HomeMy WebLinkAboutAwrd - C29400A - PD Aquatic Center CITY OF PALM DESERT/PALM DESERT REDEVELOPMENT AGENCY
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: AWARD CONTRACT NO. C29400A FOR THE PALM DESERT
AQUATIC CENTER TO ASR CONSTRUCTORS, INC., OF
RIVERSIDE, CALIFORNIA, IN THE AMOUNT OF $7,769,000
(PROJECT 722-10)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
DATE: September 9, 2010
CONTENTS: Agreement
Performance Bond
Payment Bond
Contractor's Proposal
Letter of Protest
Recommendation
By Minute Motion:
1. Award Contract No. C29400A to ASR CONSTRUCTORS, INC., for the
Palm Desert Aquatic Center for the base bid amount of$7,663,000;
2. Select Alternates 2 through 5 in the additional amount of $106,000 for
a total contract amount of $7,769,000;
3. Authorize the Director of Finance to set aside a 10 percent contingency
in the amount of $776,900;
4. Reject the protest raised by Pacific Custom Pools, Inc.; and
5. Authorize the Mayor to execute the Contract Agreement.
Funds for this contract are in Account No. 233-4549-454-4001, Park and Recreation
Facilities Fund; and Account No. 851-4549-454-4001, Project Area 2 Aquatic Facility
Capital Budget. No General Fund money is being used for this expenditure.
Backqround
On July 30, 2010, a Notice Inviting Bid for the Palm Desert Aquatic Center project was
published. At the August 31, 2010, bid opening, nine contractors submitted bids. The
low-bid determination was specified to be based on the lowest total base bid amount
excluding alternatives. The verified results are as follows:
Staff Report
Award Contract C29400A to ASR CONSTRUCTORS, Inc. (Project 722-10)
September 9, 2010
Page 2 of 3
ASR CONSTRUCTORS, Inc. Riverside, CA $7,663,000
The PENTA Building Group, LP. Palm Desert, CA $7,846,421
Pacific Custom Pools, Inc. Pasadena, CA $8,758,000
Morillo Construction, Inc. Pasadena, CA $8,808,700
RDP/SCI, Inc. Indio, CA $8,918,500
Doug Wall Construction, Inc. Bermuda Dunes, CA $9,089,822
FTR International, Inc. Irvine, CA $9,195,000
R.C. Construction Services, Inc. Rialto, CA $9,268,143
Roel Construction Co., Inc. San Diego, CA $9,474,116
There are five alternate bid items for this project. Alternate No. 1 is for the construction
of prefabricated stainless steel swimming pools (also known as Myrtha pools) in lieu of
tradition construction. Alternate No. 2 is for the cost to install the kitchen equipment.
Alternative No. 3 is for the addition of a water cooling system for the Recreational Pool.
Alternate No. 4 is for the change from a built-up roof system to a standing seam metal
roof. Alternate No. 5 is for the addition of a viewing well to house a camera for
underwater viewing.
It should be noted that Alternate No. 1 has been included to give a comparison between
a Myrtha pool and traditional pool construction. However, this alternative is not
recommended by the staff for the following reasons. First, it would require a partial
redesign by the pool consultant to provide detailed construction drawings. Secondly,
the partial redesign will require re-approval by the Riverside County Health Department
as currently only the traditional pool construction plans have been approved.
Consequently, the construction schedule will be severely impacted should the Myrtha
pool alternative be chosen. Staff does not believe that the Myrtha pool provides enough
benefit to offset the additional costs which exceed $1,000,000.
ASR CONSTRUCTORS, Inc. acknowledged all of the addenda issued and had the
lowest responsive total base bid as well as the lowest total of alternate bid items,
excluding Alternate No. 1, in the amount of $106,000 (see the table below).
Item Description Cost Recommendation
additional
Alternate #1 Stainless Steel Pool $1,260,000 No
Alternate #2 Kitchen Equipment $ 42,000 Yes
Alternate #3 Water Coolin S stem $ 22,000 Yes
Alternate #4 Standin Seam Metal Roof $ 20,000 Yes
Alternate #5 Viewin well for camera $ 22,000 Yes
Total of the Recommended Items $ 106,000
Staff Report
Award Contract C29400A to ASR CONSTRUCTORS, Inc. (Project 722-10)
September 9, 2010
Page 3 of 3
On September 1, 2010, the third lowest bidder, Pacific Custom Pools, Inc., submitted a
Letter of Protest alleging that the first two lowest bidders failed to comply with the
requirement that at least 50 percent of the contract work be performed by the General
Contractor. Staff evaluated the protest and found it invalid. ASR CONSTRUCTORS,
Inc., provided a work breakdown by percentage for each contract bid item
demonstrating that they are performing 53 percent of the work. Pacific Custom Pools,
Inc., provided no such breakdown in their proposal.
Therefore, staff recommends that City Council, by Minute Motion, award Contract No.
C29400A to ASR CONSTRUCTORS, Inc., for the Palm Desert Aquatic Center,
including Alternates 2 through 5, in the amount of $7,769,000, authorize the Director of
Finance to set aside a 10 percent contingency in the amount of $776,900, reject the
protest raised by Pacific Custom Pools, Inc., and authorize the Mayor to execute the
Contract Agreement.
Fiscal Analysis
Fiscal impact of the project will be the construction cost plus the on-going maintenance
and operation cost associated with the Aquatic Center Facility.
Prepared By: Depa t ead:
A
`� ,�
Bo Ch , P.E., City Engineer Mark Gr n ood, P. .
Director of Public Works
Paul S. Gibson, Director of Finance Justin McCarthy, ACM/Redevelopment
Approva I: CITY COtJNCII.At,"�TON
�� APPROVED � DENiFD
RECEIYED OTHER
Jo M. Wohlmuth MEET - - �
C' y anager/Executive Director pyEs= ` � �'� /� "
NOES:
�f ABSENTt
� � �, BY FtDA � I �� ABSTAIN: "
�j_(�_ rl G�G VERIFIED BYs
���=- � « Original on File with City� rk's Oftice
1/�RIFi�� �Y . � ��
b�igi�al on fil�w�th City rk's �ffice
AGREEMENT
THIS AGREEMENT is made and entered into this 9t" day of September, 2010, by
and between City of Palm Desert, California, hereafter called "CITY"
and ASR GONSTRUCTORS, Inc. hereinafter called "CONTRACTOR".
WITNESSETH
RECITALS:
CONTRACTOR has submitted to CITY its Contractor's Proposal for the construction of
CITY Project,
1. AQUATIC CENTER AT CIVIC CENTER PARK, PROJECT 722-10, CONTRACT
NO. C29400A, in strict accordance with the Contract Documents identified below,
CITY has accepted said Proposal.
2. CONTRACTOR states that it has re-examined its CONTRACTOR'S Proposal
and found it to be correct, has ascertained that its Subcontractors are properly
licensed and possess the requisite skill and forces, has examined the site and
Contract in accordance with the Contract Documents for the money set forth in
its Proposal to be paid as provided in the Contract Documents.
