HomeMy WebLinkAboutHA29410B - Awrd - Carlos Ortega Villas 825-11 Contract No. HA29410B
PALM DESERT H�OUSING AUTHORITY
STAFF REPORT
REQUEST: AUTHORIZE AWARD OF CONTRACT NO. HA29410B TO
OPTIMUS CONSTRUCTION, INC., GLENDALE, CALIFORNIA,
FOR CONSTRUCTION OF THE CARLOS ORTEGA VILLAS
PROJECT IN AN AMOUNT NOT TO EXCEED $15,423,351.39
(PROJECT NO. 825-11)
SUBMITTED BY: Heather Buck, Project Coordinator
CONTRACTOR: Optimus Construction, Inc.
440 Western Avenue, Suite 202
Glendale, CA 91201
DATE: July 10, 2014
CONTENTS: Contractor's Bid
Contract Agreement and Bonds
June 4, 2014, Letter indicating Clerical Error
June 9, 2014, Letter requesting Relief from Bid
June 13, 2014, Letter requesting Withdrawal of Relief from Bid
June 27, 2014 Subcontractor Substitution Hearing Decision
June 25, 2014, Bid Protest from ProWest PCM, Inc.
June 27, 2014, Response to Protest from Optimus Construction, Inc.
Recommendation
By Minute Motion that the Authority Board:
1. Approve Optimus' request to withdraw its Relief from Bid letter;
2. Approve the substitution of Floor Technology Group with Residential
Design Services;
3. Approve the substitution of Builder's Choice Roofing Company with
DBR Premium, Inc.;
4. Reject all bid protests;
5. Authorize the award of Contract No. HA29410B to Optimus
Construction, Inc., Glendale, California, for construction of the Carlos
Ortega Villas project in an amount not to exceed $15,423,351.39
(Project No. 825-11);
G:\PubWorks\PROJECTS\825-11 Carlos Ortega Villas\Staff Reports�2014-07-10 SR - Award COV Construction Contract No
HA294106\SR-Award HA29410B to Optimus for Construction of COV.doc
72500.00199\9066264.2
Staff Report
Award Contract No. HA29410B to Optimus for construction of the Carlos Ortega Viilas
Page 2 of 6
July 10, 2014
6. Authorize the Finance Director to set aside the amount of
$1,542,335.13 as 10 percent contingency;
7. Authorize the Executive Director to approve Change Orders up to the
amount of $100,000.00 per occurrence in the aggregate amount not to
exceed the 100 percent of the contingency ($1,542,335.13);
8. Authorize the Executive Director to make payments, in cases of
exigencies and in amounts not to exceed $100,000, to agencies and
utilities for costs related to construction of the project that may be in
excess of his current authorization; and
9. Authorize the Chairman to execute the Agreement.
Funds are available in Housing Authority Capital Improvements Account No. 871-8691-
466-4001.
Strateqic Plan Obiective
The construction of the Carlos Ortega Villas contributes to the Strategic Plan priorities
for Land Use, Housing & Open Space; Energy & Sustainability; and Transportation.
The project contributes to these goals through:
• Development of high-quality housing for people of all income levels
• Reduction of per capita consumption of energy and water
• Greater usage of more sustainable materials
• Development of the project as net zero energy in design
• Exceeding the current Coachella Valley Water District efficiency
standards.
• Creating a walkable neighborhood and area that includes residential,
retail, services and employment centers, and parks, recreation and open
space to reduce the use of low occupancy vehicles.
Commission Recommendation
The Housing Commission reviewed the recommendation at the regularly scheduled
meeting of July 9, 2014. Staff will provide a verbal report upon request of the Authority
Board.
Executive Summary
Approval of this request authorizes the Chairman to execute the Agreement for
construction with Optimus Construction, Inc., for the Carlos Ortega Villas project.
72500.00199\9066264.2
Staff Report
Award Contract No. HA294106 to Optimus for construction of the Carlos Ortega Villas
Page 3 of 6
July 10, 2014
Construction is anticipated to commence in August 2014. The construction will take 14
months to complete.
Backqround
The Carlos Ortega Villas is a 72-unit affordable senior housing project, located on
approximately 3.9 acres at the intersection of Washington Street and Avenue of the
States. Carlos Ortega Villas will be a flagship project, incorporating the latest in energy
efficiencies into both design and construction with the ultimate goal being a net-zero
energy project.
On April 8, 2010, the Palm Desert Redevelopment Agency Board ("Agency Board")
authorized the Executive Director to contract with Interactive Design Corporation (IDC)
for architectural services for the Carlos Ortega Villas. Since 2011, staff's ability to move
this project forward has been limited by the dissolution of the former Palm Desert
Redevelopment Agency ("Agency"). Despite this, the project entitlement process was
completed and the project design approved by the Successor Agency/Housing Authority
on March 22, 2012.
As a requirement of the State Department of Finance, a Bond Proceeds Funding
Agreement was approved to facilitate this project by the Oversight Board on October 7,
2013, and by the Authority Board on October 10, 2013.
On April 23 and April 30, 2014, staff advertised the Notice Inviting Bids for the Carlos
Ortega Villas project, and on June 2, 2014, sealed bids were opened by the City Clerk.
Below is a summary of the bids received:
Com an Name Cit Base Bid
O timus Construction, Inc. Glendale $15,423,351.39
ProWest Constructors Wildomar $17,052,385.00
Dou Wall Construction, Inc. Bermuda Dunes $17,521,057.65
The Sun Group Costa Mesa $18,694,316.00
Morillo Construction, Inc. Pasadena $18,764,843.00
An eles Contractor, Inc. Buena Park $19,497,986.02
Gee-Ar-Gee Construction North Palm Springs Non responsive
Compan , Inc.
Optimus Construction, Inc., located in Glendale, California, was the apparent lowest
bidder. On June 4 staff received correspondence from Optimus declaring a clerical
error was made on their Designation of Subcontractor form by listing two roofing
subcontractors and two flooring subcontractors (see attached). On June 9 Optimus
submitted a letter requesting Relief from Bid due to inadvertent clerical error (see
attached). Then, on June 23, Optimus submitted a letter withdrawing the Relief from
Bid letter and requesting to proceed with a subcontractor substitution pursuant to Public
Contract Code Section 4107.5 (see attached).
72500.00199\9066264.2
Staff Report
Award Contract No. HA29410B to Optimus for construction of the Carlos Ortega Villas
Page 4 of 6
July 10, 2014
Subcontractor Substitution
In accordance with Public Contract Code Sections 4107 and 4107.5 and Sections
3.30.190 and 3.30.200 of the Palm Desert Municipal Code, written notice of a
subcontractor substitution hearing scheduled for June 24, 2014, was given to the two
roofing subcontractors and the two flooring subcontractors listed in Optimus'
Designation of Subcontractor form. No objections were received regarding the flooring
subcontractor substitution. Builder's Choice Roofing Company (Builder's Choice)
submitted a written objection to the roofing subcontractor substitution.
Pursuant to Public Contract Code Section 4107.5, the subcontractor substitution
hearing was conducted on June 24. Following review of affidavits, declarations,
testimony and other evidence submitted by the parties, the hearing officer granted
Optimus' request for substitution of Residential Design Services for Floor Technology
Group, and for substitution of DBR Premium, Inc., for Builder's Choice. The hearing
officer concluded that in both cases, no compelling evidence was presented that
demonstrated that the listing of Floor Technology Group and Builder's Choice was
anything but an inadvertent clerical error. A copy of the Subcontractor Substitution
Request Hearing Officer Decision dated June 27, 2014, is attached.
Bid Protest
On June 25, 2014, staff received a letter from ProWest PCM, Inc. ("ProWest"),
protesting the intended award of the contract for the construction of the Carlos Ortega
Villas to Optimus (see attached).
Staff has reviewed this protest with legal counsel and recommends rejection of the bid
protest. As a threshold matter, the Authority has broad discretion to determine
responsiveness and may accept a responsive bid even if there are minor irregularities
or mistakes, as long as such mistakes do not affect the price of the bid or otherwise give
a bidder an unfair competitive advantage. (See Menefee v. County of Fresno (1985)
163 Cal. App. 3d 1175; Ghilloti Construction Co. v. City of Richmond (1996) 45
Cal.App.4th 897.) ProWest's protest asserts that Optimus' bid is nonresponsive
because it double listed subcontractors and omitted subcontractors in the Designation
of Subcontractor form.
The California Attorney General has opined that a public entity may accept a bid where
a violation of the Subcontracting and Subletting Fair Practices Act has occurred. (86
Cal.Ops.Atty.Gen 90 (2003).) Further, as noted above, in compliance with the
Subletting and Subcontracting Fair Practices Act, a subcontractor substitution hearing
was conducted on the matter of the double listed subcontractors for flooring and roofing.
