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HomeMy WebLinkAboutC30690 Aquatic Center Pool Maintenance and CustodialContract No. 30690 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: AWARD CONTRACT NO. C30690 FOR THE PALM DESERT AQUATIC CENTER POOL MAINTENANCE AND CUSTODIAL CONTRACT TO SERVICE 1 ST CONTRACTOR'S NETWORK, DBA SERVICE FIRST, IN THE AMOUNT OF $102,000.00 SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: Service 1st Contractor's Network, DBA Service First 3505 Cadillac Avenue, Building F-9 Costa Mesa, CA 92626 DATE: May 26, 2011 CONTENTS: Agreement Contractor Proposal Bid Bond Recommendation By Minute Motion: 1. Award Contract No. C30690 for the Aquatics Center Maintenance and Custodial Contract to Service 1st Contractor's Network, DBA Service First, in the amount of $102,000.00; 2. Authorize the Director of Finance to set aside an additional 10 percent contingency in the total amount of 10,200.00; and 3. Appropriate $20,957.50 from unobligated FY 2010/11 General Fund reserves to Account No. 242-4549-454-3311, Contracted Pool Maintenance; and 4. Authorize the City Manager to execute the agreement. Funds, less the requested appropriation, are available in Account No. 242-4549-454-3311, Contracted Pool Maintenance in the proposed FY 2011/12 operating budget. Staff Report Award C30690 to Service First May 26, 2011 Page 2 of 3 Background Contract No. C30690 On April 18, 2011, the City Clerk advertised and called for bids for the Aquatic Center pool maintenance and custodial contract. The contract provides for the day-to-day cleaning, inspection, and minor repairs and maintenance. An appropriation of $20,957.50 is being requested in the current fiscal year (FY 2010/11) to cover the June 2011 maintenance activities. The remaining 12 months of funding has been budgeted in the FY 2011/12 proposed budget. On Friday, May 6, 2011, at 10:30 a.m., sealed bids were opened and read aloud, with the following proposals received: Contractor Location Bid Amount Service First Costa Mesa, CA $102,000.00 Ocean Springs Tech, Inc. Palm Springs, CA $168,000.00 Staff has reviewed the Service First proposal and determined that the requirements have been met. Fiscal Analysis This is an on -going maintenance activity with no fiscal impact beyond the contract amount. Prepared By: De:r)4a46 4wzr yan Stendell Mark Gre nw od, P.E., Senior Management Analyst Director of P lic Works CITY COUNCILAC,TION APPROVED ✓✓ DFNiED Pau S. Gibson, Director of Finance RECEIVED OTHER M. Wohlmuth, City Manager MEETI VDAI AYES: , NOES: ABSENT:ABSTAIN VERIFIED BY: Original on File with City �1�rk's Office POST -AWARD DOCUMENTS CITY OF PALM DESERT AQUATIC CENTER POOL MAINTENANCE AND CUSTODIAL 2011-2012 CONTRACT NO. C30690 AGREEMENT THIS AGREEMENT is made and entered into in the City of Palm Desert on this day of 20 , by and between THE CITY OF PALM DESERT, a municipal corporation, hereinafter referred to as "City," and herein referred to as "Contractor." WITNESSETH: WHEREAS, on April 20, 2011, City invited bids for Aquatic Center Pool Maintenance and Custodial Services; and WHEREAS, pursuant to said invitation, Contractor submitted a bid, which was accepted by City for said services, NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: (1) TERM The term of this Agreement shall be from date of execution of this instrument through June 30, 2012, or to such later date as may be agreed in writing between parties. (2) CITY'S OBLIGATIONS For furnishing services, as specified in this Agreement, City will pay and Contractor shall receive in full compensation, therefore the total sum of dollars ($ ) as billed on a per -item monthly basis as set forth in the Contract Documents and adopted by City. (3) CONTRACTOR'S OBLIGATION For, and in consideration of, the payments and agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City to furnish the services and to do everything required by this Agreement and the Contract Documents, Specifications and Conditions. (4) HOLD HARMLESS AND INDEMNIFICATION Contractor agrees to defend, indemnify, and hold harmless City of Palm Desert, its officials, officers, employees, representatives, and agents from and against all claims, lawsuits, liabilities or damages of whatsoever nature arising out of its connection with, or relating in any manner to, any act or omission of Contractor, its