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Cyrcon Builders IncCITY OF ROSEMEAD GARVEY PARK AQUATIC FACILITY PROJECT No. P53129 CONTRACT BID FORMS TABLE OF CONTENTS SECTION1 BID SCHEDULE .......................................................... ............................... 1 SECTION 2 BID DATA FORMS ...................................................... ............................... 4 2.A BID BOND ............................. .............................. ......................... 5 2.13 LIST OF PROPOSED SUBCONTRACTORS .............. ............................... 7 SECTION 3 NON - COLLUSION AFFIDAVIT ................................. ............................... 10 SECTION 1 - BID Cyrcon Builders LP 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 The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by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 1M- of Total Bid Price 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 L1IllDElt: Cyrcon Builders LP 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. 1, Supplement to Addendum 1, Clarification No. 2 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: Cyrcon Builders LP By: tur Gary Melnik Type or Print Name President / CEO Title Bidder's /Contractor's State of Incorporation: 2255 Barry Avenue Business Street Address Los Angeles, CA 90064 City, State and Zip Code (310) 481 -2023 Telephone Number Partners or Joint Venturers: Marshall A. Rockwell, Partner Laura H. Rockwell, Partner Bidder's License Number(s): B - 929070 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 RIDDI- R:_Cyrcon Builders LP SECTION 2 BID DATA FORMS CBF -4 BIDDER: eyp-eonJ PjLI/GQE/LS LI 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 Cyrcon Builders, LP , as Principal, and Berkl py Regional Tnsuran Company as Surety, are held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of Not to exceed 10% of total bid amount DOLLARS ($ -------- - - - - -- ), 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 11 /3/1 0 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 dayof October 12010 Berkley Regional Cyrcon Builders, LP (SEAL)Insurance Company (SEAL) Principal Surety By: By: -- — at Signature Jamie Ayres, 4 Attorney in Fact l CBF -5 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California 1 1 County of L-d�'s A ��1�. On -2 - /O' before me, �l< 4. , Date Here Insert Name and Title of the Officer personally appeared Nameis) of Signers) TILAK A. THANARATNAM ,` commission # 1757430 ,.`m :_ ,) Notary Public - California a €�`�i, Los Angeles County O My ConvrL P�W'IresAUg 13, 2011 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person ose name(s)-is� subscribed to the within instrument and acknowledged to me that he /,SY»JfF1ep' executed the same in his /h,?FRbeiT authorized capacity and that by his/4~ signature,(sY on the instrument the person or the entity upon behalf of which the personW'acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph lue and correct. WITNESS and a official seal. — Signature: otary 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 D current _ Title or Type of Document: �tii� ^�% &',0 Document Date: //-.1 - / d - Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing 02009 National Notary Association • NationalNotary.org • 1. 800 -US NOTARY H- 800 -8]6 -682]) Item #590-, ACKNOWLEDGMENT .......................................... ............................... State of California County of Los Angeles } ss. On OCT 2 8 2010 before me, Tina Lucero , Notary Public, personally appeared Jamie Ayres , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signatures(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 S na ure .,, TINA LUCER0 Commission # 1069279 Notary Public - California Los Angeles County M Comm Expires Nov 21, 2013 r (seal) .......................................... ............................... OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: X Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee X Power of Attorney CEO /CFO /COO _ President / Vice - President / Secretary / Treasurer Other: Other Information: Berkley Regional Insurance Company Thumbprint of Signer Check here if no thumbprint or fingerprint is available. 