BUSINESS PROPOSAL FORM 1 PROPOSAL TRANSMITTAL LETTER (To be typed on Proposer s Letterhead) John Dettle Engineering Manager Public Works Department City of Torrance 20500 Madrona Avenue Torrance, CA 90503 Dear Mr. Dettle: (The Proposer ) hereby submits its proposal (the Proposal ) in response to the Request for Proposals for Two Step Sealed Bid Procurement Process for upgrade of the North Torrance Well Field Project issued by the City of Torrance, California (the City ). As a duly authorized representative of the Proposer, I hereby certify, represent and warrant as follows in connection with the Proposal: 1. The Proposer acknowledges receipt of the City s Request for Proposals for Two Step Sealed Bid Procurement Process of the Facility, and the following addenda: No. Date 2. The submittal of the Proposal has been duly authorized by, and in all respects is binding upon, the Proposer. Business Proposal Form 2 is a Certificate of Authorization which evidences my authority to submit the Proposal and bind the Proposer. 3. Business Proposal Form 3 is a proposal bond submitted by as Surety for the Proposer assuring that the Proposer will conduct good faith negotiations with the City based on the RFP and the Proposal. 4. The construction performance bond issued on behalf of assuring that the design and construction of the North Torrance Well Field Project will be performed in
accordance with the terms of the Service Contract, will be provided by, as evidenced by such Surety s letter of intent submitted as Business Proposal Form 4. 5. All firms that will be significant participants in providing services under the Proposal (the Participating Firms ) are identified in Business Proposal Form 5. 6. All information and statements contained in the Proposal are current, correct and complete, and are made with full knowledge that the City will rely on such information and statements in selecting the most advantageous Proposer and executing the Contract. 7. The Proposal has been prepared and is submitted in accordance with the Certificate of Non- Collusion submitted as Business Proposal Form 6. 8. The Proposer releases the City from responsibility for the accuracy of information contained in this RFP by submitting Business Proposal Form 7. 9. The Proposer has proposed the dates on which it shall commence construction and achieve Acceptance on Business Proposal Form 8. The Proposer acknowledges that failure to achieve Acceptance by such date, if not excused due to the occurrence of an Uncontrollable Circumstance, shall subject the Company to the payment of liquidated damages. 10. The Proposer acknowledges, among other things, that the Proposer accepts the terms of the Draft Contract not modified by a written mark-up or track-changes mark-up reflecting the Proposer s exceptions by submitting Business Proposal Form 10. 11. If selected, the Proposer agrees to negotiate in good faith to enter into a Contract which reflects the substantive terms and conditions of the RFP and the Proposal. 12. The Proposer has reviewed all of the engagements and pending engagements of the Proposer, and no potential exists for any conflict of interest or unfair advantage. 13. No person or selling agency has been employed or retained to solicit the award of the Contract under an arrangement for a commission, percentage, brokerage or contingency fee or on any other success fee basis, except bona fide employees of the Proposer. 14. The individuals who will be the Proposer s key technical and business negotiators are set forth below:
Name Title Address Phone 15. The contact person who will serve as the interface between the City and the Proposer is: NAME: TITLE: ADDRESS: PHONE: FAX: E-MAIL: 16. The Proposer has executed and submitted on Business Proposal Form 9 a list of the names and the locations of the place of business of each subcontractor who will perform construction work or labor or render service to the Company in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the Company, specially fabricates and installs a portion of the work or improvement, in an amount in excess of five percent (5%) of the Company s total Fixed Construction Price. 17. The Proposer has carefully examined all documents constituting the RFP and the addenda thereto and has made all necessary personal investigation and, being familiar with the work and the conditions affecting the work contemplated by the RFP and such addenda, offers to furnish all plant, labor, materials, supplies, equipment, facilities and services which are necessary, proper or incidental to carry out such work as required by and in strict accordance with the RFP and the Proposal, all for the price set forth in the Proposal Forms. 18. The Service Contract in the form issued with this RFP is agreed to, except where modifications have been made in the Proposal. 19. The Proposal is submitted pursuant to due authorization by, and is in all respects binding upon, the Proposer. 20. The Proposer is duly organized and validly existing in good standing and is duly qualified to transact business in each and every jurisdiction where such qualification is required to enable the Proposer to perform its obligations under the Service Contract. The Proposer and any and all of its subcontractors have not been suspended or debarred from contracting in
the State of California, under Applicable Laws. The performance of all obligations of the Proposer set forth in the Proposal has been authorized by all required action of the Proposer, including any action required by any charter, by-laws, and/or partnership agreement, as the case may be, and any Applicable Laws which regulate the conduct of the Proposer s affairs. 21. There is no action, suit or proceeding, at law or in equity, before or by any court or similar governmental body against the Proposer wherein an unfavorable decision, ruling or finding would materially adversely affect the performance by the Proposer of its obligations hereunder or the other transactions contemplated hereby, or which, in any way, would materially adversely affect the validity or enforceability of the obligations proposed to be undertaken by the Proposer, or any agreement or instrument entered into by the Proposer in connection with the transaction contemplated hereby. 22. No corporation, partnership, individual or association, officer, director, employee, manager, parent, subsidiary, affiliate or principal shareholder of the Proposer has been adjudicated to be in violation of any state or federal environmental law, or charged with or convicted of bribery, fraud, collusion, or any violation of any state or federal anti-trust or similar statute within the preceding five years, or previously adjudged in contempt of any court order enforcing such laws. 23. I certify that the Proposer, to my best knowledge and belief, has filed all California state tax returns and paid all California state taxes and all Los Angeles County taxes required by law. Name of Proposer Name of Designated Signatory Signature Title
(Notary Public) State of County of On this day of, 20, before me appeared, personally known to me to be the person described in and who executed this and acknowledged that she/he signed the same freely and voluntarily for the uses and purposes therein described. In witness thereof, I have hereunto set my hand and affixed my official seal the day and year last written above. (seal) Notary Public in and for the state of (Name Printed) Residing at My commission expires