In both cases, the hearing officer concluded that a subcontractor substitution was
permissible based on the lack of compelling evidence demonstrating that the double
listing of subcontractors was anything but an inadvertent clerical error. With respect to
Optimus' alleged omission of subcontractors, the Authority will require Optimus to self-
perform all such work in accordance with Public Contract Code Section 4106. Optimus
has additionally provided a written response to ProWest's protest, a copy of which is
attached.
72500.00199\9066264.2
Staff Report
Award Contract No. HA294106 to Optimus for construction of the Carlos Ortega Villas
Page 5 of 6
July 10, 2014
Therefore, staff recommends that the Authority Board reject ProWest's protest as
meritless, approve Optimus' request to substitute Residential Design Services for Floor
Technology Group, and DBR Premium, Inc., for Builder's Choice Roofing Company,
and award the Agreement for construction to Optimus, the lowest responsible bidder
submitting a responsive bid. Staff has reviewed Optimus' qualifications and found them
to be in accordance with the type of work to be performed under the Agreement for
construction. Optimus recently successfully completed the Coral Mountain Apartment
Homes in La Quinta, which is a comparable affordable housing development.
Executive Director Authorization
The Executive Director's authority to approve expenditures is limited per the Palm
Desert Municipal Code. Staff requests authorization for the Executive Director to
approve expenditures related to this construction project in excess of his approved
authority for the following reasons:
• The construction schedule is aggressive.
• To minimize delays to the Contractor. Delays could increase the cost of the
project to the Authority.
• To keep the project moving to minimize disruption to adjacent residents,
businesses, and traffic.
• Staff understands there is a possibility the contractor will encounter unforeseen
conditions because this is an in-fill project on a previously developed site.
Therefore, staff recommends that the Executive Director be authorized to approve
Change Orders related to construction up to $100,000.00 per occurrence and
$1,542,335.13 aggregate (equal to 100% of the contract contingency). A report of
Change Orders approved by the Executive Director will be brought to the Authority
Board at the next regularly scheduled meeting for informational purposes.
Additionally, staff recommends that the Executive Director be authorized to make
payments in cases of exigencies and in amounts not to exceed $100,000, that may be
above his normal authority for utilities, outside agencies, City of Palm Desert (for plan
check and permits), etc., related to construction of the project. Fees will be based upon
invoices to be submitted to the Housing Authority as they are available. Such costs
may include, but are not limited to:
• Permit fees
• School fees
• Utility fees
• Plan check fees for deferred submittals (i.e. fire sprinklers, trusses, pool)
72500.00199\9066264.2
Staff Report
Award Contract No. HA29410B to Optimus for construction of the Carlos Ortega Vilias
Page 6 of 6
July 10, 2014
Fiscal Analysis
The estimated costs for the project are listed on ROPS lines 171 and 186. Although the
Housing Authority would initially advance the funds for this work, the SARDA may
reimburse the Authority for the costs from bond proceeds. The 2007 Housing Set-Aside
bond issuance included the Carlos Ortega Villas as a project in the bond covenants.
As a requirement of the State Department of Finance, a Bond Proceeds Funding
Agreement was approved to facilitate this purpose by the Oversighf Board on
October 7, 2013, and by the Authority Board on October 10, 2013.
Submitted By:
��~���--'' � ,��i .
He ta her Buck, Project Coordinator net oore, Direc or of Housing
����
rtin Alvarez Rudy costa
Director of Eco omic Development Assistant City Manager
Reviewed:
����
Paul S. Gi s n, Director of Finance
Approval: '
�./ c�T�v �
John . Wohlmuth, Executive Director , : ,
72500.00199\9066264.2
��
� � PRO EST
CONSTRUCTORS � �
� ��
n�
June 30, 2014 � o�m
� -��rn
cn��
Ms. Heather Buck � r�o�
City Council cra ��
City of Palm Desert � ��
Palm Desert Civic �
73-510 Fred Waring Drive
Palm Desert, CA 92260
Re: Supplemental Letter regarding Protest of ProWest PCM, Inc. to Award of Contract for
Carlos Ortega Villas Project to Optimus Construction, Inc.
Dear Ms. Buck:
This letter will serve as a supplement to the protest of Prowest PCM, Inc. ("ProWest") filed on June
25, 2014.
ProWest attended the Palm Desert City Council meeting on June 26, 2014. At the meeting ProWest
learned for the first time that the City had recently conducted a hearing into the request of Optimus
Construction, Inc. ("Optimus") to substitute subcontractors listed on its Designation of
Subcontractors. On June 27, 2014 ProWest requested and received a copy of the Palm Desert
Housing Authority's Hearing Officer Decision on Optimus' substitution request. ProWest has now
had an opportunity to review that decision.
Following a hearing held on June 24, 2014, the Hearing Officer concluded that Optimus had
established that its listing of two different subcontractors for the roofing and flooring requirements of
the Contract was the result of an inadvertent clerical error. The Hearing Officer determined that
Optimus' requested substitutions are appropriate under Public Contract Code sections 4107(a)(5)
and 4107.5.
The Hearing Officer's Decision does not address Optimus' request in its June 4 and 13, 2014 letters
to add subcontractors that Optimus failed to list on its Designation of Subcontractors. The reason for
the omission is obvious. Public Contract Code sections 4107 and 4107.5 only allow an agency to
grant relief where a prime contractor has listed a subcontractor by mistake and can establish the
mistake was the result of a clerical error. Those sections do not permit a public agency to allow a
prime contractor to add subcontractors that were omitted f�om the Designation for work that
exceeded the listing threshold.
The Hearing Officer's approval of Optimus' requested substitution of flooring and roofing
subcontractors has no impact on ProWest's pending protest. ProWest contends that Optimus' bid
was non-responsive because it failed to include three work requirements that gave Optimus an unfair
advantage by artificially lowering its bid price. ProWest and the other unsuccessful bidders included
hundreds of thousands of dollars in their bids for the dry utilities, metal fabrication and fire detection
requirements of the Contract. Optimus' omission of those significant requirements materially
affected its bid price and gave Optimus an unfair advantage over the bidders who correctly included
all of their work in their pricing at the time of their bids.
Page 1 of 2
ProWest PCM, Inc.22710 Palomar Street,Wildomar, CA, 92595 Telephone:951-678-1038 Facsimile: 951-678-1034
� � � PRO� EST�
CONSTRUCTf.�RS
Optimus has admitted that it failed to identify subcontractors to perform the dry utilities, metal
fabrication and fire detection requirements of the Contract; and Optimus admits it does not intend to
perform that work with its own forces. Because that omission makes Optimus' bid non-responsive,
the City is obligated to reject Optimus' bid. The omission also makes Optimus not responsible to
perform the Contract because it has acknowledged it is unable to perform the omitted requirements.
Optimus does not have the required licensing to perform the omitted work even if Optimus now
claims it will self-perform.
Public Contract Code section 4106 prevents the City from allowing Optimus to bid shop by adding
subcontractors it failed to list in its Designation of Subcontractors. Even if Optimus' total price is not
affected by the addition, it now has knowledge of the subcontractor bids used by the other bidders.
This gives Optimus an unfair advantage over other bidders and undermines the integrity of the public
contracting process.
Since no subcontractors were listed for the three trades at issue, there was no one who could have
objected to Optimus' request to add the subcontractors it omitted from its bid. ProWest has standing
to object to Optimus' request because (a) the omission makes Optimus' bid non-responsive, (b)
allowing the addition of subcontractors after award would give Optimus an unfair advantage over
other bidders, and (c) Optimus is not a responsible bidder because it lacks the required licensing to
self-perform the omitted work as required by Public Contract Code section 4106. ProWesYs protest
now puts Optimus' improper request to add omitted subcontractors at issue. ProWest objects to any
waiver by the City of the requirements of section 4106 on the grounds it would give Optimus an
unfair advantage not allowed other bidders.
Please advise how the City intends to proceed.
Sincerely,
ProWest Constructors
� ���
William E. Reifsteck II, DBIA, CRIS
Director of Preconstruction Services
Page 2 of 2
ProWest PCM, Inc. 22710 Palomar Street,Wildomar, CA, 92595 Telephone:951-678-1038 Facsimile: 951-678-1034
SECTION 00 41 13
REVJSED BID FORM
CARLOS ORTEGA VILLAS PRO.fECT
PROJECT NO. 825-11
CONTRACT NO. HA29410B
TO: PALM DESERT HOUSING AUTHORITY,"AtJTHORITY"
DATE: Tune 2.2014
BIDDER: O�timus Construction,Inc. "CONTRACTOR"
The UNDERSiGNED, "CONTRACTOR", having carefully examined the site and the Contract
Documents for the construction of, CARLOS ORTEGA VILLAS, PROJECT NO. 825-11,
CONTRACT NO. HA294106, hereby proposes to construct the work in accordance and in strict
conformity with the Plans, Specffications, and Contract Documents, including
Addenda No(s). 1.2.�nd 3 for the amount
stated in this Bid.
