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Belaire - West Landscape, Inccl CITY OF ROSEMEAD WALNUT GROVE BEAUTIFICATION AND TRAFFIC CONGESTION IMPROVEMENTS PROJECT No. P82929 CONTRACT BID FORMS ti EiDDEF: CONTRACT BID FORMS TABLE OF CONTENTS SECTION 1 BID SCHEDULE ...................................................................................................1 SECTION 2 BID DATA FORMS ...............................................................................................5 2.A BID BOND ............................................................................................................7 2.6 LIST OF PROPOSED SUBCONTRACTORS 8-9 2.C REFERENCES .......................................................................................10 SECTION 3 NON-COLLUSION AFFIDAVIT 12 CBF-12 SECTION 1 - BID SCHEDULE BIDDER- " L.1 * tAP-'\ 14j l A~l~.ALC B;D SCHEDULE SCHEDULE OF FFdICES FOR WALNUT GROVE BEAUTIFICATION AND TRAFFIC CONGESTION IMPROVEMENTS PROJECT Po'•e. P82929 BASE BID SCHEDULE EST. UNIT ITEM NO. ITEM DESCRIPTION UNIT QTY. PRICE COST 1 Perform Clearing & Grubbing per LS 1 plans and specifications. i (7 J 1 0Q) 2 Disposal of Waste Materials. LS 1 ( C3 (Z ) b 3 Remove existing and construct 8- SF 600 inch thick PCC Pavement over 6- inch CMB over compacted native 7 Z~OC>O as indicated on the plans per APWA STD. Plan 132-3. 4 Remove existing and construct 6- LF 120 l n~q inch PCC curb and 24-inch PCC gutter per APWA STD. Plan 120-2. 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 LS 1 2~Ob 7 2~ v on the plans 7 Remove, dispose existing and LS 1 Install new Landscape and (O~ O ~Q bCOo Irrigation per plans and specifications complete. TOTAL BASE BID PRICE (SCHEDULE BID PRICE): Dollar amount in written form y//p 4- 11blop;CiD r167 A' 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: 6L~Le,--A 1.t, -cc 4V The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by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 1 1d s Dollars k " ) said amount being not less than ten percent (10%) of the Total Bid Price. The undersigned agrees that said amount shall be retained bythe 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 The Bidder understands and agrees that the Total Bid Price is inclusive of all labor, materials, and equipment or suppi;es 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 bends and accept the Total Bid Price as compensation in full for a!I Work under the contract. CBF-3 BIDDBn:~.\teisa-yet-4th ~4n~C By: G~-_,~ e.l sscGV Signature Business Street Address Type or Print Name Title City, State and Zip Code F1)1/ SI_ ~ a- z) Telephone Number Bidder's/Contractor's State of Incorporation: Partners or Joint Venturers: Bidder's License Number(s): 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 SECTION 2 BID DATA FORMS CBF-5 BIDDER: Belairz West Landscape, Inc. 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 KNOW ALL MEN BY THESE PRESENTS: THAT Belaire-West Landscape, Inc. Principal, and asualb Com any as as Surety, are held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of Ten percent of amount bid 10% 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 WALNUT GROVE BEAUTIFICATION AND TRAFFIC CONGESTION IMPROVEMENTS as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated January 20, 2010 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) fumishes 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 15th day of _ Belaire-West Landscape, Inc. (SEAL) Principal j J By: 6ignature January By: 2010 Ullico Casualty Company (SEAL) rety Signature Pamela McCarthy, Attorney-in-Fact CBF - 6 CALIFOfNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California \ ss. County of San Bernardino On January 15, 2010 before me, Cynthia J. Young Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") Personally appeared Pamela McCarthy paaw~ yy CYNTHIA J. YOUNG COMM. # 1806614 z Z_ " • NOTARY PUBLIC - CALPFORNIA3 SAN BERNARDINO COUNTY .e pees July 15, 2012 ANppq Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her 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 and correct. WITNESS my hand and official seal. lam. ~ K cr4_ . ~.l/n / / SIg6 ure of Notary U lic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual O Corporate Officer Title O Partner O Limited O General O Attorney-in-Fact O Trustee O Guardian or Conservator Other: Signer is Representing: Number of Pages: VU ULLICO Casualty Company ~~`v ' 1625 Eye Street, N.W. Washington D.C. 20006 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That ULLICO CASUALTY COMPANY (the Company), a corporation organized and existing under the laws of the State of Delaware, does hereby constitute and appoint: Jay P. Freeman, Pamela McCarthy, Susan C. Monteon, Cynthia 1. Young, of Alliant Insurance Services, Inc. Its true and lawful Attorney (s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $5,000,000.00. This Power of Attorney is granted and is signed and scaled by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of UI.I.ICO Casualty Company at a meeting duly called the 15th day of July, 2009. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attorney(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attomey-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WH REs F, ULLIE CASUALTY COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized office this Y'~-day o 'G e 20 /G? ~xxxx.~s u e f f G.