agents, employees, subcontractors and employees thereof in connection with, the performance or non-performance of this Agreement. Contractor shall thoroughly investigate any and all claims and indemnify City and do whatever is necessary to protect the City of Palm Desert, its officials, officers, employees, agents, and representatives as to any such claims, lawsuits, liabilities or damages. (5) AMENDMENTS Any amendment, modification, or variation from the terms of this Agreement shall be in writing, signed by Contractor and approved by the City Council of the City. (6) TERMINATION If, during the term of this Agreement, City determines that Contractor is not faithfully abiding by any term or condition contained herein, City may notify Contractor in writing of such defect or failure to perform; which notice must give Contractor a three-day period of time thereafter in which to perform said work or cure the deficiency. If Contractor fails to perform said work or cure the deficiency within the three (3) days specified in the notice, such shall constitute a breach of this Agreement and City may terminate this Agreement immediately by written notice to Contractor to said effect. Thereafter, except as otherwise set forth herein, neither party shall have any further duties, obligations, responsibilities, or rights under this Agreement except, however, any and all obligation of Contractor's surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination hereof. In said event, Contractor shall be entitled to the reasonable value of its services performed from the beginning of the period in which the breach occurs up to the day it received City's Notice of Termination, minus any offset from such payment representing the City's damages from such breach. City reserves the right to delay any such payment until completion of confirmed abandonment of the project, as may be determined in the City's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall Contractor be entitled to receive in excess of the compensation quoted in its bid. The City Council may terminate the contract with 30 days written notice for any reason (7) INCORPORATED BY REFERENCE The Notice Inviting bids; Bid Terms and Conditions/Instructions to Bidders; Contractor's Proposal Submission Forms; Addendum Nos. 1 ; General Terms and Conditions; Specific Terms and Conditions; Extra Work Pricing Schedule; Change Orders; additional or supplemental specifications, drawing, maps or diagrams; and City -issued forms relating to this project, are hereby incorporated in and made a part of this Agreement. (8) COMPLETE AGREEMENT This written Agreement, including all writings specifically incorporated herein by this reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. (9) ANTI -DISCRIMINATION In the performance of the terms of this Agreement, Contractor agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of any person because of the age, race, color, sex, national origin or ancestry, or religion of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735. (10) AUDIT City shall have the option of inspecting and/or auditing all records and other written material used by Contractor in preparing its statements to City as a condition precedent to any payment to Contractor. (11) NOTICE All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail, return receipt requested, addressed as follows: IF TO CITY: IF TO CONTRACTOR: Office of the City Clerk CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, CA 92260 Service 1st Contractor's Network DBA Service First 3505 Cadillac Avenue, Building F-9 Costa Mesa, CA 92626 (12) LITIGATION COSTS In the event an action is filed by either party to enforce any rights or obligations under this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and court costs, in addition to any other relief granted by the court. (13) AUTHORITY TO EXECUTE AGREEMENT Both City and Contractor do warrant that each individual executing this Agreement on behalf of each party is a person duly authorized. 