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Sully-Miller ContractingSECTION 1 - BID SCHEDULE BIDDER: SULLY- MILLER CONTRACTING COMPANY BID SCHEDULE SCHEDULE OF PRICES FOR WALNUT GROVE BEAUTIFICATION AND TRAFFIC CONGESTION IMPROVEMENTS PROJECT No. P82929 BASE BID SCHEDULE TOTAL BASE BID PRICE (SCHEDULE BID PRICE): $ /F 47 gvyS. / p vE NV4/P2ED LX� SF r En/ JV&,j a vn Cr k/ � /� ::' 2 Y ��v� 0061 2 r Dollar amount in written form Note: The City of Rosemead reserves the right to reduce or increase the quantities of any items in the schedule of bid items above, within the limits define in Section 3 -2.2.1 of the Standard Specifications, to stay within the budgeted amount of this project. CBF -1 EST. UNIT ITEM NO. ITEM DESCRIPTION UNIT CITY. PRICE COST 1 Perform Clearing & Grubbing per k LS 1 plans and specifications. yo 000. yo. 2 Disposal of Waste Materials. LS 1 q-5oo. 3 Remove existing and construct 8- SF 600 inch thick PCC Pavement over 6- inch CMB over compacted native as indicated on the plans per APWA STD. Plan 132 -3. 4 Remove existing and construct 6- LF 120 inch PCC curb and 24 -inch PCC APWA STD. Plan 120 gutter per -2, 5 Remove, dispose existing and SF 5,175 construct 6" to 12" Diameter Yakima River Rock Stone Veneer by El Dorado Stone or approved equal distributed by Southeast Construction at (626) 359 -9367. Provide sample to City for approval prior ordering. 6 Install Traffic Striping as indicated the LS 1 on plans 7 Remove, dispose existing and LS 1 Install new Landscape and Irrigation per plans and 0/ 5-090 specifications complete. TOTAL BASE BID PRICE (SCHEDULE BID PRICE): $ /F 47 gvyS. / p vE NV4/P2ED LX� SF r En/ JV&,j a vn Cr k/ � /� ::' 2 Y ��v� 0061 2 r Dollar amount in written form Note: The City of Rosemead reserves the right to reduce or increase the quantities of any items in the schedule of bid items above, within the limits define in Section 3 -2.2.1 of the Standard Specifications, to stay within the budgeted amount of this project. CBF -1 BIDDER: SULLY- MILLER CONTRACTING COMPANY The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the= Work is fully executed by the 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. Attached hereto is a certified check, a cashier's check or a bid bond in the amount of 10% OF BID Dollars ($ 10 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 of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all other documentation and certification required by the Contract. 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. CBF -2 BIDDER: SULLY— MILLER CONTRACTING COMPANY 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 necessary bonds and accept the Total Bid Price as compensation in full for all Work under the contract. CBF - 3 i By Title BIDDER: SULLY- MILLER CONTRACTING COMPANY 1100E ORANGETHORPE AVE_ STE. 200 Business Street Address ANAHEIM CA 92801 City, State and Zip Code 714 -575 -9600 Telephone Number Bidder's /Contractor's State of Incorporation: DELAWARE Partners or Joint Venturers: N/A Bidder's License Number(s): 74761 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. i CBF -4 CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF ORANGE On January 19, 2010 before me, M. Hidalgo, personally appeared Gary Downev who proved to me on the basis of satisfactory evidence to be the persons) whose name(&) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his /°� / „�rIthei authorized capacityoes), and that by hiss is „'� signature(&) on the instrument the person(&), 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 M. HIDALGO t and correct. Q COMM # 1817413 )M” W c NOTARY PUBLIC - CALWORM WITNESS my hand offici seal ORANGE COUNTY i • A1y Commission Fxplms Oct 1520 L -�1• too •••••••••••••..+.