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CDC - Item 2 - Bid Openning - Construction Of Rosemead Center's Pre-School RestroomWSW, R(Df TO: FROM DATE: RE: Rosemead Development Commission 8838 East Valley Boulevard, CA 91770 Tel 626.569.2100 Fax 626.307.9218 MEMORANDUM BILL CROWE, EXECUTIVE DIRECTOR MICHAEL D. BURBANK, DIRECTOR OF PARKS AND RECREATION MAY 20, 2004 BID OPENING - CONSTRUCTION OF ROSEMEAD CENTER'S PRE- SCHOOL RESTROOMS As part of this year's budget, sixty-thousand dollars 60,000.00), was appropriated to build a set of Pre-School Restrooms at the Rosemead Center. . On May 4, 2004, bids were received and opened with the following results: i We Inc. $ 48,880.00 ➢ CWS $ 58,400.00 ➢ Cavalier Construction $ 84,895.00 ➢ Unique Performance Center $ 96,700.00 Staff has completed a review of the low bidder (We, Inc.), and found them to be non- responsive in three areas: They did not supply the required financial information, trade reference, nor did they sign and notorize the Statement of Qualifications. The second low bidder (CWS, Inc.), faxed a letter to me on Thursday, May 6, 2004, indicating they had made a mathematical error of $ 17,000.00, and wants to withdraw their bid (see attached). That leaves Cavalier Construction as the low bidder at $ 84,895.00. COMMISSION AGENDA tvgy 2 5 2004 ITEM No._~t . 07-n-b9s/sb This project was bid twice before, with the following results: May, 2003 - $ 84,935.00 - $ 99,995.00 June, 2003 - $ 89,935.00 The current low bidder (Cavalier Construction) is twenty-five thousand dollars 25,000.00) over the established budget: The prior two bids and this one,seem to establish the construction cost of this project at about $ 85,000.00. RECOMMENDATION: That the Commission Board: 1. Determine that the apparent low bidder, We Inc., is non-responsive for failure to supply required financial information, trade references and a notarized signature on the Statement of Qualifications; and 2. Determine that the next low bidder, CWS, Inc., be allowed to withdraw their bid due to a mathematical mistake in the computation of their submitted bid; and 3. Award the project to Cavalier Construction at their bid price of $ 84,895.00 and authorize the Chairman to sign the agreement, and 4. Appropriate $ 25,000.00 from unappropriated reserves to cover the increased cost of the project. Attachments Bid Proposal List of Subcontractors Bid Bond Contractor's Qualification Statement Contract Agreement Request for Withdrawl, CWS, Inc. List of bidders 07-n-b9s/sb BID PROPOSAL FORM TO: Rosemead Community Development Commission 8838 East Valley Boulevard Rosemead, California 91770 1 have received the documents titled: Notice Inviting Bids, Drawings, Instruction to Bidders, Specifications, Contractors Qualification Statement, and Bid Proposal Form, and Addendums 1 /1/#~ g = I have satisfied myself as to the scope of work and conditions oft' e site. In submitting this Proposal, I agree To hold my bid open for sixty (60) calendar days from the date of this Proposal 2. To comply with the provisions of the Notice Invi ng Bias, Instruction to Bidders, Specifications and Drawings. To furnish bonds and Insurance as noted in the Instruction to Bidders. a. To begin work within ten (10) working days after receiving the No ce to Proceed. 5. All work must be accomplished within seventy-five (75) consecutive calendar days 6. Owner will retain 105' of the incremental payments pending resolution of Notice of Completion. 7. I have completed and enclosed the Contractor's Qualification Statement and List of Sub-Contractors. 8. Sign and Submit Agreement 9 To name the Rosemead Community Development Commission and the CAN, of Rosemead as additional insureds on the Insurance Certificate. S q,) I will provide all labor, materials, supplies an in these documents for the lump sum bid of9 BY: ADDRESS: Z- _L/36' Street v4 DATE: ,600 City y Zip Code TELEPHONE NO.