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. SERVICE 1ST CONTRACTOR'S NETWORK DBA SERVICE FIRST By: Title: Printed name Signature (to be notarized) CITY OF PALM DESERT ATTEST: A Municipal Corporation JEAN M. BENSON, MAYOR APPROVED AS TO CONTENT: MARK GREENWOOD, P.E. DIRECTOR OF PUBLIC WORKS RACHELLE D. KLASSEN CITY CLERK APPROVED AS TO FORM DAVID J. ERWIN CITY ATTORNEY CONTRACTOR NOTARY ACKNOWLEDGMENT State of California } } SS County of } On , 20 , before me, a Notary Public, 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 State of California County of Riverside CITY NOTARY ACKNOWLEDGMENT } } SS } (Seal) On , 20 , before me, a Notary Public, 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) CITY OF PALM DESERT AQUATIC CENTER POOL MAINTENANCE AND CUSTODIAL 2011-2012 CONTRACT NO. C30690 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to , hereinafter designated as "Principal," a contract for: CITY OF PALM DESERT AQUATIC CENTER POOL MAINTENANCE AND CUSTODIAL 2011-2012 CONTRACT NO. C30690 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, I the Principal, and as Surety, are held and firmly bound unto the City of Palm Desert, hereinafter called City, in the penal sum of Dollars being 100% of the contract amount in lawful money of the United States of America for the payment 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 contract 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 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 City to institute a lawsuit or any other legal proceeding 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. 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 120 SURETY PRINCIPAL BY: BY: INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER CONTRACTOR'S BID PROPOSAL BEGINS WITH THIS PAGE CITY OF PALM DESERT AQUATICS CENTER POOL MAINTENANCE AND CUSTODIAL 2011-2012 CONTRACT NO. C30690 TO: CITY CLERK CITY OF PALM DESERT 73-510 FRED WARING DRIVE PALM DESERT, CA 92260 The undersigned declares that he/she has carefully examined the Bid Terms and Conditions, the General Terms and Conditions, and the Specific Terms and Conditions accompanying the Notice Inviting Bids; that he/she is thoroughly familiar with the contents thereof, and is authorized to represent the bidding firm and propose services to City of Palm Desert. It is understood that the price shown hereon includes all phases and types of work described in the specifications. The lump sum cost for performing the entire scope of the contract work shall be indicated. do TOTAL ANNUAL AMOUNT BASE BID IN FIGURES $ Z, 000. TOTAL ANNUAL AMOUNT OF BASE B}D IN AND /yo CENTS Undersigned hereby acknowledges receipt of addenda as indicated (circle highest number that applies) 0 2 3 4 CONTRACTOR'S PROPOSAL SUBMISSION FORM CONTINUES ON NEXT PAGE CONTRACTOR'S PROPOSAL SUBMISSION FORM - CONTINUED CITY OF PALM DESERT AQUATICS CENTER POOL MAINTENANCE AND CUSTODIAL 2011-2012 CONTRACT NO. C30690 INFORMATION REQUIRED OF BIDDER Company Name: e rV i C f. k S I - Company Address: Office Phone: Cell Phone: Fax: 7Al-SS73• ZLS3 -719-7efr- 4f -7/Y -573 - z.2(.1 Bid Prepared By: , _ I A-4�A Title: Title: Signature: Date: Contact P son: Cell Phone: t, i 0 e> Wo 1 I`k --7 In supplying the following information, additional sheets may be attached if needed. Check if additional sheets are attached: 4 Check if additional sheets are not attached: ❑ (1) Company Name and Address 50,1%) (W lS� (�01►v'�h�t vYS P CtLIK 3 rO 9- Ctio- g cc*,c C06 4,. ✓n-�.,z . Grp t ZG Z G (2) Telephone No. 1/ tt ,5 73 . 22, S- (3) Type of Firm (Individual, Partnership or Corporation) `__oW - It (4) Corporation organized under the laws of the State of oYw�-�, (5) Contractor's License No. 5,5 4 [�( 7— Exp. Date 2 Z 6 1 13 CONTRACTOR'S PROPOSAL SUBMISSION FORM — CONTINUED CITY OF PALM DESERT AQUATICS CENTER POOL MAINTENANCE AND CUSTODIAL 2011-2012 CONTRACT NO. C30690 (6) List the names and addresses of all owners of the firm or names and titles of all officers of the corporation: (7) Number of years experience providing aquatics center maintenance services (8) Number of years experience with municipal aquatics center contracts (9) Proposed facilities to be used in the fulfillment of this contract List location/address of facilities from which workers will be dispatched: �' b � �✓al. t4 Svc. � b�9-- � -9 �'b�'1. N'tilt � G�/- `l ?