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Doug Martin Contracting CompanyCITY OF ROSEMEAD /1/" ANNUAL 2008-2009 SLURRY SEAL PROJECT BIDDER: Doug Martin Contracting Company, 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 Doug Martin Contracting Company, Inc BIDDER: SECTION 1 -BID SCHEDUL CBF-1 Doug Martin Contracting Company, Inc. BIDDER: 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 CITY. PRICE COST 1 Clearing & Grubbing per plans and specifications. See technical ti TP2 & TP3 ifi LS 1 o spec ca ons . r 2 Disposal of Waste Materials LS 1 3 Crack Sealing LS 1 rILI 1 d% d C,' 4 Slurry Seal Type 11- See exhibit "A" & "B" per street locations & ELT 7 ° areas. 50 G 25 5 Traff ic Striping and Pavement of Markers -See exhibit "C" per ~ 639 details. LS 1 1 v o TOTAL BASE BID PRICE (SCHEDULE BID PRICE):$ oA1E kNc~ S~auT~ ~d~ % ~oc{s fXD A*-41&,rJpoy Dollar amount in written form 00cu)fL.S The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by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 Doug Martin Contracting Company, Inc. BIDDER: Attached hereto is a certified check, a cashiers 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. 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 Doug Martin Contracting Company, Inc. BIDDER: By: &,a/ ^4~ Sig ture Doug Martin, President Type or Print Name President Title Bidder's/Contractor's State of Incorporation: Partners or Joint Venturers: 220 E. Foundation Ave., A California Corporation Business Street Address La Habra, CA. 90631 City, State and Zip Code 714-441-0513 Telephone Number Bidder's License Number(s): 470131 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 CERTIFICATE OF SECRETARY OF ADOPTION OF RESOLUTION I Dixie Martin, , do hereby certify that I am the Secretary of Doug Martin Contracting Co., Inc., and do hereby certify that the following resolution is a full, true and correct copy of a resolution passed by the Board of Directors of said corporation at a meeting thereof held on the 3nd day of January, 1985, in accordance with the by-laws of said corporation, and that said resolution has not to the date of this certification been in any manner amended, modified, revoked, rescinded or annulled, and the same is now in full force and effect. "RESOLVED, that any of the following officers of this corporation, Doug Martin, President, and Dixie Martin, Secretary/Treasurer, any one acting alone, be and they are hereby authorized to execute and deliver in the name of and for and on behalf of this corporation, any and all bids, authorizations, contracts, bonds and agreements of any nature or sort whatsoever. BE IT FURTHER RESOLVED, that any and all persons, firms, corporations and other entities, including public entities, shall be entitled to rely on the authority of any one of such officers above named, to bind this corporation by the execution and delivery of any such bids, authorizations, contracts, bonds, an agreements. BE IT FURTHER RESOLVED, that the authority herein contained shall remain effective until the person, corporation, or public entity relying upon the authority herein contained, receives written notice to the contrary signed by duly authorized officers of this corporation, that all previous authorizations theretofore given with respect to the matters herein contained are revoked. That the revocation of the authority herein contained shall not affect the validity of any instrument herein referred to signed by any person or persons at the time authorized to act." IN WITNESS WHEREOF, the undersigned has hereunto set her hand as Secretary and affixed the seal of this corporation this 17 day of March, 2009 Dixie Martin, Secretary BIDDER:Doig Martin Contracting Company, Inc SECTION 2 BID DATA FORMS CBF-5 BIDDER: DOUG MARTIN CONIRACrM COMPANY, INC. Bidder shall submit its Bid data in accordance with the format shown on each of the following Bid Data Forms. Bidders shag prepare and use as manysheets 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 DOUG MARTIN CONTRAC'T'ING COMPANY, INC. as Principal, and SAFECO 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 IN ---------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 for the Annual 2008-2009 Slurry Seal Project as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated MARCH 18, 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 -Q r- day of MARCH DOUG MARTIN CONTRACTING SAFECO INSURANCE COMPANY COMPANY,' INC. (SEAL) OF AMFRTCA (SEAL) Principal rety