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AC Pros, Inc.CITY OF ROSEMEAD ROSEMEAD COMMUNITY RECREATION CENTER HVAC REPLACEMENT PROJECT PROJECT No. 31002 BIDDER: AC Pros Inc. 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 .............................................. ............................... 10 CBF -12 SECTION 1 - BID SCHEDUL BIDDER: AC Pros Inc. REVISED BID SCHEDULE SCHEDULE OF PRICES FOR ROSEMEAD COMMUNITY RECREATION CENTER HVAC REPLACEMENT PROJECT PROJECT No. 31002 -1 HVAC BID SCHEDULE TOTAL BASE BID PRICE (SCHEDULE BID PRICE):$ 274,860.00 Two hundred seventy -four thousand eight hundred sixty +00 /100 Dollars amount in written form CBF -1 UNIT OF EST. UNIT ITEM NO. ITEM DESCRIPTION MEASURE OTY. PRICE COST 1 Clearing and Grubbing LS 1 $ 0 $ 0 2 Demolition of existing RTU units, LS 1 including all auxiliary components $ 8,000 $ 8,000 & disposal of waste materials 3 Wood Framing Under New Curbs LS 1 $ 36,420 $ 36,420 4 New Roof Top Units (RTU) & LS 1 $ 145,600 $ 145,600 Curbs 5 Ductwork, Pipe, Conduit and All LS 1 Mechanical Components Including $ 38,840 $ 38,840 Air balancing and relocation of Existing Exhaust Fans 6 Electrical Work LS 1 $ 47,000 $ 47,000 TOTAL BASE BID PRICE (SCHEDULE BID PRICE):$ 274,860.00 Two hundred seventy -four thousand eight hundred sixty +00 /100 Dollars amount in written form CBF -1 BIDDER: AC Pros Inc. 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. The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by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 athird 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. Attache heryto is a certified check, a cashier's check or a bid bond in the amount of i � dredefohtvsix Dollars ($1L, ) 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. If awarded a Contract, the undersigned agrees to execute the formal Contract, which will be prepared bythe 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 satisfactoryto 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 applyto this Contract in the amounts of five hundred dollars ($500.00) if project 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. 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 CBF -2 BIDDER: AC Pros Inc. 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 -3 By: ✓ 'n Noam Ziv roe or Print Name President / CEO 1-11 AC Pros Inc. 18653 Ventura Blvd.. #251 Business Street Address Tarzana, CA 91356 City, State and Zip Code 818 -342 -7767 Telephone Number Bidder's /Contractor's State of Incorporation: California Partners or Joint Venturers: Bidder's License Number(s): 871281 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 -4 BIDDER: AC Pros Inc. SECTION 2 BID DATA FORMS CBF -5 Bond Number: B915779 BIDDER: AC Pros, 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 _ Principal, AC Pros, Inc. as , as Surety, are held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of Ten percent of amount bid ($ 10% 1 , being not less than ten percent (10 %) of the Total Bid Price; forthe payment of which sum will and trulyto 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 Rosemead Community Recreation Center HVAC Replacement Project as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated February 23, 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 21st day of February , 2012 . AC Pros, Inc. (SEAL) Finan Pacific Insurance Company (SEAL) Principal m m'L' a . B ✓ By: � aw n re Si atureCynthi . Y ng, Attor y -in -Fact CBF -6 CALIFORNIA ALL- PURPOSE ACKNOWLEDGEMENT State of California SS. County of San Bernardino On February 21 , 2012 before me, Pamela McCarthy, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public ") personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she 0�� executed the same in her authorized capacity, PAMEt.A MCCARTHY and that by her signature on the instrument the COMiUI. #1885009 m person, or the entity upon behalf of which the person NOTARY PUBLIC - CALIFORNIA G+ SAN BERNARDINO COUNTY acted, executed the instrument. My Comm. Expires Apol BB, N beacriaa 1 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 or Notary Public tl 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Partner -- ❑ Limited ❑ General 17 Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator Other: Signer is Representing: LIMITED POWER OF ATTORNEY Financial Pacific Insurance Company BOND NUMBER B915779 POWER NUMBER 915779 PRINCIPAL AC Pros, Inc. PENAL SUM 10% of amount bid KNOW ALL MEN BY THESE PRESENTS, that Financial Pacific Insurance Company, a California corporation (the "Company "), does hereby make, constitute and appoint: Jay P. Freeman, Laurie B. Druck, Pamela McCarthy, Cynthia J. Young its true and lawful Attorneys -in -Fact, with limited power and authority for and on behalf of the Company as surety, to execute, deliver and affix the seal of the Company thereto if a seal is required on bonds, undertakings, recognizances or other written obligations in the nature thereof as follows: and to bind the Company thereby. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of Financial Pacific Insurance Company at the meeting duly held July 6, 1995, which are now in full force and effect: Bid Performance, Payment, Subdivision and Miscellaneous Bonds up to $1,500,000.00 RESOLVED, that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney -in -fact or agent and revoke any power of attorney previously granted such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company when signed and sealed (if a seal be required) by one or more attorneys -in -fact pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; any such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, Financial Pacific Insurance Company has caused these presents to be signed by it's proper officers, and it's corporate seal to be hereunto affixed this 9th of December 2010. �G INSU,9 ! ... ........ POR4- -- DULY22 � :3= 1986 7L /cnaC��P:'!2 j STATE OF CALIFORNIA, COUNTY OF PLACER On this 9th of December, 2010 before me, Debra Gavin, Notary Public, personally appeared Edward J. Paoletti and John R. Hollingshead, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. D. BARMN Commlulon M 1817718 Notery Public • CNNOmIe Placer County My Comm. Expires Nov 2 2014 CERTIFICATE — N`^ Debra Garvin, Notary Public I certify under the Penalty of Perjury under the laws of the State of California that the foregoing paragraph is true and correct. 21st February 12 Signed and sealed at Placer, this day of , 20 John RV ollingshead, Secretary Financial Pacific Insurance Company seal must be affixed BIDDER: AC Pros 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 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. 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. CBF -7 BIDDER: AC Pros Inc. 2.B LIST OF PROPOSED SUBCONTRACTORS (continued) r *Duplicate Next 2 Pages if needed for listing additional subcontractors.'? Name and Location Description of Work of Subcontractor to be Subcontracted Name: ALC Electric Address: 5455 Wilshire Blvd.. # 908 Los Angeles CA 90 036 Electrical Name and Location Description of Work of Subcontractor to be Subcontracted Name: GJSV�I Fes' Address: kq /4 /6, c/k 113<l3 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: 24W Name and Location of Subcontractor Name: Address: Description of Work to be Subcontracted I BIDDER: AC Pros Inc. 2.0 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 DWP, 100 N. Garfield, Pasadena, CA 91109 Name and Address of Owner Wes Stengel, Associated Engineer, 626 - 744 -6273, wstengel @cityofpasadena.net Name and telephone number of person familiar with project $ 304,000 Chillers rebuilding and recommissioning 06/3012011 Contract amount Type of Work Date Completed 2. City of La Mirada, 13700 La Mirada Blvd., La Mirada, CA 90638 Name and Address of Owner Public Work )hone number of person familiar with project Tennant improvements - complete HVAC system installation, 11/30/2010 i.A... inn efn,r #oral nlnrfrir�l nhimhinn and rnnf nafrhinn amount Type of Work 3 City of Plamdale, 38300 Sierra Highway, Suite D, Palmdale, CA 93550 Date Completed Name and Address of Owner Dan Knott, Maintenance manager, 661- 267 -5370, dknott @cityofpalmdale.org Name and telephone number of person familiar with project Replace 7 existing HVAC units with new, high efficiency $ 97,000 units. Modify duct systems and install zoning systems. 05/31/2011 Contract amount Type of Work Date Completed 4, Los Angeles Unified School District. Name and Address of Owner Don Seo, Exbon Development, 714 - 719 -4223, Name and telephone number of person familiar with project Replacement of 7 HVAC units including exposed ducting and $ 109,000 complete re- roofing with PVC type roofing. 06/31/2009 Contract amount Type of Work Date Completed CBF -9 BIDDER: AC Pros Inc. SECTION 3 NON - COLLUSION AFFIDAVIT CBF -10 BIDDER: AC Pros 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; thatthe 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. Typed or Printed Name c=Gy Title k:- r). 4 Zv ' Bidder Subscribed,,jand swo efore me This 2.1 ' of 20LZ 0m�gpJk Notary Publid ih and for the State of California My Commission Expires: s (Seal) 4gATPAl, Y E6 • Committee" N 1920*42 Notary Ru Los Angeles. County my Comm. Ex ices Feb `7;- 2015 CBF -11