By submftting this Bid,CONTRACTOR agrees with AUTHORITY:
1. That uniess withdrawn in person by CONTRACTOR or some person authorized in
writing by CONTRACTOR befare the time spec�ed in the Notice Inviting Bids for the
public opening of bids, this Bid constitutes an irrevocable offer for 90 calendar days after
that date.
2. The AUTHORiTY 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 awarded only by the goveming body of AUTHORlTY. Said
contract shall ony be deemed awarded after the CONTRACTOR'S comptete submission
of all contract documents, bonds, insurance documentation, and the AUTHORITY shall
obtain all necessary signatures of the goveming body,at which time the contract shall be
deemed awarded.
4. To submit to AUTHORITY such information as AUTHORITY may require to determine
the Bidder's financial standing,experience and ability to perform the worlc.
5. The Bidder to whom award of the Contract is made shall execute a written contract with
the Authority in the form inciuded in these Contract Documents within ten(10)days from
the date of mailing of written notice of the award. This Bidder shall also secure all
insurance and Bonds as herein specifled, and provide copies therefor to the Authority,
within ten (10) days from the date of mai{ing of written notice of the award. Failure or
refusal to enter into the Contract or to conform to any of the stipulated requirements shall
be just cause for the annulment of the award and forfeiture of the Bidder's security. in
the event the Bidder to whom an award is made fails or refuses to execute the Contract
within that time, the Authority may declare the Bidders security forfeited, and the
Authority Board may award the Contract to the next lowest responsible Bidder, or may
REVISED BID FORM—ADDENDUM NO. 2
call for new bids. Where the Authority Board awards the Contract to the next lowest
responsible Bidder, pursuant to Public Contract Code Section 20174, the amount of the
lowest Bidde�'s security shaU be applied to the difference between the lowest and next
lowest bid and the surplus, if any, shall be retumed to the lowest Bidder or to his or her
Surety. If the second lowest responsible Bidder fails or refuses to execute the Contract,
the Authority Board may award the Contract to the third lowest responsibie Bidde�
pursuant to Pubiic Contract Code Section 20174.
The following items of Work shall be identified as line items. Bid amount of each of the foilowing
bid items must be filled in and compteted in figures and words. They are to be included in the
TOTAL LUMP SUM BASE BID PRICE:
Item Item Lump Sum Price
Number uanti Item Descriqtion In Fts�ures and Words
1. Lump Sum Division 00 and 01 $ ��-�t7 a'}� ,� �D
Procurement 8 Contracting Requirements (In figures)
General Requirements
Orn� w.,���a� �'v`eh Nv,nd r�cP �� tl�tx.�S�+�^��`Ct�y o�4w�t„� �v�c,nky�i,�O�l�avS .� #'o►'h�S�X�e�#S
(In Words) d
2. Lump Sum Division 03—Concrete $ (P�1 i'�}2�. l�U
(In figures)
S�X �V1C}Y�PO IV`"���U OYt��W.SQV� —F'WY �'t�c9Y'�°G� 11N�v1� '�Z.�'� �DI�CtYS�V� �—Q�S
(In Words)
3. Lump Sum Division 04—Masonry $ 1�� t�55� ba
(In flgures)
�ylc' ���Mi;' ���,��1 �G�t Vl� �G�t�c� J�X'[ 1v�'1�W'O� �j__�_4Y �11K �UI�°d"S 0.:,^c-�' yti'" t���_•i,.;_ !�`
.�
(In Words)
4. lump Sum �ivision 05—Metals $ �d c%��
(!n gures}
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(In words> J
5. Lump Sum Division 06—W�d, Plastics&Composites$ a� �� �-rv'>��!/0 E-�6
(In figures)
�W 0 M���� �� �r�Y�i� ��N{Ni`_'1 ''N`'� "Ma��7� N��+�P �tNd�'O� T�°,,� ����S � V Ib �'k�.�..A�`3
(!n Words)
REVISED BID FORM ADDENDUM NO. 2
6. Lump Sum Division 07—Therma!8�Moisture Protectfon$ 73�1, �-�Z ��U
(In flguresj
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(In Words)
7. Lump Sum Division 08—Openings $ �1�� 0 6
(in igures)
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(in Words)
8. Lump Sum Division 09—Finishes $ � � �y 2• / �
(In igures)
41�� M�1\�un ��rt►, }�v hdY,.' �r�► �Y �Ma�Sav�,a� S�W+vI (�t�Y� �Y���Wcu�"��Vj� �7yt'✓I{c2n �;e�
{in Words) ���
9. Lump Sum Division 10—Specialties $ � ',�-�. OQ
(in igures)
���v�, �tMr,t+,•�� �x�t�r�Y �v�� -5h�-�e �t�v►�tw�.P �n��i tv,� �silar� � Na ...�.,�.�-S
(In Words)
10. Lump Sum Division 11 —Equipment $ � ,� 2
1 figures}
Qwe }�v nd v�r.r S X���1 �1o����nv�r� C�1f �;����.Y�� �1 y�p jk t�a tS $ ����,��`���S�r� C.�v�•�
(in Words) �
{
11. Lump Sum Division 12—Fumishings $ ��``�,, �� � �'�--'
(In figures)
OY�� 1�c1v►d�a� S►X�t ���E' -1v1a.��,��t�l �v'�° 4��r���'�� �ey�Pv��-t '�:�c'v� �c:j���� , � �-�� u-�,��;1�
{In Words) �
12. Lump Sum Division 13—Special Construction $ i� Z�Q�.5, �<"-�'
(In f�gures)
, �
. `k
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� _
(In Words)
13. Lump Sum Division 21 —Fire Suppression $ �� �� �`������
(In figures)
4N'� �d�'d �i�h�otir ��S�� d� (�t�t+QrP� =�=i�'�"N �11r��; � v���, �-���..�`>
{in Words)
REVISED BtD FORM—AD�ENDUM NO. 2
14. Lump Sum Division 22—Piumbing $_���'�j,��J• ��
(In figures)
�C�.aV�1_ 1�Ytd v�� �,-�i-�e.�/t. �Mo�S�t� �olta�S � Vlo c�,��S
(In Wordsj
15. Lump Sum Division 23—HVAC $ °-ty 0 i 4�� �b Z)
(In figures)
�'b�Y ��tic�v�d �or h� �i;c'vt� `�1cuSc.�4� �cv If �lNf�vnr� �i X� ��OIYS � Vl�C�
(In Words}
16. Lump Sum Division 26—Electrical $ a_T_`�'J��-�Z•40
(In figures)
'(wo 'MttltCr/� Nt�n� �'i'Y� `tho�S�d''twa ��r�°�,�v�,�h� `�� �allarg � Ko C.C.�
(In Words)
17. Lump Sum Division 28—Electronic Safety 8 Security$ 1�1 i 4��b �V
(In figures)
5t X}� 0�,.Q `11/�au S�.v� ��Y' vt d�v�--� �j�,;v,-e.i� k�o It a Y.� � tN c� C�.�
(In Words)
18. Lump Sum Division 3'! —Earthwork $ c��j� �5�3 �
(in gures)
rtW 0 ���°d ►V�Y1��, �Li�h� `('�1C�l�OIVG� �+C�} 1�'V�dV`PcQ'11/��"c� �11r�rc c��leti�q 1�Uv�F fJP�►,us.
(!n Wor s)
19. Lump Sum Division 32—Exterior Improvements $ 3?,go �,�
(In �gures�
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(in Words) `�
REVISED BID FORM—ADDENDUM NO. 2
f.
20. Unity Pricing Division 33—Uti�ties
Unit pricing for on-site distribution dry utilities not shown on plans. Quantities
have been shown for bidding purposes only.
Fo� conduit and structures for SCE undergrounding refer to SCE Electrical
Undergrounding Pians and list associated costs in the appropriate Pay Items, not
in the table below.
1�f�[� x, '� �h .' ,t�. � 4 ��i � x��.� )v �- �,�e �,�„ 4 g�,w,� " �;sp� ,g�'�w.�` � ,� w �� ��e s. v d .
