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Valley Slurry SealCOPY CITY OF ROSEMEAD ANNUAL 2008-2009 SLURRY SEAL PROJECT CONTRACT BID FORMS BIDDER: CONTRACT BID FORMS TABLE OF CONTENTS SECTION 1 BID SCHEDULE SECTION 2 BID DATA FORMS 2.A BID BOND 2.6 LIST OF PROPOSED SUBCONTRACTORS ...............................................1 5 6 -------------------7 SECTION 3 NON-COLLUSION AFFIDAVIT .............................................................................10 ~►'L BIDDER: qatyjA SECTION 1 -BID SCHEDULE CBF-1 BIDDER: V~~ ~-lJ BID SCHEDULE SCHEDULE OF PRICES FOR ANNUAL 2008-2009 SLURRY SEAL PROJECT CDBG PROJECT No. P46402 BASE BID SCHEDULE UNIT OF EST. UNIT ITEM NO. ITEM DESCRIPTION MEASURE QTY. PRICE COST 1 Clearing & Grubbing per plans and specifications. See technical specifications TP2 & TP3. LS 1 t 2 Disposal of Waste Materials LS 1 -OD .00 3 Crack Sealing LS 1 4 Slurry Seal Type II - See exhibit "A" & "B" per street locations & ELT 750 ~ areas. - 5 Traffic Striping and Pavement Markers - See exhibit "C" per l LS 1 a . 12~a detai s. TOTAL BASE BID PRICE (SCHEDULE BID PRICE):$ J'ilU• :Zlw- 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written form The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by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 govem. 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. CBF - 2 BIDDER: Q l 5IU Attached hereto is a certified check, a cashier's check or bid bon in the amount of Dollars said amount being not less than ten cent (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. 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 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 BIDDER: J 31fnn~Q-&1Vs Business Street Address MnS.W%c Type or Print Name Title W(f, ka M ~I) . CR City, State and Zip Code 9 l LD 313 150 Telephone Number Bidder's/Contractor's State of Incorporation: U \-~)(11-~' Partners or Joint Venturers: Bidder's License Number(s): ~-1~~ 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, nartnershin or ioint venture has the authority to do so. CBF-4 March 17, 2009 VaLLey SLurrLi ssaL To Whom It May Concern: I, Diane M. Minor, duly4ected Secretary of Valley Slurry Seal Company, state that the following resolution is a true and exact copy of that resolution adopted by the Board of Directors of Valley Slurry Seal Company, March 1, 1988. "NOW, THEREFORE, be it resolved that Alan S. Berger as duly elected Vice-President, be authorized to sign any and all bids and/or contracts, and/or I legal documents for Valley Slurry Seal Company, a California Corporation, and that his signature shall be binding on the corporation." Diane M. Minor - Secretary Valley Slurry Seal Company A California Corporation 3050 Beacon Blvd, Suite 205 West Sacramento, CA 95691 P.O. BOX 981330 • WEST SACRAMENTO, CA 95798 • PHONE (916) 373-1500 FAX NO. (916) 373-1438 • CONTRACTOR'S LICENSE NO. 293727A PIRIVEMEnT RlRinTEnRncE SPECIRLISTS BIDDER: u ~O SECTION 2 BID DATA FORMS CBF-5 BIDDER: valley Slur Seal Company 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 Valle Slur Seal Company as Principal, and western surety company as Surety, are held firmly bound unto the CITY OF ROSEMEAD (hereinafter' called the OWNER) in the sum of 10% of Total Amount 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 Annual 2008-2009 Slurry Seal Project as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated March ls, 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 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 4th day of March , 2009 Valley Slurry Seal C Y (SEAL) Principal ll-$ERG~It By: VICE PRESIDENT By: Signatur Surety Signature P.