2008 Allstate Notary Preparation. Inc. - (800) 689 -8456 - w ,allstatenotary.com No. 7923a POWER OF ATTORNEY BERKLEY REGIONAL INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY REGIONAL INSURANCE COMPANY (the "Company "), a r corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Urbandale, Iowa, tihas made, constituted and appointed, and does by these presents make, constitute and appoint: Scott Salandi, Michael J. Lahn, 2 Tina Lucero or Jamie Ayres of Berkley Surety Group, LLC of Glendale, CA its true and lawful Attomey -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with r the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00 /100 Dollars v (550,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. z This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following Tc resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on August 21, 2000: � J "RESOLVED, that the proper officers of the Company are hereby authorized to execute powers of attorney authorizing and - qualifying the attorney -in -fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; 3 and further e RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, E or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further F RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named; and 2 further o eo RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any a� power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or it other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as U - though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued." °_— IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its o corporate seal hereunto affixed this L, day of J tkz/AA �vl 2010. x Attest: /" Berkley 'onalInst, mpany v (Seal) By i BY Ira S. Lederman Robert P. Cole r Senior Vice President R. Secretary Senior Vice President L WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE " BERKLEY" SECURITY PAPER. O U n.r STATE OF CONNECTICUT) ss: COUNTY OF FAIRFIELD ) s Sworn to before me, a Notary Public in the State of Connecticut, this f_:( day of �cVrwyc+iw) 2010, by Robert P. Cole and Ira S. Lederman who are sworn to me to beige �enyo, \Fice;Er_ees nt, and the Senior Vice President and Secretary, respectively, of o Berkley Regional Insurance Company. NOTARYP'UDLIC MY COMMISSION EXPIRES JANE 30, 2012 c, / i . °_ Notary Public, State of Connecticut U Z.: CERTIFICATE Z ? I, the undersigned, Assistant Secretary of BERKLEY REGIONAL INSURANCE COMPANY, DO HEREBY CERTIFY that the 2 foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked 3 or rescinded and that the authority of the Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in full force and effect as of this date. -- - .Given under my hand and seal of the Company, this day of OCT 2 8 2010 , (Seal) Steven Coward BIDDER: Cyrcon Builders LP 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. BIDDLR- Cyrcon_Builders_LP 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 Name: G ,FNT� C- Address: ZA)tt Name and Location of Subcontractor Name: A16L •• ress� �_ra- Name and Location of Subcontractor Name: T Wyk -1 of 7 Address:' twklum Name and Location of Subcontractor 1 Address: ♦ Let mA Name and Location of Subcontractor Description of Work to be Subcontracted Description of Work to be Subcontracted rrA -)�� o iv,. Description of Work to be Subcontracted S its Lk T I lr l Description of Work to be Subcontracted L)�CAsch?' 2.0 REFERENCES FOR BIDDER (Duplicate page as needed) CBF -7 RIDDER:_Cyrcon Builders LP 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 FtNceS Name: 15,x, C;UA-IN Address: Name and Location Description of Work of Subcontractor to be Subcontracted /sue Name:__ Address: SIMI Name and Location Description of Work of Subcontractor to be Subcontracted ��IL.171Ny �tJL1�,i1 G Name: e-,N/\ Address: __tA,-,A_Y_�s��'�r'j Name and Location Description of Work of Subcontractor to be Subcontracted Mlrsac�L> Name: Address: M 1 Name and Location of Subcontractor Description of Work to be Subcontracted Name: CA F�N\tw Address: I_�C =_L��} 2.0 REFERENCES FOR BIDDER (Duplicate page as CBF - 7 needed) BIDDLR.- Cyrcon Builders LID 2.13 LIST OF PROPOSED SUBCONTRACTORS (continued) [ "Duplicate Next 2 Pages if needed for listing additional subcontractors.