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Liberty Climate Control, Inc.BIDDER: LIBERTY CLIMATE CONTROL, INC. 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 •'. � i BIDDER: LIBERTY CLIMATE CONTROL, INC. BID SCHEDULE SCHEDULE OF PRICES FOR ROSEMEAD CITY HALL HVAC REPLACEMENT PROJECT PROJECT No. 31002 BASE BID SCHEDULE TOTAL BASE BID PRICE (SCHEDULE BID PRICE):$ - � E3 P Tt Z-GE `- Dollar 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 bid items above, within the limits define in Section 3 -2.2.1 of the Standard Specifications, to stay within the budgeted amount of this project. If the Bid Documents specify alternate bid items, the following Alternate did 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. The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days Indicated in the Notice Inviting Bids from and afterthe bid opening date, or until a Contractfor the Work is fully executed by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. Attached hereto Is a certified check, a cashier's check or a bid bon in the amount of Dollars {$ said amount being not less than en percent LW of the Total Bid Price. The undersigned agrees that said amount shall be retained by the Owner if, upon award, CBF -1 UNIT OF EST. UNIT ITEM NO. ITEM DESCRIPTION MEASURE QTY. PRICE COST 1 Clearing &Grubbing LS 1 2 pco 2� 0 & C1 2 Disposal of Waste Materials, LS 1 3" Remove and Dispose Existing AC Unit Complete. Install new HVAC Unit as Indicated on the Plans and LS 1 / �I Specifications Complete. TOTAL BASE BID PRICE (SCHEDULE BID PRICE):$ - � E3 P Tt Z-GE `- Dollar 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 bid items above, within the limits define in Section 3 -2.2.1 of the Standard Specifications, to stay within the budgeted amount of this project. If the Bid Documents specify alternate bid items, the following Alternate did 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. 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 afterthe bid opening date, or until a Contractfor 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. Attached hereto Is a certified check, a cashier's check or a bid bon in the amount of Dollars {$ said amount being not less than en percent LW of the Total Bid Price. The undersigned agrees that said amount shall be retained by the Owner if, upon award, CBF -1 BIDDER: LIBERTY CLIMATE CONTROL, INC. 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 deliverto the Ownerwithin 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 applyto 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. /J00r 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. Xnam B Signature DAVID MILLER Type or Print Name VICE PRESIDENT Title BIDDER: LIBERTY CLIMATE CONTROL, INC.: 2447 N. CHICO AVE Business Street Address SO, EL MONTE, CA 91733 City, State and Zip Code X26- 575 -313 Telephone Number Bidder's /Contractor's State of Incorporation: CALIFORNIA Partners or Joint Venturers: Bidder's License Number(s): 3 2 7 6 8 3 NOTES: t) 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, nartnerstda or Joint venture has the authorltv to do so. CBF -3 BIDDER: LIBERTY CLIMATE CONTROL, INC. SECTION 2 BID DATA FORMS CBF -4 BIDDER: LIBERTY CLIMATE CONTROL, INC. 2.121 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 W ork 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 bythe Owner about each subcontractor, otherthan the name and location of each subcontractor. If the Bidder fails to spgcify a subcontractor for any portion of the Work to be performed under the Contract, it shall be deemed to have a 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 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. BIDDER: LIBERTY CLIMATE CONTROL, INC. 2.13 LIST OF PROPOSED SUBCONTRACTORS (continued) rTUP110M Next 2 Panes H needed for if l add Venal subcanlmsmra.'•] Name and Location Description of Work of Subcontractor to be Subcontracted Name: G G' 64"w-A Address:. S.-C vc e 14d' 405 4M e c.o. Name and Location Description of Work of Subcontractor to be Subcontracted L � s A v 9 g c �'Lc� .f c wrc cvoR/� Name: � ® � � Address :: '✓L ? Gaye. o7: 4 ®s A.v�asas, C� Name and Location Description of Work of Subcontractor / to be Subcontracted Name: / eX rgi2 4 11 J e 171 C sv1aCOGf Address: /S7 GE n�'YL ir, , 9/747 Name and Location of Subcontractor Description of Work to be Subcontracted Name: /;FA CC) , iN L ' Address: �Po2A�tay.tii� CA. �fo72j I'AJ5:j i ADanl Name and Location Description of Work of Subcontractor to be Subcontracted qq r Name: Awatj Grail /yrL fJdfLr>�uc �'. c , /Q /✓L u 7 Address: V72-1 �-j u , ; ' 4 : 1� d44,q.,,vr,d CBF -7 BIDDER: CLIMA CONTROL, INC. 2.0 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: DOWNEY THEATRE & LIBRARY - DONNEY CITY HALL t. 11111 BROOKSHIRE AVENUE, DOWNEY, CA 90241 (562) 622 -3468 Name and Address of Owner LOUIS MONROY III - (816) 6 12 -2131 Name and telephone number of person familiar with project $921,090.39 HVAC PER PLANS & SPECS 12/30/2011 Contract amount Type of Work Date Comf ROSEMEAD HE AUDITORIUM - EL MONTE UNION HIGH SCHOOL DISTRICT 2. 