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Mallcraft, IncBIDDER: Mallcraft.lnc. SECTION 1- BID SCHEDUL CBF -1 J 7 J �I l_ l 7 1 BIDDER: Mal CONTRACT BID FORMS TABLE OF CONTENTS SECTION 1 BID SCHEDULE SECTION 2 BID DATA FORMS ......... ............................... 2.A BID BOND ........................ ............................... 2.B LIST OF PROPOSED SUBCONTRACTORS SECTION 3 NON - COLLUSION AFFIDAVIT ............................... CBF -13 Inc. ... ..............................1 .. ............................... 5 .. ............................... 6 .. ............................... 7 . .............................10 BIDDER: Mallcraft.lnc. BID SCHEDULE SCHEDULE OF PRICES FOR SIDEWALK, CURB AND GUTTER REPLACEMENT PROJECT PROJECT No. 24002 BASE BID SCHEDULE T 1, n in--A'L', OTAL BASE BID PRICE (SCHEDULE BID PRICE):$ T60 ` 11_lA.__I' Dollar amount in written form CBF -2 UNIT OF EST. UNIT ITEM NO. ITEM DESCRIPTION MEASURE OTY. PRICE COST 1 Clearing & Grubbing per plans LS 1 and specifications. See technical 6,Cw -- 4 6 oar provisions TP -2, TP -3 & TP-4. 2 Disposal of Waste Materials. LS 1 3 Remove, Dispose and Construct SF 21,000 4- inches thick PCC Sidewalk per Vr 6. l4 `I SPPWC Std. Plan 113 -1. 4 Remove, Dispose and Construct SF 500 PCC Driveway Approaches per lo, yg S 2�{0 SPPWC Std. Plan 110 -2. 5 Remove, Dispose and Construct LF 1,015 8- inches Curb and 24- inches Gutter per SPPWC Std. Plan 3 S 1- 120-2. 6 Remove, Dispose and Construct LF 100 8- inches PCC Curb Only per ZQ, to U 20 io — SPPWC Std. Plan 120 -2. 7 Remove, Dispose and Construct EA 1 PCC Curb Ramp per SPPWC y,B�U — 4,86 "- Std. Plan 111 -4. 8 Install Survey property and EA 10 centerline tie Monument. t?oo — A 6 000 T 1, n in--A'L', OTAL BASE BID PRICE (SCHEDULE BID PRICE):$ T60 ` 11_lA.__I' Dollar amount in written form CBF -2 I 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. BIDDER: Mallcraft, Inc. 1 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 l Specifications, to stay within the budgeted amount of this project. 1 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 fine 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 forthe Work is fully executed bythe 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 n govern. ! 1 Attached hereto is a certified check, a cashier's check or a bid bond in the amount of i0% 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, L 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. 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. C. 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. 1 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 of five hundred dollars ($500.00) if oroiect is not completed in forty-five (45) calendar days The Contract Time will begin to run ten (10) Working Days from the date of the Notice of Proceed and subject to the terms and conditions described in the Contract Form and the Contract Documents i`I CBF - 3 BIDDER: Mallcraft, Inc. The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Contract Documents. Addenda Nos. N 1A 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 -4 By: r,�(� Signature L. E. Hansen Type or Print Name President Title BIDDER: _ Mallcraft. Inc P.O. Box 91983 Business Street Address Pasadena, CA 91109 City, State and Zip Code 626 - 398 -3598 Telephone Number Bidder's/Contractor's State of Incorporation: California Partners or Joint Venturers: N/A Bidder's License Number(s): 243141 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 -5 MINUTES OF ANNUAL MEETING OF BOARD OF DIRECTORS OF MALLCRAFT, INC., A California Corporation The annual meeting of the Board of Directors of Mallcraft, Inc., a California Corporation, was held on this 12th day of October, 2010 at 10:00 a.m. at Altadena, California, pursuant to the waivers of notice and consents executed by all members of the Board of Directors of said Corporation. There were present at said meeting three directors, constituting a quorum. The President called the meeting to order. After discussion and upon notice duly made, seconded, and unanimously carried, the following resolutions were made: RESOLVED: That until finther action by the Board, the officers of this Corporation shall be as follows: G. L. Fishbein Chairman L. E. Hansen President M. Vail Vice President S. E. Pappas Vice President/Treasurer J. M. Garber Vice President/Secretary RESOLVED FURTHER: That only the above named officers are authorized to execute contract documents, bid documents, final bonds, change orders, and pay requests on behalf of the Corporation: There being no further business, the meeting was adjourned. t J. M. Garber, Secretary BIDDER: Mallcraft, Inc. J SECTION 2 BID DATA FORMS CBF -6 BIDDER: MALLCRAFT, 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 MALLCRAFT, INC. as Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA , as Surety, are held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of Ten Percent of the Amount of Bid ($ 10% of Bid ), 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 Sidewalk, Curb and Gutter Replacement Project