AGREEMENT:
IT IS AGREED BY THE PARTIES AS FOLLOWS:
1. Contract Documents: The entire contract consists of the following: (a) The
Agreement; (b) The Notice Inviting Bids; (c) The Instruction to Bidders; (d) The
Contractor's Proposal; (e) The Bidder's Bond; (f) The Performance Bond; (g)
The Payment Bond; (h) The General Specifications; (i) The Special Provisions;
(j) The Standard Specifications as modified in other portions of the Contract
Documents; (k) The Plans; (I) Addenda Nos. 1 to 5; (m) The Determination of
Prevailing Wage Rates for Public Work; (n) Any Change Orders issued; (o) Any
additional or supplemental specifications, notices, instructions and drawings
issued in accordance with the provisions of the Contract Documents. All of said
Documents presently in existence are by this reference incorporated herein as if
here set forth in full and upon the proper issuance of their documents they shall
likewise be deemed incorporated.
2. Contractor shall commence the work within ten calendar days after the date of
the Notice to Proceed and will do all things necessary to construct the work
generally described in Recital No. 1 in accordance with the Contract Documents
and will complete said work by May 6, 2011, from the Notice to Proceed date to
the satisfaction of the Engineer.
3. Contractor shall receive $1,000.00 per day up to maximum of $15,000.00 for
completing the project ahead of the agreed upon completion date with the CITY.
4. Contractor agrees to indemnify, defend and save CITY and its officers, agents
and employees, and the Engineer harmless from:
a. Any and all liability, claims, damages, losses or injuries to any person or
other entity, including injury to Contractor's employees, and all claims
which arise from or are cannected with the negligent perFormance of or
failure to perform the work or other obligations of this Agreement, or which
are caused or which are claimed to be caused by the negligent or
intentional acts or omissions of Contractor, its subcontractors, its agents
or employees, and, all expenses of investigating and defending against
same,
b. Any and all liability, claims, damages, losses or injuries to any and all
contractors, subcontractors, material-men, laborers, or any other person,
firm or corporation furnishing or supplying work, services, materials or
supplies in connectian with the performance of the Agreement.
c. Attention is directed to the General Specifications - Claims, Liability, and
Indemnity Agreement/Hold Harmless sections, which specifications are
made part of this Agreement as set forth in Agreement paragraph 1,
above.
d. Attention is directed to Section 6-9, "Liquidated Damages" of the Standard
Specifications and is hereby amended to substitute the "City of Palm
Desert" in place of "Agency." Liquidated damages shall be $5,000.00
dollars per calendar day of delay.
5. Should any litigation or arbitration be commenced between the parties
concerning the works of improvements as referenced herein, the prevailing party
in any such litigation, being the CITY or the Contractor, should be entitled to a
reasonable sum for attorney's fees incurred in any such litigation relating to this
Contract.
6. This Agreement shall be binding upon all parties hereto and their respective
heirs, executors, administrators, successors, and assigns.
7. Contractor shall be paid in the manner set forth in the Contract Documents the
amount of its Proposal as accepted by CITY, subject to such additions and
deductions as may be made pursuant to the Contact Documents and applicable
law.
Satisfactory PerFormance: The prime Contractor agrees to pay each
Subcontractor under this prime contract for satisfactory performance of its
contract no later than 10 days from the receipt of each payment the prime
Contractor receives from City of Palm Desert. Any delay or postponement of
payment from the above referenced time frame may occur oniy for good cause
following written approval of the City of Palm Desert.
Release of Retention: The prime Contractor agrees further to release retention
payments to each Subcontractor within 30 days after the Subcontractor's work is
satisfactorily completed. Any delay or postponement of payment from the above
referenced time frame may occur only for good cause following written approval
of the City of Palm Desert.
8. Execution of the Agreement by the parties constitutes their agreement ta abide
by all applicable provisions of the California Labor Code; constitutes contractor's
certification that he is aware of the provisions of said Code and will comply with
them; and further constitutes Contractor's certification as follows:
"I am aware of the provisions of Section 3700 of the California Labor Code which
requires every employer to be insured against liability for worker's compensation
or to undertake self insurance in accordance with the provisions of that Code,
and I will comply with such provisions before commencing the performance of the
work of this contract."
IN WITNESS WHEREOF the parties hereto have executed or caused to be executed by
their duly authorized officials, this Agreement which shall be deemed an original on the
date first above written.
jRemainder of fhis page has intentionally been left blank.
Signature blocks are contained on the next page]
CHRISP COMPANY:
BY: ATTEST BY:
Signature to be notarized
TITLE: TITLE:
CITY:
BY: ATTEST BY:
Signature to be notarized
TITLE: Mavor of Palm Desert, CA TITLE: City Clerk of Paim Desert, CA
APPROVED AS TO CONTENT: APPR4VED AS TO FORM:
MARK GREENWOOD, P.E. DAVID J. ERWIN
DIRECTOR OF PUBLIC WORKS CITY ATTORNEY
State of California )
)
County of )
On before me,
personally appeared
, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their 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.
WITNESS my hand and official seal.
Signature (Seal)
DOCUMENT 00 61 40
CITY OF PALM DESERT
H-Performance Bond
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded
to ASR Constructors, Inc. hereinafter designated as the "Principal", a contract for:
PALM DESERT AQUATIC CENTER
PROJECT NO. 722-10
CONTRACT NO. C29400A
WHEREAS, said Principal is required under the terms of said contract to furnish a good
and sufficient bond for the performance of said contract:
NOW THEREFORE, WE, ASR Constructors, Incorporated the Principal, and
as Surety, are
held and firmly bound unto the City of Palm Desert hereinafter called the City, in the penal sum
of Seven Million, Seven Hundred, Sixtv-nine Thousand and no/100 Dollars ($7,769,000.00), be-
ing 100% of the contract amount in lawful money of the United States of America for the pay-
ment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors,
administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounded Principal,
his executors, heirs, administrators, and successors, or assigns, shall in all things stand to and
abide by, and well and truly keep and perform the covenants and agreements in the said con-
tract and any alterations thereof made as therein provided, on his or their part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their
true intent and meaning, and shall indemnify and save harmless the City, its officers and agents,
as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and
remain in full force and virtue.
And the said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration or addition to terms of the contract or to the work to be performed
thereunder or the specifications accompanying the same shall in any wise affect its obligations
on this bond, and it does hereby waive notice of any such change, extension of time, alterations
or additions to the terms of the contract or to the work or the specifications.
Should it become necessary for the City to institute a lawsuit or any other legal proceed-
ing to enforce the terms and conditions of this bond, then all costs of said proceeding, including
attorneys' fees, shall be awarded to the prevailing party.
City of Palm Desert—Civic Center Park 00 61 40- 1 Performance Bond
Gould Evans 0509-0060
IN WITNESS WHEREOF, identical counterparts of this instrument, each of which shall
for all purposes be deemed an original thereof, have been duly executed by the Principal and
Surety above named, on this day of , 20 .
