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Gammill Electric, Inc.CITY OF ROSEMEAD CITY HALL GENERATOR REPLACEMENT PROJECT CONTRACT BID FORMS BIDDER: GAMMILL ELECPRIC, INC CONTRACT BID FORMS TABLE OF CONTENTS SECTION 1 BID SCHEDULE... SECTION 2 BID DATA FORMS .......................... ............................... ........ 2.A BID BOND .................................................. ............................... 2.13 LIST OF PROPOSED SUBCONTRACTORS ........................... SECTION 3 NON - COLLUSION AFFIDAVIT ................... ................... 1 ................... 5 ................... 6 ................... 7 .................10 CBF -12 BIDDER GAMMILL ELE=C, INC SECTION 1 - BID SCHEDULE CBF -1 BIDDER: GAMMILL FLF,CPRIC, INC. BID SCHEDULE SCHEDULE OF PRICES FOR CITY HALL GENERATOR REPLACEMENT PROJECT PROJECT No. P85329 BASE BID SCHEDULE NO. ITEM DESCRIPTION UNIT OF MEASURE EST. QTY. UNIT PRICE ITEM COST 1 Mobilization and Demobilization LS 1 3,000.00 3,000.00 2 Demolition LS 1 23,000.00 23,000.00 3 Sitework LS 1 48, 000.00 48, 000.00 4 Concrete Slab and Masonry Wall LS 1 19, 000.00 19, 000.00 5 1 Generator Equipment Package LS 1 96, 650.00 96, 650.00 6 Interconnecting Fuel Piping LS 1 53,820.00 53,820.00 7 Electrical System Modifications LS 1 88 000.00 88 000.00 8 Control and Instrumentation LS 1 16, 000.00 16, 000.00 9 Modifications to Existing Structure LS 1 6,800.00 6,800.00 10 Total Cost of Other Miscellaneous Items to Complete Construction of City Hall Generator Replacement Project LS 1 5,630.00 5,630.00 TOTAL BASE BID PRICE (SCHEDULE BID PRICE):$ 359, 900.00 Three Hundred Fifty -Nine Thousand Nine Hundred Dollars and no 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written form The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by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 Ownerand 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. CBF -2 - BIDDER: GAMMILL ELECTRIC, INC 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 cashiers check or a bid bond in the amount of 10 percent Dollars ($ 10 % ) 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. #1 and #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. CBF -3 r � By: gnature JOHN R OLDHAM Type or Print Name PRESIDENT Title BIDDER: G AMMILL ELECPRIC INC. 1311 W. FOOTHILL BLVD. Business Street Address AZUSA, CA 91702 City, State and Zip Code 626 812 -4515 Telephone Number Bidder's /Contractor's State of Incorporation: CALIFORNIA Partners or Joint Venturers: Bidder's License Number(s): B & C -10 x/250076 NOTES: 1) 2) 3) By its signature on this Bid, the Bidder certifies under penalty of perjury the accuracy of the representations made on the Contract Bid Forms. If Bidder is a corporation, enter State of Incorporation in addition to Business Address 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. CBF -4 BIDDER: GAMMILL ELECTRIC, INC SECTION 2 BID DATA FORMS{tc \I 1 "SECTION 2 BID DATA CBF -5 Copy #3 of 3 Executed Originals BIDDER: GAMMILL ELECTR 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 k12 "2.A BID BOND{ KNOW ALL MEN BY THESE PRESENTS: THAT _ Principal, Gammill Electric, Inc., Azusa, CA as AMCO Insurance Company as Surety, are held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of tan percent of bid amount DOLLARS ($ of bid amount ), 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 City Hall Generator Replacement Project as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated October 20, 2010 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 15th day of October _ , 2010 Gammill Electric, Inc. (SEAL) Principal Z7 By: B gnature AMCO Insurance Surety Signature Severson, Attorney -in -Fact CBF -6 ACKNOWLEDGMENT State of California County of San Diego On October 15 2010 before me, Diana Kelly, Notary Public personally appeared Joshua Severson who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /ere subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his/her -Ether authorized capacity(ies), and that by his /her#heif 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. DIANA KELLY r COMM. #1706726 00 NOTARY PUBLIC•CAU NTT M s -� SAN DIEGO. COUNTY U ' My Commission Ex fires NOVEMBER 21, 20 10 WITNESS my hand and official seal. A , KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company, an Ohio corporation Farmland Mutual Insurance Company, an Iowa corporation Nationwide Agribusiness Insurance Company, an Iowa corporation Power of Attorney AMCO Insurance Company, an Iowa corporation Allied Property and Casualty Insurance Company, an Iowa corporation Depositors Insurance Company, an Iowa corporation hereinafter referred to severally as the "Company" and collectively as the "Companies," each does hereby make, constitute and appoint: Joshua Severson La Mesa, CA each in their individual capacity, its true and lawful attomey -in -fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of Four Million and no/100 Dollars ($4,000,000.00) and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys -in -fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such attorneys -in -fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, contract, instrument, or other papers of the Company. IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 11� day of August , 2009. j 1`0 �� �o. ,, x°,'��� Gary A. Douglas, President and Chief Operating Officer of Nationwide Agribusiness'Insurance Company � 5 / • S ; / and Farmland Mutual Insurance Company; and Vice President of Nationwide Mutual Insurance Company, ' AMCO Insurance Company, Allied Property and Casualty Insurance Company, and Depcsitora Insurance i \••� Company ACKNOWLEDGMENT a` ,,.•• ° "•, °"�, /e; :�"'� STATE OF IOWA, COUNTY OF POLK: ss =SEAL 1 ° % On this 11'" day of August , 2009, before me came the above -named officer for' € Companies aforesaid, to SEAT• / me personally known to be the officer described in and who executed the preceding .instrument, and he s, '•• °• -v a �' r � acknowledged the execution of the same, and being by me duly sworriyrdepuses and says'thst he is the " officer of the Companies aforesaid, that the seals affixed hereto are the corporate seals of said Companies, and the said corporate seals and his signature were duly affixed and subscribed to saio instrument by the t o +' "' "•o� ' authority and direction of said Companies. SEAL o PF ;� �°; �.;�,8�/ A Notary Public My Commission Expires ,` = +• CERTIFICATE March 24, 2011 I, Kathy R. Richards, Assistant Secretary of the Companies, do hereby certify that the foregoing is a full, true and correct copy of the original power o[a0omey issued by the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of t irectors and ih; sane has "n'otbeen revoked or amended in any manner; that said Gary A. Douglas was on the date of the execution of the foregoing power of avomey the duly elected officer_of the Companies, and the corporate seals and his signature as officerwere duly affixed and subscribed to the said instrument by the autherity,of said board of direct and the foregoing power of attorney is still in full force and effect. ^- l 4 IN WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seals of s this 15th - - day of October 20 10 .. Assistant Secretary This Power of Attorney Expires 08/11/2012 BDJ 1 (08/09) BIDDER: GAMMILL ELEYTRIC, INC. 2.1B LIST OF PROPOSED SUBCONTRACTORS \12 "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 Contractors 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: GAMMILL ELECl'RIC, INC 2.8 LIST OF PROPOSED SUBCONTRACTORS (continued) [ Next 2 Pages if needed for listing additional subcontractors." Name and Location Description of Work of Subcontractor to be Subcontracted Concrete and asphalt demo, Name: ACLU -CUT, INC. new concrete and walled Address: S-AgnT;,WA., —CA containment area. 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: 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 MOW. BIDDER: GAMMILL ELEMRIC, INC SECTION 3 NON - COLLUSION AFFIDAVIT {tc \l i " SECTION 3NON- COLLUSION AFFIDAVI CBF - 10 BIDDER: GAMMILL ELECTRIC, 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 bidderoranyone 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, orconference 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 id. ature JOHN R OLDHAM Typed or Printed Name PRESIDENT Title Subscribed and sw rn of� r This -L-1-- day of L� GAMMILL ELFCMIC, INC. Bidder 20 / 0 (Seal) My Commission Expires: Oq ANN L. OGDEN n COMM. #1903026 v' -1 NOTAgY PUBLIC CALIFORNIA 'I' LOS ANGELES COUNTY a My Comm. Expires Sep. 5, 2014 CBF - 11