Low Mountain Construction IncBIDDER: Low Mountain Construction, Inc.
BID FOR
ROSEMEAD PARK AQUATIC FACILITY
PROJECT NO. P53129
BASE BID SCHEDULE
TOTAL BASE BID PRICE: $4i `172 000. co
Dollar amount in written form
ALTERNATE BID ITEM NO. 1. 2. 3, & 4
NO.
ITEM DESCRIPTION
UNIT OF
MEASURE
EST.
QTY,
UNIT
PRICE
TOTAL
ITEM
COST
1
Shade Structures
SF
20
3Dyoatf'�
20'x 20' Module
2
Solar System
LS
1(jp%
Cap
3
Bleachers
EA
8
G3a�e.
4
Entry Marquee
Sign/Supportsa9�
LS
1
TOTAL ALTERNATE BID ITEMS PRICE: $ Ai )1 a(ga.Oo
,n����9
DoAar amount in written form
Note: The City of Rosemead reserves the right to reduce or increase the quantities of any
items in the schedule of values above, within the limits define in Section 3 -2.2.1 of the
Standard Specifications, to stay within the budgeted amount of this project.
INCORPORATION BY REFERENCE
Notice Inviting Bids, Instructions to Bidders, General Conditions, Technical Specifications,
Geotechnical Study Report (September 3, 2010) and addenda, Asbestos and Lead Paint
Survey Report (August 5, 2010) and addenda, Bidder's Proposal, Plans, Standard
Specifications for Public Works Construction 2009 Edition ( "Greenbook "), Drawings, Project
Manual, Required Bonds and Forms, Permits, Addenda, and all applicable codes and
regulations are hereby incorporated in and made part of this Contract. The provisions of
CBF -1
BIDDER: Low Mountain Construction, Inc.
the Greenbook shall apply to this Project except as maybe modified by other provisions of
the Contract.
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which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting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.
Attached hereto is a certified check, a cashier's check or a bid bond in the amount of
Ten Percent of BiaDollars ($ 10's ) 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.
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.I U.. . ,„ ,..
BIDDER. Low Mountain Construction, Inc.
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.
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14,-
BIDDER: Low Mountain_Constru io , Inc.
By:
gnature
Arthur D. Case ,'. "' "-
Type or Print Name o c,s
Vice President
,1
Title
4105 N. 20th St., Suite 205
Business Street Address
Phoenix, AZ 85016
City, State and Zip Code
602 - 265 -2201
Telephone Number
Bidders /Contractors State of Incorporation: Arizona
Partners or Joint Venturers:
Bidder's License Number(s): B797342
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.
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.IAA . 1111.,,.1 - .. .
BIDDER Low Mountain Construction, Inc.
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 Bidders 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 and description of work to
be subcontracted.
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
one percent of the Contractor's total bid or ten thousand ($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.
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BIDDER: Low Mountain Construction, Inc.
The following are the names, addresses and telephone numbers for at least three public
agencies for which BIDDER has performed similar work within the past four (4) years:
City of Mesa 20 E. Main St., Mesa, AZ 85211
Name and Address of Owner
Darla Armfield 480 - 644 -2251
Name and telephone number of public agency person familiar with project
$8,166,000 Kino Aquatic Center April, 2009
Contract amount Type of Work Date Completed
Z
City of Chandler 215 E. Buffalo St. Chandler, AZ 85255
Name and Address of Owner
Sheri Passey 480 - 782 -2400
Name and telephone number of public agency person familiar with project
$8,789,000 Mesquite Grove Aquatic July, 2008
Contract amount Type of Work Date Completed
3. Town of Gilbert 50 E. Civic Center, Gilbert, AZ 85296
Name and Address of Owner
Rob Giles 480 - 503 -6284
Name and telephone number of public agency person familiar with project
$6,524,000 Williams Field /Perry Pools February, 2008
Contract amount Type of Work Date Completed
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BIDDER. �if�OStd.-- _tA,IOILS'f_Xtt6
2.1) REFERENCES FOR SWIMMING POOL CONTRACTOR (C -53 LICENSE)
(Duplicate page as needed)
All of the work in sections 13151 -13158 (of the Project Manual for City of Rosemead
Project No. P53129 Garvey Aquatic Center) is to be the responsibility of one experienced
swimming pool contractor with a C -53 license, which can be either the bidder or a
subcontractor, primarily engaged in the construction of commercial public -use swimming
pools. A swimming pool contractor shall be considered primarily engaged as required
herein if the swimming pool contractor derived 50% of its annual revenue during the past
five years from public -use swimming pool construction. The swimming pool contractor
must have also, in the last five years, constructed at least three (3) commercially designed
municipal and public -use swimming pools, each of which shall have incorporated a
minimum size of 5,000 square feet of water surface area with a concrete and ceramic tile
perimeter overflow gutter and self - modulating balance tank. The following are the names,
addresses and telephone numbers for at least three completed projects as required:
1 City of Mesa 20 East Main Street Mesa, AZ 85211
Name and Address of Owner
Larry Alexander 480 - 695 -2193
Name and telephone number of public agency person familiar with project
$3,429,263 Mesa Kino Aq. Ctr. May 13, 2009
Contract amount Project Name Date Completed
2.