SURETY PRINCIPAL
BY: BY:
INSURANCE COMPANY and/or AGENT _
ADDRESS
TELEPHONE NUMBER
State of California )
)
County of )
On before me, ,
personally appeared , who proved
to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their 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 fore-
going paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
City of Palm Desert—Civic Center Park 00 61 40- 2 Performance Bond
Gould Evans 0509-0060
DOCUMENT 00 61 50
CITY OF PALM DESERT
I-Payment Bond
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as "Obligee")
has awarded to ASR Constructors. Inc. (hereinafter designated as the "CONTRACTOR"),
an agreement dated September 9, 2010 described as follows: PALM DESERT AQUATIC
CENTER, PROJECT NO. 722-10, CONTRACT NO. C29400A, (hereinafter referred to as
the "Contract"); and
WHEREAS, said CONTRACTOR is required to furnish a bond in connection with said Con-
tract, and pursuant to Section 3247 of the California Civil Code;
NOW, THEREFORE, we, ASR Constructors, Inc., the undersigned CONTRACTOR, as
Principal, and a corporation organized and exist-
ing under the laws of the State of , and duly authorized to
transact business under the laws of the State of California, as Surety, are held and firmly
bound unto the City of Palm Desert and to any and all persons, companies or corporations
entitled to file stop notices under Section 3181 of the California Civil Code, in the sum of
Seven Million, Seven Hundred Sixtv-nine Thousand and no/100 Dollars ($ 7,769,000.00),
said sum being not less than one hundred percent (100%) of the total amount payable by
the said Obligee under the terms of the said Contract, for which payment well and truly to
be made, we bind ourselves, our heirs, executors and administrators, successors and as-
signs, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said CONTRACTOR, his or its
heirs, executors, administrators, successors or assigns, or Subcontractors, shall fail to pay
for any materials, provisions or other supplies, implements, machinery or power used in,
upon, for or about the performance of the Public Work contracted to be done, or to pay any
person for any work or labor of any kind, or for bestowing skills or other necessary services
thereon, or for amounts due under the Unemployment Insurance Code with respect to such
work or labor, or for any amounts required to be deducted, withheld, and paid over to the
Employment Development Department from the wages of employees of said
CONTRACTOR and his or its Subcontractors pursuant to Section 13020 of the Unemploy-
ment Insurance Code with respect to such work and labor as required by the provisions of
Section 3247 through 3252 of the Civil Code, or for any amounts required to be deducted,
withheld, and paid over to the Franchise Tax Board or Internal Revenue Service from the
wages of employees of the CONTRACTOR or his or its Subcontractors, the Surety or Sure-
ties hereon will pay for the same in an amount not exceeding the sum specified in this bond,
otherwise the above obligation shall be void. In addition to the provisions herein above, it is
agreed that this bond will inure to the benefit of any and all persons, companies and corpo-
rations entitled to serve stop notices under Section 3181 of the Civil Code, so as to give a
right of action to them or their assigns in any suit brought upon this bond.
City of Palm Desert—Civic Center Park 00 61 50- 1 Payment Bond
Gould Evans 0509-0060
The Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the said Contract or to the work to be performed
thereunder or the Specifications accompanying the same shall in any way affect its obliga-
tions on this bond, and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the Contract or to the Specifications.
No final settlement between the Obligee and the CONTRACTOR hereunder shall abridge
the right of any beneficiary hereunder, whose claim may be unsatisfied.
CONTRACTOR and Surety agree that if the Obligee is required to engage the services of
an attorney in connection with the enforcement of the bond, each shall pay Obligee's rea-
sonable attorney's fees incurred, with or without suit, in addition to the above sum.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of_
, 20
PRINCIPAL/CONTRACTOR: SURETY:
ASR Constructors, Inc. (Typed Name of Surety)
By: By:
(Signature) (Signature of Attorney-in-Fact)
(Typed Name and Title) (Typed Name of Attorney-in-Fact)
The rate of premium on this bond is $ per thousand.
The total amount of premium charged: $
(the above must be filled in by corporate surety).
IMPORTANT: Surety companies executing bonds must possess a certificate of authority
from the California lnsurance Commissioner authorizing them to write surety insurance de-
fined in Section 105 of the California lnsurance Code, and if the work or project is financed,
in whole or in part, with federal, grant or loan funds, it must also appear on the Treasury
Department's most current list (Circular 570 as amended). THIS IS A REQUIRED FORM.
Any claims under this bond may be addressed to:
(Name, Address and Telephone No. of Surety)
(Name, Address and Telephone No. of agent or representative for service of process in Cal-
ifornia if different from above)
City of Palm Desert—Civic Center Park 00 61 50-2 Payment Bond
Gould Evans 0509-0060
Acknowledgment
State of California )
)
County of )
On before me, ,
personally appeared , who proved
to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are sub-
scribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their 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.
WITNESS my hand and official seal.
Signature (Seal)
City of Palm Desert—Civic Center Park 00 61 50- 3 Payment Bond
Gould Evans 0509-0060
D(�CUMENT 00 41 00
CITY 4F PALM DESERT
C- Contractor's Praposal Addendutn No. 2
PALM DESERT AQUATIC CENTER
CONTRACT NO. C29400A
PROJECT NO.722-10
T�= CITY OF PALM QESERT, "CITY"
DATE: ~ � �j - U O
BIDDER: 1�Si<- �r`)(�?�"��}�U U C�l� I C. „C�NTRACT�R„
The UNDERSIGNED, "CONTRACT�R", having carefully examined the s`tte and the Contract Documents
for the construction of the Paim �lesert Aquatic Centef, Praject number 722-90, Contract No.C28400A
hereby proposes to cons#ruct the work in accordance with the Contract Documents, including Addenda
for the amount stated in this Proposal.
By submitfing this Proposal, CQNTRACTOR agrees with ClTY:
1. That unless witt�drawn in person by C�NTRACTOR ar same person authorized in writing by
CONTRACTOR—not by telephone or felegram —before the time specified in the Notice fnviting Bids
for the public opening of bids, this Proposal constitutes an irrevocable offer for 6Q calendar days after
that dafe.
2. The C{TY has the right to reject any or a►I Proposals and to waive any irregularities or informalities
contained in a Proposa(.
3. That the contract shall be awarded oniy by the governing body of CITY. Said contract shaii only be
deemed awarded af�er the CONTRACTOR'S complete submission of all contract documents, bonds,
insurance documentation, and the CITY shal! obtain a(1 necessary signatures of the governing body,
at which time the contract shall be deemed awarded.
4. To submit to C1TY such information as CIIY may require to determine the Bidder's financia! sfanding
experience and fo perform the work. �
5. That the accompanying certified or cashier's check or Bid Band constitutes a guaranfee that +f
awarded the contract, CONTRACTOR will execute the Agreement and deliver the required bonds and
certificates of insurance within 10 days after notice of award. If CO(VTRACTOR fails to execute and
deliver said documents, the check or bond is to be charged with the costs of the resultant damages#o
CI7Y, inciuding but not limited to publicafion costs, the difference in money between the amount bid
and the amount in excess ofi the bid which costs CITY fo do or cause to be done the work involved,
lease and rental costs, additional salaries and overhead, increased interest and costs of funding the
projecf, attorney expense, additional engineering and archifectural expense and cost of maintaining
or construction alternate facilities occasioned by fhe failure to execute and deliver said documents.
