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Stronghold Engineering Inc.CITY OF ROSEMEAD CITY HALL GENERATOR REPLACEMENT PROJECT BIDDER: Stronghold Engineerin Inc. CONTRACT BID FORMS TABLE OF CONTENTS SECTION1 BID SCHEDULE ....................................................................... ..............................1 SECTION2 BID DATA FORMS ................................................................... ..............................5 2.A BID BOND ................................................................................ ..............................6 2.B LIST OF PROPOSED SUBCONTRACTORS .......................... ..............................7 SECTION 3 NON - COLLUSION AFFIDAVIT ............................................... .............................10 BIDDER: Stronghold Engineerin Inc. SECTION 1 - BID SCHEDULE CBF -1 BIDDER: Stronghold Engineerin Inc. BID SCHEDULE SCHEDULE OF PRICES FOR CITY HALL GENERATOR REPLACEMENT PROJECT PROJECT No. P85329 BASE BID SCHEDULE G TOTAL BASE BID PRICE (SCHEDULE BID PRICE):$ y37, N k644 4eJ +wo ki d aid ltf4ce 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written form The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by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 govern. CBF -2 UNIT OF EST. UNIT ITEM NO. ITEM DESCRIPTION MEASURE QTY. PRICE COST 1 Mobilization and Demobilization LS 1 a �(j,�q}.a' A q(1,0�•p' 2 Demolition LS 1 97 ,000, Q6 }•1 97, 3 Sitework LS 1 15,00- 06 l$,601 4 Concrete Slab and Masonry Wall LS 1 0 0. . .� 0 0w 5 Generator Equipment Package LS 1 �y(],Odl• 14G,o�• g Interconnecting Fuel Piping LS 7 Electrical System Modifications LS 8 Control and Instrumentation LS T � -� s,�' Modifications to Existing Structure LS 1 !Y y�(kkl � N 0dU•' 10 9 Total Cost of Other Miscellaneous r Items to Complete Construction of City Hall Generator Replacement G� Project LS 1 G TOTAL BASE BID PRICE (SCHEDULE BID PRICE):$ y37, N k644 4eJ +wo ki d aid ltf4ce 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written form The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by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 govern. CBF -2 BIDDER: stronghold Engineerin 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 cashier's check or a bid bond in the amount of log of base bid 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. I & 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 BIDDER: Stronghold Engineerin Inc. By: ' Signature Beverly Bailey Type or Print Name 2000 Market Street Business Street Address Riverside, CA 92501 City, State and Zip Code President /CEO Title 951 684 -9303 Telephone Number Bidder's /Contractor's State of Incorporation: California Partners or Joint Venturers: Bidder's License Number(s): 787490 A /B /C -10 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 he require to provide evidence that the person signing on behalf of the corporation, oartnershio or ioint venture has the authority to do so. Cfli�! AMENDMENT TO BYLAWS January, 2001 WHEREAS, the Board of Directors by majority vote in a noticed meeting with a quorum present is empowered to amend the bylaws of the Stronghold Engineering Inc. corporation, and; action of a applicable Califomia corporate law. WHEREAS, it is in the best interests of the corporation to take advantage of all business opportunities available to the corporation because of its organization, and; WHEREAS, it is the intent of the corporation to be structured so that Beverly A. Bailey, President and Chairman of the Board of Directors, cannot be outvoted in all corporate matters, NOW THEREFORE BE IT RESOLVED, that the bylaws of the corporation are hereby amended so that the maximum number of authorized directors of Stronghold Engineering, Inc. is two; BE IT FURTHER RESOLVED, that, by this amendment to these bylaws, each holder of common shares of Stronghold Engineering, Inc. shall be granted pre - em rights, as these rights are determined by law, to subscribe for or purchase that holder's proportional part of any common shares that may be issued in the future at any time by this corporation, if any; BE IT FURTHER RESOLVED, that Stronghold Engineering, Inc. authorizes