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Mackone Development IncR SECTION 1 - BID 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 'µ.1f BIDDFR: Machone Development, Inc. BID FOR ROSEMEAD PARK AQUATIC FACILITY PROJECT NO. P53129 BASE BID SCHEDULE TOTAL BASE BID PRICE: $ 3 530 o O a liar amount in written form ALTERNATE BID ITEM NO. 1, 2, 3, & 4 NO. ITEM DESCRIPTION UNIT OF MEASURE EST. QTY. UNIT PRICE TOTAL ITEM COST 1 Shade Structures SF 20 ���I� 6Y3�� o • 20'x 20' Module 2 Solar System LS 1 f?�z�n- / Z$7.00 3 Bleachers EA 8 7 IO - 60/tpa — 4 Entry Marquee LS 1 Co_ 2 2Sa Oo Sign /Supports I TOTAL ALTERNATE BID ITEMS PRICE: $ Dollar amount 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 D M BIDDER: Mackone Development, 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 The undersigned agrees that these Contract Bid Forms constitute a firm offerto the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by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 Bid Bona 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 -2 rs� BIDDER: Mackone Development, 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. 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 -3 MI BIDDER: Mackone Development, Inc. By: Signature Scott Yang Type or Print Name President Title 2244 Beverly Blvd. Business Street Address Los Angeles, CA 90057 City, State and Zip Code (213)252 -9506 Telephone Number Bidder's /Contractor's State of Incorporation: California Partners.or Joint Venturers: N/A Bidder's License Number(s): 562773 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. CBF -4 ms'� g, E BIDDER: Mackone Development, Inc. SECTION 2 BID DATA FORMS CEF -5 BIDDER: MACKONE DEVELOPMENT, 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 MACKONE DEVELOPMENT, INC. as Principal, and HARTFORD FIRE INSURANCE COMPANY , as Surety, are held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of TEN PERCENT OF AMOUNT BID DOLLARS ($ 10% ), being not less than ten percent (10 %) of the Total 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 11/03/2010 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 29TH day of OCTOBER ,2010 MACKONE DEVELOPMENT, INC. (SEAL)HARTFORD FIRE IN SU ANCE COMPAI\N EAL) Principal Surety l) By: By: Signature (s 0 t Yang- President) Signature FRANKMORONES, ATTORNEY -in -FACT CBF -6 Direct Inquiries /Claims to: THE s N o POWER OF ATTORNEY AVENUE HARTFORD, CONNECTICUT 06115 call: 888- 266.3488 or fax: 860- 757 -5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 72- 185719 0 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies ") do hereby make, constitute and appoint, up to the amount of unlimited: Philip E. Vega, Frank Morones of Brea, CA their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. tOn I';'°.., r.,`; �^ _ � � jq/<."« 4 tV �uv"y44 •. .1R tR tD!> � /a {�<w.+..m� • %o<,..... e`�;l` a�,cooew.<e Yy.••. ® n,. °bixM• 1870 e, _e: 1870 :9 51 . ,o ot . Paul A. Bergenholtz, Assistant Secretary STATE OF CONNECTICUT SS. Hartford COUNTY OF HARTFORD David T. Akers, Assistant Vice President On this 23rd day of July, 2003, before me personally came David T. Akers, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. Seen E. Paseka 44ii�N Notary Public CERTIFICATE My Commission Expires October 31, 2007 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of OCTOBER 29, 2010 Signed and sealed at the City of Hartford. �� J ` g` /h" ♦•auv, r 1979 � , IBS � 1919 Sri Gary W. Stamper, Assistant Vice President CAL11FORNRA ALL-PURPOSE ACKNOWLEDGMENT State of California County of LOS ANGELES On 10/29/10 before me, Philip Vega, Notary public Data More Mart Nerve end Tnu or mo Witurr personally appeared Frank Morones who proved to me on the basis of satisfactory evidence to be the person( /�) whose namo/S) is/Yre subscribed to the within instrument and acknowled9 to me that he /��16/t��y executed the same in hit /fi t /4t{eir authorized