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MTM Construction Inc.BIDDER: MTM CONSTRUCTION, INC. BID FOR ROSEMEAD PARK AQUATIC FACILITY PROJECT NO. P53129 BASE BID SCHEDULE TOTAL BASE BID PRICE: --Mrs �rH D n SUW V e-1 Dollar amount in written form ALTERNATE BID ITEM NO. 1, 2, 3, & 4 TOTAL ALTERNATE BID ITEMS PRICE: $ Oda . CX1 C�tqh+ Hix&&A- Gwen -ffws�qA �Ilaa S 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 values above, within the limits define in Section 3 -2.2.1 of the Standard Specifications, to stay within the budgeted amount of this project. INCORPORATION BY REFERENCE Notice Inviting Bids, Instructions to Bidders, General Conditions, Technical Specifications, Geotechnical Study Report (September 3, 2010) and addenda, Asbestos and Lead Paint Survey Report (August 5, 2010) and addenda, Bidder's Proposal, Plans, Standard Specifications for Public Works Construction 2009 Edition ( "Greenbook "), Drawings, Project Manual, Required Bonds and Forms, Permits, Addenda, and all applicable codes and regulations are hereby incorporated in and made part of this Contract. The provisions of CBF -1 UNIT OF EST. UNIT TOTAL NO. ITEM DESCRIPTION MEASURE OTY. PRICE ITEM COST 1 Shade Structures SF 20 o.o co, 7 6o ,CW --,7 20'x 20' Module 2 Solar System LS 1 - tiO0,eoo,r. 3 Bleachers EA 8 tOicoo GOo 4 Entry Marquee LS 1 Sign /Supports TOTAL ALTERNATE BID ITEMS PRICE: $ Oda . CX1 C�tqh+ Hix&&A- Gwen -ffws�qA �Ilaa S 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 values above, within the limits define in Section 3 -2.2.1 of the Standard Specifications, to stay within the budgeted amount of this project. INCORPORATION BY REFERENCE Notice Inviting Bids, Instructions to Bidders, General Conditions, Technical Specifications, Geotechnical Study Report (September 3, 2010) and addenda, Asbestos and Lead Paint Survey Report (August 5, 2010) and addenda, Bidder's Proposal, Plans, Standard Specifications for Public Works Construction 2009 Edition ( "Greenbook "), Drawings, Project Manual, Required Bonds and Forms, Permits, Addenda, and all applicable codes and regulations are hereby incorporated in and made part of this Contract. The provisions of CBF -1 BIDDER: MTM CONSTRUCTION, INC. the Greenbook shall apply to this Project except as may be modified by other provisions of the Contract. 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 the Total Base Bid Price Dollars ' e °$e Bid Price) 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 -2 BIDDER: MTM CONSTRUCTION, 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 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. 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 BIDDER: MTM CONSTRUCTION INC. By: Se HOWARD HAC SONG LEE Type or Print Name PRESIDENT Title 16035 PHOENIX DRIVE Business Street Address CITY OF INDUSTRY, CA 91745 City, State and Zip Code (626) 934 -1112 Telephone Number Bidder's /Contractor's State of Incorporation: CALIFORNIA Partners or Joint Venturers: Bidder's License Number(s): NOTES: 659142 /A, B, C10, C21, C33 J 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. CBF -4 BIDDER. MTM CONSTRUCTION, INC. SECTION 2 BID DATA FORMS CBF -5 BIDDER: MTM CONSTRUCTION, 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 MTM Construction, Inc. as Principal, and Western Surety 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 Base 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 Rosemead Park Aquatic Facility as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated 10/07/10 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 28th day of October 2010 MTM CONSTRUCTION, INC. Principal `' `< -Signature HOWARD HAC SONG LEE PRESIDENT= SEAL) Western Surety Company (SEAL) CBF -6 Surety By: - 10. 