(Z 6 2 Z- 2 973 CONTRACTOR'S LIC 7: 3 / z U `I o a and perform all the work as specified Bid documents-2003/sb VII. LIST OF SUBCONTRACTORS The following is a true and complete list showing the name and the location of the place of business of each subcontractor who will perform work, or labor or render service to the Contractor in or about the Work in an amount in excess of one-half of the one percent (0.500) of the Contractor's total bid. (List the portion of the work, which will be done by each subcontractor and list only one subcontractor for each such portion). VNORK PORTION SUBCONTRACTOR'S NA71,1E AND BUSINESS ADDRESS a~ c e rat- Ate G ES ! 3 r/~~ h'~ s,~ er rO~o~4 Cft g176 o° L« r Ci /6~~e~rf /~l0 roc s~ ~3~r 6, / 13 3lie 64„~ G /i 91 Ta /0 r Rob F~~ ~ ~ ~oV/na Cat `rl7z Y 6,1 G~ C7 a0 :r. 16 20 ~rw/~dal~ C~ ~/7a 6 Bi d.documenls-2D0?/sb American Contractors Indemnity Company° 9941. AIRPORT BOULEVARD, 9T" FLOOR, LOS ANGELES, CA 90045 (310) 649-0990 BOND NO. 209047-01 PREMIUM BID DATE: 05/04/04 _ BID BOND KNOW ALL MEN BY THESE PRESENTS, That we, Lam H. Way Jr. dba: Cavalier Construction (hereinafter called Principal), as Principal, and AMERICAN CONTRACTORS INDEMNITY COMPANY, a corporation, ' organized and existing under the laws of the State of California and authorized to transact a general surety business in the State of California i (hereinafter called Surety), as Surety, are held and firmly bound unto Rosemead Communitv Development Commission I (hereinafter called Obligee) in the penal sum of Ten percent( 10 of amount bid E not to exceed **Nine Thousand Five Hundred and No/100** Dollars (S 95,000.00 ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors. ' 1 and assigns, jointly and severally, finely by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for Addition of 2 daycare restrooms to existing community center 1 i 1 NOW, THEREFORE, if the said contract be awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, then this obligation shall be void. If the Principal shall fail to do so, then the undersigned shall pay the obligee the damages which the obligee may suffer by reason of such failure up to and not t exceeding the penal swr, of the bond. SIGNED, SEALED AND DATED THIS 3rd DAY OF May 2004 Larry H. Way Jr. dba: Cavalier Construction PRINCIPAL By: AMERICAN CONTRACTORS INDEMNITY COMPANY By: lanelle L. Miller, Attorney-in-Fact i T y, 'E A M' E R I C A N I N S T I T U T E AP. Document A305 O F A R C N I T. E C.'T S Contractor's Qualification Statement 1986 EDITION This Jorrn is approved and recommended by The American Institute of Arcbitecrs (AGC)Jor use in evaluat- erica (AIA) and The Associated General Contractors Of A7,n ing the qualifications of contractors. -No endorsement of the submitr:ng party or ve-ificarion of the information is made by the .41A or AGC. The Undersigned certifies under oath that the information provided herein is true and suffi- cien-ily complete so as not to be misleading. / SUBMITTED TO: 40O5er7 eezlld ya ~~e (J~ ~(oSc.~`?e4 a 83 8 ~ / ADDRESS: IV SUBMITTED BY: C4 Va /,e.^ C. oi15 / r4-L ~i0 NAME: Lee e^ry C (~ox~ Tim / : Z 3 . s LCJa ~i4 S li ff' t/ < ~ G4--4 ADDRESS PRINCIPAL OFFICE: d'LdA e - NAME OF PROJECT (if zpplicable): C O S)Lr v~7Llo~t © e& 11-9. e 5 f f^ d=a 4D TYPE OF WORK (file separate, for;_, for each Classification of Work): _X,_ General Construction Plumbing Other (please specify) Corporation O Partnership Individual ' Joint Venture Other ❑ /-hE SC-~o0/ HVAC Electrical Copyright 1964, !969,1979, 01986 by The American Insmul, Of Archimets, 1735 Ncw York Avenue, N .V1., Wasning ton., 0.C. 20006. Reproduction of the M.21c ial herein or substaneial Quotation of its provisions without wr;tctn perrrs5ion of the AIA 1160121n5 the copyright laws of the United States and will be subject to legal prosecuuon. AIA DOCUMENT A305 • CONTRACTOR'S QUALIFICATION 5T?.TEMEN1 ' - 1996 EDITION • AI?.~' • (E) 1986 A305-1986 1 THE AMERICAN INSTITUTE OF ARCHi T ECTS, 1-,.;,5 NEW YORK AVENUE, N .W_ WASHINGTON, D.C. ?n W6 I ORGANIZATION 1.1 How many years has your oreani_atior, been in business as a Conuactor? e~~ 1.2 How many years has your organization been in business under its present business name? 11VA L?.1 Under what ocher or forme: names has your organization operated? 