capacity( a), and that by hid /h'el//tf{eir signatA(s) on the instrument the person(ii), or the entity upon behalf of PHILIP VEGA which the person( acted, executed the instrument. _ Commission # 1799866 r o Notary Public - California £ I certify under PENALTY OF PERJURY under the laws Los Angeles County of the State of California that the foregoing paragraph is My C,mm. Expires May 31, 2012 - 9 9 P 9 p true and correct. WITNESS my hand and offi seal. Signature Placo Notary soar AW,,0 signal of Notary Public OPTIONAL -- Though the information below is not required by law, It may prove valuable to persons retying on the document and could prevent tmudutent removal and roattaohment 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: ❑ Individual • Corporate Officer—Tine(s): • Partner -0 Limited ❑General • Attorney in Fact 71 Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: raGF GFOrN8PF . OF $IGNI:H . Number of Pages: Signer's Name: • Individual • Corporate Officer — Title(s): • Partner —❑ Limited ❑ General • Attorney in Fact [l Trustee Q Guardian or Conservator ❑ Other: Signer Is Representing: eIGNrTNUh78PIR - OFSIC.6 LN C200T NeJonal Notary A baaon•9350 Da Sob AM.RO, Box 2402•0haMon0, CA 91313 240 2•— NZNcnrrN01aryolg Ilanh5907 RooNnr.CaY7o0 -Fea 1- 9W -9]8 -692] BIDDER: Mackone Development, Inc. 2.6 LIST OF PROPOSED SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices Act," Sections 4100 through 4114 of the California Public Contract Code, and any amendments thereto, each Bidder shall provide the information requested below for each subcontractor who will perform work, labor or render service to Bidder in 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 afterthe 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: 1`lnckone Development, Inc. 2.13 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: 56VI M Ccs Address: Q�tr Soi yL QQj�C� 4rt l Name and Location Description of Work of Subcontractor to be Subcontracted - Name: �JA \P11`i \-�Y- TIGUuvj(L , CA-vioN h Address: i cxo Q-'% y FN2-A LA1Aq S 45 P'0 Name and Location Description of Work of Subcontractor to be Subcontracted Name: A-* � IJN�7t�G�Ut -l�% '5-IN LT\\ UT I � Address: S1��YL�6AN1< Name and Location Description of Work of Subcontractor to be Subcontracted Name: CF4ow Y\\gN �CntC:t - ��t2oM 1/1 A� �ct`lG� Address: �2�rtiCt Name and Location Description of Work of Subcontractor to be Subcontracted Name: tF44atADk- Address: (6 r lc,os 2.0 REFERENCES FOR BIDDER (Duplicate page as needed) CBF -8 "BIDDER: Mackone Development, Inc. ter-- ` - - 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: _ i �- 6VA CAYZtE �y Address: AA M V Name and Location Description of Work of Subcontractor to be Subcontracted Name: SvS�re-AAi M-;7�L \20o NG Name and Location of Subcontractor 9 Description of Work to be Subcontracted Name and Location of Subcontractor Description of Work to be Subcontracted Name: {�UNTNC�I`I G�A21N� C�[nS5 -� GNazil�lG Address: L O� L�tic l ES Name and Location Description of Work of Subcontractor to be Subcontracted Name: SOUT�it,�+�-1 -( CA(i4b-AM4 �UB�H���oa►� CLo1l Nllt S TT�(L Address: :121 NAR� 2.0 REFERENCES FOR BIDDER (Duplicate page as needed) CBF -7 BIDDER: Lacaone Development, 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: S;bNbG�' Address: AL t- k4lvtt- Name and Location of Subcontractor Name: 74 Name and Location of Subcontractor Description of Work to be Subcontracted Description of Work to be Subcontracted C, — o Name: COh(STN. Address: �1117C;h 7— 6N9 oGGESSOQ is s Name and Location Description of Work of Subcontractor to be Subcontracted Name: Cet'ocyL �+� C. S W V�A� M (\. ?COG Address: t�'C. M QNT� Name and Location Description of Work of Subcontractor to be Subcontracted Address: ;'cF�1-u 0 t 2.0 REFERENCES FOR BIDDER (Duplicate page as needed) CBF -7 BIDDER: Mackoiie Development, 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: S e 4 Address: c - Name and Location of Subcontractor Name: Name and Location of Subcontractor Name: Description of Work to be Subcontracted Description of Work to be Subcontracted t () F cTV2i CA L Name and Location Description of Work of Subcontractor to be Subcontracted Name: Add ress: i Sri o N (/%i✓ -10 Name and Location of Subcontractor Name: Description of Work to be Subcontracted N D a b CH-i s (Duplicate page as needed) CBF -7 BIDDER: Mackone Development, 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: 1. Proj. Name:. Roosevelt Park Pool County of LA, Dept. of Public Works - 900 S. Fremont Ave. Alhambra, CA 91803 Name and Address of Owner Joe Camarillo - (626)300 -2340 Name and telephone number of public agency person familiar with project $ 2,069,908.00 Swimming Pool Renovation 9/2007 Contract amount Type of Work Date Completed 2. Proj. Name: Helen Keller Pool County of LA, Dept. of Public Works - 900 S. Fremont Ave. Alhambra, CA 91803 Name and Address of Owner Zohrech Kabiria - (626)300 -3265 Name and telephone number of public agency person familiar with project $ 3,036,324.00 Swimming Pool Renovation 7/2007 Contract amount Type of Work Date Completed 3. Proj. Name: Loma Alta Pool County of LA, Dept eof Public Works - 900 S. Fremont Ave. Alhambra, CA 91803 Name and Address of Owner John Tietjen - (661)257 -6594 Name and telephone number of public agency person familiar with project $ 1,795,300.00 Swimming Pool Renovation 11/2007 Contract amount Type of Work Date Completed CBF -9 BIDDER: Mackone Development;' Inc. 2.6 LIST OF PROPOSED SUBCONTRACTORS (continued) [ "Duplicate Next 2 Pages if needed for listing additional subcontractors. "] Name and Location of Subcontractor Name: C CL Name and Location of Subcontractor Name: Name and Location of Subcontractor Nan Add Description of Work to be Subcontracted Description of Work to be Subcontracted M/Ss1D1,f Ry Description of Work to be Subcontracted CAI 3,- Name and Location Description of Work of Subcontractor to be Subcontracted Name: :jy STw-/ GQSt `Udl� Address: �L, n4 M fSYLA Name and Location Description of Work of Subcontractor to be Subcontracted Name: 6&HTY-A L -FGH 4 G 7 Address: 6,os A 2.0 REFERENCES FOR BIDDER (Duplicate page as needed) CBF -7 n y frr BIDDER: Mackone Development, Inc. SECTION 3 NON- COLLUSION AFFIDAVIT CBF - 11 BIDDER: Mackone Development, 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 4hat 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. QPSignature Scott Yang Typed or Printed Name Subscribed and sworn before me This 3rd day of Notary the StE '`F:;sfi " November ssion Expires: President Title Mackone Development, Inc. Bidder (Seal) IRNIA',J, URAT WITH AFFIANT.STATEMENT" lkSee Attached. Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1 -5 to be completed only by document signer[s], not Notary) 1 2 3 a 5 — - -- - -- Z. - - -- -- - - -� -- - - - -- - - -- - - - -- - - - -- Signature of Document Signer No. 1 State of California County of /-10-IS ANA MAYEN Com a 1836254 < u Notary Publmission ic - California i = Los Angeles County > M Comm. Expires Mar 12, 2013' Signature of Document Signer No. 2 (if any) Subscribed and sworn to (or affirmed) before me on this ri _sue day of Q LI 20� by Data Man Year (1) D r Name of Sig r proved to me on the basis of satisfactory evidence to be the person who appeared before me (.)X tdrfd_ nk ROM ....e - o Signature �I J/ iJ Signature of Notary Place Notary Seal A o OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent ll1Kt&%UL fraudulent removal and reattachment of this form to another document. Top of thumb here Further Description of Any Attached Document Title or Type of Document: Document Date: Number of Pages: t Signer(s) Other Than Named Above: 02007 National Notary Assadmcn•9350 De Sob AV.., R.O. Box 2402- Chatsemnh.CA 91313- 2402 -V .NabonalNOtary.org Item #5910 Reorcer.CaYToll- Freet- 800.878.8827