�ys!� n �`k�'�+- �a��a4���y°� a �+��.x'ak'� �t�(�` °"�w "�'
�Q� t '���, i x „��'�, #"�^� k �y��""`; r _ g���r,
A 65"deep trench LF .7� A$ . w �. $ +` ./
___.
�2, yC� � ►� � ����
B 54"deep trench LF 1,309 $ $
<.� ��- t1 ;- }� 3;
C 48"Trench LF 9,466 $ -� �5 $ ��, L ��
p 5"Conduit(SCE) LF 3,fi45 $ ,t,�5 $�� ��, �
_._,
3"Conduit{SCE)
E LF 4,009 $ ;.� 2_.�, $ )�,'3�_$c:__1
_ _ _ ___.______._ .__.__ _ . _ __
_ _. _ __--.__._ -- -_.____ __ ___.
F 4"Conduit(Veri2on) LF 4,225 $ $
__ _. _____ 4" ��_ _���a ��
G 2"Conduit(Verizon) LF 2,577 $ $ '
C a � _�
�____ _._ ��_______.___.
� , �_i � L7° /
2"Conduit Placement i
H Only(CATV) LF 2,848 $ � ,�� $ � � � � ,
r i <
_.._ _ _____ ��.._.___ ,
SCE Distribution Box
! 17"x33" Ea 6 $ as�� , $ �� :�r.,C, j
;
_ _ _._w ___...__.,_.. _ __. � _.___ _ ____._. _______._.____ __ ___.__. ____�
SCE Transformer(pad �
.! only)4'x6' Ea 7 $ `; ��; C� $ ;� ;�'�,C't j
�
K SCE Puilbox 3'x5' Ea ---- 5 $ ��1 �'C c� $ �_:, <,.�; �;� '
______._. _ ____..__.._.__ ___�_____. __ __ _ ._.. _ _ _____..__ _ ____._ ____--
� Verizon Distribution Box Ea 5 $ �<<� ;�
/,�F $ ��i��� :� �
----_._ ____ _ �_._._.. _ _.. _�-- —
Verizon Pulibox ,
,
_ _.--- Ea - a- --_ _.__ . �i ..";t- � r �=-'` �_.
Total{in figures) $ �,� :.�.'�`�� ��`� �
,
Total(in words) �V ��� ,����y�`y� ��-��Y !�
ON141�c�Nc�`��'c� �:r� t, ,,,� �� 4+��,�v�� h�F�i�ta�.
.�____ n.,��g 1�;�Y�� �v p �:�:�S .
REVISED SID FORM—ADDENDUM NO. 2
21. Lump Sum Division 33—Utilities $ �� D��,O$3• ba
(for aii items not listed in Pay item 20 above) (In figures)
Onf. �����v� �r��0� �.,Sav�r.Q �f►�-} �! �►�e �..�IlatiS �d W� Cen.�S
(In Words)
22. Lump Sum Off-site Street Improvements $ 2���dq3 ��`
Avenue of the States (in figures)
Inciusive of landscaping
"*Submft detailed bid item schedule at Pre-con Meeting)+'
All other off-site street improvements shall be listed in the
appropriate Pay Item
`f�� t�v�,� �,�v�k��c� �sav� u��►�-�,`fhre¢. ��1aY s a� �ev�evt�,�v� �S
(In words
23. Lump Sum Perimeter Wall at $ �3 .0 b
Palm Desert Country Club Villas (In igures)
Refer to Detail 12/Sheet A-1.6 and related drawings
��Y�t �i'vtr �hc,vsa� -rw o +Ev�nDlv�ed `ti,t.<� c,4v� 'Zblla r S � NU c_e✓�s
(In Words)
24. Lump Sum Paving and Striping on property owned by$ �Oc�� �15•0 p
Paim Desert Country Club Viilas (In figures)
Afl ather work perfom�ed on PDCCV property sha8 be
listed in the appropriate Pay Item.
����n�=C�l (��1�.�„�v� Sev�en ���'��+re� tv�vt�c�r -�iYe bt1aYS �'No c-ev�S
(In Words)
ALLOWANCES
25. Lump Sum-Office Furniture and Equipment Allowance $ 48.000
{In figures)
Ge�eral Confractor shaN inciude a lump sum allowance in the Bid for O�ce Furniture and
Equipment The allowance is to be used fior purchase and installation of Offlce Furniture and
Equipment, including, but not limited to chairs, desks, computers, etc. as specif'ied by the
Authority. The allowance sha!!be paid for by written agreement between Generai Cantracfor
and Aufhorify with the cumutative total not to exceed the flxed contract allowance and shall be
iull compensation for furnishing al!labor, materials, tools, equipment, appropriate mark-ups, and
incidentals, and doing a!/ the work involved in the operations directed by the Authority's
Representative. Any unused portion of the utilfty a/lowance lump sum shall revert to Authorlty.
-fortv-eiaht thousand dollars-
(In words)
REVISED BID FORM—ADDENDUM NO 2
26. Lump Sum-Resident Services Building Fumiture Allowance $ 52,000
{In figures)
General Contractor shall include a lump sum allowance in the Bid for Furniture and Equipment
for the Resident Services Buifding. The allowance is to be used for purchase and lnstallation of
Furniture and Equipment for the Meeting Room and the Compufer Area, Includ/ng but nof
limited to desks, chairs, computers, etc. as spec�ed by the Authority. The allowance shal/be
paid for by written agreement between General Contractor and Authority with the cumulafive
tofa!not to exceed the�xed contract allowance and shall be full compensation for furnishing al!
laba, materials, tools,equipment, appropriate mark-ups, and incldentais, and dofng all the work
involved in the operations directed by the Authaity's Rep�esentative. Any unused portion of fhe
utility allowance tump sum shai!revert to Authority.
-f�ty-two thousand dollars-
(In words)
27. Lump Sum-Window Coverings Allowance � 23.000
(In figures)
General Contractor sha/I include a lump sum allowance in the Bid for �ndow Coverings. The
allowance is to be used for purchase and installation of wrndow coverings, including but not
limited fo biinds, mechoshades, etc. as spec'�ed by fhe Authorify. The allowance shall be paid
for by written agreement between Generai Contractor and Authorfry wlth the cumulative total not
to exceed the flxed contract allowance and shall be fu/1 compensatfon far furn/shing atl labor,
materials, tools, equipment, appropriate mark-ups, and incidentals, and doing aJl fFre work
invo/ved in the operations directed by the Authority's Representative. Any unused portion of fhe
utility allowance lump sum shall revert to Authority.
-twenty-three thousand dollars-
(In words)
28. Lump Sum-Kitchen Fixtures and Equipment Allowance $ 6.000
(In figures)
Generai Contractor sha/1 inctude a lump sum ailowance in the Bid for Kitchen Fi�ures and
Equipment. The ailowance is to be used for purchase and installation of Kitchen Fixfures and
Equipmenf in the Resident Services Building, including, but not limited to commerclal kitchen
equipment as spec�ed by the Authority. The allowance shall be paid for by written agreement
befween General Contractor and Authoriry with fhe cumulafive total not to exceed the fixed
contract a//owance and sha!! be full compensation for furnishing all labor, materials, fools,
equipment, approp�iate mark-ups, and incidentals, and doing all the work involved �n the
operations directed by the Au�h�ity's Representative. Any unused portion of the ufility
allowance lump sum sha!!revert to Authority.
__..___.�_.__.__�_
-six thousand dollars-
__��__�. . _ ___.._ ____ _ ____ --
__ _ _ _____.
{In words)
REVISED BfD FORM-ADDENDUM NO. 2
29. Lump Sum—Security Door Entry System Allowance $ 12.000
�tn figures)
General Contractor shall include a lump sum allowance in the Bid for a Security Door Enfry
System. The allowance is to be used for design, purchase and installation of a Secur/ry Door
Entry Sysfem as spec�ed by the AufhorJty. The allowance shall be paid for by written
agreement between General Contractar and Aufhorfty with the cumulafive total nof to exceed
fhe flxed contract allowance and shall be full compensation for furnishing eN labor, materials,
tools, equipmenf, appropriafe mark-ups, and incidentals, and doing al!the work involved in the
operations directed by the Authority's Representative. Any unused portion of the utility
allowance lump sum sha/l�evert to Authority.
-twelve thousand dollars-
(In words)
30. Lump Sum—Aquatic Therapy Fumiture Allowance $ 18.000
(In fgures)
General Conhactor shall include a lump sum allowance in the Bid for Aquatic Therapy Furniture.
The allowance is to be used for purchase and installation of furniture for Aquatic Therapy,
including, but not limited to chairs, tabies, signage, etc. as specified by the Authority. The
allowance shail be paid for by wriften agreement between General Contractor and Authority with
the cumulative fotal not to exceed the fixed contract allowance and shall be full compensation
for furnishing alt labor, materials, tools, equipmenf, appropriafe mark-ups, and incidenfais, and
doing aH the work involved in the operations directed by the Authority's Represenfative. Any
unused portion af the utlNty allowance lump sum shal!revert to Authority.
-eiahteen thousand dollars-
(In words)
31. Lump Sum—Maintenance Building Aliowance $ 12.000
(tn figures)
General Contractor shall include a lump sum allowance in the Bid for Furniture, Fixtures and
Equipment for the Maintenance Building. The allowance is to be used for purchase and
installation of Furniture, Fixtures and Equiprr►ent, including, but not limited to shelving, key
machine, saw machine, appliance hand truck, etc, as spec�ed by the Authority. The allowance
sha/l be paid for by written agreement between Ceneral Contractor and Authorify with the
cumulafive total not to exceed the fixed cont�act allowance and shafi be fui! compensation ior
furnishing all labor, materials, tools, equipment, appropriate mark-ups, and incidentais, and
doing a11 the work involved in the operations directed by fhe Authority's Representative. Any
unused portion of the utility allowance lump sum shatl revert to Authority.
-twelve thousand dollars-
{in wordsj
REVISED BID FORM—ADDENDUM NO. 2
The costs of any work shown or required in the Plans and Specifications, but not specifically
identified as a Pay Item are inciuded in the related Pay Item(s), and no additional compensation
shall be due CONTRACTOR by virtue of CONTRACTOR'S compiiance with the Plans and
Specfications.
TOTAL.LUMP SUM BASE BID PRICE
Items 1 through 31, inciusive, and all work and materials incidental thereto and connected
therewith.
TOTAL AMOUNT BASE BID IN FIGURES $�. 4 2�. 3�SJ . 3'T
TOTAL AMOUNT BASE BIO IN WORDS �'i�v� tv�,1�,��t i _ -�;�,,, }�}�,,;,�tr�l ?�.,-�vx��
�h�c.P �a��r�d �hr� 4�tN►d�i} �z�� OY�-E' nGl�aY S �"Cl.urhl UV��ht
it is understood that thls contract shail be awarded baaed on the lowest �esaonsive
TOTAL LUMP SUM BASE BID AMOUNT for Bid Items#1 throuah#31.
IN WITNESS WHEREOF CONTRACTOR executed 's Bid as of date set forth on the Bid
Form�
,r'
By_ ,�'� �._ �
Si „ -',' �
,',j, J;
�#t'e� .. �
CONTRACT R � �
e of Catffomia )
)
County of )
Subscribed and swom to(o ed)before me on this day of
(month), {year),by
, proved to me on the basis of sati evidence to be the person(s)who appeared
before me.
�.
-�-,..-�,��
���
Signature of Notary {Seal of ry)
't'"`END OF SECTION*"*
REViSED BID FORM—ADDENDUM NO. 2
CALIFORNfA ALL-PURPOSE ACKNOWLEDGMENT
State of California )
County of los Angeles )
On o���14 before me, �keh Melconien(Notary Public) Personally
Appeared �nreY P�rse�
Who proved to me on the basis of satisfactary evidence to be the pe�son(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 autharized 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 Staie of California that the foregoing
paragraph is true and correct.
WITNE55 my hand and afficial seat.
�=�----_.� �� f ,��,�_ :.,._---
(Seal) Signature� ������-�`-�"�
Shakeh Melwnian,Notary Public
Con�mlt�ion s 2p1�
Not�ry Puplie•carlw�Nt
La Anpe1H CpqM
Camm.Expins 11
Contract No. HA29410B
AGREEMENT
THIS AGREEMENT is made and entered into this 10�' day of J�, 2014, by and
between the PALM DESERT HOUSING AUTHORITY, hereafter called "AUTHORITY," and
Optimus Construction, Inc. hereinafter called "CONTRACTOR."
WITNESSETH
RECITALS:
CONTRACTOR has submitted to AUTHORITY its CONTRACTOR's BID for the construction of
AUTHORITY's Project,
1. CARLOS ORTEGA VILLAS PROJECT ("PROJECT"), PROJECT NO. 825-11,
CONTRACT NO. HA29410B, in strict accordance with the Contract Documents
identified below and AUTHORITY 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. CONTRACTOR's license number is 902939.
AGREEMENT:
IT IS AGREED BY THE PARTIES AS FOLLOWS:
1. Contract Documents: The entire contract consists of the following: (a) List of Drawing
Sheets (Section 00 01 95]; (b) Notice lnviting Sea/ed Bids (Section 00 91 13j;
(c) Instructions to Bidders (Section 00 21 13]; (d) Bid Form jSection 00 41 13];
(e) Bid Guaranty Bond (Section 00 43 13]; (t� Designation of Subcontractors
(Section 00 43 36J; (g) Bidder's Qualifications �Sectron 00 45 13]; (h) Non-Collusion
Declaration (Section 00 45 19]; (i) Agreement(Section 00 52 13J; (j) Performance Bond
[Section 00 61 93.13J; (k) Payment Bond [Section 00 61 13.16J; (I) General Conditions
(Section 00 72 13]; (m) Supplementary Conditions (Section 00 73 00]; (n) Insurance
Requirements�Section 00 73 16j; (o) The Plans; (p) Addenda Nos. 1. 2, and 3: (q) Any
Change Orders issued; (r) Any additional or supplemental specifications, notices,
instructions and drawings issued in accordance with the provisions of the Contract
Documents; and (s) The Determination of Prevailing Wage Rates for Public Work. 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. In the case of inconsistencies or conflicts within the Contract
Documents, the document precedence shall be:
Permits issued by regulatory agencies with jurisdiction
Change Orders and Supplementa/Agreements; whichever occurs last
Contract/Agreement
Addenda
Notice lnviting Bids
1
Contract No. HA29410B
Instructions to Bidders
Bid/Proposal
General Conditions
Supplementary Conditions
General Requirements
Plans
Standard Plans
Standard Specifications
Reference Specifications
2. CONTRACTOR shall commence the work within ten (10) calendar days after the date of
the Notice to Proceed and will do all things necessary to construct the work generally
described in Recital 1 in accordance with the Contract Documents and will complete said
work within four hundred twentv-five (425) calendar days from the Notice to Proceed
date to the satisfaction of the Authority's Representative.
3. Contractor agrees to indemnify, defend and save AUTHORITY and its officers, agents
and employees 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 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 Section 00 73 16 Insurance Requirements for Claims,
Liability, and Indemnity Agreement/Hold Harmless sections, which specifications
are made part of this Agreement as set forth in Agreement paragraph 1, above.
4. Attention is directed to Section 00 72 13-6.5, "Liquidated Damages," of the General
Conditions, Section 00 73 00, "Damages for Delays," of the Supplementary Conditions,
and Section 01 10 00, "Work Restrictions," of the General Requirements. Liquidated
damages shall be 2 500.00 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 AUTHORITY or the CONTRACTOR, should be entitled to a reasonable sum
for attorney's fees and costs 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 bid as accepted by AUTHORITY, subject to such additions and deductions
as may be made pursuant to the Contact Documents and applicable law.
2
Contract No. HA29410B
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 Authority. Any
delay or postponement of payment from the above referenced time frame may occur
only for good cause following written approval of the Authority.
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
Authority.
8. 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:
AUTHORITY:
BY: ATTEST BY:
Signature to be notarized
TITLE: Chairman TITLE: Secretary
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
MARK GREENWOOD, P.E.
DIRECTOR OF PUBLIC WORKS AUTHORITY COUNSEL
3
Contract No. HA29410B
CONTRACTOR ACKNOWLEDGMENT
State of California )
) SS.
County of )
On , 20_, before me, , a Notary
Public, personaliy 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)
AUTHORITY ACKNOWLEDGMENT
State of California )
) SS.
County of Riverside )
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
Contract No. HA29410B
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That whereas the Palm Desert Housing Authority
has awarded to Optimus Construction. Inc. hereinafter designated as the "Principal", a contract
for:
CARLOS ORTEGA VILLAS
PROJECT NO. 825-11
CONTRACT NO. HA29410B
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, Optimus Construction, Inc. the Principal, and
as Surety, are held and firmly bound unto the Palm Desert
Housing Authority hereinafter called the Authority, in the penal sum of Fifteen Million Four
Hundred Twentv-three Thousand Three Hundred Fifty-one and 39/100 Dollars
($15.423,351.39), 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 Authority, 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 Authority 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.
5
Contract No. HA29410B
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)
6
Contract No. HA29410B
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the Palm Desert Housing Authority (sometimes referred to hereinafter as
"Obligee") has awarded to O�timus Construction, Inc. (hereinafter designated as the
"CONTRACTOR"), an agreement dated Julv 10, 2014 described as follows: CARLOS ORTEGA
VILLAS, PROJECT NO. 825-11, CONTRACT NO. HA29410B, (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, Optimus Construction, Inc. , 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 Palm Desert Housing Authority 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 Fifteen Million Four Hundred Twenty-three Thousand Three
Hundred Fiftv-one and 39/100 Dollars ($15,423,351.39), 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 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.
7
Contract No. HA29410B
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)
s
Contract No. HA29410B
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.
Signature (Seal)
9
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� CO NSTR U CilO N IN C�,
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.�UII(:�}.��)��
i��is. I Icather E3uck
Paim Dcscrt Housin,� t�uthoritv
7;-�IO (�rcd �Varin�Uri��c
Palm l)cscrt, C'alit<�rnia 92?6U
RL:: Carlos Orte�a Viilas. Project �lo. b?�-I
Oear �is. f3uck.
Pw�suanl to utu-convcrsation. Optimu;Cc,n:u•u�iion. luc. (()ptitnus► rc;pcctlull� rcyu�st; tu nial.�
substitutions Co the Carlc�s Orte�a Villas Drsi��nution of SuMcontractors s�ibn��itted to Che Palm Desert
F(ousin�nuth�rit��on June?. 201�at the bi�l �,penin�+.
��ll; �)Ci1llllilllllll l)f �U�1C1111I1'1111�1'S l'VI1(:Ulll:l� IIY;It�\C1'tClll �:�1'I'ICiI� CI�I'OI'i. ��\11 fl)1�1111�! >tI�1C��IItI'�ICll�l'�
�rerc listed. It i� the intention uf Uptiinu; tu�ubcunu�act ��ith L).L31Z Ru��lin�� liir thc entiret� uf tl�e
rc�olin`,;a�pe. Optimus did not intcnd u, inclucle f3uilder�s Ch��ice a�a de.i�!natc�l �uh���nU�actor.
Similarl�. t��o tloorin��subconh•actors wcre included. Floortech���as (isted as the dcsi`�nated
subcontractor for tlooring and Residential Design Services was specified for tile. It is the intent of
Optimu�to issue a subcontract for both the tlooring and tile to Residential Desi�,n Services. Additionall}.
Optimus inad�ertentl��ne�,lected to include three trades. We���ould like to�dd lames:'�. Shirle�� fi�r dr�
utilities. t'�ro-Cumm S��sCena fon c�c;��tcction ancl ��'hit��s Steel tor metal fabric�tiun.
Please see attached revised Designation of tiubcontrlctors for��otu�consideration. We apologize for an�
inconvcnicncc thi�may ha��e c�uscd ancl Ic,uk t�,r��ard to��orkin���vith thc r\uthc�rit� nn thc Projcrt.
Respccttul l�.
���
Robert Gibson
V ice President
Optimus Construction, Inc.
SECTION 00 43 36
DESIGNATION OF SUBCONTRACTORS
To Accompany Bid
Pursuant to California Public Contractin� Code. Section 4100 et. Sea•• the foliowin� list i�ves the name.
business address. and op rtion of work(description of the work to be done for each subcontractor that will
be used in the work if the bidder is awarded the Contract. (Additional supportin�data may be attached to
this patte• Each paAe shall be seauentialiv numbered. and headed "Proaosed Subcontractors" and shall be
si ned. The Bidder shall list all subcontractors who will ep rform work or labor or render service to the rp ime
contractor in excess of one-half of one ep rcent 0.5% of the rp ime Contractor's total bid' or Ten Thousand
Dollars(510,000.00),whichever is�reater
Trade/Work
Name License Address Description
A.M. La Salle Electric, 418433 68-342 Kieley Road Cathedral City,CA Photovoltaic Solar
Inc. 92234
Alcai 815286 1614 Marlborough Ave., Unit S2 Thermal Insulation,
Riverside,CA 92507 Garage Doors
Baja Construction Co., 412390 223 Foster Street, Box 3080, Martinez, Car Shelters
Inc. CA 94553
BMC 897169 45311 Golf Center Parkway Suite B Rough Carpentry
Indio,CA 92201
'"� . , AAe�e-Rse#+�ag
�8�9
CS Drywall 682773 1935 McKinley Ave.Suite A La Verna, Gypsum Board
CA 91750
Dynamic Heating&Air 918498 7343 Orangewood Dr.Ste.A Riverside, HVAC
CA 92504
DBR Roofing 762039 7655 Tobias Ave.Van Nuys,Ca.91405 Roofing
Elite Painting 824184 56409 YUMA TRAIL,YUCCA VALLEY,CA. Painting
92284
�4se�eE# �-3364� . , �4se�+ag
�
Hardy Windows 904342 3425 E. La Palma Ave.Anaheim,CA Windows
92806
Hoffman Concrete 865726 102 E.Grand Blvd.,Corona,CA 92879 Concrete
Hunter Best 713048 4369 Huntley Avenue Culver City,CA Final Cleaning
90230
Inland Empire 743367 P.O. BOX 8247 REDLANDS,CA.92375 Electrical
lames A Shirley 710357 59160 Mesa Drive Yucca Valley,CA Wet Utilities
Construction, Inc. 92284-1373
John Barajas Masonry 446180 42-901 Lima Hall Rd. Bermuda Dunes, Masonry
CA 92203
Lanz Cabinet 769787 3025 West 7th Street Eugene,OR 97402 Cabinets
Palm Desert Housing Authority Designation of Subcontractors
Carlos Ortega Villas Project Section 00 43 36
Trade/Work
Name License Address Description
Magik Glass 686337 3500 Tachevah,Suite A Palm Springs, Mall Front,Tub&Shower
CA 92262 Doors
Mountain Movers 767120 P.O. Box 962 San Marcos,CA 92079 Grading
Engineering
Outdoor Dimensions 532856 5325 E. Hunter Ave.Anaheim,CA 92807 Signage
P/Acevedo 804222 83-649 Indio Blvd. Indio,CA 92201 Cement Plastering
Construction
Residential Design 532888 4900 E. Hunter Ave Anaheim,CA 92807 Tiling
Services
Sears Holding n/a 3333 Beverly Rd. Hoffman Estates, IL Residential Appliances
60179
Shamrock Paving 724588 15508 South Lakewood Blvd. Bellflower, Asphalt Paving
CA 90706
Shasta Fire Protection 476633 72120 Norshore St.,Suite C Thousand Wet-Pipe Sprinkler
Palm, CA 92276 Systems
SSW Mechanical 736942 P.O. Box 3160 Palm Springs,CA 92263 Plumbing
Teserra 656128 86-100 Avenue 54 Coachella CA 92236 Swimming Pools
Tinco 739382 958 N. Eastern,Ave. Los Angeles,CA Flashing and Sheet Metal
90063
Urban Habitat 963744 P.O. Box 1177 La Quinta Ca 92247 Landscaping
Wanke I R C 745936 P.O. Box 1150 Cathedral City, CA 92235 Waterproofing
West Coast Countertops 813921 43085-B Business Park Dr.Temecula,CA Countertops
92590
Westcon Construction 858370 81149 Indio Blvd. Indio,CA 92201 Curbs,Gutters,Sidewalk,
Drwy
VORWALLER BROOKS, 832987 721$2 Corporate Way Finish Carpentry, Doors&
INC. Thousand Palms,Ca 92276 Hardware,Toilet&Bath
Partitions
James A Shirley 59160 Mesa Drive Yucca Valley,CA
Construction,Inc. 710357 92284-1373 Dry Utilities
15531 Container Lane Huntington
Pyro-Comm System 612153 Beach,CA 92649 Fire Detection
White's Steel 477294 45-524 Towne Street Indio,CA 92201 Metal Fabrication
Palm Desert Housing Authority Designation of Subcontractors
Carlos Ortega Villas Project Section 00 43 36
440 Western Ave.,Ste.202
Glendale,CA 91201
���e�� (voice)818.550.8471
(fax)818•550.9411
C O N S T R U C T I O N 1 N C.
- -
Via Fax(760)341-7098
Via Email: hbuckn,cit�ofpalmdesert.org
June 9,201.4 Via Certified Mail
Heather Buck
Cit�Coi.mcil
City of Paln�Deserl
Pahn Desert Civic Center
73-510 Fred Waring D�ive
Palin D�sert, CA 92260
Re: Cul�s Ortega Villas Praject
77915 Avenue of the States,Palm Desert, CA
Notice of Bid Mistake and Request for Relief from Bid - �
�
?�ear NIs, Buck:
t�ptir.ius Constructio�:, Inc, provides this notice a��d rec�ues� puz•suar�t to the City uf I'a?�ti Desert '
�v[i�n�c:ip�l Ccde s�ction 3.30.120 and California Public Con�•act Code section 5103. This notice is j
provi��e�; to tiie City tivithin five woxking days after the apening of the bzd in connection witl�the abc>ve- '
retersuced project,whic}� opening occiured on Mo�tid�y,June 2,2014. O�tunus Const�liction, Inc. seeks
relief frotn its bid based on mistake. Specifically, Opt�mus made a m:istak� in its bid by listing two
ro�fing subconhactors and two flooring subcontractors. Please see attached S�CTION 00 �3 36
DESIGN.ATIQ�1 OF SUBCONTRACTORS T_� Accompany Bid with duplicate entries for each
suhcoLtxactor highlighted. One of the roofing sut�cantractors was listed undei�."roofing" and the other
was listed uiider "membrane roofing." One of the flooring subcont�actors was listed under "flooring"
and the other was listed under"tiling." The listing of the twa sets of subaontractors was a clerical eir�r
in fill'uig otitt the bid form and was iiot due to an error in judgment or carelessness in inspecting the site
of the work or reading the plan specifications. The mistake is materially different than what Optimus
intendetl as Optimus intended to ha�e a single subcont�actor to perform the roofuig and a single
subcontractor to perform the flooring. Optimus did not intend to self-perform the roofing and flooring
working on the project,as would otherwise be required under Public Contract Code section 4106.