It is understood that the quantities shown hereon, except for those quantities marked "Lump Sum", are
estimates and the final payment will be based upon the actual work performed, subject to such adjust-
ment and alterations as elsewhere provided herein.
f��il.�:�.,��:.•�,, i, "1, � �/,�-�" � c��,���>�� � r<:�� c.:�_
�'7,7�
City of Palm Desert—Civic Center Park 00 41 OQ-1
Gould Evans 0509-0Ofi0 Contrac#or's Proposal
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r:ITENi NiO, `�'''._ :;ITEM.:DESCRIPTIOI>f _; _' ,"`".-°.,. .,..; -._.s. '.": UNITS Q�UANTITY. �UNLT GOST ,:T,QTAL _ .: '
Division 0 Public Works Genera{ LS '1 $ �.����,��? $ � �
001 S ecifications � ' ���'-°G'�.`
002 Division 1 General Requiremenfs LS 1 $ yv 3,G��<7r"� $ ��,��oc�_` -
r
003 Division 2 Existing Conditions LS 1 $ �c��cx>"-�- $ , 47�X.j ��� '
•� di�;� .-
004 Division 3 Concrete LS 1 $ �lcr.�,Gr.Aa -- $ ��,�.,���-�,, �'-'
005 Division 4 Masonry � LS 1 $ ���,�o�",`' $�1���,�;��, �='`
006 Division 5 Metals LS 1 $ ;���G;c�G; _ $ ����,c,cn_ `'-
007 Division 6 Wood, Plastics and Composites LS 1 $�y,s-t�t� `^� $�y;S�c�K,;,`'
008 Division 7 Thermaf and Moisture Protection LS 1 $ �tj�;;��c'7�;�'-` $ ��>�-, ��>„``--
009 Divisian 8 Openings LS 1 $ j��.z'c�`, - $ �l`pf c,�,,� `'=--
010 Division 9 Finishes LS 1 $ �'r/�;cQC: w- $jy���,��+, �-'-`
��� Division 10 Special#ies LS 1 $ ��c�.` ��'
� � �'S��",, a-
012 Division 11 Equipment LS 1 $ �->�;ccz�,�' �'
Y � {%G,Pa>
013 Division 12 Furnishings LS 1 $ `���,�` -- $
� �.,'�.C�C�' _..
014 Division 13 Special Construction LS 'i $�G�{;�s,c�c�.` $,�;.,,cac,�,c�;`''-�
022 Division 21 Fire Protection LS 1 $ �s-�,�d,"' $ sl,�~c�cG., �' -
023 Division 22 P(umbing LS 1 $ yy;�'�c7y�,,�`' $ yiri,S� ccCr`'s'
024 Division 23 Mechanica) LS 1 $ /c��,��cz:, «`= $ J4G����,4.< <`
027 Division 26 Electrica! LS 1 $ �4Y, oc'x�,�r' $ , , ; , _` `'
, u�C�.G�c��.
028 Division 27 Comrr�unications LS 1 $ S;�>��^,````_- $ ��`�c>c, r� .
� 029 Division 28 . Elecfronic Safeiy and Security LS 1 $ ,S;�ackc, `'.- $ ��y�z�,�'`
032 Division 31 Earthwork LS 1 $ �y'�a�c�cr�,`=- $ ��,t,�,�,c�, 4:_ '
033 Division 32 Exterior Improvements LS 1 $ „���,�c7, `- $ ��,c,,`Qn, {"�
034 Division 33 Utilities LS � $ f/o�,e�ov.� $ �/���,�.�„��
TOTAL .
� . ? i a�C� � t9�
PRICE i, 66.3.�cx', _ ,�(�G �, G-�`�?-_._
ALTERNATES
,�_
Alternafe#1 -Construction of pools as prefa- L5 1 $/���c f�v� $ � � '��'"`'�.;"-
bricated stainless steel swimming pools in lieu , ° � �'
ALT 1 of traditional construction. ��� � ��.>- ' t,F%-
Alternate#2-Kitchen Equipment. Cost#o pro- LS 1 $ �,� $ c c�
ALT 2 vide&insfall all kitchen e ui ment. �� ��,c�D, ' �.� �C�`, �—`
Alternate#3-Pool Cooling for recreational LS 1 $ .,
ALT 3 ooL �:� ��,�.�c,`,�%,.`'4 $ �.,��:.�.%s �, C�
. Alternate#4-Cost to change from a built-up� LS 1 $ , ..��' $ ,
ALT 4 r'oof s stem to a Standin Seam metal roof. .�'�.,��=� �t;'d��R� ! ,,1�', �`�=��
City of Palm Desert-Civic Center Park QO 41 00-2 Contractor's Proposal
Goutd Evans 05Q9-0060
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.yy"�'�s��',,���''�'��Frzs.�.�y 7"����f��r' •rq'r�3.'�.s '�a`F �r � a ,..� Y _`�. �'b'.�r.�: . ..a % . : z . .. � ..
��'tY s a:a'� �W Ft2} s`q c�. �3�'�3w��' � r i a,.��t ,F s-� .5.(- ��.rl'i. �.t k+P-x s�.y-- �..::. � _u,. �I+ z t �s :.-,
3 .: tY >�.��t��i'�t.�rt,'� `�,'}e s r.t �3��s,�t"'-.t..},�,�v'��-sL�.,.t.+��ir y`.yx�,��-��.� ��#6� '��`'�..i �,�'.�._ <:'�.;. . 5 t w r,,� r � ��f .��,i �.A�'I�
ITEIVI,N.O ,,.��:�ITEM;i3ESCRfPT�C7j�7x��,,,_; ��.�> ,.. _;,�, ,�,_.�UNIT�S :QUANTITY �.CJN1T COST. _,:T�TAL ���
Alternate#5—Cost to include a viewing well to LS 1 $ � �
house a camera for viewing underwater di- �,�, �,,<,
ALT 5 vin /swimmin in the com etition ool. /'..1„�� �.�G'G�?. " �.� c�cx'. -��
TOTAL �
ALTERNATE �"� � ��"
PRtCE ��,3�.,c�cx's --. /�,3C:�;�,c7�„ � ._
ihe costs of any work shown or required in the Plans and Specificafions, but not specifically idenfified as
a Pay Item are included in the related Pay Item(s), and no additional compensation shall be due
CO�fTRACTOR by virtue of CONTRACTOR'S compliance with the Plans and Specifica�ions.
� ��
�� TOTAL AMOUNT BASE B�tD IN FIG�URES $ ��i C ��-�, �'�`��'� �
TOTAL AMOUNT BASE BID IN WORDS
°i��v `�, /,dJic'cic%,r.� .S�..C'.4c,.c�;"?c�;� ,S/X ,t.,t�.�'�. 'I
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IN W{TNESS WHEREOF CONTRACTOR ex fhi roposal as af dat �s Q.rth on P �,C-1:
BY� ,� `` �:x�_ :� ., ,��
Signat, e . /
Title: f � ,i'� I '� ,n L C �t I
CONTRACT R
Stafe of Califot ' )
County of
Subscribed and sworn fo (or ' ed) before me on this day of (month),
(year), by proved to me on the basis of satisfactory evidence to be the
person{s}v✓ho appeared before me.
Signature of Notary (Seal of Notary)
��eF; 1� ���1-�-'� 1'r�Ti�-�-�M�I� � -
City of Palm Desert—Civic Center Park p0 41 DO-3 Contractor's Proposal
Gould �vans 0509-0060
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�`` INSTRUCTIONS FOR COMI'LETING THIS FORM i
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i�i be in tl�e form ns sef forth ivithin�hrs J:n•nt.There are no exceptio�rs.I,/n Jurnt �
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;' � Number of Pages Document Date i
which must also be the same date the jurat process is completed. �,
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jurat is not misused or attached to a different document. '�;
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DOCUMENT 00 42 OQ
CITY OF PALM DESERT
D-Information Required of Bidder
The bidder is required to supply the following informafion. Additionai sheets may be aftached if necessary.