no more than one vote per share of outstanding common stock, in accordance with California Corporations Code. BE IT RESOLVED, that th ese amendments shall remain in effect unless further amended by the Bo rd of Directors pursuant to a noticed/ meeting, and in accordance with A. Bailey, Director, January 2001. AMENDMENT TO BYLAWS Page 1 of 1 AMENDMENT TO BYLAWS February, 2001 WHEREAS, the Board of Directors by majority vote in a noticed meeting with a quorum present is empowered to amend the bylaws of the Stronghold Engineering Inc. corporation, and; WHEREAS, it is in the best interests of the corporation to take advantage of all business opportunities available to the.corporation because of its organizational structure, and; WHEREAS, it is the intent of the corporation to be structured so that Beverly A. Bailey, President and Chairman of the Board of Directors, maintains ultimate control of the corporation, and; WHEREAS, the authorized number of Directors of Stronghold Engineering is two which could result in a tie vote on the Board of Directors, and; WHEREAS, in order to maintain ultimate control of the corporation Beverly A. Bailey's vote as one of two authorized Directors must be given preference in the event of any be vote so that Beverly A. Bailey retains ultimate control of the Board of Directors and the corporation, and cannot be outvoted in any corporate matter in which the Board of Directors is required or permitted to act; NOW THEREFORE BE IT RESOLVED, that the bylaws of the corporation are hereby amended to state that in the event of any tie vote on any matter among the only two authorized members of the Board of Directors, Beverly A. Bailey's vote shall be the controlling vote and shall break any such tie votes; BE IT FURTHER RESOLVED, that these amendments shall rema amended by action of the Board of Directors, pursuant to a noticed with applicable California corporate law. February 2001 AMENDMENT TO BYLAWS Page 1 of 1 in in effect unless further meeting, and in accordance BIDDER: Stronghold Engineerin Inc. SECTION 2 BID DATA FORMS{tc \l1 "SECTION 2 BID DATA CBF -5 xecuted in Triplicate BIDDER: Stronghold Engineering Incor porated 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 {tc \I2 "2.A BID BOND) KNOW ALL MEN BY THESE PRESENTS: THAT Stronghold Engineering Incorporated 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 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 10/20/2010 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 1st day of October , 2010 Stronghold Engineering Incorporated (SEAL) Principal By: �• By: Signature Safeco Insurance Company of America (SEAL) Sur ature Janis The ore, Attorney-I CBF -6 POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: No. 9979 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ...... " " " " " "' GERRIT E. BROUWER; JEFFREY W. CAVIGNAC; JENNIFER L. COX; JAMES P. SCHABARUM, II; JANIS THEODORE' San Diego, California '""•"" " " " " " ". " " " " " "' " " " " " " " " " ""' " " " "' its true and lawful attomey(s) -in -fad, 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 23rd day of June 2010 Dexter R Legg, Secretary Timothy A. Mikolalewski, 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 attomeys -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 an any bond or undertaking of the company, the seal, a 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. '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- attorney appointment, executed pursuant thereto, and (iii) Certifying that said power -of- attorney 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.' 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 Resdubon of the Board of Directors of these corporations, and of a Power of Attomey 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 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of sold corporatton this 1 Gr day of nct , har . 201 Q Dexter R. Legg, Secretary S.M74,13S 109 'NE8 POF CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA Countyof San Diego On 10/01/2010 before me, Kelly Weaver Notary Public Dale Here Insert Name and Title of the Officer personally appeared Janis Theodore Name(s) of Signerts) CO M vN EAVER 1859744 �oraRyPUBU"AUFO RNIA • er;. 