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AWI Builders IncC� CITY OF ROSEMEAD GARVEY PARK AQUATIC FACILITY PROJECT No. P53129 • CONTRACT BID'FORMS . • • TABLE OF CONTENTS SECTION 1 BID SCHEDULE .......................................................... ............................... 1 SECTION2 BID DATA FORMS ....................................................... ..............................4 2.A BID BOND ................................................................... ............................... 5 2.13 LIST OF PROPOSED SUBCONTRACTORS .............. ............................... 7 SECTION 3 NON - COLLUSION AFFIDAVIT ................................. ............................... 10 • 0 • SECTION 1 - BID • BIDDER:_��f'/ 0 4011-1)AW 5 1 /.✓G • BID FOR GARVEY PARK AQUATIC FACILITY PROJECT NO. P53129 BASE BID SCHEDULE TOTAL BASE BID PRICE: $ Lr 1 0 Dollar amount in written form 1 v ous V. 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 The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by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 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: A W % • 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 forthe Contract, and will deliver to the Ownerwithin 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 underthe 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 -2 BIDDER: RIX By: • Signature - i� 1 03ck: /z?ek/e yg,✓ Type or Print Name Title 2833/ X15;1eD a-Mt�s Business Street Address life 0 01 1 cn 134 City, State and Zip Code ,3023.589 5111 -# aa7 Telephone Number Bidder's /Contractor's State of Incorporation: C/>lufoev�/r Partners or Joint Venturers: Bidder's License Number(s): 8/ e/'lB 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: SECTION 2 BID DATA FORMS • is CBF -4 3illDL'x: BBSU 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 AWI BUILDERS, INC. as Principal, and Arch 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 Garvey 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 AWI BUILDERS, INC. (SEAL) Surety EAL) Principal By: Signature Signature Phili Attorney -In -Fact CBF -5 POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company ") does hereby appoint Philip E. Vega and Frank Morones of Covina, CA (EACH) its true and lawful Attorney(s }in -Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf assurety,.and;as fts act and deed: __ Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, ; seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at anytime. The execution of such :bonds and undertakings in pursuance• of these presents 'shall be as binding upon the said Company as fully and amply to all intents and purposes, as' if the same had been duly executed and acknowledged by Its regularly elected officars at its principal office in Kansas City, " This Power of Attomey is executed by authority of resolutions adopted by unanimous'consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: 'VOTED, That the Chairman of the Board, the President or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -In -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of Indemnity and other writings, obligatory In the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing 'and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March $, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. 00ML0013 00 03 03 Page 1 of 2 Printed in U.S.A. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles J On 10/29/2010 before me, Monica Blaisdell, Notary Giln m lm am nd r.19 0,T., personally appeared Philip Vaga nem s USgnerts MONICA BLAISDELL Commission # 1794078 Notary Public - California £ ' Orange County Comm. Exl)res Mor26, 2012 who proved to me on the basis of satisfactory evidence to be the person( whose name( is/03@ subscribed to the within instrument and acknowledged to me that he/gl~xeculed the same in hisW&$Wikauthorized capacity(kNX and that by h"g*k signature(kon the instrument the person), or the entity upon behalf of which the person(x) 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. ` pld n Signature r w imp/ �U 4� Y sew n "t e9, w d Noary P Ac OPTIONAL Though the information below Is not required by law, it may prove valuable to persons relying on the document and could provent fraudulent mmoval and reattachment of this firm to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: "Individual * Corporate Officer—Title(s): _ ❑ Partner -0 Limited ❑ General ❑ Attorney in Fact ❑ Trustee u Guardian or Conservator ❑ Other: Signer Is Representing; RIGHT TI1nh1eVRINT OF SIGNEn Signer's Net ❑ Individual Number of Pages: ❑ Corporate Officer — Tltle(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact D Trustee ❑ Guardian or Conservator Other: Signer Is Representing: alcHTrnurneaalNr OF SIGNEN ®2C0]N211onB17Axotlelbn•935e De Soto Pie.,P.0.Bm,1A02•CtlaswM,GA 913132602•wvw NatlrcalNdaryo,g Ibm kFder aacloer: Le4T141- kaelE00dIG6Bn BIDDER: • 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. • l: • 2.B 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 Ro�vxi� lltp�er� Name: CO&M Address: kS py - vqo ('671c6 ftLn � CA , 05 � Q\ Name and Location Description of Work of Subcontractor to be Subcontracted Name: Chle -yhc) t ( 1cN1� �(r\OY0 --% " Address: p\ DSowm .Ror, U1offykyxi eOr CIA VP ( 05 Name and Location • of Subcontractor N A Description of Work to be Subcontracted S�e�' Melea\ Feyve— 4 (rakes I ry I C-Yvu ^ 1 txob� Name and Location of Subcontractor Rve- Sor1r ker Address: Description of Work to be Subcontracted Name and Location of Subcontractor Description of Work to be Subcontracted e w�o1 I l,,w - �]0\ -409 R r2 66-M • muuiess. 3 6 t n .�v� 2.0 REFERENCES F R BIDDER (Duplicate page as needed) CBF -7 BIDDER: 13C11!12AEV5 /NG 2.B 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 WJRC. Flwnb Name: QO(11J(�}� P�O-M I \� Addres %\ C-NAk xe - ,A - our " N6 1�e Name and Location Description of Work of Subcontractor to be Subcontracted Name: Addres 9%D Snn Effxnr o M ( m Q GA nvv 3k Name and Location Description of Work of Subcontractor to be Subcontrac Name: Q T Addres ldfes P� P qh� Name and Location Description of Work of Subcontractor to be Subcontracted Name: Addres I CA A353 i Name and Location Description of Work of Subcontractor to be Subcontracted WA Name: URS U.)O( kum VUVh w \r ows - � �6 Add res 2n1 2.0 REFERENCES FOR BIDDER (Duplicate page as n hq BIDDER:-0a%/7 / 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 S <grw•g� Name: Addres Name and Location of Subcontractor Description of Work to be Subcontracted L ir -rXz AccttsorkcS 9]� (y \m\ SUCaeN`S Name and Location Description of Work of Subcontractor to be Subcontracted Name: _C` .�D 1 � sbZiOYL��'1�(O�CS Addres s:2^q,$( SDZ 15k �y Yy/\ CA, q Name and Location Description of Work of Subcontractor T to be Subcontracted Name: -�1� 1\ Q. C ' Addres 2 UJCt Yiico Ski Name and Location escrip ion of Work of Subcontractor e S c tracted Con Name: Address: i , 2.0 REFERENCES FOR BIDDER (Duplicate page as needed) BIDDER: RWT /�(/ /L/��iQ /AfC SECTION 3 NON - COLLUSION AFFIDAVIT CBF -10 ACKNOWLEDGMENT State of California County of ( ,oJ AT0 ) On 4ovtmbc�3 2010 before me, Dc.,n;2. MaYit Pxydc. I (insert name and title of the officer) personally appeared herf an factory who proved to me on the basis of satis evidence o be the ersonW whose name ) i " subscribed to the within instrument and acknowled ed tc me that hh /*e/ttlhy executed the same in i /t authorized capacity(%8 ), and that by hi /*1tht k signaturek on the instrument the person , or the entity upon behalf of which the person�4acted, 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. DANIELLE MARIE BOODANOVICH WITNESS my hand and official seal. NOTARY PUBLIC - CALIFORNU Z LOS ANSEiES COUNTY z a COMMISSION! 1706351 ep MY COMM. EXPIRES NOV. 1Z, 2010 Signature u • 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 effestua a collusive or sham bid. NON - COLLUSION AFFIDAVIT Signature ,P ERe_ 21EAC11t- y Typed or Printed Name !/iGE ~.e/DENi Title A w-r //ui1/�E'eS, /�vG Bidder Subscribed and sworn before me This 3 day of A1011embee 2040— �cZn. o�.�n 7Ylc� Notary Public in and for the State of California My Commission Expires: OoveM6(r 0 1 = y l a ' (Seal) DANIELLE MARIE BOGDANOVICH ' NOIARY PUBLIC -CALIFORNIA z LOS ANGELES COUNTY COMMISSION / 1704351 MY COMM. EXPIRES NOV. 12 2010 • State'of California. Countyof LoS bvltl V Subscribed and sworn to (or affirmed) before me on this 3 day of nlovem�cv 2010 ,by Qobc/� llt�illuuti proved t me on the basis of satisfactory evidence to be the person , who appeared before me. DANIELLE MARIE BOGDANOYICH y ` NOTARY PUBLIC-CALIFORNIA = LOS ANGELES COUNTY m a a COMMISSION s 1704351 ' MY CONK EXPIRES NOV. 12, 2010