Based on the above, Optimus hereby requests relief from its bid. It lias satisfied all of the
requicenierrts in connection with its request. Should the City CoLulcil have any questions in connection
with the notice and request, please do not hesita.te to contact either Jef�irey P. Boysen or Emily Geller at
the address and number inciuded above.
I certify under penalty of perjury under the iaws af the State of California that the foregoing is
true and correct.
Very truly yo�n-s,
x ����
e• e rey P. oysen
Titte: Pr ' t
Enclosure
SECTION 00 43 36 DESIGNATION OF SUBCONTRACTORS
Cc: Marilyn Klinger,Esq., Sedgwick,LLP
File
.. ,
_ .. . . . . .. . ,� i
i
2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE§1189
State of California _
COUI1ty Of Los Angeles
On �une 09,2�14 before me, Shakeh Melconian(Notary Public)
Date Name and Title of the Officer �
personaNy appeared Jeffrey P Boysen_____________________________________________________________
Name(s)of Signer(s)
---------------------------------------------------------------------=-----------------
�
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
�H�,w�� his/her/their signature(s) on the instrument the
KEA H II�LCQOHA person(s), or the entity upon behaif o€ which the
, C�wnbtfoA M 2012�N person(s)acted, executed the instrument.
Mo1N�PuDI�-C�IftBrM� �
- LW An�le�CwnNp' l certify under PENALTY OF PERJURY under the laws �
_ of the State bf California that the faregaing paragraph '
- is true and correct. ,
WITNESS my hand and official seaL
Place Notary SeaJ Above Signature: ----�������
Slgnafure of Notary Public �-�
OPTIONAL
Though this section is optiona/, completing this informafion cen deter alteratron of tF►e document or
fraudulent reaftachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: bocument
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies)Claimed by Signer(s)
Signer's Name: igner's Name:
❑Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
❑Partner— ❑Limited ❑General ❑Partner— ❑Limited ❑General
�lndividual �Attorney in Fa ❑Individual ❑Attorney in Fact
O Trustee ❑Guardian r onservator ❑Trustee ❑Guardian or Conservator
O Other: � Other:
Signer Is Repre ing: Signer Is Representing:
� 013 National NotaryAssociation•www.NationalNotary.org• 1-800-US NOTARY(1-800-876-6827) Item#5907
SECTION 00 43 36
DESIGNATION OF SUBCON7RACTORS
To Accornpany Bid
Pursuant to California Public Contractine Code. Section 4100 et. Sea.. the followina list i�ves the name.
business address. and ortion of work ldescription of the work to be done for each subcontractor that will
�g used in the work if the bidder is awarded the Contract. Additionai supoortine data mav be attached to this
pa�e•Each pa�e shall be seauentiailv numbered.and headed"Proposed Subcontractors"and shall be si ned.
The Bidder shali list all subcontractors who will erform work or labor or render service ta the rp ime �
contractor in excess of one-half of one ep rcent 0.5% of the rp ime Contractor's total 6id• or Ten Thousand
Dollars(510.000.001,whichever is ereater
Trade/Work
Name License Address Description
A.M. La Salle Electric, 4].8433 68-342 Kieley Road Cathedral City,CA Photovoltaic Solar
Inc. 92234
Alcal 815286 1614 Marlborough Ave.,Unit S2 Thermal Insulation,
Riverside,CA 92507 Garage Doors
Baja Construction Co., 412390 223 Foster Street,Box 3080, Martinez, Car Sheiters
Inc. CA 94553
BMC 897169 45311 Golf Center Parkway Suite B Rough Carpentry
Indio,CA 92201
Builder's Choice 743179 605 E. Mission Road San Marcos,CA Membrane Roofing
92069
CS Drywal) 682773 1935 McKinley Ave.Suite A La Verna,CA Gypsum Board
91750
Dynamic Hea#ing&Air 91$498 7343 Orangewood Dr.Ste.A Riverside, HVAC
CA 92504
DBR Roofing 762039 7655 Tobias Ave.Van Nuys,Ca.91405 Roofing
Elite Painting $24184 564Q9 YUMA TRAIL,YUCCA VALLEY,CA. Painting
92284
Floortech 233647 2184 N. Batavia Street Orange,CA Flooring
92865
Hardy Windows 904342 3425 E. La Palma Ave.Anaheim,CA Windows
92806
Hoffman Concrete 865726 id2 E.Grand Blvd,,Corona,CA 42879 Concrete
Hunter Best 713048 4369 Huntley Avenue Culver City,CA Final Cleaning
90230
Inland Empire 743367 P.4. BOX 8247 REDLANDS,CA.92375 Electrical
James A Shirley 710357 59160 Mesa Drive Yucca Valley,CA Wet Utilities
Canstruction,Inc. 92284-1373
lohn Barajas Masonry 446180 42-901 Lima Hall Rd. Bermuda Dunes, Masonry
CA 92203
Palm Desert Housing Authority Designation af Subcontractors
Carlos Ortega Villas Project Section 00 43 36
Trade/Work
Name License Address Description
Lanz Cabinet 769787 3025 West 7th Street Eugene,OR 97402 Cabinets
Magik Glass 686337 3500 Tachevah,Suite A Palm Springs,CA Mall Front,Tub&Shower
92262 Doors
Mountain Movers 767120 P.O. Box 962 San Marcos,CA 92079 Grading
Engineering
�(7 .i�M n nw. '� . IIC� -- :. _. ..-r�,. t ,T'mr�-vat"P�TP� '� ::
1
6 4�..-'� ,i�'x s� 3: ���r .. S 4 Y� xG � 2 s��y sa�4t n St� ._ v Y Y y,x.t,y. �.�+Y,a,,F`}...v�4r'� i+_Q���." _
.:: _ �"-:.-.. x.+�'� f �"`�3._:-, .3 '�"� +�. ... '�F'�'�G$A� ,s.'i-dr i�.�. �'.��. 3�r � r�.1�i-'`���:,,�r,i'��4
3 .._ ���-�,�;
Outdoor Dimensions 532856 5325 E.Hunter Ave.Anaheim,CA 92807 Signage
P/Acevedo 804222 83-649 Indio Bivd. Indio,CA 92201 Cement Plastering
Construction
Residentia)Design 532888 4900 E.Hunter Ave Anaheim,CA 92807 Tiling
Services
Sears Holding 3333 Beverly Rd. Hoffman Estates, IL Residential Appliances
60179
Shamrock Paving 724588 15508 South Lakewood Blvd.Bellflower, Asphalt Paving
CA 90706
Shasta Fire Protection 476633 72120 Norshore St.,Suite C Thousand Wet-Pipe Sprinkler
Palm,CA 92276 Systems
SSW Mechanical 736942 P.O. Box 3160 Palm Springs,CA 92263 Plumbing
Teserra 656128 86-100 Avenue 54 Coachella CA 92236 Swimming Pools
Tinco 739382 958 N.Eastern,Ave. Los Angeles,CA Flashing and Sheet Metai
90063 ,
Urban Habitat 963744 P.O.Box 1177 La Quinta Ca 92247 Landscaping ;
Wanke I R C 745936 P.O. Box 1150 Cathedral City,CA 92235 Waterproofing I
West Coast Countertops 813921 43085-B Business Park Dr.Temecula,CA Countertops
9259d
Westcon Construction 858370 81149 Indio Blvd.Indio,CA 92201 Curbs,Gutters,Sidewalk,
Drwy
VORWALLER BROOKS, 832987 72182 Corporate Way Finish Carpentry,Doors&
INC. Thousand Palms,Ca 92276 Hardware,Toilet&Bath
Partitions
Palm Desert Housing Authority Designation of Subcontractors
Carlos Ortega Villas Projed Section 00 43 36
440 Western Ave.,Ste.202
Glendale,CA 91207
���'�� (voice)8i8.550.8411
(ta�c)818.550.9411
C O N S T R U C T I O N I N C.
