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Mariposa Horticultural Enterprises IncCITY OF ROSEMEAD RAMONA BOULEVARD. BEAUTIFICATION PROJECT CONTRACT BID FORMS BIDDER: Mariposa Horticultural Enterprises. Inc CONTRACT BID FORMS TABLE OF CONTENTS SECTION 1 BID SCHEDULE 1 SECTION 2 BID DATA FORMS ............................5 2.A BID BOND ............................6 23 LIST OF PROPOSED SUBCONTRACTORS ............................7 SECTION 3 NON-COLLUSION AFFIDAVIT ........10 CBF-12 BIDDER: Mariposa Horticultural Enterprises, Inc. SECTION 1 - BID SCHEDULE CBF-0 BIDDER: Mariposa Horticultural Enterprises, Inc. BID SCHEDULE SCHEDULE OF PRICES FOR RAMONA BOULEVARD BEAUTIFICATION PROJECT BASE BID SCHEDULE UNIT OF EST. UNIT ITEM NO. ITEM DESCRIPTION MEASURE CITY. PRICE COST 1 Clearing & Grubbing per plans and $8,550.00 $8,550.00 specifications LS 1 2 Disposal of Waste Materials LS 1 $2,780.00 $2,780.00 3 Furnish and Install 24-Inch Box Eucalyptus Torquata per Plans $275.00 $7 975.00 and Specifications. Ea 29 , 4 Fumish and Install 5-gallons Shrubs Cistus Rockrose per plans $14 40 $489.60 and specifications. Ea 34 . 5 Furnish and Install 5-gallons Shrubs Echium Candicans per $14 50 $667 00 plans and specifications. Ea 46 . . 6 Furnish and Install 5-gallons Shrubs Muhlenbergia Rigens per $14 60 $452.60 plans and specifications. Ea 31 . 7 Furnish and Install 5-gallons Shrubs Phormium Maori Queen $18.00 $1 008.00 per plans and specifications. Es 56 , 8 Furnish and Install 5-gallons Shrubs Plumbago Auriculata per $14 75 $206 50 plans and specifications. Ea 14 . . 9 Furnish and Install 5-gallons Shrubs Rosa Banskiae per plans $14 75 $221 25 and specifications. Ea 15 . . 10 Fumish and Install 5-gallons Shrubs Westringia Fruticosa per $14 40 $979.20 plans and specifications. Ea 68 . 11 Fumish and Install 1-gallon Groundcover Acacia Redolens per $4 30 292 40 plans and specifications. Ea 68 . . 2l Furnish and Install 1-gallon L Groundcover Lantana $4.30 947.90 $1 Montevidensis per plans and , specifications. Ea 453 CBF-1 BIDDER: Mariposa Horticultural Enterprises, Inc. UNIT OF EST. UNIT ITEM NO. ITEM DESCRIPTION MEASURE QTY. PRICE COST 13 Furnish and Install Flats @ 18" 754 40 $3 O.C. Myoporum Parvifolium per $14.44 , . plans and specifications Flat 260 14 Furnish and Install 5-gallons Vines $14.60 1 065.80 Macfadyena Unguis Cali per plans , and specifications. Ea 73 15 Furnish and Install Irrigation 827.00 $10 $10 827.00 System Complete per plans and , , specifications. LS 16 Furnish and Install Miscellaneous 409.00 $10 $10 409.00 Concrete Work Complete per , , plans and specifications. LS 1 TOTAL BASE BID PRICE (SCHEDULE BID PRICE): 51,625.65 Fifty one thousand six hundred and twenty five dollars and sixty five cents Dollar amount in written form The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Calendar Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract forthe 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. 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. Project will be awarded on Base Bid Schedule. Attached hereto is a certified check, a cashier's check or a id bon in the amount of 10% Dollars ) said amount being not less than en 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 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. CBF-2 BIDDER: Mariposa Horticultural Enterprises, Inc. 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 wi`h 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-3 By: A Signature Terry Nonega Type or Print Name President BIDDER: Mariposa Horticultural Enterprises, Inc. 15529 Arrow Hwy Business Street Address Irwindale, CA 91706 City, State and Zip Code (626) 960-0196 Telephone Number Bidder's/Contractor's State of Incorporation: California Partners or Joint Venturers: Bidder's License Number(s): #592268 C-27 A C61/D49 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 require 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: Mariposa Horticultural Enterprises, Inc. SECTION 2 BID DATA FORMS CBF-5 BIDDER: Mariposa Horticultural Enterprises, 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 wth the Bidder's name and page number. 2.A BID BOND KNOW ALL MEN BY THESE PRESENTS: THAT Mariposa Horticultural Enterprises, Inc. as Principal, and First National Insurance 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 Total Amount Bid DOLLARS 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 forthe Ramona Boulevard Beautification Project as set forth to the Notice Inviting Bids and accompanying Bid Documents, dated January 28th, 2009. 