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Mission Pools of EscondidoBIDDER: Mission Pools of Escondido BID FOR GARVEY PARK AQUATIC FACILITY PROJECT NO. P53129 BASE BID SCHEDULE TOTAL BASE BID PRICE: $ 33-751 GoOo co THPIEt W\1LLto1.S TOE E- y4opmeo Seve -PI V FW6 T0y6t%(D - 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 The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by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 �teEs)s in the amount of Dollars ($ ) said amount being n 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: Mission Pools of Escondido 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 deliverto 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. 1 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: Mission Pools of scondido By: n ure G. Bruce Du n Type or Print Name PrPSi r3ent Title 755 W_ Crand Avenna Business Street Address Rsmndianf CA 92025 City, State and Zip Code r7tini�a1_9ti05 Telephone Number Bidder's /Contractor's State of Incorporation: California Partners or Joint Venturers: KO Bidder's License Number(s): 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 J BIDDER: Mission Pools of Escondido SECTION 2 BID DATA FORMS CBF -4 BIDDER: Mission Pools of Escondido, 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 Mission Pools of Escondido, Inc. as Principal, and The Hanover Insurance Company as Surety, are held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of 10% of the amount bid DOLLARS ($10% of the amount bid ),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 forthe Garvey Park Aquatic Facility as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated. 9/27/2010 . 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 26th day of October 2010 Mission Pools of Escondido, Inc. (SEAL) Princi;Jtuare By: By: CBF -5 The Hanover Ins�urannccee Commpparmy, (SEAL) Signature Paul Boucher, Attorney -in -Fact ;2 NOTARY ACKNOWLEDGEMENT ` z , �> State of California ) County of San Diego ) s< t s On October 29, 2010 before me, Susan M. Donlin, Notary Public, personally 2 appeared G. Bruce Dunn who proved to me on the basis of satisfactory <5 evidence to be the persons) whose name(s) is /af-e subscribed to the within instrument and acknowledged to me that he /sheA-key executed the same in hisMT ', i authorized capacity(ies), and that by his'", e� 4gie4 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 official seal. \ SUSAN M.DO867 \,`�_ ^\ Commissions 1867880 = SlgriatUre z Notary Public - California .0 San Diego County M Comm. Expires Nov 7, 2013+ (Seal) (Civil Code I189(a) (1). c ,s S CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of LOS ANGELES On OCTOBER 26, 2010 before me, HEATHER WIN, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared PAUL BOUCHER Names) at Signer(s) j HEATHER WIN � Commission # 1897397 i Notary Public - California i Los Angeles County M Comm. Ex Tres Jul 27, 2014 r who proved to me on the basis of satisfactory evidence to be the person(X) whose name (x) is /�wsubscribed to the within instrument and acknowledged to me that he/XKffXk )f executed the same in his4W[J0M authorized capacity* %, and that by his/Df signature(x) on the instrument the person(x), or the entity upon behalf of which the person(k) 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 "Wf: Place Notary Seal Above Signature of Notary Public HEATHER WIN 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: MISSION POOLS OF ESCONDIDO INC. - CITY OF ROSEMEAD - BID Document Date: OCTOBER 26, 2010 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: PAUL BOUCHER ❑ Individual ❑ Corporate Officer — Title(s):— ❑ Partner — ❑ Limited ❑ General ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: NONE Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s)_ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • mm NationalNotaryorg Item 95907 Reorder. Call Toll-Free 1- 800 876 -6 827 THE HANOVER INSURANCE COMPANY I. MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint TIMOTHY NOONAN, JEREMY YEUNG, JANINA MONROE, PAUL BOUCHER of Los Angles, CA and each is a true and lawful Attorney(s) -in -fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United Stales, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows: Any such obligations in the United States, not to exceed Ten Million and Noll 00 ($10,000,000) in any single instance and said companies hereby ratify and confirm all and whatsoever said Attorney(s) -in -fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED. That the President or any Vice President, in conjunction with any Assistant Vice President, be and they are hereby authorized and empowered to appoint Attorneys -in -Fact of the Company, in its name and as its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys -in -fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 - Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by a Vice President and an Assistant Vice President, this 12th day of July , 2010.' r+' g 187'1 � tflBa • � r8EA1- t THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. On this 12th day of July , 2010 before me came the above named Vice President and Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. M am rs Notary Public yca...e.ea.eM.am My commission expires on November 3, 2011 I, the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or any Vice President in conjunction with any Assistant Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile" (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 26TH day of OCTOBER 2010 . THE HANOVER INSURANCE COMPANY MASSACHUSETTS DAY INSURANCE COMPANY CITIZENS INSURANCE COM ANY OF MERICA /J i T S ;. Slop' L Drsurt,}sst 7Vroo ?ros dnhf( BIDDER: Mission Pools of