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Conengr CorporationBIDDER: C Oncin (pora- on BID FOR GARVEY PARK AQUATIC FACILITY PROJECT NO. P53129 BASE BID SCHEDULE TOTAL BASE BID PRICE: 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 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 The undersigned agrees that these Contract Bid Forms constitute a firm offerto the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by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 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 -1 BIDDER: _�� (�Y�fi�(� �►�ti{/I V' 1 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. i CBF -2 BIDDER: Cfe nq 1 Y: V( n 6 ""(, or Print Name Qy sl 6 �- Titl — 1% 14/ ArYllT Business Street Address 1 �i And ca City! State and Zip Code 9(Dq - q3 LAD Telephone Number Bidder's /Contractor's State of Incorporation: l__UI I I t0 ( n (it Partners or Joint Venturers: Bidder's License Number(s): N a (]4 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 -3 BIDDER: Co i Y y porn I I(Jn SECTION 2 BID DATA FORMS CBF -4 BIDDER: Conengr Corporation 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 :�:• KNOW ALL MEN BY THESE PRESENTS: THAT Conengr Corporation as Principal, and Ullico Casualty 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 Garvey Park Aquatic Facility as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated 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 attomeys' fees to be fixed by the court. SIGNED AND SEALED, this 2 nd dayof November Conengr Corporation (SEAL) Ullico Casualty Company (SEAL) Principal i /� Surety 0 By. Signature Laurie B. Druck n+ Attorney -in -Fact CBF -5 CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT State of California \ /) SS. County of San Bernardino On November 2, 2010 before me, Cynthia J. Young, Notary Public Name and Title of Officer (a g., "Jane Doe, Notary Public ") Personally appeared Laurie B. Druck CYNTHIA J. YOUNG f ' e COMM. # 1806614 z t NOTARY PUBLIC - CALIFORNIAit SAN BERNARDINO COUNTY ' My Comm. Expires July 15, 2012 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. natur f Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signers) Signer's Name: O Individual O Corporate Officer Title O Partner -- O Limited O General O Attorney -in -Fact O Trustee O Guardian or Conservator Other: Signer is Representing: Q �� ULL Casualty Company �� 1625 rye Street, N.W. Washington D.C. 20006 Power of Altnrnev KNOW ALL PERSONS BY THESE PRESENTS: That ULLICO CASUAI; I'1' CONII'ANl' (the Company). a corporation organized and existing under the laws of the State of Delaware, does hereby constitute and appoint: Jay P. Freeman, Pamela McCarthy, Cynthia J. Young, and Laurie B. Druck of Alliant Insurance Services, Inc. Its true and lawful Attorney (s) in fact with full authority to execute on its behalf bonds, undertakings, recognizanees and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $5,000,000.00. This Power of Attorney is granted and is signed and seated by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of ULLICO Casualty Company at a meeting duly called the 15th day of July, 2009. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Anonre}'(s) in Fact acrd authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attomey -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN 'TESTIMONY WHEREOF, ULLICO CASUALTY COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized office this July 16", 2009. O:UOP R9 r�, o Z ' SIDENT s j 0 1979 i AWP,. •'F '�' ITmicl AronowiV i�ih rll i}1ltrx sx xx� President ULLICO Casualty Company, a Delaware Corporation. On this 16th day of July 2009, before me came the individual who executed the preceding instrument, tonic personally known, and being by me duly swom said that he is the therein described and authorized officer of the ULLICO CASUALTY COMPANY: that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. 1.../ ZI z Notary Public CATHERINE M. OBRIEN NOTARY PUBLIC STATE OF MARYLAND MONTGOMERY COUNTY MY COMMISSION EXPIRES JANUARY 21, 2012 CERTIFICATE I, Teresa E. Valentine, Senior Vice President, General Counsel and Secretary of ULLICO Casualty Company, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 16th day of July 2009 are true and correct and are still in full force and effect. I do further certify that that Daniel Amnowitz, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of ULLICO Casualty Company, In Testimony Whereof 1 have subscribed my name and affixed the facsimile seal of each Company this _N day of o y_ ' 0 P�_. 20 I� Teresa E. Valentine Senior Vice President, General Counsel & Secretary ULLICO Casualty Company BIDDER: (��� Un i "I 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 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 -6 BIDDER: a,�1 v+ 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: ame: G Address: Name and Location of Subcontractor Description of Work to be Subcontracted ' • , . =_— Description of Work to be Subcontracted Name and Location of Subcontractor Name: Addres Name and Location of Subcontractor Description of Work to be Subcontracted Name: Address: Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: 2.0 REFERENCES FOR BIDDER (Duplicate page as needed) CBF -7 BIDDER: Lw 23 LIST OF PROPOSED SUBCONTRACTORS (continued) [ "Duplicate Next 2 Pages if needed for listing additional subcontractors. "] Name and Location of Subcontractor Description of Work to be Subcontracted Name and Location of Subcontractor Description of Work to be Subcontracted Name and Location of Subcontractor Description of Work to be Subcontracted Name: rv Address: Description of Work to be Subcontracted Name: Addres s:,&f,,L Name and Location of Subcontractor Description of Work to be Subcontracted 01;;' as needed) CBF -7 Name and Location of Subcontractor BIDDER:} 2.6 LIST OF PROPOSED SUBCONTRACTORS (continued) r *Duplicate Next 2 Pages if needed for listing additional subcontractors. * *] Description of Work to be Subcontracted Name: S Address: 1 Name and Location Description of Work of Subcontractor to be Subcontracted Name: f tJ Add ress: Name and Location Description of Work of Subcontractor / / / p� to be Subcontracted Name: ,)T 4LI[L .+`� Addres nn, o Name and Location Description of Work of Subcontractor to be Subcontracted i Name and Location of Subcontractor Nan Add 2.0 Description of Work to be Subcontracted /1VA C. page ds needed) CBF -7 Name and Location of Subcontractor BIDDER: C - -( Yr . U r 1 2.6 LIST OF PROPOSED SUBCONTRACTORS (continued) ' [* *Duplicate Next 2 Pages if needed for listing additional subcontractors. * *] Description of Work Subcontracted Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: i Name and Location Description of Work of Subcontractor to be Subcontracted Ia Name: Address: Name and Location Description of Work of Subcontractor to be Subcontracted Name: ( Address: v, z, 2.0 REFERENCES FORBIDDER (Dup{fcate page as needed) CBF -7 Name and Location BIDDER: d 7 V r 1 2.13 LIST OF PROPOSED SUBCONTRACTORS (continued) r *Duplicate Next 2 Pages if needed for listing additional subcontractors.') Name and Location Description of Work of Subcontractor to be Subcontracted Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: Name and Location Description of Work of Subcontractor to be Subcontracted Name: Add ress: Name and Location Description of Work of Subcontractor to be Subcontracted Name: Add ress: Name and Location of Subcontractor Description of Work to be Subcontracted Name: Address: 2.0 REFERENCES FOR BIDDER (Duplicate page as needed) CBF -7 BIDDER C om m Coypora SECTION 3 NON - COLLUSION AFFIDAVIT CBF -10 BIDDER: r - I 6n 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 thereofjp a cg a Ive or sham bid. 14°VIrY Pk Typed or Printed Name Title ro ne nar rQ-f'i 6 11 Bidder Subscribed and sworn before me This day of !r 20 IL7 (Seal) 1 M. SELF Notary Public i nd f(* , , coMM. # i 732801 the State of California NIg3 ? ` NOTgRV PUBLIC- CALIFOR SAN BERNARDINO COUNTY My Comm. Expires March 20, 2011 My Commission Expires: