HomeMy WebLinkAboutC33860 - Rjct Bid & Awrd - Civic Ctr Plygrnd Shade Structure Contract No. C33860
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: REJECT BID PROTEST AND AWARD CONTRACT NO. C33860
TO CREATIVE CONTRACTORS CORP OF RANCHO SANTA
MARGARITA, CALIFORNIA, FOR THE CIVIC CENTER SHADE
STRUCTURE REPLACEMENT PROJECT (PROJECT NO. 725-15)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
CONTRACTOR: Creative Contractors Corp
P.O. Box 80784
Rancho Santa Margarita, CA 92688-0784
DATE: August 28, 2014
CONTENTS: Bid Protest Email Dated August 14, 2014, from Aghapy Group, Inc.
Letter Dated August 19, 2014, Rejecting Bid Protest
Agreement and Bond
Contractor's Proposal
Recommendation
By Minute Motion:
1. Reject the bid protest of Aghapy Group, Inc., on the basis that the bid
protest failed to state any grounds upon which to sustain the protest;
2. Authorize the award of Contract No. C33860 to Creative Contractors
Corp of Rancho Santa Margarita, California, for the Civic Center
Playground Structure Replacement project in an amount not to exceed
$70,885.00 (Project No. 725-15);
3. Authorize the Director of Finance to set aside a 10 percent contingency
in the amount of $7,088.50; and
4. Authorize the Mayor to execute the agreement.
Funds are available in the Civic Center Park Fund, Account No. 233-4674-454-4001.
Staff Report
Reject Bid Protest and Award C33860 to Creative Contractors Corp (Project No. 725-15)
Page 2 of 3
August 28, 2014
Backqround
The two Civic Center playground shade structures were raised several years ago to
accommodate the installation of new playground equipment. However, these
modifications were not based on an engineer's recommendation and the structures are
now showing visible signs of damage. Staff met with an engineer to discuss possible
retrofit options, but it was determined that the structures are not salvageable. The
engineer also indicated that the modifications cannot support the wind loads exerted on
them.
In addition, one of the existing shade structure support posts is located in the poured in
place ADA rubber playground surfacing. The rubber surface will have to be removed in
order to remove the old concrete footing and install a new, larger footing. While it is
possible to patch the section that has to be removed in order to construct the new
support posts, staff has found that patching this type of material creates a less resilient
playground surface, which also has a much shorter lifetime than a monolithic pour. In
addition, numerous patches have already been made to the entire playground surface
over the years.
On July 23 and July 30, 2014, a Notice Inviting Bids for the project was advertised, and
on August 13, 2014, sealed bids were opened by the Deputy City Clerk. Below is a
summary of the bids received:
Contractor Location Bid Amount
Creative Contractors Corp Rancho Santa Margarita, CA $70,885
Aghapy Group, Inc. Bakersfield, CA $103,000
Doug Wall Construction Bermuda Dunes, CA $111,800
Community Playgrounds Vallejo, CA $115,687
Zeus Construction Palm Desert, CA $118,300
The bid received from Community Playgrounds is deemed non-responsive because
they did not acknowledge Addendum No. 1.
On August 14, 2014, a bid protest was received from Aghapy Group, Inc., stating that
the apparent low bidder, Creative Contractors Corp, did not specify using a USA Shade
Structure product as stated in the specifications, and that the subcontractor listed by
Creative Contractors was not licensed. The City Attorney's office reviewed the bid
protest and determined that neither the Plans, Specifications, and Contract Documents,
nor Addendum No. 1, contained a requirement to use a USA Shade Structure product.
In addition, the subcontractor listed by Creative Contractors is a licensed contractor
holding the appropriate licenses to perForm the work. The City Attorney's office found
that bid protest failed to state any grounds upon which to sustain the protest, and that
there was no basis to reject the low bidder. Therefore, staff recommends awarding the
contract to Creative Contractors Corp.
Staff Report
Reject Bid Protest and Award C33860 to Creative Contractors Corp (Project No. 725-15)
Page 3 of 3
August 28, 2014
Fiscal Analysis
This is a maintenance activity and there is no fiscal impact beyond the contract amount.
Prepared By: Department Head:
_���
Randy Chavez, Landscape Supervisor Mark eenwood, P.E.
Director of Public Works
�--'� CITY COUNCIL TION
I S. Gibson, Director of Finance Ap�'ROVED___�._._.DF,N�F,D
RECEIVED OTHER
ro I: MEET G DATE � � D/
AYES: �� � � l K � �Q � �� � TZti'!� /�
OES: �
n M. Wohlmuth, City Manager ABSENT: -�
ABSTAIN: �--
VERIFIED BY: �-� I�1t
/bl Original on File with City erk's Office
From: Aghapy Group Inc. (Michael Michael) [rnailto,mmichael�a7agc7.com]
Sent: Thursday, August 14, 2014 10:44 AM
To: Longman, Beth
Subject: RE: Bid Protest
Greetings,
Re.:Civic Center Plavground Shade Structure Replacement - Bid Protest
Location: Palm Desert, CA
Based on the information provided by the apparent lowest bidder, it seems that he is
using a different manufacture (Dave Bang & Assoc.) for the shade structure, Knowing
that the specification book is requiring USA Shade Structure Manif.; Accordingly, he
failed to comply with the bid requirements.
Moreover, he failed to assign the installation process to a licensed subcontractor ; that
portion of work is over 15% af the whole bid amount. Accordingly he failed to comply
with the public code requirements.
Based on the above, the apparent first bidder isn't complying with either the bid
requirements or the public code requirements.
Best Regards
Aghapy Group, Inc.
Michae! Michael
Project Manager
Ph : (661)772-7$17
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August 19, 2014
Mr. Michael Michaei
Project Manager
Aghapy Group, Inc.
10900 Hartland Street
Bakersfield, CA 93312
RE: Civic Center Playground Shade Structure Replacement— Bid Protest
Dear M�. Michael:
After review of the bid protest you submitted on August 14, 2014, we �nd that there is
no legal basis for rejecting the low bidder, Creative Contractors Corp, as non-
responsive.
Neither the Plans, Specifications, and Contract Documents, nor Addendum No. 1 for the
project, specify a requirement to use a USA Shade Structure product as alleged in your
bid protest. !n addition, T.J. Janca Construction, the subcontractor listed by Creative
Contractors Corp, is a licensed contractor (License No. 774195) holding both Ciass B
and Class D12 licenses.
Therefore, pfease be advised that we will be recommending that the City Council reject
the bid protest as failing to state any grounds upon which to sustain the protest, and
award the contract for this project to the low bidder, Creative Contractors Corp.
Sincerely,
.�'
. .' *",.� „'
4�.... � ....'
� �,?t"�, <. -'°�,
�....:.
Randy Chavez
Landscape Supervisor
RC/bl
cc: Creative Contractors Corp
David J. Erwin, City Attorney
AGREEMENT
THIS AGREEMENT is made and entered into this 28th day of Auqust, 2014, by
and between City of Palm Desert, California, hereafter called "CITY" and Creative
Contractors Corp, hereinafter called "CONTRACTOR".
WITNESSETH
RECITALS:
CONTRACTOR has submitted to CITY its Contractor's Bid for the construction of CITY
Project,
1. Civic Center Playground Shade Structure Replacement, Project No. 725-15,
Contract No. C33860, in strict accordance with the Contract Documents
identified below, CITY has accepted said Bid.
2. CONTRACTOR states that it has re-examined its CONTRACTOR'S Bid 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 Bid 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 Bid; (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; (m) Any Change Orders issued;
(n) 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 within 30 Calendar Days from the Notice to Proceed
date to the satisfaction of the Engineer.
3. Contractor agrees to indemnify, defend and save CITY and its officers, agents
and employees, and the Engineer harmless from:
1
Contract No. C33860
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 connected 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 connection 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 $500.00
per calendar day of delay.
4. 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.
5. This Agreement shall be binding upon all parties hereto and their respective
heirs, executors, administrators, successors, and assigns.
6. Contractor shall be paid in the manner set forth in the Contract Documents the
amount of its Bid 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 only 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
2
Contract No. C33860
referenced time frame may occur only for good cause following written approval
of the City of Palm Desert.
7. Execution of the Agreement by the parties constitutes their agreement to 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.