-f. L(e SUBCONTRACTOR LIST List the names and addresses of each subcontractor who will perform work related to this contract and indicate what portion of the work will be done by each subcontractor. (If more than one subcontractor, please check the box below and list all subcontractors on a separate sheet.) ❑ See Subcontractor List on Separate Sheet 15� No subcontractors will be used Subcontractor's Name: License Number: Address: Telephone: Work to be performed: 712 COMPANY NAME: Service First Contractor's Network dba Service First Service First Contractor's Network dba Heritage Construction Address: Phone #: Fax #: Fed ID #: CA State Corp #: OFFICERS: President: 3505 Cadillac Avenue, F9, Costa Mesa, CA 92626 (714) 573-2200 (714) 573-2297 33-0155871 State ID #: 419-0243-8 (ER) C1549716 Frank Vandenberg 8772 SeasprayDrive Huntington Beach, CA 92646 573-49-6463 Drivers License # C6546250 February 17, 1962 (714) 573-2217 Treasurer. Stan Hatch 1547 Orange Avenue Costa Mesa, CA 92627 559-51-7785 Drivers License # N9246505 February 20, 1963 (714) 573-2223 Secretary. Gary Bucher 519 Redlands Newport Beach, CA 92663 551-13-4636 Drivers License # N8490506 December 16, 1961 (714) 573-2203 Director. Mark Bucher 1662 SE Skyline Drive Santa Ana, CA 92705 551-13-4625 Drivers License # N5605658 April 6, 1959 (714) 573-2201 2 3 CONTRACTOR'S PROPOSAL SUBMISSION FORM — CONTINUED CITY OF PALM DESERT AQUATICS CENTER POOL MAINTENANCE AND CUSTODIAL 2011-2012 CONTRACT NO. C30690 * 5to A,"Vr*-4*V,I> REFERENCES Contract Initiation/ Amount Scope of Work Completion Dates Contact Person $ Name Business Name Address Phone Additional information: $ Name Business Name Address Phone Additional information: $ Name Business Name Address Phone Additional information: List thA name of tqe person who inspected the site of the proposed work for your firm CONTRACTOR hereby swears under penalty of perjury that the information provided is true and correct. By: �-' Title: Sign t Contractor Service .. POOL SYSTrM kL POOL SYSTEMS Project References Company: City of Riverside Contact: Jacob Schwerdt, Telephone: (951) 351-6172 Job site: Various Sites Description: Pool Service, Chemical Service & Repairs Contract Amount: $180,000.00 Completion Date: Ongoing Company: ABC Unified School District Contact: John Eddy, Telephone: (562) 926-5566 Ext. 22404 Job site: Artesia High School, California Description: Pool Service, Chemical Service & Repairs Contract Amount: $36,700 Annually Completion Date: Ongoing Company: Cal Baptist University Contact: Jack Engelschall, Telephone: (951) 343-4559 Job Description: Pool Service, Chemical Service and Repairs Contract Amount: $29,000.00 Annually Completion Date On going projects over the past 5 years Company: L. A. Fitness International LLC Contact: Leslie Blanchard (626) 299-5980 Job Description: Pool Service and repairs Contract Amounts: $980,000.00 Annually Completion Date: Ongoing Company: Riverside Community College Contact: Mike Byrd, Telephone: (909) 222-8473 Description: Pool Service, Equipment Replacement, Chemical Containment & Service Contract Amount: $35,000.00 Completion Date: Ongoing Project References Confidential Correspondence 1 Reference List Service COMMEHQAL PWL. SYSTEMS www.SmiceFimtCommercialPoolaoom Company: Harvard Westlake High School/ Harvard Westlake Middle School Contact: Felipe Anguiano, Telephone: (818) 980-6692 ext. 500 Description: Pool Service and Repair Service Contract Amount: $86,000 annually Completion Date: Ongoing Company: The City of Chino Contact: Jobe Jones, Telephone: (909) 628-1201 ext. 1469 Description: On Call Cleaning and Service Contract Amount: $8,500.00 Annually Contract Completion: Ongoing Company: City of Baldwin Park Contact: Telephone: (626) 705-8916 Description: Pool Service, Repairs, Equipment, Start-up Contract Amount: $14,000.00 Annually Completion Date: Ongoing Company: Motel 6 Contact: Bob Patrick Description: Pool Service, Repairs Various locations. Contract Amount: $56,000.00 Annually Completion Date: Ongoing Company: Hyatt Regency Huntington Beach Contact: Telephone: (714) 698-1234 Address: 21500 Pacific Coast Hwy., Huntington Beach, CA Job Description: Full Service 7 days / week Contract Amounts $119,000.00 Annually Completion Date: Ongoing Company: Flintridge Preparatory School Contact: Vlad Dan (818) 949-5516 Description: Pool Service and Repairs Contract Amount: $ 18,500.00 Annually Completion Date: Ongoing Company: Hilton Costa Mesa Contact: Jacob Vogelesang (714) 540-7000 Description: Pool, Spa, Fountain Service and Repairs Contract Amount: $ 19,200.00 Annually Completion Date: Ongoing Confidential Correspondence 2 Reference List Service w C'UMMF.I<l1A 1. MR11- SYSTFMS www.ServiceFirstOommercialPools.com