(1) Address _h2�G �r'J I L- ��.i �I ��--�
(2} Telephone No. �� � .� �� . �Q��j�
(3) Type of Firm{Individual, Partnership or Corparation) �J�Y�(J� �t"I Q j'�j
(4} Corporation orga ized under the laws of the State of �(��(����(�i(
� t � r �
(5) Contrac r'� L' . �X �'J ,w C� � Exp. Dafe _ ' � �j.� �;�Q � i
Contractor her rs er penalfy of erj ry that t is information provided is true and correct.
.-�` ---,
By� Si na ` r ,'� Title:�(��S l��'11 � ��(iY��/(V�
g ur �-�C1 r1 � ? �'i-1--j G'i}�f U�"��j�r t' Contractor
{6) List the ames and addr�sses of aif owners of the fir r names and fities of ail o�cers of the corpara-
tion:
� �—�C �� � � �;P ,y �' �
,
G �Sc'' j f _�' � '' ,�
. '� ��cM��l�i1�1 �
(7) Number of years'ex erience as a Contractor in canstruction work I p ��qy�c;
(8) List at least three similar projects completed recentiy:
Contract Amount Class of Work Date Cornplefed Name,Address&
Tele hone No.of Owner
1�.
';�"S�'_E. � � �
ti�
2.
3.
City of Palm Desert—Civic Center Park 00 42 00- 1 Information Required of Bidder
Gould Evans 0509-0060
(9) List the names and addresses of each Subcontractor who wiil perform work in or about the work improve-
ment, and indicate what portion of the work will be done by each Subcontractor:
Subcontractor's Name: '%�S ..S 1�,� �--
License Number: 7G..� G% E� �
Address: t��� ��> �:c ss,,✓ 5���. �c:�i�.;1,c: l`�,-�-
. a
Telephone: ,,57 - y�.2 - .�G�..s j
Work to be performed: ,��.����--
Subcontractor's Name: S U��'f=.�c r�,�.- 11vc�r��,�G '
License Number: �� 5 :?.:3/
Address: f•�o�%���>r .�'�s .y S',Q�.;� ,-y?.�c c���` ��.4,
Tefephone: ' �':c,; _ �y.;-a c: �-�,; -
Work fo be performed: c�4 �-i.�.��
Subcontractor's Name: 7�z.:�yry�-s�� L�°�� C-= �-� S.S
License Number: cf G=C a�:�'�
Address: ,�"' -.>,,-;�.k ic v .� c� i.�.%,����y <�.�7.
Telephone: 7GG"-~- '�i`/ _ c/�.7� �r
� Work to be performed: �°G �s 3' �� C� �:::'r �:.r.���G=
(10) List the name of the person who inspected the site of fhe proposed work for your firm ��l:�rG �'-►�-I
�
{1'i) A financial statement or other informatian and references sufficien#(y comprehensive fo permit an ap-
praisal af your current financia!condition may be required by"the City.
Gity of Palm Desert—Civic Center Park 00 42 OQ-2 Infiormation Required of Bidder
Gould Evans 0509-0060
(9) List the names and addresses of each Subconfracfor who will perform work in or abouf the work improve-
ment, and indicafe what portion of the work wil! be done by each Subcontractar:
Subcontractor's Name: c=��� �c,=T=�-� ,�_ ����,,,,.�y�
License Number. "ZJ„�' ,�='�=' - —
Address: �, �_,,'.,...__ - � , s..�_._ ._ S/.�.e.�. ,�c.� Z� �i�- �
. �
Telephone: � � - _ �/- � :_'/
Work to be performed. ,. ;,-�r- � -
Suhcontractor's Name: �}"� �.r- ,,���. �
License Number: .,?J -�'"�9
Address: �,,�'�"�'c� G��,=e- c .,,;�s-r�y � ,'?�'��� ,�' �.,.� �'J, �'--7
Telephone: �-(.� C-% ._ `y.� ..� ~� �; �r-.
Work fo be perforrr�ed: �/G�`��C=-
Subconfractor`s Name. � y'",�:�,�,�a-;��,�,->�. � -,.�� -�,�{�
License(Vumber: - �``...5"�~
Address: _ �i 7.'�� St.�.�-� .�":����.,�- .� /.,,�'� , �'c i� <�'`�t G��>' C'i�'
Tetephone: S'�/_ t=-�;--��. `�-� y'2
Work to be performed. -� - ,:�.ax::._
(10) List the name of the person who inspected the site of fhe proposed work for your firm ���!�r'`%; `,�p-��
(11) A financiai sfatemenf or ather informa#ion and references suificiently comprehensive to permif an ap-
praisal of your current financial condition may be required by'the City.
. Gity of Palm Desert-Civic Center Park 00 42 00-2 Information Required of Bidder
Gould Evans 0509-0060
(9) List the names and addresses of each Subcontractor who will perform work in or about the work improve-
ment, and indicate what portion of fhe work will be done by each Subcontractor:
Subcontracfor's Name: �- � G/.,r7J,l'G� ;�r �,r c i:2`i C
License Number:il i 7,�' ���y
Address: '�:3 c3"� .s�..�H z� .; �C.,7 .,. ,�� > G�'.
Telephone: `7�C � �'f c,'f -` �`�"
Work to be perFormed. ,� L.-C"..��res c;.�C-
Subcontractor's Name: Sd��i�,5ff�1�c ��'G.�,G-
License Number:
Address: �Cs,•� L,,;.J .�C i,'S:t'".�1..S,G`�/f� /-7c7 t..�11 jc',�� � s.�J'
Telephone: ,�'-C�'C-' _ .3r �"/'�-� �>1'..�y
Work fo be performed: t �,�� S r'��r. i�r;.�� �
Subconfractor' Name: -c✓.=�T�=.c.- s�r✓'�>,r,�
License Numb�T' � u� � �r • �f�,r��:�
' , r.�T, �r�-=�'� -:.,.
Address: s� .4�- �=�-�.•..l � ' , ,t , ., .
&. .r� , 4--1
Telephone: 7'c%/ � �_,; ' � ;;�}C C;�
Woric fo be performed: J'���c�L�
(1o} Lisf the name of fhe person who inspecfed fhe site of the proposed work far your firm �-T t�t^'� k�'�.'YYti.�
�
(11} A financial sfatemenf or other information and references sufficiently comprehensive to permit an ap-
praisal of your current financial condition may be required by the Cify.
. City of Palm Desert—Ci�ic Cenfer Park 00 42 00-2 Information Required of Bidder
Gould Evans 0509-0060
(9) List the names and addresses af each Suhcontracfor who wiil perform work in or about the work improve-
ment, and indicate what portion of the work will be done by each Subcontractor:
Subcontractor's tVame: S�C,-°�:'''����G'�2. l�,i.��L .J-� %'.� j�ri��
License Number. f,��'.t� /�'S` j,.�'',�
Address: �'2 3�" 2 �; G.,e'.-4�-`6_�: Tlfta �c.^'.� � ��, Fvte �c 2�.c,.� C��ti
Telephone: �/f� — " � — �pc�t
Work to be performed: � ���7�' � �J;�-y�c..q c��
Subcontractor's Name: �
License Number:
Address:
Telephone:
Work fo be performed:
Subconfractor's Name:
License Number:
Address:
Tefephone:
Work to be performed:
(10} List the name of the persan wha inspected fhe site of tF�e proposed work for your firm ���r�r'�, �?�-�
�
(11) A financial sfatement or other information and references sufificiently comprehensive to permit an ap-
praisai of yaur current financial condition may be required by'fhe Ci[y.
