MTM Construction Inc,i
BIDDER: MTM CONSTRUCTION, INC.
BID FOR
GARVEY PARK AQUATIC FACILITY
. PROJECT NO. P53129
BASE BID SCHEDULE
TOTAL BASE BID PRICE: 000 • 00
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, Bidders Proposal, Plans, Standard
Specifications for Public Works Construction 2009 Edition ( "Greenbook "), 7rawings, 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which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting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 cashiers check or a bid bond in the amount of
10% of the Total Bid Price Dollars ($10B d`To
`e ) 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: 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.
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
,1
BIDDER: MTM CONSTRUCTION, IN .
By:
Signatur
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: N/A
Bidder's License Number(s): 659142 /A, B, C10, C21, C33
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: MTM CONSTRUCTION, INC.
►l
SECTION 2
BID DATA FORMS
CBF -4
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 Garvey 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 12010
MTM CONSTRUCTION, INC. (;
Principal
By:
,HOWAFD HAC SONG LEE
PRESIDENT .
CBF -5
EAL) Western Surety Company (SEAL)
Surety
By: -
ign ture J
-
William Syrkin, Attorney -in -Fact r
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 true and lawful Attomey(s) -in -Fact with full power and authority hereby conferred to sign, seal 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 instmments 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 ratifiedand 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 corporaion.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seat to
be hereto affixed on this 8th day of March, 2010.
?saRerro WESTERN SURETY COMPANY
4 AI/
CA r� _
sin Woty `
D Paul . Bmflat, Senior Vice President
State of South Dakota 1
County of Minnehaha
3 ss
On this 8th day of March, 2010, before me personally came Paul T. Bmflat, to me 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 i ^ ^` ^ ^ ^ ^ ^ ^^^^ ^ ^^`^^^ ^^^^ ^+
D. KRELL +
November30,2012 ' ^ NOTARY PUBLIC l-- %
SEAL SOUTH DAKOTA SEAL 11
v a 7 "V
D. Krell, No ary Public
CERTIFICATE
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 time and affixed the seal of the said corporation this 26111 day of October 2010
�S,rvcrro _ WESTERN SURETY COMPANY
z &4'pPVDH9� °a"'i..
c S�A /v VI �JrC�(L
l �rJ1 D ?N(1 Y. J
~ - L. Nelson, Assistant Secretary
Form F4280 -09 -06 -
CALIFORNIA ALL - PURPOSE_ ACKNOWLEDGMENT
_ �` y�.(> cvYMM.GY+.G�.�l'i^0'S`•G`(�6�iG `�k`r�v�f�F- .(.`A�>�i .CY.� +P.G�'.�5
State of California
County of Orange
On 10/28/10 before me, A. Wilkison, Notary Public
care Mere Insert Name and Title of Me Officer
personally appeared William Syrkin
Name(s) of Signegst
x„ , A. WILKISON
�.::.. Commission # 1866283
- /'� ) Notary Public - California
a: a<
z :�� . -
9 s;,.. Orange County
My Comm. Expires Sep 2620131
Plow Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(a) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
he/she/they executed the same in his/laerktaefr authorized
capacity(iea), and that by his/hefi4heiF signatures} on the
instrument the persona} 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.
Signature �/�6
S gnatum of Ngtary ublm
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 Signer's Nat
Individual ❑ Individual
Corporate Officer— Title(s): _
G Partner — Q Limited ❑General
E] Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing
Western Surety Company
71GHrmuM6PRINIT
OF SIG MER
Number of Pages: One
n Corporate Officer— Title(s):
n Partner — O Limited C General
Attorney in Fact
L. Trustee
—� Guardian or Conservator
u Other:
Signer Is Representing:
RIGHTTMOMBPRtm'
OF SIGNER
0207 National Notary AssacaUon•9350 Be Soto Av.. PO Sox 24N- CbatsAarm. CA 91313 - 2402•. NationalNetaryorg Item #6901 Reorder, CialITaIFree f ill 876 6K7
BIDDFR: MTM CONSTRUCTION, INC.
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 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 Contractors 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
1.
BIDDER. MTM CONSTRUCTION, INC.
23 LIST OF PROPOSED SUBCONTRACTORS (continued)
[ "Duplicate Next 2 Pages if needed for listing additional subcontractors.' ")
Name and Location
of Subcontractor
Address:
Name and Location
of Subcontractor
Address:
S " e y /A (-am cl
r?m
Description of Work
to be Subcontracted
t Dem�l�tiavl�
Givt,kwrk
Description of Work
to be Subcontracted
Lzt/A celI
Y- V-' 9 e.. 4-0-Y,
Name and Location Description of Work
of Subcontractor to be Subcontracted
Sitoje S1-ritc-+ (e
Name: ( <S M
Address: fFl(nam, bra.