•PPO •••,O ii 1 O:vO R9.p = V: SEAL `3 ~ SIDENT j:a1479 'm°°= Daniel Aronowitz President ULLICO Casualty Company, a Delaware Corporation. On this 16th day of July 2009, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly swom said that he is the therein described and authorized officer of the ULLICO CASUALTY COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. f 5 /~qqj Notary Public CATHERINE M. OBRIEN NOTARY PUBLIC STATE OF MARYLAND MONTGOMERY COUNTY MY COMMISSION EXPIRES JANUARY 21, 2012 CERTIFICATE I, Teresa E. Valentine, Senior Vice President, General Counsel and Secretary of ULLICO Casualty Company, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 16th day of July 2009 are true and correct and are still in full force and effect. I do further certify that that Daniel Amnowitz, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of ULLICO Casualty Company, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 16" day of July 2009. Teresa E. Valentine Senior Vice President, General Counsel & Secretary ULLICO Casualty Company CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of (12,411` e, On / ~Ir> before me, /,Z47,✓G6 e, /L~GC~ir ~~?{ZL`:Q. , Date Here Insert Name and Title of th fficer personally appeared who proved to me on the basis of satisfactory evidence to be the person whose name ly~~ Is/ar subscribed to the within instrument and acknowledged to me i8i!r t K!she*y execut-A the same in her/t and that by signatureWapacity(jon the instrument the person or the entity upon behalf of which the person acted, executed the instrument. {eNeNeeNeNeeeNeeeeOeeNNNONNNN I certify under PENALTY OF PERJURY under the r MARIE 1. ANDERSON laws of the State of California that the foregoing Q COMM # 1810508 m paragraph is true and correct. LU NOTARY PUBLIC - CALIFOtWIA Q - OFIANCaE COUNTY 33 MycommisslonFxPlresAuq.22,201z- eeeee ee Nee w ee WITNESS my hand and official seal. eNNee eeeNeeeseeeeNeet Signature: '~r 41 -r96C`' Place Notary seal and/or Stamp Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form/ to another document. Description of Attached ,9ocluent Title or Type of Docu nt r5 ill !3~'C✓•~ G~y ~U5 i~ c>?2~ LL~l1 ~~-t< (~%'~~UC~ Document Date: 17-Number of Pages: 3 Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Signer's Name. Signer's Name: X Corporate Officer - Title: ❑ Corporate Officer - Title(s): ❑ Individual - ❑ Partner - ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ~l ❑ Individual ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here ®2008 Nalional Notary As,oualon•9350 De Soto Ave.,P.O.H..zau[4-nalswono, t,A riau¢aot•wrvw.nanonairvmery.o,y oeni foul nemue,.-11wi rice 1 2.13 LIST OF PROPOSED SUBCONTRACTORS In compliance with thee "Subletting and Subcontracting Fair Practices Act," Sections 4100 through 4114 of tha California Public Contract Code; and ary amendments thereto, each Bidders ha I l 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 F'rice, 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 any one 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. 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 . J6 2.o E..iST vF PROPOSED st:SCONTR".CTOrS (Continaad) [""Duplicate Ne4 2 Pages if nee-ea far listin5 aaaitionai suSCOntractors.'"~ Name and Location Description of Work of Subcontractor to be Subcontracted Name: 0 /04IK COL)M)STA I P/6V C2 Address: Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: Name and Location of Subcontractor Name: Address: Description of Work to be Subcontracted Name and Location of Subcontractor Name: Address Description of Work to be Subcontracted Name and Location of Subcontractor Name: Address: Description of Work to be Subcontracted CBF - S BIDDEN : t~~w~c-~t1E=5~- ~ +~cl>~r_C~~c 2.C REFERENCES The following are the nar,,es, addresses 2nd telephone numbers for three public agencies for which BIDDER has performed similar work within the past two (2) years: 1. Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed 2. Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed 3. Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work 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 SECTION 3 NON-COLLUSION AFFIDAVIT CBF-10 1, 10 ri-001 UUUSl0'i 4rrIJAVI I In accordance with Public Contract Code Section 7106, the undersigned, being first duiy 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, orcorporation; thatthe bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put ir. 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 Subscribed and sworn before me This /5'#iday of , q r't/a Typed or Printed Name Title Bidder 20_/~) (Seal) Notary Public in and for the State of California ((,9 My Commission Expires: 20eNee0000eee0eeeNOOgeNee00eeeNONeN MARIE J. ANDERSON D COMM 0 1870508 M W NOTARY RUBLIC•CALIfORNIA Qj ORANGE COUNTY a~ jNeee eNe eeeMe5e00He1~0606~N 20e2ej CBF-11 A r, 1 CALIFORN9A ALL-PURPOSE ACKNOWLEDGMENT State of California County of It /t On l f U before me, lvl!leCs2l 'f, /%N~~P~c Ste, r OZ1fl `~~l Date Here lnsen Name and Title of the~Onicer personally appeared who proved to me on the basis of satisfactory evidence to be the person whose nameK is/aaX subscribed to the within instrument and acknowledged to me that t~/she/tH y executed the same in d/her/th authorizerccapaciry(ieKs), and that by (/her/th r signature k on the instrument the person(, or the entity upon behalf of which the person) acted, executed the instrument. ggqqqqq0qqqqqq0qqqqq0lqNNOqNqN MARIE J. ANDERSON COMM N 1810508 m NOTANY W PUBLIC•CALIFOflIA N Q ORANG7t4dY MN Y C"'I551on Ezpiros If 22, 201a jg1Nq gNNNgqqqqqOqOOqqqqqqNqqq Place Notary Seal and/or Stamp Above OPTIONAL Though the information below is not required by law, it may and could prevent fraudulent removal and reattac Description of AttachedDocyment Title or Type of Docume/nj'NoA - LG Document Date: l ( / j e2 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: XCorporateOfficer - Titlex,_ 2r-S[r~PA/ ❑ Individual ❑ Partner - ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ~u Signer's Name: ❑ Corporate Officer - Title(s): ❑ Individual ❑ Partner - ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 3rove valuable to persons relying on the document iment of this form to another d current. L fl/ Y'OCStiGttC~t~d ~bjT ~tir(J7 /L~ t Number of Pages: 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: Signature of Notary Public 02008 National Notary Association- 9350 De Soto Ave., P.O.Bcx 2402.Ohatsmnh,CA 91313-2402•v NatioaalNotary.org Item N59u1 Heomeccan ton+ree It ere wz,