*'] Name and Location of Subcontractor Name: Cr Address: zi,t 1 iA L f Name and Location of Subcontractor Name: Address: Name and Location of Subcontractor Name: Address: y 1!44 Name and Location of Subcontractor Description of Work to be Subcontracted Description of Work to be Subcontracted d5hL MT--T)%(, Description of Work to be Subcontracted �'V-� Description of Work to be Subcontracted 6Lal� l r+ < S Name: T3000A, Address: Name and Location Description of Work of Subcontractor to be Subcontracted Name:�� 2.0 REFERENCES FOR BIDDER (Duplicate page as needed) CEF -7 BIDDER: Cyrcon Builders LP 2.B 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 Name:_ Address: eA Name and Location of Subcontractor Name: cam_ p(YJV Address: [�t.11p61LA Description of Work to be Subcontracted "PA1NT Description of Work to be Subcontracted Description of Work to be Subcontracted Name and Location Description of Work of Subcontractor to be Subcontracted Name: pd9AOuc�71z c Address: nAN 5S% Nt. N J%!F:l Is Name and Location of Subcontractor Description of Work to be Subcontracted q^L Name:_ 3 UN►-1 Ml E'er Address: V/A4A�Li 2.0 REFERENCES FOR BIDDER (Duplicate page as needed) CBF -7 BIDD[K: Cyrcon_Builders LP 2.13 LIST OF PROPOSED SUBCONTRACTORS (continued) [ "Duplicate Next 2 Pages if needed for listing additional subcontractors. "] Name and Location of Subcontractor Name: Address: C- n- VLhlz�;64 Name and Location of Subcontractor Name: Address: Name and Location of Subcontractor Name: Address: Name and Location of Subcontractor Name: Address: Name and Location of Subcontractor Name: Address: Description of Work to be Subcontracted J-�Lv C. Description of Work to be Subcontracted Description of Work to be Subcontracted Description of Work to be Subcontracted Description of Work to be Subcontracted 2.0 REFERENCES FOR BIDDER (Duplicate page as needed) CBF -7 131DD1_R:_Cyrcon_Bui1ders LP 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:_ Address Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: Name and Location of Subcontractor Name:_ Address: Name and Location of Subcontractor Description of Work to be Subcontracted Description of Work to be Subcontracted Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: 2.0 REFERENCES FOR BIDDER (Duplicate page as needed) BIDDER: Cyrcon Builders LP 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: City of Riverside 1. Parks, Recreation & Community Services Department 3900 Main Street, 6th Floor, Riverside, CA 92522 Name and Address of Owner Ewina Lau, Sr. Park Planner, (951) 826 -2012 Name and telephone number of public agency person familiar with project Renck Community Center $3.8 Million & Gymnasium at Hunt Park 11/2010 Contract amount Type of Work Date Completed 2 San Bernardino City Unified School District 956 W 9th Street, San Bernardino, CA 92411 Name and Address of Owner Nellie Karbum, Project Manager, (909) 388 -6100 Name and telephone number of public agency person familiar with project SBCUSD Group 4 Schools Modernization $5.7 Million Harmon /Arrowhead /Carmack /Kendall E.S. 9/2011 Contract amount Type of Work Date Completed 3. San Bernardino City Unified School District 956 W 9th Street, San Bernardino, CA 92411 Name and Address of Owner Tomothy Deland, Facilities Officer, (909) 388 -6100 Name and telephone number of public agency person familiar with project SBCUSD Group 7 Schools Modernization Bradley /Marshal /Ramona - Alessandro/ $6.1 Million /Warm Springs Elementary Schools 11/2011 Contract amount Type of Work IMM Date Completed 11/01/2010 11:25 9093941630 2,1) REFERENci (Duplicate page as CAL COMM POOLS PAGE 06/06 Oyt-CVA) Bu1tb&Rs IP TOOLS S 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 2. = W_14Z� and Address of telephone number public agency person familiar with project Name Date Completed — v — I t number of public agency person familiar with project 3. Owner Name aAd telephone number f Project Name agency person fami CBF -9 Date with project Cl 025__`1 S�_ CA, BIDDER: Cyrcon Builders LP SECTION 3 NON - COLLUSION AFFIDAVIT CBF -10 c BIDDER: Cyrcon Builders LP 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 effectuate a collusive or sham bid. Gary Melnik Typed or Printed Name President / CEO Title Cyrcon Builders LP Subscribed and sworn before me This -- daypf A9V Notary Publ the State of My Commission Expires: 20! (Seal) TILAK A. THANARATNAM Commission # 1757430 Notary Public - California = Los Angeles County MVComrn. P>rpl es"13, 2011 (Seal)