City of Palm Desert—Civic Cenfer Park 00 42 QO-2 Information Required of Bidder
Gould Evans 0509-0060
DOCEJMENT 00 42 50
CITY C)F PALM DESERT
� E-Non=Collusion Affidavit .
To be Executed by Bidder and Submitted with Bid
STATE OF CALIFORNIA )
) SS
COUNTY OF �.� •�t� )
. L ^ �eG � �R i(; �4�j � , being first dufy sworn, deposes and says thaf he/she is_
. ��y� ae ' f � ' � 5 Y5 . , the party making the foregoing bid;that the bid is nof
made in t e interest of, or on behaff of any undisclosed person, partnership, company, associafion, or-
ganization, or corporation; that the bid is genuine and not coliusive or sham;that#he bidder has not di-
rectiy or indirectly induced or solicited any ofher bidder to put in a false or sham bid, and has not directiy
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, communicafion, or conference with anyone to fix the bid price of the bidder or any
other bidder, or to fix any overhead, profiit, or cosf element of the bid price, or of that of any other bidder,
or#o secure any advantage against fhe pubic body awarding the contract of anyone interested in the pra-
pased contract; that all sfatements contained in fhe bid are true; and,further, that the bidder has not, di-
rectiy or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or
divuiged information or data refative thereto, or paid, and will not pay�any fee to any corporation, partner-
ship, company, association, organization, bid deposifory, or to,r�y�,f�etnber or agent thereof to effectuate
a collusive or sham bid, '� -?�.,'
f '�';/ �
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gy: .�'''� ' �j %(„�,�,
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Signatur ^
Title: �- D� " - �'.
CONT CT - �
State of California
County of �
Subscribed and sworn fo(or affirme , efore me this day of (month), 20_(year), by_
, proved to me on t asis of satisfactory evidence to be the person who appeared
before me.
Signature of Notary: Notary Public in and for said County and
State �
(seal of nofary) ��e ����j{=�-�� ���C..1����,�t�1
City of Palm Desert-Civic Center Park 00 42 50-1 Non-Collusion Affidavit
Gould Evans 0509-0060
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signer regnrding the nzrthfiriness of�he con�ents of�he doc-�unenr. The ��i
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(Title or description ofattached documenq i�,
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(Title or description of attached document continued) f��
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� ( Number of Pages Document Date • Date of notarization must be the date that the signer(s) personally appeared
i�� which mvst also be the same date the jurat process is completed. ��
;�( • Print the name(s)of document signer(s)who personally appear at the time of I i;
! notazization. ;;,;
� (Additional information) • Signature of the notary public must match the signature on file with the oftice �� �
; of the county clerk.
' � • The notary seal impression must be cleaz and photographically reproducible. � i
i � Impression must not cover texi or lines.If seat impression smudges,re-seal if a �,
�� sufficient area permits,othenv�se compiete a different jurat form. �a i
. Additional information is not re quired but could hel p to eiuure this �a
`�° jurat is not misused or attached to a different document. ��;
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DOCUMENT 00 43 30
IDD BCI�D #8215 10 56 F
CITY OF PALM DESERT
F-Bidder's Bond
To Accompany Proposal
KNOW ALL MEN BY THESE PRESENTS,
That we, _A� �,�-�� �-. as principal, and � � o�� as
surety, are held and �rmly 6ound unto the City of Palm Desert in the sum of $ �iv r�Ilvr & 00/100
(10% of bid}to be paid to the said City or its certain attorney, its successors and assigns; for
which payment, well and truly to be made, we bind ourselves, our heirs, executors and adminis-
tratars, successors or assigns,joinfly and severally, firmiy by these presents.
THE G4NDITiC?N OF THlS OBL{GATION IS SUCH, that if the certain proposa( of the abave
bounden principal to perform cer�ain work described as fallows:
The work to be completed is located in a 7.8 acre parce!located sauth of Magr�esia Fa!ls Drive in Civic
Center Park. The project wil!occupy, an area fhat includes a significanf date grove as wel!as lawn area
south of the grove. The Program for the Aquat�c Center wi!!include the fol(owing:
• competitive (swimming &diving)pool having a surface area of approx. 92,800SF
• Zero depth entry recreation pool having an approximate surface area of 6,200 SF
• A Splash poo!having an approximate surface area of 1,800 SF with Wet Play features
• Two pool side slides associated with fhe recreation pool
• Diving well with fwo(2)—3 meter and two(2)- 1 mefer diving boards.
• Fencing around the pool area(waterpark) with gates and exiting defined and designed
• Approximately 39,OOQ.SF of pool decking with storm drainage
. • New Poo/Bath House to include entrance%heck-in area, mens/�vomens/family changing rooms,
staff&lifeguard o�ces, �rst aid room, equipment storage, chemicat storage, two-sided conces-
sion area,pool equipmer�t area, mulfi-use room and ufflity room(s)at approximately 8,500 sf
• LEED cert�ed structure
• Parking lof located within the exisfing date Paim grove
• Site and Building Lighting
• Off site Improvements for Right Turn Lane and Magnesia Falls Widening
and dated ���_in is accepted by the City af Pa[m Desert, and if the above bounden
principal A� ct�rr�rrrRc, rnr_ shalf du(y enter into and execute a contract for such construc-
tion, and shall execute and deliver the PerFormance Bond and Payment Bond and insurance
certificates as required by said contract, then this obligation shall become null and void; other-
wise it shall be and remain in full force and effect.
Should it become necessary for the City to institute a lawsuit, or any Qther legal proceeding to
enforce the terms and conditions of this band, then a[I costs of said proceeding, including attor-
ney's fees, shall be awarded to the prevailing party.
City of Palm Desert—Civic Center Park 00 43 3Q-1 Bidder's Bond
Gould Evans 0509-0060
5
' ' IN WITNESS WHEREOF, We hereunto set our Hands and Seals this 17t[�ay of AUC�76�, 2010
/
Contractor's Name:
Contractor's Signature: �' �'" ;,L,{e: ,r
� r
� Titie:�l _�,�- ` � � �'
Address: �Z�j(� \ �, ti ��i j
Telephone: Q �—'j��--
� Surety's Natne:�-- _�.��L, II�F�A�E�-4�,ANY.'
- w,... W.� w�...
�
Surety's �ign�tur-e, '"��'�'' �� ' =�'��
,. �
� � �� ,.� �_�_. ,,,
� _.._. � �.� ,,:= ���._ . . .�.�.
Titie: ��� �
Address: p� � �191 r���nuF � � z7
Telephone: �-���_5��'�
�:
City of Palm Desert—Civic Center Park 00 43 30-2 Bidder's Bond
Gould Evans 0509-0060
Company Profile Page 1 of 2
i�� �• ' '�
COMPANY PROFILE
Company Profile
Company Search Company Information
Company Search
Results FEDERAL INSURANCE COMPANY
Company 15 MOUNTAIN VIEW ROAD
Information WARREN, NJ 07061-1615
Old Company $00-252-4670
Names
Agent for Service Old Company Names Effective Date
Reference
Information
NAIC Group List back to top
Lines of Busi�ess
Agent For Service
Financial Statements
PDF's JERE KEPRIOS
Annual Statements C/O CT CORPORATION SYSTEM
818 WEST SEVENTH ST
Quarterly LOS ANGE�ES CA 90017
Statements
CA Supplements back to top
Company Complaint
Company Reference Information
Performance&
Comparison Data NAIC #: 20281
Company
Enforcement Actio� California Company IO #: -� 0059-6 -�
Composite
Complaints Studies Date Authorized in California-� 12/18/1902 -�
Additionai Info License Status: UNLIMITED-NORMAL �
Find A Company
Representative In Company Type: -� Property&Casualty
Your Area
View Financial State of Domicile: � INDIANA
Disciaimer
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NAIC Group List
NAIC Group#: 0038 CNUBB&SON INC
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Lines Of Business
The company is authorized to transact business within these lines of insurance.