1 I4 I 1.3 If your organizadonA5 a corporation, answer the following: 1.3 .1 Date of incorporation: 7.3.2 State of incorporation: 7.3.3 President's nave: 7,5,4 vice-president's name(s): 1.3 ,5 Secretary's name: 1.3.E Treasurer's name: 1.4 If your organization is a partnership, answer the following: 7,4.7 Date of organization: 7.4.2 Type of partnership (if appiicable): i A.3 Name(s) of general partner(s): if your organizarion is individually owned, answer tht- following: 1.5.1 Date of organization: 1103 1.5.2 Name of owner: `4 r %J 44--17 . T✓ K, A305 -1966 2 AIA DOCUMENT A305 • CON'TRAC T OR S QUA! IFIC:.TION STAT-I N'T • 1 I% V El)17ION.~SH NGTON £D.(:. 200 ...r-~-- nv aarNr.t'T9. ❑ii NEV:' YOP..K AVENGE, N'AY'., 1.6 If the for,-, of your organization is other than those listed above, describe ii and name the principals: 2.. LICENSING 2.1 List jursdiaions and trade categories in which your organizauon is legally qualified to do business, and indicate registration or license numbers, if applicable. Lich //83 / 2 °7 SS 2.2 List jurisdictions-in which your organization's partnershio or trade name is filed. 3. EXPERIENCE 3.] List the categories of work that your organization normally performs with is own forces. ~o~cre~~ ee~)la a--7 1,7~ ;~7 Tit!/ pry- cv4 3.2 Claims and Suits. (1f the answer to any of the questions below is yes, please attach details-) 3.2A Has your organization ever failed to complete any work awarded to it? o 32.2 Are there any judgments, claims, arbitration. o/r/o/ceEdings or suits pending or outstanding agai::st your organization o, is officers? / O 32,3 Has your organizalion filed any law suits or reoutsted arbitration c ith regard a construo Lion contracts within the his, five years? 3.; Within the last FIVE years, Las am' officer or principal of your organization eve, been an offccr OF principal of anoche, org.Int7_a0on when it tailco It) eomolete a construcuon'coniraci? (if the 1115weT Is ycs, please attach details.) /f/ A D O DOCUMENT A305 • CUNT RAC7OR QI ALIFlL-ATIpN STATENIEM 1940 EDITI US~~-" ` 19SO 1-1.1-1111 ,,,,,h A305-1985 3 3.4 On a separate sheet, list major construction projects your organization has in progress, giving the name Of project, owner, architect, contract mount, percent complete and scheduled completion date. / V 3.4.1 State total wonh of work in progress and under contract: -2~000-00 3.5 On a separate sheet, list the major project your organization has completed in the past five years, giving the name of project, owner, architect, contract amount, date of completion and oe;centzge of the cost of the work performed with your own forces. 3.5 .1 State average amount of coast uction work performed during the past f ve yea s: . 3 5.000. 00 instruction experience and present commitments Of the key individ~ 3.6 On a separate sheet, list the uals of your organization. 4. REFERENCES 4.1 Trade Rtfferences: 14 _-7 -71 12s-S Sov7.4 wig ~f~e~T IA-n/a Li ~e.•-i GA g2. e</DS 1 U/a ✓~Lo/C/~o~4~c Jpp' q z 7/.L/ (ce,2& (r83 _ 538 4.2 Bank Referencess::~ 9 --ooZ ~G26> 6,5- 2. 4.3 Surety: 4..33.1 Name of bonding company: AMeN/tai! Co~7 f,a cd~ 5 ~ndp~/r~ Co!/y!/4Q~ 4.3.2 Name and address of agent: T ~eAe A/z ~~e lei 74, 2 y z F_ 41 0v 17 o G A 9 2 YO e AIA DOCUMENT A3D5 • CONTRACTOR'S QV.A IFICATION STATEMENT • 19HG EDMON • AW • C;19ea A305-1986 4 wr„- vnee :vrn•; •c N V U ASHINGI DN. D.C, 201HKI 5. FINANCING 5, I =inancia! statement. . 5.1.1 Attach a financial statement, preferably audited, including your organization's latest balance sheet and income statement showing the following items: Current Assets cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials inventory and prepaid expenses); ' Nci 7 fixed .4ssets; . Other Assets; - - Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, pro-. vision for income taxes, advances, accrued sa!arie_ and accrued payroll taxes); Other Liabilities (e.g., capita!, capital stock, authorized and outstanding shares par values, earned surplus and retained earnings). 5.1 2 Name and address ooff/Firm repairing aaached financial statement, and ute thereof: 5.1.3 is the anached financial statcment for the identical -organisation named on psgc unc? - Ye 5 5.1.4- If not, exp!ain -the relationship and financial responsibility of the organization whose financial statemcnt is prrnvidecl (e.g., parent-subsidiary). 