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Moalej Builders, Inc.�:C PNTRACT BID ffl.. ; BIDDER: ■ SCHED SCHE DULE OF • ,. WIN CITY HALL R PR OJECT . P8262 TOTAL BASE BID PRICE (SCHEDULE BID PRICE.): $ /01',0 t�v 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 bid items above, within the limits define in Section 3 -2.2.1 of the Standard Specifications, to stay within the budgeted amount of this project. If the Bid Documents specify alternate bid items, the following Alternate Bid amounts shall be added to or deducted from the Total Bid Price entered above. The owner can choose to include one or more of the alternates in the Total Bid Price of the Project. If any of the Alternate Bids are utilized by the Owner, the resulting amount shall be considered the Total Bid Price for the Project. The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by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 bo 1n the amount of Dollars ($ /o ca? said amount being not less than ten'percent (10 %) of the Total Cop CBF -1 UNIT OF EST. UNIT ITEM NO. ITEM DESCRIPTION MEASURE CITY. PRICE COST 1 Clearing & Grubbing per plans and LS 1 specifications. " "" 2 - 4 000 2 Disposal of Waste Materials. LS 1 "2-100 ° 3 Remove, Dispose and Replace LS 1 Exisfing Windows and Doors (Including Frames) per Plans /®Z / pa (Sheet 1 and 2) see Appendix A and Specifications Complete. TOTAL BASE BID PRICE (SCHEDULE BID PRICE.): $ /01',0 t�v 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 bid items above, within the limits define in Section 3 -2.2.1 of the Standard Specifications, to stay within the budgeted amount of this project. If the Bid Documents specify alternate bid items, the following Alternate Bid amounts shall be added to or deducted from the Total Bid Price entered above. The owner can choose to include one or more of the alternates in the Total Bid Price of the Project. If any of the Alternate Bids are utilized by the Owner, the resulting amount shall be considered the Total Bid Price for the Project. 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 bo 1n the amount of Dollars ($ /o ca? said amount being not less than ten'percent (10 %) of the Total Cop CBF -1 BIDDER: IVoMfEJtJFi ZrZ[ Bid Price. The undersigned agrees that said amount sk II b we fail or refuse to execute the Contract and furnish thetrequi edthbe bonds, certificates and endorsements of insurance and other certifications within the time provided. It 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: M(1,q L,&T 4 11) erP Z4-e. In Business Street Address S`kexnA"'t ©e�1rS /7 91q-0 City, State and Zip Code 31(J-126- Telephone Number Bidder's /Contractor's State of Incorporation: re iI ArA L e.. Partners or Joint Venturers: Bidder's License Number(s): q'� 333 f 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. As further discussed in the Instructions to Bidders, Bidder will be required to provide evidence that the person signing on behalf of the corporation, partnership or joint venture has the authority to do so. CBF -3 oee,!3 i 4 Title .. - SE CT I ON , BID DATA F ORMS C BIDDER: —�j: , J &4e6r 1 2-13 LIST OF P RO PO v 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 subcontractorwho will pertorm 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. and 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 bythe Ownerabout each subcontractor, otherthan the name and location of each subcontractor. 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 pertorm 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 oroffers forthe 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, 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. c BIDDER: c.J1I7L 2•13 LIST OF PROPOSED SU P continued) I"DUplicate Ne# 2 ages if neepedfor listing additional subcontractorsti Name and of Subcontractor Description of Work to be Sub�cted Name: Address ,SIP) �� CL 1 ` - �— �0✓YIr` f7 /,Z,[. Z M Qor l c l Name and Location of Subcontractor Description of Work to be Subco ntracted Name: Address: Name and Location Description of Work of Subcontractor to be be Sub� Name: Address: Name and Description of Work of Subcontractor to be Sub_ contracted Name: Address: Name and d Location Description of Work O f Subcontractor to be Subco ntracted Name: Address: CBF -7 c BIDDER: (3/ f �c j i Ae z�e 2.0 REFERENCES The following are the names, addresses and telephone numbers for three public agencies for which BIDDER has performed similar work within the past