For an explanation of any of these terms, please refer to the glossary.
AIRCRAFT
AUTOMOBILE
BOILER AND MACHINERY
BURGLARY
COMMON CARRIER LIABIITTY
CREDIT
DISABILITY
FIRE
LIABILITY
http://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyPro... 9/1/2010
Company Profile Page 2 of 2
MARINE
MISCELLANEOUS
PLATE GLASS
SPRINKLER
SURETY
TEAM ANO VEHICLE
WORKERS'COMPENSATION
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� c0 2008 Califomia Department of Insurance
http://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyPro... 9/1/2010
Ghubb pOWER Fed�ral Insurance Company Attn: Surety Department
OF Vigilant Insurance Company 15 Mountain View Road
SUI'�'h/ ATTORNEY paciftc Indemnity Company Warrenr NJ 07059
�cr�russ -
Know Alt by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE
COMPANY, a New Yor[c corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and
appoint Ramie Balan and Newton Kellam of Irvine, California----- - _
each as their true and lawful Atiomey-in-Fact to exewte under such designation in their names and to aFfix their corporate seais to and deliver for and on their behalf as surety
thereon or otherwise,bonds and undertakings and other writings obligatory in the nature ihereof(other ihan bail bonds)given or executed in the course of business,and any
instruments amending or altering the same,and consents to th�modifica6on or alteration of any insfrument referred to in said bonds or obligations.
In Witness Whereof,said FEDERAL INSUftANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested
these presents and a�xed their corporate seafs on this 19th day of Mal/,20��
(--t � �,..-�_ r
Kenneth . en el,A��eaeta�
B.Norris,Jr.,Vice ident
STATE OF NEW JERSEY
ss.
County oE Somerset
On this 19th day of Ma�/,2��� beFore me,a Notary Pubiic of New Jersey;personaily came Kenneth C.W endel,to me
known to be Assistant Secretary of FEDERAL lNSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACiFIC 1NDEMNITY COMPANY,the companies which
executed tbe foregang Power of Attomey, a�d the said Kenneth C. Wendel, being by me duty swom,did depose and say that he is Assistanl Secretary of FEDERAL
INSURANCE COMPANY,ViGILANT INSURANCE COMPANY,and PACIFIC WDEMNffY COMPANY and knows 1he corporate seais thereof,that the seals affixed to the
foregoing Power of AHomey are such corporate seals and were therato affixed by auihority oF the By-Laws of said Companies;and that he signed said Power oi Attomey as
Assistant Secretary of said Companies by like authority;and that he is acquainted with David B,Norris,Jr.,and knows htm to be Vice Prestdent of said Companies;and that the
signature of Davfd B.Norris,Jc,subscribed to said Power of Attomey is in the genuine handwritfng of David B_Norris,Jr.,and was thereto subscribed by authority of said By-
Laws and in deponenPs presence.
Nocari g eai �����T
�� �Y�b�C.&I!b 0�Hs1�1►,tlt�ly
Q-i A R Y N�:2321pp7
"t',.-..—' ` �on E�riros Od.25.20f4
� PUBL��
� �• Notary Public
~��� CERTlFtCATION
ExtraU from the By-Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFlC INDEMNITY COMPANY:
A)I powers of attomey for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman or the
President or a Vice President or an Assistant Yce President,jointly with the SeaeFary or an Assistant Secretary, under their respective designations.The
signature o{suct�officers may be engraved,printed or lithographed.The signature of each of the fotlowing officers:Chairman,President,any Vice Presidenk any
Assistant Yce President,any Secretary,any Assistant Secretary and the seal ot the Company may be a�xed by facsimile to any power of attomey or to any
certificate relating Thereto appointing Assistant Secretaries or Attomeys-in-Fact for purposes oniy of executing and attesting bpnds and undertakings and other
wri8ngs obligatory in fhe nature thereof,and any such power of attomey or certifipte bearing such facsimile signature or facsimila seal shali be valid and binding
upon the Company and any such power so executed and certified by such fecsimile signature and facsimle seal shall be valid and binding upon the Company
with respect to any bond or undertaking io which it is attached'
I,Kenneth C.Wendel,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY
{the`Companiss'�do here6y certify that
(f) ths foregoing extract of the By-Laws of the Companies is true and correct,
(fi) the Companies ara duly licensed and authorized to transact surety 6usiness in a1150 of the United States of Amerip end the Distrid of Columbia and are
authorized by the U.S.Treasury Department;further,Federal and Vgilant are licensed in Puerto Rico and the U.S.Vrgin Islands,and Federal is licensed in
American Samoa,Guam,and each of the Provinces of Canada except Prince Edward istand;and
(w) the foregoing Power of Attomey is Vue,crorred and in Fuli force and effect
Given under my hand and seals of said Companies at Warren,NJ this ���a,y�p�r 2p10
�s��,F v��+rr �,5�'�Mc�.
Z 3��� � ��
> � u
�iY Y2 � �I \ � `C
�HauN� �r� s` *'�EryyOR'�'�
Kenne .Wend , sishant Secretary
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM,VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER
MATTER,PLEASE CONTACT US AT ADDRESS LISTED ABOVE,OR BY Telephone(908)903-3493 Fax(908)903-3656
e-maii: sure chubb.com
Form 15-10-02258-U {Ed.5-03) CONSENT
. � CALIFOl�TIA ALI�-PZTI2�OSE
CERTIFICAT'E OF .�CI�TOWLEDGMENT'
State of California
County of Riverside
On 8-17-2010 beforeme, Yvette J. Aceves, Notary Public ,
(Here insert name and title of the officer)
personally appeared Ramie Balan ---------------------------------
,
who proved to me on the basis of satisfactory evidence to he the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies),and that by his/her/their 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.
wwww��ww
, ,. , YVETI"� J.ACEUES
WI SS my han�-and official seal. � '`���r� � CGMM.# 1740549 g
�' i , � ' f fi NOTARY PUBLiC-CALIFORNIA�
�� `�, ��y' SAN BeRNAROIPlO CUUWTI+'
{ f'�,' 1 r ''j '�( r i � '��{' � f � � (Notary Seal) . ••,'h 4 y C o r n r r�.E x��ir�s l�p ri l 2 1,2 0 1 1
Signatur�'of Notary Public `'
r
,�� �r
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Any aclrnowledgment completed in California must contarn verbiage exactly as
DESCRIPTION OF THE A1"TACHED DOCUMENI' appears above in the notary section or a separate aclrnowledgment form must be
properly compleled arxd attached to that doctunent The only exception is if a
B 1 C� $O I7 C� document is to be recorded outside of California.In such rnrtances,any alternative
(TiUe or description of attached docutnent) aclmowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
Calijornia (i.e. certifying the authorized capaciry of the signer). Please check the
(Title or deSCTiption of att3ched document COntinued) document carefully for proper notarial wording and attach thrs form if required.