3537 JOHNSON AVE, EL MONTE, CA 91931 (626) 444 -9005 Name and Address of Owner LOUIS MONROY III - (818) 612 -2131 Name and telephone number of person familiar with project $1,295,667.00 HVAC PER PLANS & SPECS 07/16/2011 Contract amount Type of Work Date Completed EL MONTE HE AUDITORIUM - EL MONTE UNION HIGH SCHOOL DISTRICT 3537 JOHNSON AVENUE, EL MONTE, CA 91731 (626) 444 -900 Name and Address of Owner LOUIS MONROY III - (818) 612 -2131 Name and telephone number of person familiar with project $1,298,818 HVAC PER PLANS & SPECS 07/18/2011 Contract amount Type of Work Date Completed OCC STUDENT CENTER - COAST COMMUNITY COLLEGE DISTRICT 4 1370 ADAMS AVENUE, COSTA MESA, CA 92626 (714) 438 -4679 Name and Address of Owner LOUIS MONROY III - (81B) 612 -2131 Name and telephone number of person familiar with project $760,000 HVAC PER PLANS & SPECS 12/31/2010 Contract amount Type of Work Date Completed BIDDER:_ L IBERTY CLIMATE CONTROL, INC. I S NON-COLLUSION ' A CBF -9 BIDDER: L IBERTY CLIMATE CONTROL, 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; thatthe bid is genuine and notcoliusive orsham; that the bidder has notdirectiyor 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 anyoneto 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, orto 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 share bid. / \ /l-7 Signature 1� DAVID MILLER Typed or Printed Name VICE PRESIDENT LIBERTY CLIMATE CONTROL, INC. Bidder Subscr' ed and sworn before one This day of 6l7pty�c _, 2p \\ n My Commission _ 0 ` (Seal) CHRISTOPHER ELLIOTT GUNTHER Commission 1 1613361 aa Not Public - California Los Angeles County M; Comm. Ex lms Noy 15.2014 It CBF -10 BIDDER: Liberty Climate Control 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 asmanysheet sas are necessary to adequately provide the information required. Bidder shall ensure that every page of Its Bid Data Forms is properly Identified with the Bidders name and page number. —0.M KNOW ALL MEN BY THESE PRESENTS: THAT Liberty Climate Control, Inc. a6 Principal, and First National Insurance Comnanv of America as Surety, are held firmly bound unto the CITY OF R09EMF-Ao (hereinafter called the OWNER) In the sum of ] 0% Ten per cent of th total atta ched bid amout ($ 10.0% of bid 1 , being not less than ten percent (10 %) of the Total Bid Price; for the payment of which aura 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 ROSEMEAD CITY HALL NVAC REPLACEMENT PROJECT as set forth In the Notice inviting Bids and accompanying Bid Documents, dated October 19, 2011 s NOW, THEREFORE, If sold 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, fumiahes 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 maybe required bythe Contract, then this obligation shall be null and void; otherwise h shalt remain in full force and affect. to 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, inclodiag reasonable attomeys' fees to be fixed by the court. SIGNED AND SEALED, this 17th day of Liberty Climate Control, Inc. (SEAL) Principal By: By. Signature October 20 11 First National Insurance Comnanv of America Attorney -in -Fact i01`9m; CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On u ' 1 ' before me, Irene Luong, Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephanie Hoang Name(s) of Signens) 12CNE LUONG '>8 Commission # 1893838 _`z Notary Public - California z Orange County My Comm. Expires Mar 22, 2074 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(e) whose name(s) is /are subscribed to the within instrument and acknowledged to me that #e /she /thay executed the same in-his /her /their authorized capacity(ies), and that by RNs /her /their signatures) on the instrument the person(&), 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 d ffici eal. Signature Signature of Notary Public 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 Number of Signer(s) Other Than Named Capacity(ies) Claimed by Signers) Signer's Name: Stephanie Hoang ❑ Individual ❑ Corporate Officer Title(s):— ❑ Partner— ❑ Limited ❑ General R Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: El Individual ❑ Corporate Officer—Title(s): ❑ Partner El Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: O 2001 NIM ral Notary Association • 9350 De Solo Avo_ P.O. Faux 2402 • Clla%,,.dh. CA 91313 -2402 • www.NationatNOlaryerg Item 95907 eeordec Call Toll -Free 1- 800 -876 -6827 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 48 19414 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.' FIRST NATIONAL INSURANCE COMPANY OF AMERICA :. '. SEATTLE, WASHINGTON POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That first National Insurance Company of America (the , "Company" ),. a Washington stock insurance company, pursuant to and by authority of the By -law and Authorization hereinafter set forth, does hereby name, constitute and appoint. SHAWN BLUME, ERIC LOWEY, MARK RICHARDSON, STEPHANIE HOANG, ALL OF THE CITY OF COSTA MESA, STATE OF CALIFORNIA ......................................... , each individually if there be more than one named, Its true and lawful attorney in fact to make, execute, seal, acknowledge and deliver, for and on Its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal: sum not exceeding FIFTY MILLION AND 00 /700 *' * "' «' « « « «:«. «« «. «. «. « «. « ««« «+*.«,: «. DOLLARS. ($ 50,000,000.00 * « * * *..., * * * * * * **** j: each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as If they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization. '. ARTICLE IV Officers: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitationsp as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, to 0 execute, seal; acknowledge and deliver as surety any and all undertakings, bonds; recognizances and other surety obligations i Such attorneys m ,: m' C fact,: subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and : c 'a executed, such instruments shall be as binding as if signed by the president and attested by the secretary. o m : By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: Pursuant to Article IV, Section 12 of the By-laws, David M. Carey, Assistant Secretary of First National Insurance Company of America, is authorized n7 o to appoint such attorneys in factas may be necessary to act in behalf of the Corporation to make execute, seal, acknowledge and deliver as surety . 0 any and all undertakings, bonds, recognizances and other surety obligations. Ty 0 That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. E E 01 > O O =15 IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of o $. First National Insurance Company of America has been affixed thereto in Plymouth Meeting, Pennsylvania this 30th day of 'August Q M w d O C'y O 2011 ` d C v 60 a ° ore., FIRST NATIONAL INSURANCE COMPANY OF AMERICA m O 0 E (L C Y32& E By W b = OI y ;. - � David M Carey; AsIfistant Secretary � 0 m G) COMMONWEALTH OF PENNSYLVANIA as O c COUNTY OF MONTGOMERY 1 w.m O ' �. E On this 30th ; day of August: 2011 ; before me, a Notary Public, personally came David M Carev to me known, and d o acknowledged that he is an Assistant Secretary of First National Insurance Company of America; that he knows the seat of said corporation; and that he M N- executed the above Power of Attorney and affixed the corporate seal of First National Insurance Company of America thereto with the authority and at the c)0 :a > direction of said corporation.: w C' E IN. TESTIMONY' WHERE t subscribed my name and affixed my notarial seal at Plymouth Meeting Pennsylvania, on the day and year f3H iNj first cQ HZ0 above wntten - . N.Wal auai tare Yotay o ' o 00 . ,!Ea i ymol iopo ama 0. Y OF iniol N� In,:: xpi zois Tere a Pastella,' Notary Public mb{,ama co ht i on o CERTIFICATE � irmMhcr Pennry: ✓��a Aeeaci�;.en of Nmane: s 1, the undersigned, Vice ` National Insurance Company of America, do hereby certify that the original power of attorney of which the foregoing is a full, true and y, is In full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Officer specially authorized by the chairman or the president to Appoint attorneys -in -fact as provided in Article IV, Section 12 of the By-laws of First National Insurance Company of America. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority: of the following vote: of the board of directors of First National Insurance Company of America at a meeting duly: called and held on the 1801 day of September, 2009. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney: issued by the company in connection with surety bonds, shall be valid and binding upon the company: with the same force and effect as though manually affixed. [ '^ I ? ST MONY WHER= hereunto subscribed my name and affixed the corporate seal of the said company, this I day of Gregory W. Davenport, Vice President