CONTRACTOR:
BY: ATTEST BY:
Signature to be notarized
TITLE: TITLE:
CITY:
BY: ATTEST BY:
TITLE: Mavor of Palm Desert, CA TITLE: City Clerk of Palm Desert, CA
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
MARK GREENWOOD, P.E. DAVID J. ERWIN
DIRECTOR OF PUBLIC WORKS CITY ATTORNEY
3
Contract No. C33860
CONTRACTOR 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 (seal)
4
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has
awarded to Creative Contractors Corp hereinafter designated as the
"Principal", a contract for:
CIVIC CENTER PLAYGROUND SHADE STRUCTURE REPLACEMENT
PROJECT NO. 725-15
CONTRACT NO. C33860
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, Creative Contractors Corp 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
Seventy Thousand Eight Hundred Eiyhty Eiqht-five and no/100 Dollars ($70,885.00),
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 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
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.
Page 1
Contract No. C33860
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
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
Page 2
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as
"Obligee") has awarded to Creative Contractors Corp (hereinafter designated as the
"CONTRACTOR"), an agreement dated Auqust 28, 2014 described as follows: Civic
Center Playground Shade Structure Replacement, Project No. 725-15, Contract
No. C33860, (hereinafter referred to as the "Contract"); and
WHEREAS, said CONTRACTOR is required to furnish a bond in connection with said
Contract, and pursuant to Section 9100 of the California Civil Code;
NOW, THEREFORE, we, Creative Contractors Corp , the undersigned
CONTRACTOR, as Principal, and
a corporation organized and existing 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 payment notices under
Section 9100 of the California Civil Code, in the sum of Seventy Thousand Eight
Hundred Eighty Eiqht-five and no/100 Dollars ($70,885.00�, 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 assigns, 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 Unemployment Insurance Code with respect to such work and labor as
required by the provisions of Section 9100 et seq. 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 Sureties 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 corporations entitled to serve stop
payment notices under Section 9100 of the Civil Code, so as to give a right of action to
them or their assigns in any suit brought upon this bond.
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
Page 1
Contract No. C33860
performed thereunder or the Specifications accompanying the same shall in any way
affect its obligations 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
reasonable 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:
(Typed Name of CONTRACTOR) (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 defined 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
California if different from above)
Page 2
Contract No. C33860
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 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.
Page 3
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1y
BUILDING A SAFER PLAYGROUND
P. 0. Box 80784• Rancho Santa Margarita, CA 92688-07'84 • Phone (949) 858-5902 • Fax (949) 858-0113
State License#636734
August 11,2014
Office of Ciry Cle=k
City of Palm Desert
73-510 Fred Waring Dxive
Palm Desert,CA 92260
Re: Civic Center Playground
Shade Structure Replacement
Project No. 725-15
Contract No.C338GQ
Dear Sir or Madam:
I am interested in bidding on the above-mentioned project and have enclosed the following
documents for your reviews:
♦ Contractors Bid
♦ Infoxmadon Required of Bidder
♦ Non-Collusion Declaration
♦ Bidder's Bond
♦ Certificates of Insuxance
Please note,there are a few items I would like to address regarding mp bid.
♦ P�ndrrct Prn/w.ad-Proposing Custom Canopies for Hip Shades and Pro-Tect Turf
for PIP Rubber Safety Surface('mstallation by TJ Janca Constructeon).
♦ Footi�rg Remo�al -Bid price has been based upon ea�isting Shade Shelter footings
not exceeding 2'W x 4'D
♦ Inrurance—Bid price does not include Pmfessional Liabiliry Insurance.
Thank you for the opportunity to bid on this project. Please feel free to contact me if you
should have any questions.
Sincerely,
�� �/
Etic Biddle
CEO
., J�.
t "
C —CONTRACTOR'S BID
CIVIC CENTER PLAYGRDUND SHADE STRUCTURE REPLACEMENT
PRO.lECT NO. 725-15
CONTRACT NO. C33860
TO: CITY 4F PALM DESERT, "CITY°
DATE: ��� �S� �I �� i"}'
BIDDER: C�e �1 Y�--��n� C {'�rs �C�Y.p GCONTRACTOR"
The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the
Contract Documents for the construction of, Civic Center Playground Shade Structure
Replacement, Project No. 725-15, Contraet No. C33860, hereby proposes to co struct
the work in accordance with the Contract Documents, including Addenda No(s).�for
the amount stated in this Bid.
