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Yakar General Contractorsll i 1 1 1 1 1 1 1 1 BIDDER: l C, f,,r SECTION 1 - BID SCHEDUL CBF-0 f 1 1 1 1 1 BIDDER: 11 ksy- BID SCHEDULE SCHEDULE OF PRICES FOR TREE PLANTING PROJECT ON VARIOUS STREETS BASE BID SCHEDULE MARSHALL AVENUE FROM ROSEMEAD BOULEVARD TO WALNUT GROVE AVENUE CCC CYYIRIT "A" FAQ I nCATIr)NR UNIT OF EST. UNIT ITEM NO. ITEM DESCRIPTION MEASURE CITY. PRICE COST 1 Clearing & Grubbing LS 1 /~Zso /Sy 2 Disposal of Waste Materials LS 1 3 Furnish and Install 24-Inch Box Cinnamomum Camphora (Camphor Tree) Parkway Tree per r O B APWA Std. Plan 520-3 Complete. Ea 40 4 Furnish and Install Tree Well and Cover per APWA Std. Plan 519-2, Z3_O ^ 1' Type 3. Ea 3 IG7 5 Perform a 90-calendar days ~ maintenance period as indicated ~O v O oa 0 on the Technical Provisions. LS 1 TOTAL BASE BID PRICE (SCHEDULE BID PRICE):$ Dollar amount in written form ALTERNATE BID ITEM # 1 HELLMAN AVENUE FROM WALNUT GROVE AVENUE TO NEW AVENUE CCC CYwmT 111211 CnG I nCAT1nNC NO. ITEM DESCRIPTION UNIT OF MEASURE EST. QTY. UNIT PRICE ITEM COST 5 Furnish and Install 24-Inch Box Parkway Tree Evergreen Pear (Bradford Pear Cultivar) per c oO APWA Std. Plan 520-3 Complete. Ea 100 6 Install Tree Well and Cover per APWA Std. Plan 519-2, Type 3. Ea 28 ALTERNATE BID # 1 PRICE a U Dollar amount in writte form CBF-1 II 1 1 I 10 Install Tree Well and Cover per ALTERNATE BID ITEM # 2 VARIOUS RESIDENTIAL STREETS SEE EXHIBIT "C" FOR LOCATIONS BIDDER: f UNIT OF EST. UNIT ITEM NO. ITEM DESCRIPTION MEASURE QTY. PRICE COST 7 Furnish and Install 24-Inch Box Tabebuia Avellanedae (Pink Trumpet Tree) Parkway Tree ° per APWA Std. Plan 520-3 110 Complete. Ea 85 8 Furnish and Install 24-Inch Box Parkway Tree Evergreen Pear (Bradford Pear Cultivar) per APWA Std. Plan 520-3 f 17 J 3 Complete. Ea 85 9 Furnish and Install 24-Inch Box Cinnamomum Camphora (Camphor Tree) Parkway Tree f per APWA Std. Plan 520-3 Complete. Ea 85 E @ 3 APWA Std. Plan 519-2, Type 3. a 8 I ALTERNATE,, BID # 2 PRICE 1 I 00 p u~' r e Dollar amou in written form TOTAL BASE BID PRICE INCLUDING ALTERNATES$ r Dollar amounyr'&i$en form The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Calendar Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed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 utiliied by the Owner, the resulting amount shall be considered the Total Bid Price for the Project. CBF-2 BIDDER: . ~ khr ' Attached hereto is a certified check, a cashier's check or a bid bond in the amount of CP l~ (1~sMA~ $Q N~b`ollars ($'915") said amount being not less than ten percent (10%) of the Total Bid Price.'' Wundersigned 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 t 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. _%2 ' 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. I ' CBF-3 k~. ✓ ' BIDDER: 7r, u By; 13 YYOa/ r/ ~✓1 Signature Business Street Address ~wk~na /I kef S%n o e c cYY793 Type or Print Name City, State and Zip Code ' &-n,'ktz-t 12 A) F 3- 13-7-!;- Title Telep noh a Number ' Bidder's/Contractor's State of Incorporation: Partners or Joint Venturers: Bidder's License Number(s): X10 y 97 ' 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. 11 I CBF-4 ' BIDDER: i 1 I 1 1 1 SECTION 2 ' BID DATA FORMS 1 1 1 0 1 1 1 1 I CBF-5 ' BIDDER: Y- ' 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. L, LJ 1 1 I CBF-7 ' 2.13 LIST OF PROPOSED SUBCONTRACTORS (continued) [**Duplicate Next 2 Pages if needed for listing additional subcontractors."] ' Name and Location Description of Work of Subcontractor to be Subcontracted Name: t Address: I 1 I I Name and Location Name and Location of Subcontractor Name: Address: BIDDER: Ne- Description of Work to be Subcontracted Name and Location of Subcontractor Name: Address: of Subcontractor Description of Work to be Subcontracted Description of Work to be Subcontracted ' Name: Address I I I Name and Location of Subcontractor Name: Address: Description of Work to be Subcontracted I CBF-8 1 1 1 1 1 BIDDER: S Y 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. Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed 2. Name and Address of Owner G ~D Name and telephone number of miliar with of ct Contract amount Type of Work Date Completed 3. Name and Address of Owner Name and telephone number of person familiar with project 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 imairisarinvE convywar- es TECHNICAL ABILITY AND EXPERIENCE REFERENCES: 1. Name of City or Business City of Pasadena - Playhouse Lighting Contact Person & Phone No. Elvin Jiang- (626) 744-6912 Type of Work Street Lighting. Concrete work and Trees Date Completed 04/2009 Total Contract Amount $ 964.000.00 2. Name of City or Business City of Pasadena - South Lake Ave. Contact Person & Phone No. Elvin Jiang -(626) 744-6912 Type of Work _ Trees U12 lights, Irrigation and Planting Date Completed 12/2008 Total Contract Amount $ 755.000.00 3. Name of City or Business City of San Dimas Contact Person & Phone No. ) Cam b(909)394-6240 Type of Work Concrete Sidewalk. Curb & Gutter and Drive ways Date Completed 1012008 Total Contract Amount 260.000 4. Name of City or Business City of Temecula Contact Person & Phone No. Bill McAteer Type of Work Roller Hockey Rink Dasher Board Date Completed 08/2008 Total Contract Amount $ 198.000 5. Name of City or Business City Riverside - La Sierra Park Phase II Contact Person & Phone No. Bud Grosvenor W Fish - (951) 