Project References Company: Notre Dame High School Contact: Mary Oyler (818) 933-3607 Description: Pool Repairs and Chemical Supply Contract Amount $ 8500.00 Annually Completion Date: Ongoing Company: Mary Vale School Contact: Louie (626) 280-6510 Description: Pool Service and Repairs Contract Amount: $13,000.00 Annually Completion Date: Ongoing Confidential Correspondence 3 Reference List CONTRACTOR'S PROPOSAL SUBMISSION FORM - CONTINUED CITY OF PALM DESERT AQUATICS CENTER POOL MAINTENANCE AND CUSTODIAL 2011-2012 CONTRACT NO. C30690 AFFIDAVIT OF NON -COLLUSION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA) ) SS COUNTY OF RIVERSIDE) ' being first duly sworn, deposes and says that he/ w is ofthe 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 neither collusive nor 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, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Signature (CONTRACTOR) Title (CONTRACTOR) Jurat Certificate State of California County of [ `ty t l( _ ) L� Subscribed and sworn to (or affirmed) before me on this day of �1 (month), (Yea'), by proved to me on the basis of satisfactory ev" ence to be the person() who appeared before me. Signature of Notary r `� �� (Seal of Notary) P_ JUOITH A. MALCOLM ` Commission 0 1904025 Z `+� Notary Public - California Orange County My Comm. Expires Sep 13.2014 CONTRACTOR'S PROPOSAL SUBMISSION FORM - CONTINUED CITY OF PALM DESERT AQUATICS CENTER POOL MAINTENANCE AND CUSTODIAL 2011-2012 CONTRACT NO. C30600 BID BOND KNOW ALL MEN BY THESE PRESENTS, That we, Service First Contractors Network dba Service First as Principal, and Western Insurance Company as Surety, are held and firmly bound unto the City of Palm Desert in the sum of $ 10 % (10% of bid), to be paid to the said Owner or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the certain proposal of the above bounden principal to perform certain work described as follows: The general items of work to be done hereunder consist of providing daily inspection, maintenance and cleaning services to the City of Palm Desert for its municipal aquatics center facilities, as described herein and as detailed in the Contract Documents and all appurtenant work as required by the specifications and appendices, and dated April, 2011, is accepted by the City of Palm Desert, and if the above bounden principal Service First contract( Network dba Service First shall duly enter into and execute a contract for such construction, 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; otherwise it shall be and remain in full force and effect. Should it become necessary for the City to institute a lawsuit, or any other legal proceeding 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. (Remahider of 'ihis pr{.=,- has ilrtemionalli, bee le%t blank. S'is;turtrne i±lr;rk. ctri• c•rnruti>lrri on the rrc•.ct piqt•l i IN WITNESS WHEREOF, We hereunto set our Hands and Seats this 6th day of May 20 11. Contractor's Name: Service First Contractors Network dba Service First Contractor's Signature: Title:/ Address: 3305 Cadillac Avenue Bldg. F-9, Costa Mesa CA 92626 Telephone: 714 - 5 7 3 - 2 217 Surety's Name: Western Insurance Company Surety's Signature: / 2I Ah--c Kathy loj Hars Title. Attorney In -Fact Address. PO Box 21030, Reno, NV 89515 Telephone: 775-829-6650 arger CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of Nevada May 6, 2011 before me, Deborah Y. Snyder, Notary Public, personally appeared Kathy M. Harshbarger, Attorney -In -Fact`, (Here insert name and title of the officer) who proved to me 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 ofNota blic ........................................................... € ,��°=r.,� DEBORAH Y. SNYDER = ; '; Notary Public -State of Nevada (Notary Seal) 2 Appointrnent Rammed in Wastae County " ° °' ' No. 08�10338t •2 - E�ires January 27, 2014 Ea,uuuununnumm�uuuu,uuuuunuuuunuuuuuuuuq.,,.�.�.... r ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional Information) CAPACITY CLAIMED BY THE SIGNER • Individual (s) o Corporate Officer (Title) • Partner (s) • Attorney -in -Fact • Trustee(s) • Other Any acknowledgement completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgement 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 California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgement. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgement is completed. • The notary public must print his or her name as it appears within his or her commission followed 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. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is/are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgement form. • Signature of the notary public must match the signature on file with the office of the county clerk. •i• Additional information is not required but could help to ensure this acknowledgement is not misused or attached to a different document. ❖ 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. CFO, CFO, Secretary). 9 Securely attach this document to the signed document. WESTERN INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That WESTERN INSURANCE COMPANY a corporation organized and existing under the laws of the State of Utah and having its principal office at the City of Sandy, in the State of Utah, does hereby constitute and appoint Dick L. Rottman, Bradley A. Pearce, Janice L. Bowman, R. Scott Rottman, Kathy M. Harshbarger, Jana Pisani Of the STATE OF UTAH its true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts; and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, the said WESTERN INSURANCE COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretary, this 6th day of December, 2010. WESTERN INSURANCE COMPANY 0WT� • s SEAL (Signed) By President + 1"4 + �>E Of (Signed) By C' Secretary STATE OF UTAH On this 6th day of December, 2010, before me personally came DI K L'%OTTMAN, PRESIDENT of the WESTERN INSURANCE COMPANY and ALICE A. MOLASKY ARMAN, SEC Ri of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, sai 11at ey, the said PL���KK L. ROTTMAN and ALICE A. MOLASKY ARMAN were respectively the PRESIDENT an4- CRETARY+otl�thV-Wid WESTERN INSURANCE COMPANY, the corporation described in which executed the foreg ing Bo er of Attor�,e(?►gf ey each k�]e�w the seal of said corporation; that the seal affixed to said Power of Attorney was sp h orate seal, th tic%►N so affixed q(dbi�Of the Board of Directors of said corporation, and that they signed their nam Aet o by like orQer* PRESIDENT aq� ETARY, respectively, of the Company. M Commission expires teal ay in April (f1*! 'j y...................................... ?,V�►� P yNbk A. Stilt—N.A. r►t(Sl ned) Naary BubGo- Aatc at NevaAa -[ g Notary Public lgaa,MUMK2aaMinW,gweaNr This Power of Attorney is graer and by authority of the following Resolutions adopted by the Board of Directors of the WESTERN INSURANCE COMPANY on December 6, 2010. RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by person or entities appointed as Attomey(s)-in-Fact pursuant to a Power or Attorney issued in accordance with these resolutions. Said Power(s) of Attorney 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, Ora Vice President, jointly with the Secretary, under their respective designations. The signature of such officers maybe engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and , unless subsequently revoked and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attomey(s)-in-Fact shall have the power and authority, unless subsequently revoked and, in any case, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attomey(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company, 1 ALICE A. MOLASKY ARMAN, Secretary of the WESTERN INSURANCE COMPANY, do hereby certify that the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on December 6, 2010 and that this resolution is in full force effect. 1, the undersigned Secretary of the WESTERN INSURANCE COMPANY do hereby certify that the foregoing Power of Attorney is in full force and effect and has not been revoked. In Testimony Whereof, I have hereunto set my hand and the seal of the WESTERN INSURANCE COMPANY on this Eith day of Mqy , 20) 7 0#1d� Secretary CONTRACTOR'S PROPOSAL SUBMISSION FORM - CONTINUED CITY OF PALM DESERT AQUATICS CENTER POOL MAINTENANCE AND CUSTODIAL 2011-2012 CONTRACT NO. C30690 EXTRA WORK PRICING SCHEDULE Please indicate hourly wages for extra work to be performed below: LABOR TYPE: (tee.,V4A( GA&rr, $ S per hour 6W6o-/ G�s� per hour $ per hour $ /Z��-Per overtime hour $ per overtime hour $ per overtime hour At City's discretion, additional work may be paid for using the contractual hourly rate for labor, and materials at cost plus a 15% mark-up.