Town of Gilbert 50 East Civic Center Drive Gilbert, AZ 85296
Name and Address of Owner
Sean Carlin 480- 503 -6250
Name and telephone number of public agency person familiar with project
$1,461,381 Williams Field May 17, 2008
Contract amount Project Name Date Completed
3. City of Yuma One City Plaza Yuma, AZ 85366
Name and Address of Owner
Becky Chavez 928 - 373 -5243
Name and telephone number of public agency person familiar with project
$2,822,459 Valley Aq. Ctr. May 22, 2009
Contract amount Project Name Date Completed
5
SHASTA LIST OF QUALIFYING PROJECTS
DIVISION 13 FOR ROSEMEAD PARKGENERAI_CONDITIONS
SECTION 13150 Page I 1 of 14
A. 'the swimming pool construction work as herein described and specified in
Division 13 of the Project Manual shall be the complete responsibility of a
qualified and specifically licensed (C -53 license classification within the State of
California) Swinuning Pool Subcontractor with extensive experience in
commercial public use swimming pool installations.
B. The Contractor shall require the Swimming Pool Subcontractor to furnish to the
Contractor performance and payment bonds in the amount of 100% of the
Swimming Pool Subcontractor's bid written by a surety Company properly
registered in the State of California and listed by the U.S. Treasury. The expense
of the bond(s) is to be borne by the Subcontractor. The Contractor shall clearly
specify the amount and requirements of the bond(s) in the Contractor's written or
published request for subbids. The Contractors written or published request for
subbids shall also specify that the bond(s) expense is to be borne by the
Subcontractor.
C. Subcontractor certifies that it meets the qualifications and experience
requirements established in Swimming Pool General Conditions. Section 13150,
as follows:
Subcontractor has derived 50% of its annual revenue from public -use
swimming pool construction for each of the last five (5) years.
2. Subcontractor has, in the last five (5) years, constructed at least three (3)
commercially designed municipal and public-use swimming pools, each of
which have incorporated a minimum size of 6,000 square feet of water
surface area with a concrete and ceramic tile perimeter overflow gutter
and self - modulating balance tank.
3. The following list of projects meet the requirements of section (b) above
and the contact as reference by the Contractor, the Awarding Authority of
their agent or designee.
a. Owner: Carson Westwood (City of Mesa)
Scope of Project 2 swimming pools - 12,771 s.f. total
Contact Person: Larry Alexander (owner's rep)
Phone Number: 480- 695 -2193
:Architect for Project Versar (Architect /Pool Consultant)
b. Owner:
Scope of Project:
Contact Person:
Phone Number:
Architect for Project:
Perry High School (Town of Gilbert)
1 swimming pool - 11,367 s.f. surface area
Sean Carlin (owner's rep)
480- 503 -6250
Versar rc ite-ct7Pool -Cosultant)
ROSEMEAD PARK AOUA'I IC PACILI fY
DIVISION 13
SUCTION 13150
C. Owner:
Scope of Project:
Contact Person:
Phone Number:
Architect for Project:
GENERAL CONDITIONS
Page 12 of 14
Williams Field High School (Town of Gilbert)
1 -swimming pool - 11,367 s.f. surface area
Sean Carlin (owner's rep)
480 -503 -6250
Versar (Architect /Pool Consultant)
d. Owner: Mesa Kino Aquatic Complex (City of Mesa)
Scope of Project: 2 swimming pools - 23,904 s.f. surface area
Contact Person: Larry Alexander (owner's rep)
Phone Number: 480 -695 -2193
Architect for Project: Counsilman /Hunsaker (Pool Consultant)
c. Owner: Valley Aquatic Center (City of Yuma)
Scope of Project: 2 swimming pools - 14,435 s.f surface area
Contact Person: Yuma Parks and Rec
Phone Number: 928- 373 -5243
Architect for Project: Counsilman /Hunsaker (Pool Consultant)
D. Swimming Pool Deck Subcontractor other than the swimming pool Subcontractor
certifies that it meets the qualifications and experience requirements established in
Swimming Pool General Conditions, Section 13150, as follows:
Subcontract has, in the last five (5) years, constructed at least three (3)
commercially designed cantilevered pool decks over perimeter gutters,
each of which have incorporated a minimum size of 6,000 square feet of
water surface area of the swimming pool.
'. The following list of projects meet the requirements of section (b) above
and the contact as reference by the Contractor, the Awarding Authority of
their agent or designee.