~couker, CBF-6 ACKNOWLEDGMENT State of California County of ~n S'I before me, \ C ~I~C`l i S~~74c _w roe On \ (insert name and title of the office personally appeared \ CV--\ J , tsP C'C`«P ( who proved to me on the basis of sa6sfac tory evidence to be t e person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/t hey executed the same in hislher/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 per son(s) acted, executed the instrument.. I certify under PE NALTY OF PERJURY under the laws of the State of Cali fomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MANDI FITZGERAID COMM. #1715629 Z /i Z Notary Public.California o Sacramento Courity My ^?m•r Expires an. 11. ZOl l ACKNOWLEDGMENT State of California County of SACRAMENTO ) On March 4, 2009 before me, Rosalie A. Miszkiel, Notary Public (insert name and title of the officer) personally appeared P.A. Gouker , 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 cial seal. Signature ROSALIE A. MISZKIEL 2 ~ COMM. #1818581 a) m Notary Public-Callfomia Z SACRAMENTO COUNTY My Comm. Exp. Nov. 18, 2012 (Seal) Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Thomas R Hucik, Jo Anne Hucik, Rosalie A Miszkiel, P A Gouker, Individually of Folsom, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 3rd day of November, 2006. ?SUrrcrrc WESTERN SURETY COMPANY Paul . Bruflat, Senior Vice President State of South Dakota ss County of Minnehaha On this 3rd day of November, 2006, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say. that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires ++ti+ti~.•.Y..ti~.~~~~'~~~~~~"' + f D. KRELL J November 30, 2012 f NalAW PUBLIC SEAL i fUWSOUTH DAKOTAi +titititititi~ti titi44bV tititi~„1ti1ti + D. Krell, N Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. in testimony whereof 1 have hereunto subscribed my name and affixed the seal of the said corporation this 4th day of March.. 2009 WESTERN SURETY COMPANY ®r~=""'qw L. Nelson, Assistant Secretary Form F4280-09-06 BIDDER: 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, and as as Surety, are held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of 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 Annual 2008-2009 Slurry Seal Project as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated 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 day of , 20 Principal By: Signature By: (SEAL) Surety Signature CBF-6 BIDDER: 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 1- BIDDER: i W 2.19 LIST OF PROPOSED SUBCONTRACTORS (continued) ["Duplicate Next 2 Pages if needed for listing additional subcontractors."] Name and Location of Subcontractor Name: Address: > C9 Description of Work to be Subcontracted Hem3 CJCO,tly--.~Ut~9 ~J Name and Location of Subcontractor Description of Work to be Subcontracted W(Y-4-5 Name: 010 " Address: K Name and Location of Subcontractor Name: Address: Description of Work to be Subcontracted 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 CBF-8 ~ ~ I1 BIDDER: J 2.C 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. `/1 1 Name and C Name arW number of person familiar with Type of Work 2. UI t 1 Name aru~ yYl~ Name and I, C~- Contract a of Owner 3(]A ct e number of person familiar with 3. i" ILN"% La U1 Name and Address of KCyiY) Name and telephone i 883 ,14t~ Contract amount Date Completed Work Date person familiar with project of Work 4. 1 V 1 t/ v Name and dress of Owner Ann tleLC q1tj q-113- Name and telephone number of person familiar with project 11 `~Z~ 1 • ~ m . Contract amount Type of Date Completed S Wo ~1KUrOR Date Completed CBF-9 I. - BIDDER: SECTION 3 NON-COLLUSION AFFIDAVIT CBF - 10 BIDDER: eo 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 deposito o any member or agent thereof to effectuate a collusive or sham bid. Typed or Printed Name V, d-, ~tes~d~c~t Title vale s4ffq Q ~.o Bidder Subscribea,n~d sworo 1) efor me This -076a Y ofd , 2001 N P and for the Sta alifornia My Commission Expires: q^21r 11 (Seal) JAMIE DAVIS-HOLTZ Comminlon 0 1733659 :-m Notary Public - California z Yolo County MyOmim. EowApr21, 2011 CBF - 11