Nilmber of Pa es DoCttment Date � State and County information must be the State and County where the document
g signer(s)personally appeared before the notary public for aclaiowledgment.
• Date of notarization rnust be the date that the signer(s)personally appeared which
must also be the same date the aclrnowledgment is completed.
(Additional information) • The notary public must print his or her name as it appears within his or her
commission fo]lowed by a comma and then your title(notary public).
• Print the name(s) of document signer(s)who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plwal forms by crossing off incorrect forms(i.e.
❑ IridlVidu21(S) �e/she/E�;is/aFe)or circling the correct forms.Failure to correcUy indicate this
information may lead to rejection of document recording.
❑ Corpoiate Ofl7Ce1' • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines.If sea[impression smudges,re-seal if a
(TiUe) sufficient area permits,otherwise complete a different acknowledgment form.
P3rtriet'(S) • Signature of the notary pubiic must match the signature on file with ihe office of
the county clerk.
Attorney-in-Fact . Additional informatian is not required but could help to ensure this
❑ Triistee(s) acknowledgment is not misused or attached to a differerrt document.
❑ �t�ler • Indicate title or type of attached document,number of pages and date.
. Indicate the capacity claimed by the signer.If the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
• Securely attach tlils dceument to the sig»ed document
2008 Version CAPA v12.10.07 800-873-9$65 wwwNotaryClasses.com
, �
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of }��v e S��
On(�t, � ` U l.l before me, uV�� , l.� �. ��-e,�/�'� , � (�Q-(�.I�'lJ� ��j����
(Here insert name and title o the officer)
personally appeared \ (—('
�
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their 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.
������
WITNESS my hand and official seal. YVETTE �.ACEVES
;' �' �. COMM.# 1740549
? �' ' , r ;`� : � � b 07d1RY PU�LIC-CALIFORN►A�
. �
`� y`` /p' , �°. ' , ` �r �'.s� �.' ,.� C ANBERMARDiNOCOUNTY �'
(Notary Seal
Signature ofNotary Pub�ic � y p��•Exprres,qp��2��2011
ADDITIONAL OPTIONAL INFORMATION
IlVSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must cantain verbiage exactly as
DESCRIPTTON OF THE A1"TACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be
properly comple�ed and attached to that document. The only excepdott is if a
�; � �,��e document is to be recorded outside of Calrforniv. In such instances,arry alternative
�h acknowledgment uerbiage as may be printed on such a document so long as the
(Title or description of attached document} verbiage does not require the notary to do something that rs illegal for a notary in
Calzfornia �.e. cert�ing the authorized capacity af the signer). Please check the
(TiUe or description of attached document continued) docament carefully for proper notarial wording and attach this form if required.
Number of Pages Document Date • State and County information must be the State and County where the document
signer(s)personally appeared before the notary public for acknowledgment.
• Date of notazizztion must be the date that the signer(s)personally appeazed which
must also be the same date the aclrnowledgrnent is completed.
(Additional information) • The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your tide(notary public).
• Print the name(s) of document signer(s)who personally appear at the time of
notarization.
CAPACII'Y CLAII�D BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
� Individual(s) lae/she/�key,is/are)or circling the correct forms.Failure to correcdy indicate this
information may lead to rejection of dceument recording.
❑ Corpotate OffiCer . 7'he notary seal impression must• be cleaz and photogaphically reproducible.
Impression must not cover text or lines.If seal impression smudges,r�sea! if a
(TiUe) sufficient area permits,otherwise compiete a different acknowledgnent form.
❑ Partner(s) • Signature of the notary public must match the signature on fite with the o�ce of
the county clerk.
❑ Attorney-in-FaCt . Additionai information is not required but could help to ensure this
❑ Tiustee(s� acknowledgment is not misused or attached to a different document.
❑ Othel' � Indicate title or type of attached document,number of pages and date.
. Indicate the capacity claimed by the signer.If the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
• Securely attach this document to the signed document
2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com
� Scope of Work to Be Performed bv
ASR Constructors, Inc.
Scope of Work Percent of Contract
Earthwork `� %
As�halt Pavin�_ S� %
Parking Lot Pavers � %
Landscape 8� Irri ag tion -3 %
Bldg. & Site Concrete S� %
Masonry � �/a
Structural & Misc. Steel � %
Carpentry -� %
Sheet Metal � %
Ceramic Tile � %
� Pool Construction � %
Plumbin� � %
Site Utilitv � %
l?.7i S�", �'�,rl;i,��c"i��,-L. .�
%
%
%
%
Total: s�� %
ac men
,
CONTRACT CLASS OF DATE NAME,ADDRESS
AMOUNT: WORK: COMPLETED: & TEL. NO. OF
OWNER:
Tesoro HS Pool
$3,344,321.25 Swimming Pool January 2004 Capistrano USD
Complez 33122 Valle Rd.
San Juan
Capistrano,CA
949-234-9200
Terrace Hills MS
Colton Joint USD
$49,000.00 Swimming Pool September 2006 1212 Valencia Dr.
Complex Colton, CA 92324
909-580-5000
Bloomington MS
Colton Joint USD
$183,000.04 Swimming Pool September 2006 1212 Valencia Dr.
Complex Colton, CA 92324
909-580-5000
Repplier Park
Aquatic Center City of Banning
$3,835,830.06 June 2007 99 E. Ramsey St.
Swimming Pool Banning, CA
Complez 951-922-3105
Upland HS
Aquatic Center Upland USD
$3,198,327.05 November 2008 390 N.Euclid Ave.
Swimming Pool Upland,CA
Complex 909-984-1864
Norte Vista HS
Alvord USD
$593,000.00 Swimming Pool May 2010 10365 Keller Ave.
Complex Riverside, CA
951-509-5000
Paci ic Custom Pools, Inc.
265 North Vinedo Avenue,Pasadena,California 91107
Office(626)795-3400 Fax(626)795-4003
September l,2010
Bo Chen
City of Palm Desert
73-510 Fred Waring Drive
Palin Desert, CA 92260
RE: Palm Desert Aquatic Center Bid
Dear Mr. Chen,
Please consider this letter a formal notice of protest for any decision to award ASR
Constructors or Penta Building Group the Palm Desert Aquatic Center project.
It would appear that neither General Contractor per confirming RFI Addendum No. 2 dated
August 25, 2Q 10 "the 2009 Green Book Section 2-3.2 can perform at least 50% of the
contract work".
Item addressed above is not in accordance with public contracting laws. Please confirm the
City of Palm Desert has acknowledged the above mentioned discrepancy and/or
missing/incomplete items are gr�unds for disqualification uf ASR C�nstnict�rs and Penta
Building Group bid on Palm Desert Aquatic Center.
I look forward to hearing from you soon concerning resolution. Thank you in advance for
you immediate attention to this matter.
Best Regards,
� ���
James F. Barger,President
Pacific Custom Pools,Inc. �
www.pacificcustompools.com
Califorrtia Contrnctor's Lice�ue#4L7294(A,B,G53)!Nevada Contractor's Lice�ue#34654(A-UnlimUed A-70/A-22)l
Nevada Cnntractor's License#72587(B,`66,700,f100)/Arizona Contractor's License#157318-0O1