5.2 Will the organization whose financial statement is attached act as guarantor of the contract for con- struction? Yes AIA DOCUMENT A305 • CaS7i:.jliUR'i Qt: _MC.ArKIS STAT-MEN7 • I M6 eurruts t AI.+' g:I•„" A305-1986 6. SIGNATURE 6. i Dated at this Y " ` 4 Name of Organization: L~ Q Vez By: Title: O (~//1 Pa 6.2 day of C ©/lSf~ UG/O✓J M i' a ~l being duly sworn deposes and says that the information provided herein is true and sufficiently complete sous not to be misleading. Subscribed and sworn before me this Fourth daY of May, 2004 19 Notary Public: My Commission Expires: February 22, 200 u~ PEGGY J. SCHLINGLIANN Commission! 1319068 [ Notary Public - Califomia Loa Angeles County My Comm. Endres Feb 22.2008 Fj~ 1191 CAUTION: You should sign an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT Aa05 • CONTRACTOF 5 QUALIFICATION ST.i?EMEN? • 1986 EDITION • AIA' • ©1986 A306-1986 6 -1 ...~r. ire n= <crwrtcrre 17715 NF® VnRK !.VENUE. N .W.. VA.s HING70N. D.C.?0006 Rosemead Community Development Commission Contract Agreement For Construction of Pre-School Restrooms Rosemead Community 3936 North Muscatel Avenue Rosemead, California 91770 This Contract Agreement is made and entered into for the above-stated project this - yrA day of /L/a t z ° c, BY AND BETWEEN the Rosemead Community Development Commission, and C v4 le r G 1 fras CONTRACTOR. `NITNESSETH that COMMISSION and CONTRACTOR have mutually agieed as follows: ARTICLE I ng The contract documents for the aforesaid project shall consist of the Notice inviti Bids, Instructions to Bidders, Proposal, Specifications, Project Manual, Standard Specifications for Public 1Norks Construction - 2003 Edition, and all referenced specifications, details, standard dra-=ings, and appendices; together with this Contract Agreement and all required bonds, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying or extending the work contemplated as may be required to insure its completion in an acceptable manner. All of the provisions of said contract documents are made a part hereof as through fully set forth herein. ARTICLE 11 For and in consideration of the payments and agreements to be made and performed by COMMISSION, CONTRACTOP, agrees to furnish all materials and, perform all -work required for the above-stated project, and to fulfill all other obligations as set forth in the aforesaid contract documents. R;A Anaiments-2003lSb ARTICLE III COIF TRACTOR agrees to receive and accept the prices set forth in the Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all on shall cover all expenses, losses, damages and obligations hereunder. Said compensati consequences arising out of the nature of. the work, and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. ARTICLE n7 COMMISSION hereby promises and agrees to employ, and does hereby employ, CONTRACTOP, to provide the materials, do the work and fulfill the obligations according to the terms and conditions herein contained and referred to for the prices aforesaid, and hereby contracts to pay the same at the time, the manner, and upon the . conditions set forth in the contract documents. ARTICLE V CONTRACTOR, acknov, ledges the provisions of the State Labor Code requiring ever, employer to be insured against liability for N,,orker's compensation, or to undertake self insurance in accordance with the provisions of that code, and certifies compliance with such provisions. ARTICLE VI CONTRACTOR agrees to indemnify, defend and hold harmless COMMISSION and THE CITY OF ROSEMEAD and all of its officers and agents, from any claims, demand, or cause of action, including related expenses attorney's fees and costs based on arising out of, or in any way related to the work undertaken by CONTRACTOR hereunder. In the event the insurance coverage is on a claims made basis, the Contractor shall indemnify and hold harmless the Commission, City of Rosemead, and all of its officers and agents, from any and all claims, demands, or causes of action that arise after the expiration of the Contractor's current policy or after the service contract has ended, for any occurrences arising out of, or in any way related to the work undertaken by the Contractor. The