SWIMMING POOL DECK SUBCONTRACTOR
a. Owner:
Scope of Project:
Contact Person:
Phone Number:
Architect for Project
h. Owner:
Scope of Project:
Contact Person:
ROSEMEAD PARK AQUATIC FACILITY
i
i
MERCHANTS
BONDING COMPANY
October 28, 2010
Low Mountain Construction
4105 N 20'" St. Ste. 205
Phoenix, AZ 85016
RE: Shasta Industries
Bid Date: 11/03/2010
Project: Rosemead Park, 9155 East Mission Drive, Rosemead, CA 91770
Amount $2,000,000
To Whom It May Concern
Please let this letter act as notification should Shasta Industries be awarded the above
project we will be in a position to provide a performance and payment bond based on our
current underwriting file.
This is offered under the assumption the contract terms and conditions, including any
requested bond forms, are acceptable and no significant changes occur in the contractor's
financial condition.
Please understand that any arrangement for the issuance of the final bond is a matter
between the contractor and Merchants Bonding Company. This letter shall not be
construed to be a promise or guarantee to issue performance and payment bonds for this
project. We assume no liability to you, any successor in interest, or assignee, if for any
reason we elect not to issue the requested bond.
Thank you.
Sincerely,
�wt
Jason ettbam
Assistant Vice President
JLD /nla
2100 Fleur Ddve • Oes Moines, 10 50321 -1158
515- 243 -8171 .800- 678.8171 . Fax 515- 243 -3854
wnw.mer[haMSbonding.mm
W..
BIDDER: Low Mountain Construction, Inc.
2.6 LIST OF PROPOSED SUBCONTRACTORS (continued)
[* *Duplicate Next 2 Pages if needed for listing additional subcontractors. * *]
Name and Location
of Subcontractor
Name:
Address ;
Name and Location
of Subcontractor
5
Name and Location
of Subcontractor
Address
Name and Location
of Subcontractor
Name:
Name and Location
of Subcontractor
Description of Work
to be Subcontracted
Masonry
Description of Work
to be Subcontracted
5hadle St.�xer
Description of Work
to be Subcontracted
Poot vl�CIA
Description of Work
to be Subcontracted
Concrei 2
Description of Work
to be Subcontracted
una�j;viG
Name:_`[") IQG+ PlueANO; ck
Address:
2.0 REFERENCES FOR BIDDER (Duplicate page as needed)
c:
BIDDER: Low Mountain Construction,
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, 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, or ni�am Ion, bid
depository, or to any member or agent thereof to effectuate a �ollu ve or bid.
re
Arthur D. Case
Typed or Printed Name
vice President
Title
Low Mountain Construction, Inc.
Bidder
Subscribed and sworn before me
This 3rdday of November
A_Meemc /lit ' ",
Notary Public in and for
the State of California
My Commission Expires: 312g1%912--
20 10
(Seal)
OFFICIAL SEAL
ANDREA M. PECHA
NOTARY PUBLIC - State of Arizona
MARICOPA COUNTY
18MY Comm. Expires March 29, 2012
BIPDER:
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:
Low Mountain Construction, Inc.
THAT
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
�,2fi¢N1�12 dtiwuNT
DOLLARS
( ), being not less than ten percent (10 %) of the
Total Base Hi Pri e; for the payment of which sum will and truly to be made,
we bind ourselves, our heirs, executors, administrators, successors, and
assign ., jointly and severally, firmly by these presents.
WHEREAS, said Principal has submitted a bid to the OWNER to perform all
Work required for the Rosemead Park Aquatic Facility as set forth in the
notice Inviting Bids and accompanying Bid Documents, dated 1/- 3 -/ V
NOIN. 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
inatenals) 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' tees to be fixed by the
Court.
SIGNED AND SEALED, this 1st November 10 day of _ ,20__
Low Mountain Construction, Inc. AL) Westrn S y pany roEAt )
�. �l J
Pri U Sur
Sionature ig atia
•v l7 Davi ilstead, Attorney in Fact' ,
J
CBF - ti
- Western Surety Company
Bond #: N/A
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
David J Wilstead, Kathy L Rolland, Taylor J Wilstead, Individually
of Mesa, AZ, 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 14th day of April, 2010.
WESTERN SURETY COMPANY
+ypEr}�n
3i`SCAV oY
w oratd Paul . Brufiat, Senior Vice President
State of South Dakota 1
County of Minnehaha
3 ss
On this 14th day of April, 2010, before me personally came Paul T. BruRat, to me known, who, being by me duly swom, 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 " " ""
O H KRELL
DAKOTA November 30, 2012 ;�MOTARV PUBLIC:
i E` L SOUTH DAKOTA SEAL i
♦rrrrrrrrrrrrrrrrrrrrwrr♦
D. Krell, No ary Public
CERTIFICATE
I, 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 I have hereunto subscribed
November 2010
my time and affixed the seal of the said corporation this day of
Er" WESTERN SURETY COMPANY
L. Nelson, Assistant Secretary
Form F4280 -09 -06