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Elite Bobcat ServiceY I CITY OF ROSEMEAD I HELLMAN AVENUE RESURFACING PROJECT PROJECT No. P82729 CONTRACT BID FORMS; f3 BIDDER: Elite Bobcat Service, Inc. CONTRACT BID FORMS TABLE OF CONTENTS SECTION 1 BID SCHEDULE ...................................................................................................1 SECTION 2 BID DATA FORMS ...............................................................................................5 2.A BID BOND ............................................................................................................6 23 LIST OF PROPOSED SUBCONTRACTORS.. 7 SECTION 3 NON-COLLUSION AFFIDAVIT ............................................................................10 CBF-13 BIDDER.. Elite Bobcat Service, Inc. SECTION 1- BID SCHEDULE CBF-1 BIDDER: Elite Bobcat Service, Inc. BID SCHEDULE SCHEDULE OF PRICES FOR HELLMAN AVENUE RESURFACING PROJECT PROJECT No. P82729 BASE BID SCHEDULE UNIT OF EST. UNIT REM NO. ITEM DESCRIPTION MEASURE QTY. PRICE COST 1 Clearing & Grubbing per plans and LS 1 00 00 (r7 U ~d 00 ~S spec~cations.Seetechnical t t provisions TP-2, TP-3 & TP-4. 2 Disposal of Waste Materials. LS 1 ( 0VO-U0 t 3 Cold mill 2-inches thick eAsting SF 76,590 D a 5-0 pavement. 4 Cold mill 3-inches thick eAsting t SF 96,102 0.1 A ~tJ r\acs0 I V J pavemen . ` 5 Cold mill 4-inches thick epsting SF 69,840 0-15, t 1 'A L0.0c) pavement. I 6 Construct variable thickness TONS 3,250 pavement overlayARHM-GG-C ~b (7~ V a l lltitl/.U~ (PG 64-16) as indicated on the plans. 7 Construct variable thickness Asphaltic Leveling course D1 (PG TONS 1280 69.Ud 19813W-490 64-10) as indicated on the plans. 8 Remove 8-inches of epsfing SF 500 pavement and replace it with 6- Q~ 1 inches of AC B-PG 64-10 Base A• Course over compacted native. 9 Install Survey Well Monument per EA 21 City of Rosemead Std. Plan S08- See Section 2-9 Surveying of 001 ~~17 Li SQ. oo Q . the General Provision-7 per details I (Cover, Sleeve & Dome will be provided by the City at no cost). 10 Adjust Sewer Manhole to Grade per APWA Std. Plan 205-1 and EA 31 ~~5.()V ~ (S vV 206-1. 1 11 Adjust Water Valve/Gas Valve to EA 38 1 l~ Grade. J CBF-2 R(~,t<y~-5('rl~l`r~IZM~, BIDDER: V L,F- UNIT OF EST. UNIT ITEM NO. ITEM DESCRIPTION MEASURE QTY. PRICE COST 12 Install Traffic Striping, Traffic LS 1 Signal Loops, and Pavement Markers per Plans and l ~vU d~ t 1 S ll~~ Ob d' , Specifications Complete. 13 Prepare a Storm Water Polluliun l W PPP LS 1 I J J 7 Prevention P an (S ) t 14 Paint Home Addresses (Curb EA 100 ~ ~o~ Numbering) l Provide a Traffic Control Plan LS 1 r prepared and stamped by a oo oav()6 registered Traffic Engineer for approval. TOTAL BASE BID PRICE (SCHEDULE BID PRICE): $ - I I11~7 65. do. 5e-VQ t.. - (~u. di-eW Si'x~t Dollar amount in written fofrml Ei+,~ Dolkr5 A-{ Z-eV(7 fe^ 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. 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. 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. Attached hereto is a certified check, a cashier's check or a bid bond in the amount of 10% of amount bid 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. CBF-3 BIDDER: Elite Bobcat Service, Inc. 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 Bidders 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. 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-4 BIDDER: Elite Bobcat Service, Inc. By: Signature Joseph Nanci Type or Print Name President Title BidderslContractor's State of Incorporation: Partners or Joint Venturers: Bidders License Number(s): NOTES: 720016A 1320E 6th St #100 Business Street Address Corona, CA 92879 y, State and Zip Code (951) 279-6869 Telephone Number California 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, nartnershia or ioint venture has the authority to do so. CBF-5 MINUTES OF MEETING OF THE BOARD OF DIRECTORS TAKEN BY UNANIMOUS WRITTEN CONSENT OF ELITE BOBCAT SERVICES, INC. A California Corporation The undersigned, all being directors of Elite Bobcat Services, Inc. a California Corporation, acting in accordance with the bylaws of the corporation and tatting said action without a formal meeting to hereby adopt the following resolutions: BE IT THEREFORE RESOLVED that 1) Joseph Nanci, President, 2) Thomas Nanci,..Controller and 3) Hugh Lee, Chief. Estimator is hereby authorized to execute contracts and other legal instruments and to bind said corporation accordingly as is appropriate. BE IT THEREFORE RESOLVED further that the signature of either of the above three individuals, acting alone, and/or executing contracts alone, will bind the above corporation. Tiird parties may rely upon said individual signatures without the need for any other officer or board of director's signature on said contract(s) or other legal instruments. BE IT FURTHER RESOLVED THAT until revoked by the board of directors, that this UWC shall be binding upon the corporation and that this UWC shall be inserted into the corporate records of the above corporation. IN WITNESS THEREOF, the undersigned, being all o the directors of the corporation, has executed the Consent effective as of this day of November, 2005. Board of Directors: Dated: {1 t os - Joseph anti. Sole Member of the Board of Direc ors UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF ELITE BOBCAT SERVICES, INC. i1 California Comoration The undersigned, all being directors of Elite Bobcat Services, Inc. a California Corporation, do hereby unanimously vote for, consent to and authorize the following action, it being understood that this UWC is in lieu of a regularly notice Board of Directors meeting. BE IT THEREFORE RESOLVED that 1) Joseph Nanci, President, 2) Thomas Nanci,.Controller and.3) Hugh Lee, Chief Estimator is hereby authorized to execute contracts and other legal instruments and to bind said corporation accordingly as is appropriate BE IT FURTHER RESOLVED THAT until revoked by the board of directors, that this UWC shall he binding upon the corporation and that this UWC shall be inserted into the corporate records of the above corporation. Board of Directors: Dated: It t a~_ Josep Tanct, Sole Member of the Board of Dir tors BIDDER: Elite Bobcat Service, Inc. SECTION 2 BID DATA FORMS CBF-6 EXECUTED IN THREE COUNTERPARTS BIDDER: ELITE BOBCAT SERVICE, INC. BOND# 3-B PREMIUM: NIL 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 Fors are properly identified with the Bidder's name and page number. 