•<••••••• Signature M. idalgo, Notary Public Notary Seal OPTIONAL /, Description of Attached Document Title or Type of Document: Document Date: January 15, 2010 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s): Signer's Name Gary Downey Signers Name ❑ Individual ❑ Individual Fx Corporate Officer— Title(s) ❑ Partner — Limited /General ❑ Attorney In Fact E] Trustee E] Guardian or Conservator Other Signer is Representing: Assistant Secretary E] Corporate Officer— Title(s) Right Thumbprint Ig Partner — Limited /General Attorney In Fact ❑ Trustee Guardian or Conservator ❑ Other SULLY - MILLER CONTRACTING COMPANY 1 Right Thumbprint of Signer CERTIFICATE OF INCUMBENCY AND RESOLUTION I, Gary Downey, do hereby certify that I am the Assistant Secretary of Sully - Miller Contracting Company, a Delaware corporation, and that as such I have access to and custody of the corporate records and minute books of said corporation. And I do hereby further certify that the following persons are duly elected officers of said corporation. TITLE NAME Chairman of the Board Gordon R. Crawley President David Martinez Chief Financial Officer /Treasurer /Vice President Timothy P. Orchard Vice President/Assistant Secretary Michael Edwards Secretary Anthony L. Martino II Assistant Secretary George Aldrich Assistant Secretary Scott Bottomley Assistant Secretary Gary Downey I further certify that the following is a true and correct copy of a resolution duly adopted by the Board of Directors of said Company at a meeting held on January 16 °i, 2009, and that this resolution has not been in any way rescinded, annulled, or revoked but the same is still in full force and effect: "AUTHORITY TO EXECUTIVE BIDS AND CONTRACTS" Resolved, that any officer or assistant officer of this Company be and each of them is hereby authorized to execute in the name and on behalf of this Company under its corporate seal any and all proposals for the sale of products, merchandise and services of this Company and any bids and performance bonds required in connection therewith, to the United States, and of the State, territories and dependencies of the United States, the District of Columbia, cities, towns, townships, counties, school districts, and to the department, political subdivisions, agencies or wholly -owned corporations thereof, or to any other person." IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this 9 °i day of February 2009. (SEAL) Su11y1 Miller Contracting 1100 /E. Orangethorpe Anaheim, CA 92�Of Ste. 200 BIDDER,: SULLY-KILLER CONTRACTING COMPANY SECTION 2 BID DATA FORMS CBF -5 ........... Executed In Triplicate - -- - - ` Project No. P82929, Fiscal Year 2009 -2010 BIDDER: Sully- Miller Contracting Company 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 Bidders name and page number. 2.A BID BOND KNOW ALL MEN BY THESE PRESENTS: THAT Sully- Miller Contracting Company as Principal, and _ Liberty Mutual Insurance Company as Surety, are held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of Ten Percent of Amount Bid DOLLARS ($ 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, jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a bid to the OWNER to perform all Work required for the WALNUT GROVE BEAUTIFICATION AND TRAFFIC CONGESTION IMPROVEMENTS as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated 112012010 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 14th day of January , 20. So . Sully- Miller Contracting C_ omoanv (SEAL) Liberty Mutual Insurance companJSEAL) Surety Signature Victona M. Campbell, Anomey -in -F CBF -6 ... a...,...., CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA l COUNTY OF ORANGE Jj On January 19. 2010 before me, M. Hidalgo, personally appeared Gary Downev who proved to me on the basis of satisfactory evidence to be the person(s) whose name(-&) is/afe subscribed to the within instrument and acknowledged to me that heiE;heAhey executed the same in his�H. erithe`H° authorized capacity(ieo, and that by hislher/the r signature(&) 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 °O°°0O°e°° ° ° ° ° ° °°°°°° °e0O•°°+•• the State of California that the foregoing paragraph is true M. HIDALGO °O "! and correct. Q COMM # 1817413 W NOTARY PUBLIC- CALIFORWA M WITNESS m hand and o icia seal Q - ORANGE COUNTY y �seReY•°•°ww commission Expires w••iiN•' P(1 Signature M. Hnolpo, Notary P Mi Notary Seal OPTIONAL of r Description of Attached Document Title or Type of Document: Bid Bond Document Date: January 14, 2010 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s): Signer's Name Gary Downey Signers Name ❑ Individual OX Corporate Officer — Title(s) ❑ Partner — Limited /General ❑ Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer is Representing Assistant Secretary