two (2) years: i Address of Owner and Address of Owner v „. Name and telephone num er o person familiar wit project k,ontract amount 2. Alu, ,^ Gr>i©✓ Name and Address of Owner of Work 0 3 f® Date Completed Name a d telephone number of person familiar with project ��S3 0-7/le C1ontrectamount SA Tyof ork e Date Completed ` p �)pp C pp ,t 3. -j'a i 5 11 1f�r ej Name and Address of Owner gici',A 31a- `383 - 3y-LS Name and telephone number of person familiar with project f // IF 000 k ®/�� Y� o31 Contract amount Type of Work Date Completed 4. and telephone number of person familiar with project amount Type of Work Date Completed �C BIDDER: AMW c7r� ��"� S Jam- 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, orcorporation; 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, orthe contents thereof, ordivulged 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. l ure REM "1?«T Typed or Printed Name ej Title This me Bidder 20 1 (Seal) Notary Public in and for the State of California My Commission Expires: '�JUAd /a r >V / L. LISA CHEN _ Commission # 1801107 "m Notary Public - California Los Angeles County My Comm. Expires Jun 10, 2012 CBF -10 BIDDER: Moalej Builders, Inc. Bond No 71069316 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 is properly identified with the Bidder's name and page number. KNOW ALL MEN BY THESE PRESENTS: THAT Moalej Builders, Inc. as Principal, and Western Surety Company as Surety, are held firmiybound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of ten percent of amount bid (- 10% ), being not less than ten percent (10 %) of the Total 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 CITY HALL WINDOW REPLACEMENT PROJECT as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated March 2, 2011 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 2 nd day of March , 2011 . Moalej Builders, Inc. By: / gnature ° Western Surety/,Company Surety 16 By: Signature Blake A Pfister, Attorney in Fact CBF -5 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On F ebruary 24, 2011 beforeme, Lianne Nahina, Notary Public n „o Here Insert Name and Title of the Officer personally appeared Bla ke A. Pfister LIANNE NANINA Commission # 1767633 m . a' Notary Public - Califomla = _ ` 6 -, Orange County MyComm.6ga4es5ega t 4, tot t who proved to me on the basis of satisfactory evidence to be the persontjj whose name(o) is /AW subscribed to the within instrument and acknowledged to me that he /a Mmilimy executed the same in his /Womikeeir authorized capacity(#!), and that by hislAmMialmir signature#) on the instrument the person(a1), 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 h d d official seal. Signatur e /- � Place Notary Seal Above Sign at of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: B id Bond No 71069316 Document Date: March 2, 2011 Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signer's Name: Blake A. Pfister ❑ Individual ❑ Corporate Officer —Title(s):— ❑ Partner ❑ Limited ❑ General ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representin : Western Surei9y Com Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s)_ ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. 71069316 Know All Men By These Presents, that WESTERN SIIRETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make, constitute and appoint Blake A. Pfister its true and lawful attorney(s) -m -fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: Moalej Builders, Inc. Obligeo: City of Rosemead Amount: $500,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)4n-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company whichremains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of June 2 , 2011 , but until such time shall be irrevocable and in full force and effect. In Witness Whereof, Western Surety Company has caused these presents to be signed by its Senior Vice President, Paul T. Bruflat, and its norgpp ,4gy1 to be affixed this 2nd day of March 2011 C3'PA CO AIIA as WEST R SURE COMPANY Paul T. Brufla enior Vice President On this 2nd day of March , in the year 2011 , before me, a notary public, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. irraasaaaaaa..rrrrrarmaaaaa S I Q. KRELL e NOTARY PUOLC i SOUTH DANOYA 11 otary Public -South Dakota 4raaarraaaraarraraaraaaa♦ My Commission Expires November 30, 2012 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 2nd day of March 2011 . WESSUREW COMPANY Paul T. Brufla enior Vice President Form F6306- 9-2006