1. ig ature William Syrkin, Attorney -in -Fact Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint William Syrkin, Sergio D Bechara, Margaret Gilmore, Rebecca Haas- Bates, Individually of Irvine, CA, its tme and lawful Attomey(s) -in -Fact with full power and authority hereby conferred to sign, seat and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed onthis 81h day of March, 2010. WESTERN SURETY COMPANY SVPETYC `Q? pP0/lq.e, x �,, S�t 4 +N O O� Paul l.Bmflat, Senior Vice President State of South Dakota County o 1 J? ss f Minnehaha On this 8th day of March, 2010, before me personally came Paul T. Bruflat, tome known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires i444M1" """44"4 "4444"4 "4444+ D. KRELL + November 30, 2012 +^ NOTARY PUBLIC + i SEAL SEAL SOUTH DAKOTA i �M1M1M1M14M1M1M1M1M1M1M144M144M144444+ CERTIFICATE Ila 7�w D. Krell, No €ary Public 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 28th day of October 2010 C E'w 40pPOggt�;. iwV�yEA�p�l - Fonn F4280 -09 -06 - - WESTERN SURETY COMPANY WA ff� L. Nelson, Assistant Secretary CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT . ono. �, .�.,�ra ec`7. armor- .Erro.. .=rw C. .mz_c�recr State of California County of Orange On 10/28/10 before me, A. Wilkison, Notary Public ­_ Here Insen Name and Title of Me Officer personally appeared William Syrkin Name(s) ol5igner(s) A. WILKISON 9 *• Commission # 1866283 n_ z aP,m), Notary Public - California z z t Orange County n My Comm. Expires Sep 26, 2013 rPw -�-7rn , Place Notary Sonl Ahave who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is /ere subscribed to the within instrument and acknowledged to me that he/ahekhey executed the same in his /he;44heic authorized capacity(iee), and that by his /haFAheiF signature(4 on the instrument the person(,*, or the entity upon behalf of which the perscn(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 official seal. Signature l��o Signature of Notary PUGk 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: Bid Bond Document Date: 10/28/10 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: William Syrkin CI Individual Corporate Officer— Title(s): — Partner —❑ Limited ❑ General E] Attorney in Fact Trustee Guardian or Conservator u Other: Signer Is Representing: Western Surety Company RIG_WTRUMBPRINT OF SIGNER Number of Pages: One (1) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): G Partner — ❑ Limited Of General 2 Attorney in Fact ❑ Trustee I Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here 02007 Naaonal Notary AS atbn• 9350 De Soto A�,P.O. Bo�2402•Chetsworth, CA 913134402•. NationalWalybe torn #5s07 Reorder: Cell T011 -Free 1800- 8]6682] BIDDER: MTM CONSTRUCTION, INC. 2.13 LIST OF PROPOSED SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices Act," Sections 4100 through 4114 of the California Public Contract Code, and any amendments thereto, each Bidder shall provide the information requested below for each subcontractor who will perform work, labor or render service to Bidder in or about the construction of the Work in an amount in excess of one -half of one percent (greater than 0.5 %) of the Bidder's Total Bid Price, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one -half of 1 percent of the 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 and description of work to be subcontracted. 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 one percent of the Contractor's total bid or ten thousand ($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: MTM CONSTRUCTION, INC. 2.6 LIST OF PROPOSED SUBCONTRACTORS (continued) [ "Duplicate Next 2 Pages if needed for listing additional subcontractors. "] Name and Location Description of Work of Subcontractor to be Subcontracted pevoo(-147 eml Name: t4mc&n otvc�v Rrjem t, )✓Ic �✓nr�hwi� ✓4c Address: Gov IM"Sf( y Name and Location Description of Work of Subcontractor to be Subcontracted S1�p�n Hov4�ewlft+�e �andS �n5. Name: Address:? I c-o RU vera- Name and Location Description of Work of Subcontractor to be Subcontracted S'kej e Sfr1,LC-f LV✓.e J Name: SfrL4Cfx+,P , Address: A I b✓c.