Escondido 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 -6 BIDDER.Mission Pools of Escondido 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 Name: sFiLyl.D n �Y Address: Name and Location of Subcontractor {°OR k Address: Name and Location of Subcontractor Name and Location of Subcontractor Description of Work to be Subcontracted C9k ,S1&%,U06d -rf 1. e Description of Work to be Subcontracted L(xcZ2tc►4 l Description of Work to be Subcontracted FLU WL01AjS Name and Location Description of Work of Subcontractor to be Subcontracted Name: �j(tt�►L' 2oD�Cti4� Address: "14ka::x-, 2.0 REFERENCES FOR BIDDER (Duplicate page as needed) CBF -7 BIDDER Mission Pools of Escondido 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: YU]f'k.Svon"t Inic Address' , Name and Location Description of Work of Subcontractor to be Subcontracted Name: C,Fd Address: GP �G Name and Location of Subcontractor LA Ge vl-e Name: Name and Location of Subcontractor Address: G Description of Work to be Subcontracted C) bA5S Description of Work to be Subcontracted L"i. (K S Name and Location Description of Work of Subcontractor to be Subcontracted Name: oe Address: 2.0 REFERENCES FOR BIDDER (Duplicate page as needed) CBF -7 BIDDER:Mission Pools of Escondido 2.13 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 506Nr✓LY0fL- Name and Location Description of Work of Subcontractor to be Subcontracted Name: l� r'1GJIAC) Address: RtYlh -SI DL- Name and Location Description of Work of Subcontractor to be Subcontracted Name: LOaS i /! n ,` ] Address: S.0,04To &j Lck Cl'U1V S Name and Location of Subcontractor N Description of Work to be Subcontracted IAA( ()SC 14 P fly s Name and Location Description of Work of Subcontractor to be Subcontracted Name:{M1nl'cfi ul L S�%ZG+�fr 7E Cp�GYLE Tl Address: U tlL Wb�26r 2.0 REFERENCES FOR BIDDER (Duplicate page as needed) CBF -7 BIDDER:Missicn Pools of Escondido _ 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. Hacienda La Puente Unified School District 15959 E. Gale Ave. City of Industry, Name and Address of Owner Calif. 91716 Robert Wilcox (626)933 -8705 Name and telephone number of public agency person familiar with project $1,375,000 General construction of aquatic a ;I; v 12/2009 Contract amount Type of Work Date Completed 2. Poway Unified School District 15250 Avenue of Science San Diego, CA 92128 Name and Address of Owner Carl Rossi (858)679 -2626 Name and telephone number of public agency person familiar with project $1,630,302. General construction of Contract amount Type of Work .7 12/2007 Date Completed 3. SDSU Associated Student Body 5500 Campanile Dr. San Diego, CA 92182 Name and Address of Owner Armando Torre (619)594 -2445 Name and telephone number of public agency person familiar with project $2,873,000. General construction of Contract amount Type of Work facility 5/2007 Date Completed BIDDER Mission Pools of Escondido 2.1) REFERENCES FOR SWIMMING POOL CONTRACTOR (C -53 LICENSE) (Duplicate page as needed) All of the work in sections 13151 -13158 (of the Project Manual for City of Rosemead Project No. P53129 Garvey Aquatic Center) is to be the responsibility of one experienced swimming pool contractor with a C -53 license, which can be either the bidder or a subcontractor, primarily engaged in the construction of commercial public -use swimming pools. A swimming pool contractor shall be considered primarily engaged as required herein if the swimming pool contractor derived 50% of its annual revenue during the past five years from public -use swimming pool construction. The swimming pool contractor must have also, in the last five years, constructed at least three (3) commercially designed municipal and public -use swimming pools, each of which shall have incorporated a minimum size of 5,000 square feet of water surface area with a concrete and ceramic tile perimeter overflow gutter and self - modulating balance tank. The following are the names, addresses and telephone numbers for at least three completed projects as required: 1. 2. ?oway Unified School District 15250 Avenue of Science San Diego, CA 92128 Name and Address of Owner Gordon Stanley (858)228 -7885 Name and telephone number of public agency person familiar with project $1,400,000. Del Norte High School 9/2009 Contract amount Project Name Date Completed Hemet Unified School District 1791 W. Acacia Ave. Hemet, CA 92545 Name and Address of Owner Leon Cavallo (951)733 -6507 Name and telephone number of public agency person familiar with project $1,350,000. Hemet High School 6/2009 Contract amount Project Name Date Completed 3. Coronado Unified School District 201 6th St. Coronado, CA 92118 Name and Address of Owner Carrie Fisher (619)972 -6576 Name and telephone number of public agency person familiar with project $2,483,141. Coronado High School 12/2007 Contract amount Project Name Date Completed CBF -9 BIDDER: Mission Pools of Escondido SECTION 3 NON - COLLUSION AFFIDAVIT CBF -10 BIDDER:Mission Pools of Escondido 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 gffectuate acollusive or sham bid. Subscribed and sworn before me This day of Notary Public in and the State of Califora My Common Expires: Signature G. Bruce Dunn Typed or Printed Name Pr irl nt Title Mission Pools of Escondido Bidder 20 (Seal) < rs NOTARYJURAT State of California County of San Diego tz Subscribed and sworn to (or affirmed) before me on this 29th day of October, 2010 by G. Bruce Dunn, proved to me on the basis of satisfactory evidence to be the person(&) who appeared before me. Signature of Notary SUSAN M. DOWN Commission * 1867880 Notary Public - CBlitornl8 San Diego County M Comm. Ex Ires Noy 7. 2013 iZZ (Seal) (Section 8202 (b) of the Government Code).