By submitting this Bid, CONTRACTOR agrees with CITY:
1. That unless withdrawn in person by CONTRACTOR ar some person authorized
in writing by CONTRACTOR before the time specified in the Notice Inviting Bids
for the public opening of bids, this Bid constitutes an irrevocabte offer for 60
calendar days after that date.
2. The CITY has the right to reject any or all Bids and to waive any irregularities or
informalities contained in a Bid.
3. That the contract shall be awarcied only by the goveming body of CITY. Said
contract shall only be deemed awarded after the CONTRACTOR'S complete
submissian of al! contract documents, bonds, insurance documentation, and the
CITY shail obtain alt necessary signatures of the goveming bady, at which time
the contract shall be deemed awarded.
4. To submit to CITY such information as CITY may require to determine the
Bidder's ftnancial standing experience and to perform the work.
5. That the accompanying certified or cashier's check or Bid Bond constitutes a
guarantee that if awarded the contract, CONTRACTOR will execute the
Agreement and deliver the required bonds and certificates af insurance within 10
days after notice of award. !f CONTRACTOR fails to execute and deliver said
documents, the check or bond is to be charged with the costs of the resultant
damages to CITY, including but not limited to publication costs, the diffe�ence in
money between the amount bid and the amount in excess of the bid which costs
CtTY to do or cause to be done the work involved, lease and rental oosts,
additional salaries and overhead, increased interest and costs of funding the
project, attamey expense, additional engineering and archite�tural e�cpense ar�d
Page C-1
. .
,.. .
cost of maintaining or construction altemate facilities occasioned by the failure to
execute and deliver said documents.
I# 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
pertormed, subject to such adjustment and alterations as elsewhere provided herein.
, �. f, �� � � � �r ,,. a" �" r�"..
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, . . . .�C - iui���«�*.*��n�x.;���` .
1 Mobilization 1 LS �3�q� $ 3�t�O
2 Clearing and Grubbing and Remova( 1 LS $
East Shade Structure 1 LS $ $
3 (Approximate4y 24'x40') t 3�� C -�1-3�
Minimum 12' Entry Height �j
West Shade Structure 1 LS $ $
4 (Approximately 40'x40')
Minimum 14' Entry Height 1�5 aC�� I�-�
l
Poured in place rubber playground 1 LS $ $
5 surfacing �a aa�
,
TOTAL BID PRICE $
�� ��� �
The costs of any work shown or required in the Plans and Spec�catio , but not
specifically identified as a Pay Item, are included in the related Pay Item(s), and no
additional compensation shall be due the C�NTRACTOR by virtue of CONTRACTOR'S
compliance with the Plans and Specifications.
TOTAL AMOUNT BASE BID tN FIGURES$ � � ��� �
TOTAL AMOUNT BASE BID IN WORDS � .v Ptl��_`I`�l���Y'C�
L c C��' U�G�t-P(� � C�-�—h1 � �i 1��-- � 1''0(f' �."'"'"_.
.�—r
IN WITNESS WHEREOF CONTRACTOR executed this Bid as of date set forth on
Page C-1: � �
ey: G7iz.
Signature
Title:
r� c���d dl -e. �=�:.�
CONT CTOR
Page C-2
State of Cal�ornia )
)
County of �
Subscribed and sworn to (or a�rmed) before me on this �1 day of
(month), �/y (year), by E�� � ���D� �
, proved to me on the basis of satisfactory evidence to be the person
who appeared befare me.
.
Signature of Notary �-��u- . � (Seai of Notary)
EON~AIN Rll�E�
��lon#190t6�9
�fl PubNc-C�IifonMa
Ormpe Co��
Comm. irtt Oct 17,2011
Page C-3
D — INF4RMATION REQUiRED OF BIDDER
TO ACCOMPANY BID
The bidder is required to supply the following information. Additional sheets may be
attached if necessary.