liability insurance coverage requirements shall be as set forth in Exhibit "I", California Joint Powers Insurance Authority. Bid 6oGllIDBn15-2003/s6 Insurance sha11 name the Cie of Rosemead, Rosemead Community Development Commission, is officers, agents and employees as additional insured by endorsement of the Contractor's policy. A. copy of the endorsement, showing }policy limits, shall be provided to the Commission and City on or before signing this contract ARTICLE VII CONTRACTOR affirms that the signatures, titles, and seals set for the hereinafter in execution of this Contract Agreement represents all individuals, firm members, partners, joint ventures, and/or corporate officers having principal interest herein. ARTICLE VIII Records and Audits. The Contractor shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to the contract and such other records as may be deemed necessary by the :Agency to assure proper accounting for all project funds. These records will be made available for audit purposes to the Commission of any authorized representative and will be retained for 5 years after the expiration of th s contract unless permission to destro,,- them is granted by the Commission. IN' 1q%ITNESS WHErEOF, the parties hereto for themselves, their heirs, executors, administrators, successors, and assigned do hereby agree to the full performance of the covenants herein contained and have caused this Contract Agreement to be executed in triplicate by setting hereunto their names, titles, hands, and seals this yTh day of /qoo val er (~m~757~"cY<o 7 CONTRACTOR: Ga 2 y3 S 64s~ 14 t/ u Gl yli Contractor's License No: g 3 / Z 7 Class: City Business License No: Federal Tax Identification No: 35- 2 9S / y Z day of 2005 Subscribed and sv,7orn to this NOTAR" COMMISSION: Chairman of the Rosemead Community Development Commission Attested: Commission Secretary Approved as to Form: Commission Counsel D Date: . CWS Inc May 6, 2004 Mr. Michael Burbank "City of Rosemead 8838 E. Valley Blvd Rosemead, Ca 91770 Re: Construction ad for Pre-School RestroOm Dear Mr. Burbank: 2670 S Myrtle AV Suite 107 Monrovia, Ca 91016 Ph 626446.3244 Fax 626-440-3245 Our bid for subject project has a mathematical error in plumbing cost. $1,700.00 was entered in place of the $17,000.00 submitted by the plumbing subcontractor. Accordingly, we are unable to accept your invitation to do the work requested. We thank you for the opportunity to bid the job and hope to deal with in the future. Regards, ~ed~EHAbour V.P Finance Faxed to 626-569.2303 (S P jam Acamnt No. '/~1.~SV~w`y w<'r`~ Gugiueer's Gal. 600~~ Bid Opening Dale City Unit Price e Wiling ree G Agency C= OF ROS 1 AD LIST OF BIDDERS Proj~t. lag klunep5l%bidlisl.dnc (re4l/26/74) Account Nu.d i 5 -.4~9Da~ ~7oaS~s Cil/ _ Ageucr FngineWs Eal. X~, G/ - ~ Bid Opening note J p -.-2 -V • M . Unit Price f}- 1Nniling Fee tj--- CPI'Y OF ROS ' :AD LIST OF BLDDERS Project -Al 4A- .F*-L/ A gyp- .h s Addendum SF - x S CtIIISfIlIlOll COIIIP III)' ' ~ Ge 2 ss 'Flz Y x ~x Y i r ` Nu ll172I 3,& aa'fi e: :a (Name Aclcliess P6nne) • - ay,§mx s, A ; qk ak A tc 41 2 3 , , . mount+ « Y]),tfex , ~ , &]c G~3 97s5 rc iii (tea y~ 7 1 G 2-7 67 s-8 -2-2- 73 /'y yY5 G~i-7 klo:irp511Didlist. doe (rev01/26194). Account No. r G.Ope r 5 Dole ~7 4r t7 • Ilid Openi ning Dale City -0 Y- Unit Price i- Mailing Pee 4 AG Agency T CITY OF ROS E E AD LIST OF BWDEIIS f r/r Project klu:%vp5 t\bid list. doe (revllt/2(194) Accousit No. _`fo~/ ~J 7` lO5 ='00 70 o1~~ . Isngineei's hsl. '~~G/ ~-6 lily Bid Opening 1):ite Unil Price Agency _ 1\7niling Tee rj CITY OF ROS1 IEAD LIST OF BIDDERS Project / i Addeatdiii Coustructiun Canlpaliy Number (Name, Address, Phnne) Amount Daf.e 2 3 ' & 693 3 -~7ss ~S3-°r9i Gam 7 yw c-1 16' 2-7 6T - 12-7 3 f-A y -1 V, ; i-7 Idn:wp51\bidlisl.doc (rev01/26194) a Fax To: Larry Way- Cavalier Constr. From: Nancy Valderrama, City Clerk Fax: 963-0984 Pages: 3 plus cover page Phone: 626 569-2171 Date: May 25, 2004 Re: Pre-School Restroom Staff Report CC: ❑ FYI ❑ For Review ❑ Please Comment ❑ Please Reply ❑ For Your Files • Comments: ROSEMEAD CITY HALL, 8838 E. VALLEY BLVD., ROSEMEAD, CA PH: 626/569-2171 FAX: 626/307-9218