bidder. Bidder further acknowledges that the Owner may, at its discretion, incorporate any of the remaining data submitted herewith into a contract arising out of this Bid. The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Contract Documents. Addenda Nos. L ( The Bidder understands and agrees that the Total Bid Price is inclusive of all labor, materials, and equipment or supplies necessary to complete the Work as described in the Bid Documents. If this bid is accepted, the undersigned Bidder agrees to enter into and execute the Contract with the I necessary bonds and accept the Total Bid Price as compensation in full for all Work under the ■ contract. CBF-3 By: Signature Type or P~fint Name Title Bidder's/Contractor's State of Incorporation: Partners or Joint Venturers: BIDDER: Le;,- "e, LI I S ~G..,f ~CL .s~ Business StreEFt Address rO J t 4e- 9/a of City, State and Zip Code z9A 358 2.3$' Telephone Number W/+ Bidder's License Number(s): C- 2 / -746 11 q 7 NOTES: 1) By its signature on this Bid, the Bidder certifies under penalty of perjury the accuracy of the representations made on the Contract Bid Forms. 2) If Bidder is a corporation, enter State of Incorporation in addition to Business Address 3) If Bidder is a partnership or joint venture, give full names of all partners or joint venturers. As further discussed in the Instructions to Bidders, Bidder will be required to provide evidence that the person signing on behalf of the corporation, partnership or joint venture has the authority to do so. CBF-4 I 1, I I I II I I i \ Madre- 5 N BIDDER: L-r,^ G G SECTION 2 BID DATA FORMS CBF-5 M BIDDER: 4r^/~GG S~a'° Bidder shall submit its Bid data in accordance with the format shown on each of the following Bid Data Forms. Bidders shall prepare and use as many sheets as are necessary to adequately provide the information required. Bidder shall ensure that every page of its Bid Data Forms are properly identified with the Bidder's name and page number. 2.A BID BOND 0 q-rp✓~ Pa5es KNOW ALL MEN BY THESE PRESENTS: THAT as Principal, and as Surety, are.held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of DOLLARS being not less than ten percent (10%) of the Total Bid Price; for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a bid to the OWNER to perform all Work required for the Ramona North Beautification Project as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated NOW, THEREFORE, if said Principal is awarded a Contract for the Work by the OWNER and, within the time and in the manner required by the above- referenced Bid Documents, enters into the written form of Contract bound with said Bid Documents, furnishes the required bonds (one to guarantee faithful performance and the other to guarantee payment for labor and materials) furnishes the required insurance certificates and endorsements, and furnishes any other certifications as may be required by the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the OWNER and judgment is recovered, said Surety shall pay all costs incurred by the OWNER in such suit, including reasonable attorneys' fees to be fixed by the court. SIGNED AND SEALED, this day of (SEAL) Principal By: Signature Surety 20 By: Signature CBF-6 serrr- ~1112 ~f, BIDDER: ~e(_V ~ 2.B LIST OF PROPOSED SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices Act," Sections 4100 through 4114 of the California Public Contract Code, and any amendments thereto, each Bidder shall provide the information requested below for each subcontractor who will perform work, labor or render service to Bidder in or about the construction of the Work in an amount in excess of one-half of one percent (greater than 0.5 of the Bidder's Total Bid Price, 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 of the Contractors total bid or ten thousand dollars ($10,000), whichever is greater, and shall further set forth the portion of the Work which will be done by each subcontractor. Bidder shall list only one subcontractor for anyone portion of the Work. Pursuant to Public Contract Code Section 4104, the Owner has determined that it will allow Bidders twenty-four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. If the Bidder fails to specify a subcontractor for any portion of the Work to be performed under the Contract, it shall be deemed to have agreed to perform such portion itself, and shall not be permitted to subcontract that portion of the Work except under the conditions set forth below. Subletting or subcontracting of any portion of the Work in excess of one half of one percent (greater than 0.5%) of the Total Bid Price 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 of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, for which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after Owner approval. CBF-7 BIDDER: L~c~SuyoL 2.13 LIST OF PROPOSED SUBCONTRACTORS (continued) [-'Duplicate Next 2 Pages If needed for listing additional subcontractors." I Name and Location Description of Work of Subcontractor to be Subcontracted Name: [Ca l"7;Mer r Corieref C 77i AX, Address 54SS re;_3 r ,-riJt Adeje C, Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: CBF-8 Se¢ c rrc-M m BIDDER: L&-ft&FC~o~ e- 2.C REFERENCES The following are the names, addresses and telephone numbers for three public agencies for which BIDDER has performed similar work within the past two (2) years: p 232 GJ. 5'~er~ /'"!~~-c IC4L 1. m Q' ~r errr rt. Sret~rz i7.~dl~~ 5'l02~/ Name and Address of Owner G/IrLIs b'26 355 7/35 Name and telephone number of person familiar with project 34 29 H La,.~scc/pe t ~'6rFry 2AP nL Contract amount Type of Work .32 C~ S•~ Date Completed *l A t rr~ _f C.~a~rc a? /wJde! 4rdCJ2 Name and Address of Owner ,17 4 626 35S 77i 3 S Name and telephone number of person familiar with project n q~p~ 31 300 Loy+ol~cyoe GO/atber5 Pte,/ :ax8 Contract amount Type of Work - Date Completed 3. Q/ / l( O ge-e-S A ti✓ C - Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work 1 ~ r c / Date Completed 4. Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed CBF-9 ~ Si /C w BIDDER: ~waGL~~PL SECTION 3 NON-COLLUSION AFFIDAVIT CBF-10 Ste«w ~ BIDDER: L~s~c NON-COLLUSION AFFIDAVIT In accordance with Public Contract Code Section 7106, the undersigned, being first duly sworn, deposes and says that he or she holds the position listed below with the bidder, 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 any other 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 contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Signature G~S'(G./ ~~erti(o.1 Typed or P ted Name ' . Title i 6 fra r Bidder Sub cribed and sworn before me This day of 20 l (S ) ea Se G Q . o c7 Notary Public in and fo I Se n ti .y~q y4'c the State of California My Commission Expires: a~~~ry sfotoiz State of L,4 C/ i~ ve c Countyof r .a.-fr/~S Subscribed and sworn (or affirmed) to Bur,••~sLcy ,ry~ ST., fo,u defer ' 7 day of e_ -y1'6 (SLgwaae of Noany) MARTV E. BRILL Comm.# 1610990 N NOTAR N Y PUBLIC-CO NORNIA Los ANGETY UWE lir Cow. EXP. AUG. 24, 2012 CBF-11 ~Sierra Madre Landscape BIDDER: _ d - Bidder shall submit its Bid data in accordance with the format shown on each of the following Bid Data Forms. Bidders shall prepare and use as many sheets as are necessary to adequately provide the information required. Bidder shall ensure that every page of its Bid Data Fortes are properly identified with the Bidders name and page number. 2.A BID BOND KNOW ALL MEN BY THESE PRESENTS: THAT SIER Principal, and DEVELOPERS COMP as , as Surety, are held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of 10% being not less than ten percent (10%) of the Total Bid Price; for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointlyand severally, finely by these presents. WHEREAS, said Principal has submitted a bid to the OWNER to perform all Work required forthe Ramona North Beautification Project as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated _ DPrPmhPr 2 n9 . NOW, THEREFORE, if said Principal is awarded a Contract for the Work by the OWNER and, within the time and in the manner required by the above- referenced Bid Documents, enters into the written form of Contract bound with said Bid Documents, furnishes the required bonds (one to guarantee faithful performance and the other to guarantee payment for labor and materials) furnishes the required insurance certificates and endorsements, and furnishes any other certifications as may be required by the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the OWNER and judgment is recovered, said Surety shall pay all costs incurred by the OWNER in such suit, including reasonable attorneys' fees to be fixed by the court. SIGNED AND SEALED, this 30th dayof November 2009 SIERRA MADRE LANDSCAPE (SEAL) Principal By: ignaiure By: DEVELOPERS SURETY AND INriymNT.TY COMPANY (SEAL) . Surety Signature ature Carol Strum Attorney-1n-fact CBF-6 111 ACKNOWLEDGMENT State of California Countyof_ Ventura ) On November 30, 2009 before me, John Strum, Notary Public (insert name and title of the officer) personally appeared Carol Strum who proved to me on the basis of satisfactory evidence to be the person(;4whose name(s)) is/ate subscribed to the within instrument and acknowledged to m e that he/she/ttaey executed the same in <-4i6/her/their authorized capacity(iee), and that by tail/her/their- signature(,B') on the instrument the personA, or the entity upon behalf of which the per son($) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. J HNSTRUM C6nanb314a t 1540823 Notary Pubtk • CAMMIe Vtnurra County a 13,201S Signature _ (Seal) I POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 JALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do hereby make, constitute and appoint ***Carol Strum*** as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety. ship giving and granting unto said Attorney(s)-i -Fact full power and authority to do and to Parton every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s}in-Fad, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power ofAtfomey, RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any c4ficale relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respell to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1st, 2008. Stephen T. Pate, Senior Vice Presiders °ype;`pgP00?4 4ti:: pPPOgq "C _ O T 9 By. /J, a u~i f O DT. i• 2= OCT. 5 4 T '-'o s. 1936 `o? W 1967 y Charles L. Day, Assistant Secretary ~,p'-., %as= o ~P 'Z low P, Y State of California County of Orange On January 1st, 2008 before me, Christopher J. Roach Notary Public _ Dale Here Insert Name and Title of the Officer - personally appeared Stephen T. Pate and Chades L. Da Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in histhedtheir authorized CHRISTOPHER J. ROACH capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. x" COMM. B 1745999 :E NOTARY PU$tJC CALIFORNIA I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANGE COUNTY N true and correct. K_ My comm. e)*w May 19, 2011 WITNESS my hand and official seal. Place Notary Seal Above Signature 9 Ch er J. Roach CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does heeby Pertly that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Cenifcate is executed in the City of Irvine, California, the 3 Q t bay of November. 2009 By: Albert Hillebrand, Assistant ecretary ID-1380(Wet)(Rev.07107)