2.A SID BOND KNOW ALL MEN BY THESE PRESENTS: THAT ELITE BOBCAT SERVICE, INC. as Principal, and SURETEC INSURANCE COMPANY as Surety, are held firmly hound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of TEN PERCENT OF AMOUNT BID being not less than ten percent (10"/0) 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 Hellman Avenue Resurfacing Project as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated SEPTEMBER 8. 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) 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 3RD day of SEPTEMBER , 20__Q. SURETEC INSURANCE COPANY (SEAL) Surety ✓'G,~~~iL„~~L L~ l y: Signature RICHARD A. COON ATTORNEY-IN-FACT CBF - 7 1 ' n, , 11 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange } On 9-03-10 before me, Lexie Sherwood. Notary Public Date Here Insert Name arM Title of the Officer personally appeared Richard A. Coon Name(s) of Signer(s) LEXIE SHERWOOD COMM. #1856389 9 NOTARY PUBLIC • CALIFORNIA ORANGECOUNTY Comm. Exp. JULY 27, 2013 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(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 his/her/their signature(s) 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 the State of California that the foregoing paragraph is true and correct. Witness my hand and o icial seal. , Signature &kaz lCw. Place Notary Seal Above Signature of olar 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 Document Title or Type of Document: Document Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual' ❑ Corporate Officer-Title(s): ❑ Partner- ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee Number of Signer's Name: ❑ Individual ❑ Corporate Officer-Title(s): ❑ Partner - ❑Limited❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 2007 National Notary Associatton • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • w TlaucnalNolary.or9 Item #5907 Reorder Call Toll-Free 1$00.876-6827 POA 510123 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know Al( Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Hams County, Texas, does by these presents make, constitute and appoint Charles L. Flake, David L. Culbertson, Richard A. Coon its true and lawful Attomey-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instuments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no/100 ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. Said appointment shall continue in force until 10131/12 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attornei•in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Atomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affucd to my power of attorney or my certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid mid binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20 of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 28th day of October, A.D. 2008. SURETEC INS ~,2CE COMPANY rd f ' t B jw or y: B.J. Kit , resident State of Texas ss: L~l"~ : z, County of Harris X1, 1. On this 28h day of October, 2008 before me personally came B.J. King, to me known, who, being by me duly swom, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. a Michelle Denny lknery PAaa Stets Of Texas t64Ww Avpoe ir. aWa ~y Michelle Denny, Notary P lic My commission expires August 27, 2012 1, M. Brcnt Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 3RD day of SEPTEMBER 20 10 , A.D. M. Brent aty, Assistant Secretary Any instrument issued In excess of the penalty stated above Is totally void and without any validity. " For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CtiT, State of California County of Riverside On September 7, 2010 before me, Jeff Lee, a notary public, personally appeared Joseph Nanci, 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 he executed the same in his authorized capacity, and that by his 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 is true and correct. Witness my Signature BIDDER: Elite Bobcat Service, Inc. 2.113 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 Biddershall providethe information requested belowforeach 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 Contractor's total bid orten 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-8 BIDDER: Elite Bobcat Service, Inc. 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: Address: 40144 S o 5°un1.~ Name and Location of Subcontractor Description of Work to be Subcontracted Name: C0S /"1 Address~_ [L, Sd-- C~w.~~ ( CQ- Name and Location of Subcontractor Description of Work to be Subcontracted Name: Address: 11-1/ass JL- p;//C L-w/'l irna 4.(C lU b 3 8, Name and Location of Subcontractor Name: Address Description of Work to be Subcontracted Name and Location of Subcohtractor Name: Address: Description of Work to be Subcontracted CBF-9 BIDDER: Elite Bobcat Service, Inc. SECTION 3 NON-COLLUSION AFFIDAVIT CBF - 11 BIDDER: Elite Bobcat Service, Inc. 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, orcorporation; 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 Joseph Nanci Typed or Printed Name President Title Elite Bobcat Service, Inc. Bidder Subscribed and sworn before me This - day of 20_ (Seal) Notary Public in and for the State of California My Commission Expires: CBF-12 State of California County of Riverside On September 7, 2010 before me, Jeff Lee, a notary public, personally appeared Joseph Nanci, 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 he executed the same in his authorized capacity, and that by his 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 is true and correct. Witness my d and official seal. X c`~o°V cr Signature A~ Zsetee Gooo~Q~os\da . Q`°,a~"