(1) Company Name � I ` 1� S C;� �
(2) Address �C��"Q�`1 ���r Y,��� �� l`�'� l:�
1 c�-� �
(3) Telephone No. ��� �� �S r6 "' �j � �� �j
(4) Type of Firm (individual, Partnership or Corporation) �C�''�
(5) Corporation organized under the laws of the State of ��
(6) Contractor's License No.�D��'�� Exp. Date � � '�
(7) List the names and addresses of all owners of the firm or names and titles of all
o�cers of the corporation:
�ri c.g�c�d.l er �Eo ee �►d d. c-F�C�
a� ��,-,��s� � �� a5 �.,; sw ��
I�'l�sS�c�r-} V i e i4 �. `��9�; �, ssi c�r��i e �o G� �� �
(8) Number of years'experience as a Contractor in consiruction work
(9) Pursuant to Califomia Public Contracting Code, Section 4100 et. Seq., the
following list gives the name business address, and portion of work (description
of worlc to be done) for each subcontracto� that will be used in the work if the
bidder is awarded the Contract, {Additional supporting data may be attached to
this page. Each page shafl be sequentially numbered, and headed °Proposed
Contractors" and shatl be signed.) The Bidder shall list atl subcontractors who
will perform work or labor or render service to the prime contractor in excess of
one-half of one percent of the prime's bid.
Subcontractor's Name: �- � ✓�,1��� ti„vr ����� ._..�-�
License Number:
� � � � � �j �
Business Address: o�3 � �;j -�_�� e C.� �c�(�
Telephone: �-I�-{� 1 q� I �' -3� � .�
Work Description:-� ���I ro-Te c f- Percent of Work: i S��,
�1'Isr-� P1 C' �2t� e�'
Page D-1
Subcontractor's Name:
License Number:
Business Address:
Telephone:
Work Description: Percen of Work:
Subcontractor's Name: �
License Number:
Business Address:
Telephone:
Work Description: Percent of Work•
Subcontractor's Name:�� !-r
License Number:
Business Address:
Telephone:
Work Description: Percent of Work:
(10) List the name of th �or�yv�vo inspected the site of the proposed work fo�your
firm _ �1�(' �' (�)
(11) A financial statement or other iriformation and references sufficiently
comprehensive to permit an appraisal of your current financial condition may be
required by the City.
(12) Contractor hereby swears under penalty of perjury that this information provided
is true an correct.
�� ��� { �{
By: I� Titie: ��1 C.� ��-1.��I �r�
Signature Contractor
Page D-2
♦
E — NONCOLLUSION DECLARATION
To be Executed by Bidder and Submitted with Bid
The undersigned declares:
I am the �, �� of�'o�'rY� � � ��� the
party making the foregoing bid. The bid is not made in the interest of, or on bel�alf of,
any undisciosed person, partnership, company, association, organization, or
corporation. The bid is genuine and not collusive or sham. The bidder has not directly
or indirectly induced or solicited any other bidder to put in a false or sham bid. The
bidder has nat directly or indirectty cotluded, conspired, connived, or agreed with any
bidder or anyone else to put in a sham bid, or to refrain from bidding. 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. All
statements contained in the bid are true. The bidder has not, directly or indirectly,
submitted his or her bid price or any breakdown thereof, or the contents thereof, or
divufged information or data relative thereto, to any corporation, partnership, company,
association, organization, bid depository, or to any member or agent thereof, to
effectuate a collusive or sham bid, and has not paid, and will not pay, any person or
entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation,
partnership, joint venture, limited liabitity company, limited liability pa�tnership, or any
other entity, hereby represents that he or she has fuil power to execute, and does
execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of Califomia that
the foregoing is trve and carrect and that this declaration is executed on
I�.t�. � � 1 , Zp,L�, at M t s,��pr1��`�L\ � , �
city �tate
By: ��� � -�'''--'�
Signature
Title:T�V ►C..-����1� '� ��L�
CONTRACTOR
Page E-1
-,
� Bond No.CRECO-069
F—BiDDER'S BOND
To Accanpa�y 81d
KNOW A�L MEN BY'T�1ESE PRESENTS,
'rn�yYe�Creativ_�e Contractors Corporation � ��
�North American S ci I Insurance Com n �q g��� �e �� 8�
firrnly bound unto tfie Tty c�f Pa�n DeSe�t it�the sum of$Ten(10%)Percent* (1 po� pt bid)
to be p�id lo the said ity or its cerlein attomey, its suasssors and assigns; for which
paYment� we� ar�d t ly to be made. we bind ourselves, our heirs� eocecutors and
administrabas,su«�e rs or assigns.jointiy and severaby. Pirmy by these preserrts.