640-8424 Type of Work Musco Lights. Irrigation. Planting. Concrete& Asphalt-as superintendent Date Completed 0612005 Total Contract Amount $ 2.269.737.00 113 E. Arrow Hwy, San Dimas, CA 91773 Tel: 626 - S13 -1575 F a x : 800 - 750 -9094 ' k ~ S ✓ BIDDER: f.. I SECTION 3 ' NON-COLLUSION AFFIDAVIT 1 ' CBF-10 kh ' 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 ' Typed or Printed Name Title yke~ Bidder ' Subscribed and swor efore me This '3 day of IIttlZh 20A-CL ' ota Public i nd t e State of C ' orni My Commission Expires: 3 1 I I (Seal) M01M tMYEGII CanrYnlon f 1 M9D17 -.1liolary Hb~e- CaYbrnla 1 CBF-11 BIDDER: YAKAR 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 YAKAR as Principal, and DEVELOPERS SURETY AND INDEMNITY COMPANY as Surety, are held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the 'sum of TEN PERCENT OF THE AMOUNT OF THE BID DOLLARS ($_107 OF BID AMT. 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 Traffic Signal Installation at First Avenue and Santa Clara Street as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated MARCH 4. 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 27th day of FEBRUARY 2009 . YAKAR (SEAL)DEVELOPERS SURETY AND (SEAL) Principal Surety INDEMNITY COMPANY Sy: By: Si, atu ~ykcui~p~S~eW~ S1gATT0RNEY-IN-FACTLUME i CBF-6 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On before me, R. NAPPI "NOTARY PUBLIC" (Here insert name and title of the officer) personally appeared SHAWN BLUME ' who proved to me on the basis of satisfactory evidence to be the personfg) whose nameWis/aPrsubscribed to the within instrument and acknowledged to me that he/shc/they executed the same in his/hedtVieir authorized capacity(iesj, and that by his w44heii-signaturefaj on the instrument the personV, or the entity upon behalf of which the person(6} acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ficial seal. WITNE774~7dJ hand and of /1 Signature of Notary Public / R. NAPPI COMM. #1796916 NOTARY PUBLIC -CALIFORNIA RIVERSIDE COUNTY (Notary Seat]) My Comm. Expires June 7, 2012 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Addition] information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Anomey-in-Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM AiV acknowledgment completed in California must commit verbiage exoerly as appears abore in tire notary section or a separate aclarowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. Its such instances. am, allematine acknowledgment verbiage as nu0, be printed on such a document so long as the verbiage does not require the notary to do samething dint is illegal for a notary in Califomia (i.e. certifying the aulhorved capacity of /lie signer). Please cluck the document carefully for proper notarial wording and attach this form ff required • State and County information must be the Some and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Dote of notarization most be the date that the signer(s) personally appeared which most also be the same dale the acknowledgment is completed. • The notary public most print his or her rume as it appears within his or her commission followed by a comma and then your title (notarypublic), • Print the note(s) of document signer(s) who personally appear at the time of notarisation. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/shd4w5- is /ere ) or circling the correct fomu. Failure to correctly indicate this information may lead to rejection of document recording, • The notary seal impression most be clear and photographically reproducible. Impression must not, cover I"t or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public most match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. 4 Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008Version CAPAY1?.10.07800-873-9865 w%vw.NwaryCluses.com POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Michael D. Stong, Rosemary Nappi, Shawn Blume, Jeremy Pendergast, jointly or severally*** as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the allomey(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be. and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any cerbficale relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF their respective Vice President aand attested by their respective Assistant Secretary this January 1st, 21 BY: i AND Stephen T. Pate, Senior Vice Presiden gyp: pFORq Fly':. W OCT. 10 'n By' :o. 1936 sa= Charles L. Day, Assistant Secretary yxi, State of California - County of Orange CALIFORNIA have severally caused these presents to be signed by GOo,PANV OF r.~ GOPPORq C` OCT. 5 To f0 W 1967 0 O n c 2 441FOPP\ d a On January 1st 2008 before me, Christopher J. Roach, Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephen T, Pate and Chades L. Day _ Name(s) of Signer(s) - - - - - - - - - - - - - - - - - _ CHRISTOPHER J. ROACH COMM. # 1745939 f NOTARY Pusuc cAuroRNIA ORANGE COUNTY My comm. e>rptres May 19, 2771 Place Notary Seal Above 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 helshelthey executed the same in hislhedtheir authorized capacity(ies), and that by hislher/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 corr act. WITNESS my hand and offi ial~seal. Signature Ch' er J. Roach CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this (Certificate. This Certificate is executed in the City of Irvine, California, tho Aday of I . pa v~ Albert Hillebrand, Assistant Secretary I D-1380(Wet)(Rev.07/07)