Name and Location Description of Work
of Subcontractor to be Subcontracted
H 4efc..0 �G �iYiC 6V1
Name: KSM COIAS-E t te- 1i16)t p -e -fe-.Q
Address: AI hcjko bro, MTSc- Me-¢�E
Name and Location Description of Work
of Subcontractor to be Subcontracted
S Cc,bi-no-r Poo& . ce'vlletif
Address: 61aI'd," a
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.1
Name and Location Description of Work
of Subcontractor 1 to be Subcontracted
Name: t� �ftd Coh �rGLN IJYS P o����
Address: Scar D r pigrd; n o Aevf Mg;E -c—L
Name and Location Description of Work
of Subcontractor
to be Subcontracted
6-L>YS
vr Name: C'FC) �
Address: Qc
�nc� ei yN Hardwrr2
Name and Location
of Subcontractor
Name: ' ti, Lj
Address:
Description of Work
to be Subcontracted
Name and Location Description of Work
of Subcontractor to be Subcontracted
SInIi {1 ni-Vt�j 'Ppo_
Name: C0.��'�Y✓1iL., C6N��yirriaC
POOP—
Address: J
(51 "6yo Splash �c� pMan
slides
p00JQ �qc �me�E
Narne and Location
of Subcontractor
Description of Work
to be Subcontracted
Name: woe" plwM649 P1wm61nq
Address: bve-n� ar J
2.0 REFERENCES F R BIDDER (Duplicate page as needed)
CBF -7
BIDDER: MTM CONSTRUCTION, INC.
2.13 LIST OF PROPOSED SUBCONTRACTORS (continued)
[ "Duplicate Next 2 Pages if needed for listing additional subcontractors. "]
Name and Location
of Subcontractor
Mec,,- A-,-�-
Address:
Name and Location
of Subcontractor
Name and Location
of Subcontractor
N
Name and Location
of Subcontractor
Name:
Addre!
Name and Location
of Subcontractor
Description of Work
to be Subcontracted
HVA -C,
Description of Work
to be Subcontracted
C.p w V c I G g e
Description of Work
to be Subcontracted
Description of Work
to be Subcontracted
Description of Work
to be Subcontracted
Name:
Address:
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
Contract amount Type of Work
2 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 fa
$3,886,334.00 POOL BUILD TI NEW POOL
Contract amount Type of Work
3. COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS
900 S FREMONT AVE, ALHAMBRA, CA 91803
Name and Address of Owner
MARY BETHUNE PARK POOL
MATT FELDHAUS / 626 - 300 -3262
Name and telephone number of public agency person
$2,431,892.00.
Contract amount
POOL BUILD TI NEW POOL
Type of Work
N.qm3
06/2008
Date Completed
iar with project
06/2009
Date Completed
with project
Date Completed
Tel/MO 11:54 9093941630 CAL COMM POOLS
5IDDFR:C,kA1 ?_Y\ ?06L S
2.1) REFERENCES FOR
(Duplicate page as needed)
PAGE Fib / Ob
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 the
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,
L. I-'A - )U t0i
me and Address of
Name and telephone number
19- X L N
Contract 9mount Projei
2,
-
Nar{re and Address of Owner
Name and telephone number of
J [2-L5 -. vl 5" t J
agency person familiar with
Date
_7 -IV L" L"�p l 1
agency person familiar with project
zs L-t hr c I tyl - <-'Vt
contract ma ount Project Name
3.
^ &TT ytiANr
Name and Address of Owner
i Name acid telephone number of pudic agency person
y'�f�(i�i_Tp�TI)IJV,U his F�pt.An
Contract amount Project Name
CBF -9
Date
G
Date
wrtn project
Cl 025_1 S_
I CIS
M
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 Owner
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 Date Completed
RAM
BIDDER: MTM CONSTRUCTION, INC.
SECTION 3
NON - COLLUSION AFFIDAVIT
CBF -10
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 effec ate a colt ive or sham bid.
Signatu
(HOWARD)HAC SONG LEE
Typed or Printed Name
PRESIDENT
Title
MTM CONSTRUCTION, INC.
Bidder
Subscribed and sworn before me
This 3RD day of NOVEMBER 20 10
KAREN L YAN
Notary Public in and for
the State of California
My Commission Expires: SEPT. 24, 2011
(Seal)
KAREN I. YANG
commleslon # 1770143
:eer- Notary Public - Callfornla £
Los Angeles County
Convn. es Sep24,2011