*of the Total Amount Bid
THE CC>NDITlON OF fiHIS OBLlGATION iS SUCH, that if the c�rtain bid ofi fhe abov�e
bounden principal to p�rform c�ert�n work described as follaws:
CIVIC CENTEi}PLAYGROUND SHADE STRUCTURE REPLACEMENT
PR�JECT NO.72B•18
COI�iTRACT NO.C33�60
The general items of ric to be ddti� hereunder consist of removing existiRq shade
slructures, incl�di►g 'ngs; tnstail new shade structures and removing and repladng
poured in ptaoe rubber playground surE�cing.
�d��Au usc t3,2ola is acxepted by�e Clty of Palm Desert,
and if the sbove boun pri�lClp81 Creative Contractors orooration g�p
duly e�er inb and ute s «.�onntraa for stx�t consbudion, ena sttisN exacute and
de6ver U�e Pe�farrna Bond and PaymeM Bond and ins�ranoe certi�fic�tss as r�equir+ed
bY sdid coM►�ct,•then is ob�ation shalt becotme nW ar�i vofd; �wise it shap be
and ramain in fua and el�ect.
S#�utd it become for the Ciiy to ir�s6id�te a I�wusu�, or any o�er Ieg�
prooeeding b� enl�or B'�e �em�s and t:ondi�ons ot this bond, 11ten aN casts of said
p'0°�d��9.��+�9 �eY�� st�a!!be awarded�a the pre�parly.
jRenr�der of thls pag�e has irtt+s�bsen IeR bf�k
St��ature bbc�,s ars conteined o,n the next pagej
Page F 1
IN WITNESS WHERE��,We hereurKo set our Hands arxi Seais this ��h day
of nubus� _20�4. ,
Contractor's N$me', Crcativc Contractors Corporation
. � G�2��
cor�tractors sigrndture: G-�--
Title:� �I'1 C._�i Gl�� '' —
Address: �'•O.Box 80784,Rancho Santa Margarita,CA 92688
Teiephone: 949-295-9108
S11r6ty'S Nati19:North Am c S ecia lnsu c Co n
SUr1�l'S SIg(18tU�: � °
Tj�g: Attorney-In-Fact,Rand S hn
��g�,,: 6 Hutton Centre Driv ,Suite 850,Santa Ana,CA 92707
Telephone:714-550-7799
Acknowledgmerrt
State of Califomia )
)
County of ______,
� before me,
pe�soneay appeared_
who pro�ad to me on the besis of
sabsfacrory evidence t be the person(s)whose narne(s) is/are subsaibed to the w�hin
Enst►urr+eirt and ac�v�ov�rledged to me that t�elshellhey e�cecuted fhe same!n htslF�erltheir
authorized capacity(�' , and that by hisiherAheir signatur�(s) on fhe instrument th�
person(s}, � the entily upon behalf of which ihe persat(s) acted, executed the
i�t�u�
I certify under PENALT�OF PERJURY under the laws of the Stafie of Cafitnmia that the
fore9an9 pera9raph is frue and oomac:t.
WITNESS my h�d and aflicial se�.
Signah,re ��n
Page F 2
NAS SURETI'GROUP
NORTH AMERICAN SPECIALTl'INSURANCE COMPANY
WASNINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POVVER OF ATTORNEY
KNOW ALL MI:N 13Y THESI:PRrSGN'1'S.'FI IA'f Narth Amcrican S�ciuh� insurancc Cnm�ny,a corporation dul�organi-r.cd anJ c�isting un�r
lu��s of the 5ta1e oPNc��•Ilnmpshirc.and hu��ing its principni otlice in the Cily c�l'Munchester.Ne��{lampshire,and Washington intemulional
Insur.�ixc Compan�,u cor�wration or�unizcd anJ cxixting unckr thc lu��s ofthe State ofNea I lumpshire and ha��in�its principal uftice in the City ol'
Schaumburg.lllinois.cuch docs hcrcby mukc.canstitutc und appoint:
RANDY SPOHN und MATTHCW R.DOBYNS
JOINTLY OR SEVERALLY
Its true and IAa�ful Attarney(s�in-Facl.to mnke.e�ecute.seal and deli��er,Por nnd on its behulf nnd as its acl and deed.bonds or o�her��ritings
obligalury in thc nuturc u!'n bond on behalf uf cach of�aid ComJxmies,us surcty.on contrncls ol'suretyship as are or may bc required or�ern�itted bp
la���,regulation.contrnct or othenvise.provided that no bond or undertaking or contrac!or suretyship etecuted under this authorit��sholl exceed the
umount of
FIFTY MILLION(�50,000,000.04)DOLLARS
1'his Po�rer of Attorney is granted u»d is signed b� locsimilc under und by Ihe aWhority of lhe folb��in�Resolutions adopted b� tl�c Boarcls uf
Uirectors of both North American Specialty Insurnnce Company and Washington Intemotional Insumnce Compan� ut meetings duly called and hcld
on the 9'�of Ma�.2012:
"RGSOLVI:D,that any h�o of the Presidcnts,am•Managing pimctor,an� Senior Vice Presiden�an��Vice President.any Assistant Vice Pmsident.
thc Secrctan�or an��Assistunt Secrclary be,und each or any ol'them hereb�•is authorized to execute u Po�ver ol'Ariomep quulifying the auorney namcd
in the given Po�rer ol'Auomey to executc on bchalf oi'the Compnny bonds.undertakings And all contr�cts of surety.and that ench ar any of them
hcrcby is authorized tu attest to the e�ecution ol'an��such Po�ver of Attorne�and�o attnch therein the seal of the Company: and it is
FURTHER RGSOLVGD.tlwt the signalure of such o�cers nnd the seal ol'the Compuny mAy fx ol1'ixed lo nny such Po���er of Atlorney ur to any
ccrtil7cute rclating therelo by locsimile.and an� such Po��er of AUomey or certilicate benring such facsimile signatures or IAcsimile seol shall be
binding u�n the Company when so alli�ed ond in the future�vith rcgurd to�ny lxmd.undertaking or contract ol'suret��lo which it is uttached:'
�wnxwr
�TM�� Br
� ��. ���- ���;�.
= i S� �= Ste��e�P.Aedensn.Seelor�'ke Preddnt of�t'�skl��w Mh+e�dowl lwnncc Comp�ar r�� 5'�j•i
�� 1�• f ef� �Seaior 17ce P�tdde�l ofl�wlb AiutAew 5peddg tllrraner Cunp�n� 6 f
��� O
M1•• ��«�� �� �_ ��1[
� ! �
U�rid M.I�yfwa.Ykr P�eade��f\Yrhla�lon lo�ematisod tawnnce faop�oy �
&\7ce Wnideul af W rtb Amerieae Speelalty Inrira�ce Campm7
IN Wl'fNESS WHCREOF.North American Specialty Insuranee Company und Washington Inlemutional lnsurance Compuny have caused their
oflicial senls to be hereunto alTuced and these presents to be signed by their aut6orized o�cers this26th duy of June Z��2
North American Specislty Insurance Company
�Vsshington lnternwtional iasnrnace Compan�•
State af Illinois
Counry of Cook ss:
Qn this 26�dcry of 1u� ,20�?,before me.a Notary Public personally appeared Sieven P.Anderson .Senior Vice President of
Washington Internaiional Insurance Compnny and Senior Vice President of North American Specialq Incurance Compuny and David M.Layman,
Vicc Presidenl of Wushington lntemational Insurance Company and Vicc President oPNoAh American Specialty Insuronce Company.
per.�onally kno��m Io me,who being by me duly siuom.ackno�vledged that they signed the abo�e Po�ver of Attomey us officers of and
ackno��°ledged said instrument to be ihe voluntary act and deed of their respecti��e compapies.
~ �''"���..,�,df,Yf�•.l1
OI�UD.$[1�VS
����� Donna D.Sklens.Notary Public
CariNloo 1Q04�2DIS
L .lefl'm�Goldbere _ ihe duly elected __Assistant Secretary ofNorlh Americun Specialty Insur�nce Company and Washin�ton
International Insu�ance Company,do hereby certify that the abo�e and foregoing is a true and correcl copy of a Poa•er of Attomey given by said Norlh
Ameriran Special�� insurs►nce Company and Washington Internntionat lnsurancc Com�rany.�+•hicfi is slill in full force and effecl.