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 shelf pay all costs incurred bythe OWNER in such suit, including reasonable aftomeys'fees to be fixed by the court. SIGNED AND SEALED, this 23rd day of January 20 09 First National Insurance Mariposa Horticultural Enterprises, Inc. (SEA) Company of America (SEAL) Principal Surety By: ay: Si ature g to e Jeffrey R. Gryde, Attorney-in-Fact CBF - 6 'k ar 9~S(~~ i Gb/o~ '548325 o a~ 4 she !Dose bass ti of gym, First National Inwrance Company of America ¢=-'3q1 POWER 10014th Avenue OF ATTORNEY suite 1700 Seattle. WA 98154 KNOW ALL BY THESE PRESENTS: No. 9392 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA. a Washington corporation, does hereby appoint '*JEFFREY R. GRYDE; Costa Mesa, California*`*"***'*****" Its true and lawful attomey(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such Instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 19th 2009 Dexter R. Legg, Secretary Timothy A. Mlkolajewski, Vice President CERTIFICATE Extract from the By-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint Individuals as attorneys-in-fad or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company In the course of its business... On any instrument making or evidencing such appointment. the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validly of any such instrument or undertaking" Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, fit The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the carrying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Dexter R. Legg , Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the Sy-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the facsimile seal of said corporation this 23rd day of January 2009 5EAL e 1928 .et Dexter R. Legg, Secretary day of January S-10491 1109 i Salem® and the Sefem logo are registered trademarks of Salem Corporation. WEB PDP + CALIFORNIAALL-PURPOSE ACKNOWLEDGMENT State of California l County Of (1~~, eS Ji On January 23, 2009 before me, Choi -L n e ~Tc~ne }rh e~ I~~ O ~t Date - p Here Insert Name_ and Title of the Officer ,personally appeared Ue CL~c C, GCyd2' ' Who proved to me on the basis of satisfactory evidence to be the person whose name(so is/are subscribed to the within instrument and acknowledged to me that he/she,44w executed the same in his/her/H-teir authorized RISTINE JANE THATCHER 111 Commisslon # 11165 d - capacity(ies), and that. by his/heAhF.i4signature(A) on the g . Notary Pubilc - Collfornlo instrument the erSOn P (6d. or the entity upon behalf of 1 Los Angeles County € ' 1NyCorrxn E` which the person(p) acted, executed the instrument. , res JOn26.2o11 I certify under PENALTY OF PERJURY under the laws of the State of California't at the foregoing paragraph is ' true'and correct. a WITNESS my hand a offl seal. . ' Signature Place Notary Seal Abbve • Signature of Notary Public ti OPTIONAL 'r t 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Number of Pages: Signer's Name: Signer's Name: ❑ Individual- ❑ Individual ❑ Corporate Officer-Title(s): ❑CorporateOfficer-Title(s): ❑ Partner - D Limited ❑ General ❑ Partner-O Limited ❑ General ❑ Attorney in Fact. ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association- 9350 De Soto Ave., P.O. Box 2402•Chas rth, CA 91313-2402•w NationalNolaryorg Item #5907 Reorder: Call TNI-Free 1-900-976-6827 BIDDER:Mariposa Horticultural Enterprises, Inc. 23 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: Mariposa Horticultural Enterprises, Inc. 2.13 LIST OF PROPOSED SUBCONTRACTORS (continued) t"Duplicate Next 2 Pages If needed for listing additional subcontractors."] Name and Location of Subcontractor Name: Address: Description of Work to be Subcontracted 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 Name and Location oi Subcontractor Name: Address: Description of Work to be Subcontracted Description of Work to be Subcontracted Description of Work to be Subcontracted CBF-8 BIDDER!Mariposa Horticultural Enterprises, Inc. 2.C REFERtNCtJ 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 Arcadia Police Station 240 W. Huntington Dr. Arcadia , CA 91723 Name and Address of Owner Tim O'Hara (626) 974-7600 Name and telephone number of person familiar with project $600,000.00 amount of Work Date Completed 2 Covina High School 519 E. Bodillo Covina, CA 91723 Name and Address of Owner Herman Whitney (626) 974-7600 Name and telephone number of person familiar with project $185,966.00 Landscape Construction September 2002 Contract amount Type of Work Date Completed 3 Mt. San Antonio College 1100N. Grand Avenue Walnut, CA 91789 Name and Address of Owner Caryn Cowin (909) 594-5611 Name and telephone number of person familiar with project $1.5 Million amount of Work Date 4 Burbank Water and Power 110 Magnolia Ave. Burbank, CA/ Name and Address of Owner John Cassidy (818) 238-3656 Name and telephone number of person familiar with project $ 1 Million Construction 2005 Contract amount Type of Work Date Completed CBF-9 BIDDER: tA%K'P°sa. Hof} cAA40rOJ EA4erpnx3,lrK. SECTION 3 NON-COLLUSION AFFIDAVIT CBF - 10 BIDDER: Mariposa Horticultural Enterprises, 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 effectuate a collusiivve~ or sham bid. Signature U Terry Noriega Typed or Printed Name President Title Mariposa Horticultural Enterprises Inc. Bidder Subscribed and sworn before me This 28th day of January 2009 r Not ry ublic in and for the State of California My Commission Expires:" (Seal) N 8325 IFORNIA c UNTY 29, 2009 *.ME CBF-11