- McULZ fie—ce OL-J 4 1t5 M -SC, Me,fialC Name and Location Description of Work of Subcontractor to be Subcontracted Name: lcs ec b ►,mot F,651, &Vpe ` l Address: mar e1ta. Name and Location Description of Work of Subcontractor to be Subcontracted Name: {nli -co( Csgi cars s�tem� Mgt Address: Scv,, RBrnA oLl r %9 2.0 REFERENCES FOR BIDDER (Duplicate page as needed) CBF -7 BIDDER: MTM CONSTRUCTION, INC. 2.6 LIST OF PROPOSED SUBCONTRACTORS (continued) [* *Duplicate Next 2 Pages if needed for listing additional subcontractors. * *] Name and Location Description of Work of Subcontractor to be Subcontracted Name: C FO Dery Hak"Ve- po�RS HGv� wa e Address: Aha.l7L , wl Name and Location Description of Work of Subcontractor to be Subcontracted Name: Bit -kel, Inc. Address: 0o v oe:- Name and Location Description of Work of Subcontractor to be Subcontracted Name: i cSM c6bs- frK.c -Ei 6-A Address: fk h bro. Q1���Y Name and Location of Subcontractor Name: 01-12 ornIo- Name and Location of Subcontractor Description of Work to be Subcontracted S W imm---�15 P00je- trC,i u.Q�oe.e C Cyv.cre4z,, f 1c, 4er, CQ bLi �IY�2n�� Q'tC> Description of Work to be Subcontracted Name: Ccun e- p l" 67!y j P I Address: RvL"e,- Pa✓I�— 2.0 REFERENCES FOR BIDDER (Duplicate page as needed) CBF -7 BIDDER: MTM CONSTRUCTION, INC. The following are the names, addresses and telephone numbers for at least three public agencies for which BIDDER has performed similar work within the past four (4) years: COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS 900 S FREMONT AVE, ALHAMBRA, CA 91803 Name and Address of Owner TED WATKINS PARK POOL ZOHREH KABIRI / 626 - 300 -3265 Name and telephone number of public agency person familiar with project $3,798,036.00 POOL BUILD TI NEW POOL 06/2008 Contract amount Type of Work Date Completed Z COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS 900 S FREMONT AVE, ALHAMBRA, CA 91803 Name and Address of Owner EL CARISO PARK POOL ALLIOUNE DIOUM / 626 - 300 -2357 Name and telephone number of public agency person familiar with project $3,886,334.00 POOL BUILD TI NEW POOL Contract amount Type of Work g COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS 900 S FREMONT AVE, ALHAMBRA, CA 91803 Name and Address of Owner 06/2009 Date Completed MARY BETHUNE PARK POOL MATT FELDHAUS / 626- 300 -3262 Name and telephone number of public agency person familiar with project $2,431,892.00 POOL BUILD TI NEW POOL Contract amount Type of Work CBF -9 Date Completed BIDDER: MTM CONSTRUCTION, INC. The following are the names, addresses and telephone numbers for at least three public agencies for which BIDDER has performed similar work within the past four (4) years: COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS 900 S FREMONT AVE, ALHAMBRA, CA 91803 Name and Address of Owner ATLANTIC PARK POOL MIKE PATEL / 626 - 300 -2359 Name and telephone number of public agency person familiar with project $2,607,746.00 POOL BUILD TI NEW POOL 06/2007 Contract amount Type of Work Date Completed 2 COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS 900 S FREMONT AVE, ALHAMBRA, CA 91803 Name and Address of LENNOX POOL PARK POOL MATT FELDHAUS / 626 - 300 -3262 Name and telephone number of public agency person familiar with project $1,321,245.00 POOL BUILD TI NEW POOL 06/2009 Contract amount Type of Work Date Completed 3. Name and Address of Owner Name and telephone number of public agency person familiar with project Contract amount Type of Work CBF -9 Date Completed BIDDER: MTM CONSTRUCTION, INC. 2.6 LIST OF PROPOSED SUBCONTRACTORS (continued) J [ "Duplicate Next 2 Pages if needed for listing additional subcontractors. "] Name and Location Description of Work of Subcontractor to be Subcontracted 0 H VA--G Name and Location Description of Work of Subcontractor to be Subcontracted Tc+n -C(8-G'gc. z I ee i G Name and Location of Subcontractor Na Ad Name and Location of Subcontractor Name: Name and Location of Subcontractor Description of Work to be Subcontracted Description of Work to be Subcontracted Description of Work to be Subcontracted Address: 2.0 REFERENCES FOR BIDDER (Duplicate page as needed) CBF -7 BIDDER: MTM CONSTRUCTION, INC. SECTION 3 NON - COLLUSION AFFIDAVIT CBF - 11 BIDDER: MTM CONSTRUCTION, 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, 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 ctuat a c or sham bid. Signature (HOWARD)HAC SONG LEE Typed or Printed Name PRESIDENT Title MTM CONSTRUCTION, INC. Bidder Subscribed and sworn before me This 3RD day of NOVEMBER KAREN I. YANG CA I Notary Public in and for the State of California My Commission Expires: SEPT. 24, 2011 20 10 (Seal) KAREN I. YANG _ Commisslon # 1770143 . _e Notary Public - California '' Los Angeles County =!;6=M24,20111