3ANDIWCDU nrrY C. UBD AUGIIS17 �' 3 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(* is /ere subscribed to the within instrument and acknowledged to me that +m/she/44W executed the same in+is/herAiaew authorized capacity(iee), and that by+ffs /herPo+eir signature (s) on the instrument the person(, or the entity upon behalf of which the persontej 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. /D _ Witness r Signature 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 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 — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: BIDDER: Stronghold Engineering Inc. 2.8 LIST OF PROPOSED SUBCONTRACTORS \12 "2.6 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, otherthan 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 (greaterthan 0.5 %) of the Total Bid Price or, in the case of bids or offers forthe 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: Stronghold Engineering Inc. 2.6 LIST OF PROPOSED SUBCONTRACTORS (continued) ["Duplicate Next 2 Pages it needed for listing additional subcontractors." I Name and Location Description of Work of Subcontractor to be Subcontracted Above Ground Fuel Tank Installation Name: Tank Specialists of California Address: 560 Birch Street Bldg, 3 Lake Elsinore, CA 92530 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: Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address MHM BIDDER: Stronghold Engineerin Inc. SECTION 3 NON - COLLUSION AFFIDAVIT (tc \11 "SECTION 3NON- COLLUSION AFFIDAVI CBF -10 BIDDER: Stronghold Engineerin 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, 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 bid. Signature Beverly Bailey Typed or Printed Name President /CEO Title Stronghold Engineering, Inc. Bidder Subscribed and sworn before me This 0(o day of Or - 20j_Q_ (Seal) Nota Public in and for KINDRA MICHELLE ALEXANDER the State of California �, COMM. #1842021 NOTARY PUBLIC -CALIFORNIA m RIVERSIDE COUNTY My Commission Expires: a(p /3 My Comm. Expires March 26, 2013 CBF - 11 Oct 05 10 03:17p Q 6265692303 CITY OF ROSEMEAD ROSEMEAD, CALIFORNIA ADDENDUM NO.1 To all prospective bidders under Bid Documents for the CITY HALL GENERATOR REPLACEMENT PROJECT Project No. P85329 You are hereby informed that the Bid Opening scheduled for 11:00 a.m. on Wednesday October 6, 2010 has been changed to October 20, 2010 at 11:00 a.m. The City of Rosemead will receive sealed bids up to 10:30 a.m. on October 2D, 2010 and will follow up with publicly opening the bids at 11:0D a.m. 2. In addition, a mandatory pre -bid meeting will take place on Wednesday October 13, 2010 at 10:00 a.m. at City Hall, 8838 E. Valley Blvd., Rosemead, CA 91770. 3. Bidder shall have a Class "A" or a "B" license in good standing at the time bids are received. p.I The rest of Bid Documents as originally issued shall be used in submitting bids, and an acknowledgement of receipt of this Addendum Number 1 shall be entered on the page CBF — 3 of the Contract Bid Forms. Failure to provide such acknowledgement shall render the bid as non - responsive and subject to rejection. BY ORDER OF THE CITY OF ROSEMEAD Date: October 5, 2010 By / Rafael Fajardo Associate Civil Engineer .— Beverly Bailey, Pre ent /CEO 10/5/10 Date MAYOR'. MARGARET CLARK MAYOR PRO TEM: GARY TAYLOR COUNCIL MEMBERS: SANDRA ARMEN LA POLLY LOW STEVEN LY October 14, 2010 Mr. KalnelKhahih Stronghold Engineering 2000 Market Street Riverside, Ca. 92501 I MM 8838 E. VALLEY BOULEVARD • P.O. BOX 399 ROSEMEAD: CALIFORNIA 91170 TELEPHONE (626) 569 -2100 FAX (626) 307 -9218 Subject: City I lall Generator Replacement Project — Addendum #2 Dear Mr. Khahih: Transmitted herewith is a hard copy of Addendum #2 for the City Hall Generator Replacement project in the City of Rosemead. Please note that as part of your bid package, your receipt acknowledgement of this addendum is mandatory. (See page CBF -3 of Contract Bid Forms). If you have any questions, please do not hesitate to call me at (626) 569 -2117. Sincerely, Silvia Llamas Public Works Administrative Assistant Beverly Bailey, Pre dent /CEO 10/14/10 Date