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Elite Bobcat Service
CITY OF ROSEMEAD ANNUAL 2008-2009 CURB RAMPS CONSTRUCTION PROJECT CONTRACT BID FORMS BIDDER: Elite Bobcat Service, Inc. CONTRACT BID FORMS TABLE OF CONTENTS SECTION 1 BID SCHEDULE 1 SECTION 2 BID DATA FORMS ................................................................................................5 2.A BID BOND ..............................................................................................................6 2.13 LIST OF PROPOSED SUBCONTRACTORS ........................................................7 SECTION 3 NON-COLLUSION AFFIDAVIT 10 BIDDER: Elite Bobcat Service, Inc. SECTION 1 - BID SCHEDULE CBF-0 BIDDER: Elite Bobcat Service, Inc. BID SCHEDULE SCHEDULE OF PRICES FOR ANNUAL 2008-2009 CURB RAMPS CONSTRUCTION PROJECT ■ CDBG PROJECT No. P46402 BASE BID SCHEDULE UNIT OF EST. UNIT ITEM NO. ITEM DESCRIPTION MEASURE QTY. I PRICE COST 1 Clearing & Grubbing per plans and specifications. See technical $Z~~~Q~Q~ zy,ooa. op provisions. LS 1 2 Disposal of Waste Materials LS 1 y~to~~•0~ ~y0t0~~ 3 Construct PCC Curb Ramps per APWA Std. Plan 111-3 including truncated domes ARMORCAST replaceable yellow cast in place or b R m l S C d ~IIS SQ~ ur a p equa . ee approve 6511.04 • , Tabulation on Appendix A and TP- 7 per details and locations. Ea 70 4 Furnish and install ONLY Truncated Domes Detectable Warning Surfaces - ARMORCAST retrofit or approved equal. See y~35.04 ~y appendix A and TP-7 per details. Ea 12 ALTERNATE BID ITEM 1 NO. ITEM DESCRIPTION UNIT OF MEASURE EST. CITY. UNIT PRICE ITEM COST 5 Construct 4-inch PCC Sidewalk SF 450 q~D a t{`~5p ~St i U per APWA Std Plan 113-1. 6 Construct PCC Cross and APWA 5~ Longitudinal Gutters per Std. Plan 122-1. Intersection of SF 300 CBF-1 TOTAL BASE BID PRICE (SCHEDULE BID PRICE):S 1%5 ~3Z ' Oo BIDDER: Elite Bobcat Service, Inc. BID PRICE (SCHEDULE BID PRICE):$ Dollar amount in written toms r The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by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. 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. Attached hereto is a certified check, a cashier's check or a (bid bond) in the amount of 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. 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. CBF-2 TOTAL ALTERNATE BID PRICE (SCHEDULE BID PRICE): $ ~&,SSO,M BIDDER: Elite Bobcat Service, Inc. 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. The Bidder understands and agrees thatthe 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: Signature Joseph Nanci Type or Print Name President Title Bidder's/Contractor's State of Incorporation: Partners or Joint Venturers: Bidder's License Number(s): NOTES: 720016A BIDDER: Elite Bobcat Service, Inc. 1320 E 6th St #100 Business Street Address Corona, CA 92879 City, State and Zip Code (951) 279-6869 Telephone Number California 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, i partnership joint venture has the authority to do so. CBF-4 BIDDER: Elite Bobcat Service, Inc. SECTION 2 BID DATA FORMS CBF-5 _ BOND# 08739262 PREMIUM NIL BIDDER: Elite Bobcat Service, 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 ELITE BOBCAT SERVICE, INC. as Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND as Surety, are held firmly bound unto the CITY OF. ROSEMEAD (hereinafter called the OWNER) In the sum of TEN PERCENT OF AMOUNT BID DOLLARS 109 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 Annual 2008-2009 Curb Ramps Construction Project as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated 2-25-09 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 18TH day of FEBRUARY , 20 09 FIDELITY AND DEPOSIT ELITE BOBCAT SERVICE, INC. (SEAL) COMPANY OF MARYLAND (SEAL) Principal Surety By: By: ~ Signature N,<t pveS~~Q\ -Sig a ure RICHARD A. COON/ATTORNEY-IN-FACT CBF-6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On 2-18-09 before me, Lexie Sherwood. Notary Public , Dale Here Insert Name and Title of the Officer personally appeared Richard A. Coon Name(s) of Signer(s) LEXIE SHERWOOD L COMM. #1593951 3 NOTARY PUBLIC a CALIFORNIA n f ORANGE COUNTY Comm. Exp. JULY 27, 2009 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(offfI al seal. Signature /JL/.l~e( WA44aaecr C Place Notary Seal Above Signature of N ryblic 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: Signer(s) Other Than Named Above:- Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer-Title(s): ❑ Partner- ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing Number of Signer's Name: ❑ Individual ❑ Corporate Officer- Titll ❑ Partner Limited El General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NatlonalNotary.org Item #5907 Reorder: Call Toll-Free 1.800.8788827 .Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article V1, Section 2, of the By-Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date h e cQs by nominate, constitute and appoint Richard A. COON, Charles L. FLAKE, David L. CULB n e OOD, all of Anaheim, California, EACH its true and lawful agent and a Wfll d deliver, for, and or its behalf as surely, and as its act and deed: any an o -oN xecution of such bonds or undertakings in pursuance of these preseIBec , as u y and amply, to all intents and purposes, as if they had been d O t tc n o h ularly elected officers of the Company at its office in Baltimore, Md., attorney revokes that issued on behalf of Richard A. COON, Charles L. FLAKEp per-1 a sew P. FLAKE, Lexie SHERWOOD, dated November 7, 2005. The said Assistant ° eAeureby certify that the extract set forth on the reverse side hereof is a true copy of Arlicle VI, Section 2, of the By- s'! said Company, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day of November, A.D.2006. ATTEST: °tro" i trt~ Z Z State of Maryland l ss: City of Baltimore J FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary By: William J. Mills Vice President On this 15th day of November, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company. and that the said Corporate Seal and their signatures as such officers were duly atfixcd and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Scal the day and year first above written. ~ry1111, 11\\P Constance A. Dunn Notary Public My Commission Expires: July 14, 2011 POA-F 612-4150H EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages.... and to affix the seal of the Company thereto." CERTIFICATE 1. the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power (;['Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 18TH day of FEBRUARY 2009 Assistant Secrelaq State of California County of ~i' yQC 5~ OnF~~~u~~~2Sl4ZOOg' before me, a notary public, personally appeared fps lSoyd who proved to me on the basis of satisfactory evidence to be the personN Pose name s are subscribed t he within instrument and acknowledged to me thatshe4hey executed the same in is ) heig authorized capacityl4e~ and that by is signature on the instrument the personN, 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 is true and correct. Witness my hand and official seal. `gyp\o Signature (Seal) ~~~EC# Go~`c~ ~oy~ o~F a~ c~ G \0,~deb\ BIDDER: Elite Bobcat Service, Inc. 2.B 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: Elite Bobcat Service, Inc. 2.8 LIST OF PROPOSED SUBCONTRACTORS (continued) I"Duplicate Nest 2 Pages it needed for ];sling additional subcontractors.-) 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 Name: Address: Name and Location of Subcontractor Name: Address: Description of Work to be Subcontracted Description of Work to be Subcontracted Description of Work to be Subcontracted Name and Location of Subcontractor Name: Address: Description of Work to be Subcontracted ■ CBF-8 BIDDER: Elite Bobcat Service, Inc. 2.C REFERENCES The following are the names, addresses and telephone numbers forth ree public agencies for which BIDDER has performed similar work within the past two (2) years: t City of Costa Mesa 77 Fair Drive, Costa Mesa, CA 92628 Name and Address of Owner Pete Merit (714) 925-7432 Name and telephone number of person familiar with project $299,908 Concrete Improvements 11/2008 Contract amount Type of Work Date Comple 2. City of Laguna Woods 24264 E1 Toro Road, Laguna Woods, CA 92637 Name and Address of Owner Dennis Nelson (949) 754-5610 Name and telephone number of person familiar with project $408,518 Street Improvements 08/2008 Contract amount Type of Work Date Completed 3 City of Perris 101 N. D Street, Perris, CA 92570 Name and Address of Owner John Burton (951) 943-6504 Name and telephone number of person familiar with project $1,027,475 Street Improvements 08/2008 Contract amount Type of Work Date Completed 4. Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed CBF-9 BIDDER: Elite Bobcat Service, Inc. SECTION 3 NON-COLLUSION AFFIDAVIT CBF-10 BIDDEK: Elite Bobcat Service, 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 collusive or sham bid. Signature Joseph Nanci Typed or Printed Name President Elite Bobcat Service, Inc. Bidder Subscribed and sworn before me This _ day of , 20 (Seal) Notary Public in and for the State of California My Commission Expires: CBF-11 State of California County of K,4%cs~c~e OnF2~YUGty \%~0 before,me, a notary public, personally appeared t , who proved to me on the basis of satisfactory evidence to be the personal whose name is subscribed to e within instrument and acknowledged to me t at©e slieley executed the same in is authorized capacityCres), and that b hi signature on the instrument the person or the entity upon behalf o which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. s Witness my h d and official seal. F ~'4yo\° Signature _ (Seal) 1.0 Qoy G,~pC ♦ 0d