Right Thumbprint of Signer ❑ Individual ❑ Corporate Officer — Title(s) ❑ Partner — Limited /General ❑ Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other SULLY - MILLER CONTRACTING COMPANY Right Thumbprint of Signer CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange On January 14, 2010 before me,Kim Heredia, Notary Public DATE NAME, TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC- personally appeared Victoria M. Campbell , who proved to me on the basis of satisfactory evidence to be the person(s) whose names (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 1 s /her / theiF signature(s) on the instrument the person(s), 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. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑INDIVIDUAL ❑CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR JAN 1 4 2010 ❑ OTHER: L DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) A A A KIM HEREDIA C H COMM. #1757050 CU U - m NOTARY PUBLIC - CALIFORNIA -1 ORANGE COUNTY p MY Ca m. Eapr" July /4, 2011 WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑INDIVIDUAL ❑CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR JAN 1 4 2010 ❑ OTHER: L DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) BIDDER: SULLY— MILLER CONTRACTING COMPANY 2.6 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 orabout 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 Contractor's 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 hereinafter set forth below. Subfetting 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: SULLY— MILLER CONTRACTING COMPANY 2.6 LIST OF PROPOSED SUBCONTRA -CTORS (continued) i "'Duplicate Nez 2 Pages if needed for listing additional subcontractors. °] Name and Location Description of Work of Subcontractor to be Subcontracted Name: Sd9 e,o Po- Sete- Address C Name and Location Description of Work of Subcontractor to be Subcontracted Name: ka1 0 Z -•nsc Address: f ss /R'a- idUtf 14�9JN�zEi Name and Location of Subcontractor Name: Address: Name and Location of Subcontractor Name: Address: Name and Location of Subcontractor Name: Address: w-inu Description of Work to be Subcontracted Description of Work to be Subcontracted Description of Work to be Subcontracted BIDDER: SULLY— MILLER CONTRACTING COMPANY 2.0 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: 1. * ** PLEASE SEE THE ATTACHED LIST OF EXPERIENCE & QUALIFICATIONS * ** Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work 2. Date Completed Name and Address of Owner _ Name and telephone number of person familiar with project Contract amount Type of Work 3. Date Completed Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work 4. Date Completed Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed CBF -9 BIDDER.: SULLY- MILLER CONTRACTING COMPANY SECTION 3 rNON-COLLUSIONAFFIDAVIT CBF -10 BIDDER: SULLY— MILLER CONTRACTING COMPANY NON - COLLUSION AFFiDA iT 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. ASSISTANT NEU&MIAKI Title SULLY— MILLER CONTRACTING COMPANY Bidder * ** PLEASE SEE ATTACHED JURAT FOR PROPER WORDING * ** Subscribed and sworn before me This _ day of , 20_ (Seal) Notary Public in and for the State of California My Commission Expires: CBF -11 r CALIFORNIA JURAT WITH AFFIANT STATEMENT STATE OF CALIFORNIA COUNTY OF ORANGE Subscribed and sworn to (or affirmed) before me on this 19th day of Janua , 2010, by GEC Downey, proved to me on the basis of satisfactory evidence to be the person who appeared before me. M. HIDALGO COMM # 1817413 D lu NOTARYPUBLIC•CALIFOgNU WITNESS my hand a d official seal Q ORANGE CWNW eeee" �meeeeee« iea•eie� a:e.2 Signature algo, Notary Pul Notary Seal Description of Attached Document Title or Type of Document: Non- Collusion Affidavit Document Date: January 19, 2010 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s): Signer's Name Gary Downey Signers Name ❑ Individual E3fl Corporate Officer — Title(s) Partner — Limited /General ❑ Attorney In Fact Trustee Guardian or Conservator Other Signer is Representing: Individual Assistant Secretary r—] Corporate Officer — Title(s) E] Partner — Limited /General Right Thumbprint Attorney In Fact of Signer Trustee Guardian or Conservator Other SULLY - MILLER CONTRACTING COMPANY 1 Right Thumbprint A