IN W17NI:SS WIlI:REOF.I have set my hand und affixed the seuls of the Companies this 7 day of August ,20 14 ,
a��G�7
�Ar«•c�e.w�r�aw a,��s��y ar
WaeMnBbn MMarwaul M�smana<'a�ywry•t t�i�An�a�an Speodn lnsnanae Conpan>
.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
Coun�o NG
On � � � before me. ERIKA GUIDO, NOTARY PUBIIC,
personally appeared RANDY SPOHN
� who proved to me on the basis of satisfactory evidence to be the person(-si
whose name(�} is/a�e subscribed to the within instrument and
acknowledged to me that he/s�e/�executed the same in his/#�/#�qei�
authorized capacity{�}, and that by his/I�/�ei�signature{�on the
instrument the person{�, or the entity upon behalf of which the person{�}
acted, executed the instrument.
I certify under PENALTY OF PERIURY under the laws of the State of
California that the foregoing paragraph is true and correct.
�pnruW��'• ���
•-- �--�� � WITNESS m d and official seal.
ERi�,cuioo � y
g connM.#2o22s7� �
� NOTAHY PUBLIC CALI�ORNIA�
3 ORANGE COUNTY �
icomm.expkes May 5,2017
' na of ry
Though the data below is rtot required by law,it may prove valuable to persons relying on the document and
coutd prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIP'TION OF ATTACHED DOCUMENT
❑ INDMDUAL
❑ CORPORATE OFFICER
❑ PARTNER(S) ❑ LIMITED
� ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
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PLAYGROUl�lD RUBBER SURFACING
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Pour¢d-In-Plaee R¢�ycl¢t1 • Soft and playground-durable
Rubb¢r Surfaeing for - • Industry-leading warranty
Playgrounds, Wat¢r Ptay, . locally-owned and operated
Child Car¢ Cent¢rs,
Watkways, Jogging Tra�k�� • Meets CA standards
Kids Safety, Landstapi�g ; for fall height triteria
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�'�`` • tPEMA certified
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Contact us for ali of your park,
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playground, school, doycore, church, HOA,
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Our consultants wi{I work with you to make your
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A�ORD° CERTIFICATE OF 1.IABILiTY INSURANCE �" "°"°°""�
06/30I2014
THIS CER71FtCATE IS 13SUED AS A MATTER OF INFORMATION ONLY AND CONPERS NO RIGHTS UPON THE CERflFICATE HOLDER.THlS
CERTIFICATE DOES NOT AFFfRMA7NELY OR NEGATNELY AAAAAEND, EXTEND OR ALTER THE COVERA{3E AFFOttDED BY THE POLJCIES
BELOW. THIS CERTIFlCATE OF INSURANCE DOES NOT CONSTITUTE A GONTRACT BE7YVEEN THE ISSUMiCs INS[1RER{S), AUTHOR�ED
R ENTATNE PRODUCE AND THE CERTI LDER.
xaPorzra�rr: e n�a can�caoa traaer ts an noomow�oasu�o. rna pa�ryNs) must ea e�aorsad. ir suertor�►noN ts waveo,suqeec ro
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Chatsaorth CA 91311 RF:
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THIS IS TO CERTIFY THAT TME POLfC1ES OF INSURANCE IISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERI00
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COVERAGES CERTIFtCATE NUMBER: 1 REV1310N NUMBER:278
TNIS fS TC CERTIFY 7HAT TME PDLICIES OF INSURANCE USTEO BELOW HAVE BEEN 155UED TO 7HE INSURED AIAMED A60NE FOR T}tE POLICY PERIOD
INOICATEO. NOTIMTHSTANDING ANY RE�UIREMENT,TERM�t CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VNTH RESPECT TO WHICH THIS
CERTIFiCATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES OESCRIBED HEREIN tS SUBJECT TO ALL THE 7ERMS,
EXCWSIONS ANO CaNDITIONS OF SUCH POLIGEB.UAIITS SHOYNV MAY NAVE BEEN REDUCED BY PAIO CWMS.
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�1988•20'tQ ACORD CORPORATION. Afi�Iyhts reserved.
ACORO 28(2010l03) Tf�e ACOR�name and lopo aro marks of p�pRp