as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated FebruarV 8 2012 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 6th _ day of February , 2012 . TRAVELERS CASUALTY AND SURETY COMPANY MALLCRAFT, INC. (SEAL) Principal By. By: Signature OF AMERICA (SEAL) Surety � Signature Cesar F. Javier, Attorney -In -Fact CBF -7 ice„ POWER OF ATTORNEY TRAVELERS Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 224307 Certificate No. O U 4.6428 KNOW ALLMEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Jeffrey Strassner, Cesar F. Javier, Natalie K. Trofimoff, Tenzer V. Cunningham, Patricia Talavera, and Brenda Wong of the City of Las Angeles , State of California , thew true and lawful Attomey(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of December 2011 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 2nd St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company �t^r�W tl' ' 5 4 !NlSN pi1N5Uq) 9 pvTV 4H0` � Y Y 'tta �� M1 V "• °..wMlal tN, AZO Q4 �ppVOPglF 1982 o r: _` aMIFOPD. S aUirdgO,, 'S � $ 1951 "SEAL. CONN. „ l R Tn 7896 ,Z 9 rb C t.s 58AL:a WOE \,,,F 9• a .p 6 v „ n+ ., Y•gnxcc ° ts. AN d= ° oY .. .: i b r AIMS" State of Connecticut City of Hartford as. By: A���___ / GComq& Thompson, t President On this the 2nd day of December 2011 , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p „TtT In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. O per” `�(� c#r►.i.� C . �. n.eeu.�S� Marie C. Tbtreault, Notary Public 58440 -6 -11 Printed in U.S.A. State of California County of Los Angeles On FEB 6 2012 before me, B. Wong, Notary Public, personally appeared Cesar F. Javier who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /afe-subscribed to the within instrument and acknowledged to me that he /she /tMy executed the same in his /#ef/ authorized capacitvkies3, and that by his /4ef /theiisignature(s) on the instrument the person(&), 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. (seal) Signature B. Wong B. WONG Commission #E 1910243 s Notary Public - California Los Angeles County My Comm. Expires Oct 24. 2014 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 l perform work, labor or render service to Bidder in or about the construction of the Work in an J 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 1 the information requested by the Owner about each subcontractor, otherthan the name and J 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 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 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. BIDDER: Mallcraft, Inc. CBF -8 BIDDER: Mallcraft, Inc 2.B LIST OF PROPOSED SUBCONTRACTORS (continued) ["Duplicate fGld 2 Pages If needed for listing additional subwnbacbm.'j 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 Description of Work of Subcontractor to be Subcontracted Name: Address: Name and Location of Subcontractor Name: Address: Description of Work to be Subcontracted Name and Location of Subcontractor Name: Address: Description of Work to be Subcontracted CBF -9 BIDDER: Mallcr Inc. 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: 1 City of Pasadena, 100 N. Garf ield Ave., Pasadena, CA 91109 Name and Address of Owner Mark Dubinsky 626 - 744 -3968 Name and telephone number of person familiar with project Construction of Urgent Care Contract amount Type of Work 2 Metropolitan Transportation District, One Gat eway Plaza, Los Angeles, CA 90012 Name and Address of Owner Date Awnv Malek 213 - 922 -6268 Name and telephone number of person familiar with project $477,000 Construction of Maintenance Building 1/12 Contract amount Type of Work Date Completed 3 City of Pasadena, 100 N. Gar Av Pasadena, CA 91109 Name and Address of Owner Bob Gardner 626- 744 -4643 Name and telephone number of person familiar with project $312,000 Construction of Casting Pond 4/15/11 Contract amount Type of Work Date Completed 4, City of La Canada, 1327 Foothill Blvd., La Canada, CA 91011 Name and Address of Owner Kwan 818 - 790 -8882 e and telephone number of person familiar with project Contract amount Type of Work uestrian Cr ossings 3/31/11 Date CBF -10 BIDDER: Mallcraft, Inc. SECTION 3 NON - COLLUSION AFFIDAVIT CBF -11 BIDDER: Mallcraft, Inc. 1 NON - COLLUSION AFFIDAVIT In accordance with Public Contract Code Section 7106, the undersigned, being first duly 1 swom, 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. Signature L. E. Hansen Typed or Printed Name President Title Mallcraft, Inc. Bidder see attached Subscribed and swom before me This _ day of 20_ (Seal) Notary Public in and for the State of California My Commission Expires: CBF -12 CERTIFICATE OF ACKNOWLEDGMENT State of California ) County of ) On 2 �? - 1Z before m edi L:� �L Date (here insert name and title of the officer) personally appeared : t(WV\' A Name(s) of Signer(s) 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 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. JILL MARIE GARBER co :.... •. COMM. #1882028 m Notary PudiaOpilfom� 4i LOS ANGELES COUNTY farnn, Ew . AUO 21 13 Signatu Place Notary Seal Above Signature of N ary Public