By. k C.u IL" air P , , eecret S ignature Dixie Martin, ary S nature JUDITH K. C NGHAM ATTORNEY-IN-FACT CBF-6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Oranpe On March 10, 2009 before me, Andrea Chastain , Notary Personally appeared Judith K. Cunningham ANDREA CHASTAIN C%1 COMM. # 1775131 NOTARY PUBLIC CALIFORNIA K0 3 ORANGE COUNTY W My comm. e~ires Oct. 22, 2011 C Capacity(ies) Claimed by Signer(s) Who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ar-e subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/tierauthorized capacity(ies), and that by his/her/gw4 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. Signature J&va ehnoWr-r, Signature of Notary Public OPTIONAL ❑ Individual ❑ Partner ❑ Limited ❑ General ® Attomey-in-Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other Signer is Representing: SAFECO INSURANCE COMPANY OF AMERICA POWER R M. OF ATTORNEY KNOW ALL BY THESE PRESENTS: Safeco Insurance Company of America General Insurance Company of America 1001 4th Avenue Suite 1700 Seattle, WA 98154 No. 9223 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ***********DENISE BENNETT, JUDITH K. CUNNINGHAM; JOHN M. GARRETT, CHARISE MAY; STEVEN C. MOSIER; ERIKA A. NICHOLAS; Irvine, California*`****"*** its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 19th day of January 2009 Dexter R. Legg Secretary Timothy A Mhkolalewski Vice President CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL 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 atiomeys-in-fact 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 validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. I, Dexter R. Legg Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL 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 these corporations. and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (I) 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 certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 10TH SEAL S-09741DS 1109 day of MARCH 2009 ~X* i.ki Dexter R. Legg, Secretary Safeco® and the Safeco logo are registered trademarks of Safeco Corporation. WEB PDF Doug Martin Contracting Company, Inc. BIDDER: 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 Doug Martin Contracting Company, Inc. BIDDER: 2.B LIST OF PROPOSED SUBCONTRACTORS (continued) ["Duplicate Ne)d 2 Pages if needed for listing additional subcontractors.") Name and Location Description of Work of Subcontractor to be Subcontracted Name: &L O CAL ("a10 S11_11AJ tfj ~ NCB 3 Address: /0T3_4 DOi' c tfvI . 6;*2 . Cnd2 Lelgc.x S a Name and Location of Subcontractor Description of Work to be Subcontracted Name: C)•l-I , F Address 15 ~ Lo S 5 - 1 G S^ivM Fes' ~P2tlllr CA- go~7v ST2iO~^q 4c- tM/Je 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 CBF-8 Doug Martin Contracting Company, Inc. BIDDER: 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. City of El Segundo. 350 Main St-, CA 90949 Name and Address of Owner Jonas 310-524-2361 Name and telephone number of person familiar with project 228,293.59 Slurry Seal Nov. 2008 Contract amount Type of Work Date Completed 2. City of Lake Flsinnre,130 S Main Srrppr, CA, 92530 Name and Address of Owner Bill Payne 951-674-3124 Name and telephone number of person familiar with project 229,948 60 Slurry Seal nrt, 2005 Contract amount Type of Work Date Completed 3. Cit4x of cia~aont 207 ~l rvAr-d ~.e Ca Name and Address of Owner Kirk Phillips 909-399-5465 Name and telephone number of person familiar with project 711,475.13 Slurry Seal, Crack Routing, Striping, Traffic Control Sept. 2008 Contract amount Type of Work Date Completed 4. City of Rialro~ 315 W Rialtn Ave CA 42170 Name and Address of Owner G. Klatt 909-820-2602 Name and telephone number of person familiar with project 582,247 78 Slurry Seal Traffic Control Striping A -C Teveling .Tune. 7n05 Contract amount Type of Work Date Completed CBF-9 Doug Martin Contracting Company, Inc. BIDDER: SECTION 3 NON-COLLUSION AFFIDAVIT CBF - 10 Doug Martin Contracting Company, Inc. BIDDER: 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 Dixie Martin Typed or Printed Name SPrrPtary,(TrPaS>>rar Title Doug Martin Contracting Company, 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 Count/ Of orange scribed and mom lb (or aff ned) before me on this 4th of March . 20Q.1 by Dixie Martin red ID me cm the basis of sai sfackory evidence to be the con(s) who fired before me. K. CARLSON Commktlon # 1676308 Nolmy Ktft _ CaUfomla (Seal) S~gnaame