_ -
Via Fax(760)341-7098
Via Email: hbuck�cityofpalmdesert.org
Via Certified Mail
June 13;2014
Heather Buck
Project Coordinator
City of Palm Desert Public Works
73-510 Fred Waring Drive
Palm Desert, CA 92260
Re: Carlos Ortega Villas Project
77915 Avenue of the States,Palm Desert, CA
Withdrawal of Request for Relief fi•om Bid .
Dear Ms. Buck:
Pursuant to our recent discussions regarding the above Project, Optimus Construction, Inc. i
hereby withdraws its Request for Relief from Bid,provided to the City on June 9, 2014. !
Optimus intends to proceed pursuant to Public Contracts Code section 4107(5) in that, as �
previously advised, Optimus listed the two roofing subcontractors and the two flooring subcontractors
and failed to list the dry utilities and metal fabrication subcontractors pursuant to an inadvertent clerical
error.' In connection with Optiinus proceeding under section 4107(_S), it l�as complied witl�. section
4107.5. It has, within two working days after the City's opening of the bids given �uritten notice to the
City with copies eo the subcontractors listed inadverteiitly and the intended subcontractors who bid to
Optimus prior to bid opening. Ftuther, Optimus has subz»itted to the City written affidavits from the
intended subcontractors and all but one of the i��advertently listed subeontractors of their agreement to
have the intended subcontractors and not the ii�advertently listed subcant�actors perform that portioi� of
work. As to tlie one inadvertently listed subcontractor who has not provided an affidavit, Builder's
Choice, it failed to submit written objection to Optimus' claim of inadvertent clerical error witllin six
working days after the bid opening. Its failure is primary evidence of its agreement that Optimus made
an inadvertent clerical error,under the second paragraph of section 4107.5.
Please advise the date, time, and location of the public llearing that tlae City will conduct
pursuaut to section �107.5. Optimus is conf'ident thai tlie City will find that there is no compelling
reason for it not to consent to Optimus' use of tl�e intended subcontractors on the Project.
� In the revised Section 00 43 36 Designation of Subcontractors To Accompany Bid that Optimus provided to the City on
June 4,2014,we also mentioned a fire detection subconU•actor,not previously listed. However, its subcontract value is less
than the one-half of one percent threshold of Public Contracts Code section 4104.
f9058918v1
Thank you for your assistance in this regard and we look forward to the award of the contract
and a successful completion of the Project. I certify under penalty of perjury under the laws of the State
of California that the foregoing is true and correct.
Very t• ly ours
�
s o truction Inc.
J r . oysen
President
JPB/
cc: Marilyn Klinger,Esq., Sedgwick,LLP ,
File
I
19058918vi 2
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73-S io FRra W�e�rvc DKive
� PALM DESERf,CAt.1FORNtA 922G0 2$]H
TE�: 760 34b- o6i i
lnfo� N[yof�almdesert org
SUBSTITUTION REQUEST HEARING OFFICER DECISION
Carios Ortega Villas Project
I STATEMENT QF CASE
On Monday, June 2, 2014, the Palm Desert Housing Authority ("Authority") publically
opened and read aloud bids far the Carlos Ortega Vifias Project ("Project"). Seven
bids were received and read; t3ptimus Construction, Inc. ("Optimus") was the
apparent low bidder. As part of their bid documents, Optimus submitted a
Designation of Subcontractors ("Designation"). The Designation listed 33
subcontractors, including Builder's Chaice Roofing, DBR Premium Roofing,
Floortech, and Residential Design Services. Two days later, on June 4, 2014, Mr.
Robert Gibsan, Vice President of Optimus, p�ovided written notice to Ms. Heather
Buck, the Authoriry's Project Coordinator that Optimus' Designation contained
inadvertent clerical errors, and that Optimus requested to make subcontractor
substitutions as a result. In particular, Mr. Gibson's letter stated that Optimus had
included finro roofing subcontractors, Builders Choice Roofing and DBR Premium
Roofingand two flooring subcontractors, Floortech and Residentia{ Design Services
(one designated as "Flooring" and one as °Tiling"). According to Mr. Gibson's letter,
Optimus inte�ded to contract with DBR Premium Roafing for the entirety of the
roofing work and with Residential Design Services for both floo�ing and tile.
As is required by Section 4107 and 41 Q7.5 of the Public Contract Code and Section
3.30.190 and 3.30.200 of the Palm Desert Municipal Code, the Authority not�ed the
listed subcontractors of Optimus' request to substitute, and a hearing for the request
was scheduled for June 24, 2014.
This decision summarizes the hearing proceedings and sets forth the hearing
officer's decision.
II PROCEDURALISSUES
1) The Housing Authority held the subcontractor substitution hearing at 10 AM on
June 24, 2014 in the Administrative Conference Room at the Palm Desert City
Hall. The hearing lasted approximately one hour.
2) The hearing was attended by representatives of the Palm Desert Housing
Authority, the City of Palm Desert, Optimus Construction, lnc., and Builder's
Choice Roofing. Optimus' lega! caunsel and the Housing Authority Attorney were
also present. The attendance sheet is appended to this decision.
Carlos Ortega Villas Project
Subcontractor Substitution Request Hearing
241une 2014 Page 2
3) In signing the Sign-in Sheet for the hearing, hearing attendees solemnly swore,
under penalty of perjury and under the laws of the State of California, that the
testimony they gave during the course of the hearing conducted pursuant to
Public Contract Code Section 4107; would be true and correct.
4) Prior to the hearing, each party submitted copies of correspondence, email
records, and bid documents that they believed were relevant and that they
thought should be considered by the hearing o�cer. Submittals were reviewed
in full prior to the hearing, as was additional information that the hearing officer
requested as she reviewed the issue in advance of the hearing. Specifically, the
following information was entered into the record and reviewed prior to the
hearing:
a. June 4, 2014 Substitution Request Letter from Optimus Construction
b. Undated Letter from Builder's Choice Roofing Received by the Housing
Authority on June 16, 2014
c. June 17, 2014, Letter from Builder's Choice Roofing to the Housing
Authority
d. Affidavit of Acknowledgement signed by DBR Premium Inc. dated June 9,
2014
e. Affidavit of Acknowledgement signed by Optimus dated June 6, 2014
f. Affidavit of Acknowledgement signed by Floor Tech dated June 10, 2014
g. Affidavit of Acknowledgement signed by Residential Design Service dated
June 9, 2014
h. Affidavit of Acknowledgement signed by Optimus dated June 6, 2014
i. Declarations of Robert Massie, Robert Gibson, Stephen Eiguren, Jeffrey
Boysen all dated 24 June 2014.
j. Bids and proposals from Tinco Sheet Metal Contractors, LI Metal
Systems, ALCAL Specialty Contracting, Inc., Wanke, Industrial,
Commercial, Residentiaf, Inc., John Barrajas Masonry Contractor, DBR
Premium, Inc., Builder's Choice Roofing Company (original and revised
bids)
k. The complete bids of Optimus Construction, Inc., ProWest PCM, Inc., and
Doug Wall Construction, all dated 2 June 2014.
I. Email correspondence from Linda Northington, lnteractive Design Group,
confirming the scope and approximate quantities of roofing subcontract
work.
5) During the hearing, Mr. Corey Kepler, Director of Operations for Builder's Choice,
submitted an email message from Nilda Puno, Estimator for Angeles Contractor,
Inc., that indicates that Builde�'s Choice submitted the lowest of six roofing bids
to Angeles Contractor. No bid was shown as being received from DBR Premium.
This email was reviewed and considered as well.
P�IM OESfQi NOUSIN6 �d1H�R11Y
g:\plan�inmg�lauri aylaian\carlos ortega viilas subcontracto�substitutlon hearing ofticer flnal declsWn docx
Carlos Ortega Viltas Project
Subcontractor Substitution Request Hearing
241une 2014 Page 3
6) After the hearing, Mr. Edward Imgrund, Owner of Builder's Choice, submitted a
letter dated 24 June 2014 RE: D.Br Premium, Inc. Bid Not Complaint [sicJ with
Scope of Work and Specifications for Carlos Ortega Villas Project. This letter
was reviewed and considered as well.
7) Some of the documents that were provided to the hearing officer had been
submitted by Optimus, but not provided to Builder's Choice. The hearing officer
provided copies of the declarations of Mr. Robert Massie, Mr. Robert Gibson, Mr.
Stephen Eiguren, and Mr. Jeffrey Boysen (all dated June 24, 2014, but without
attachments) and of DBR Premium's Proposal 8� Agreement dated May 1, 2014
to Builder's Choice representatives Mr. Corey Kepler and Mr. Edward Imgrund at
the hearing; both individuals were given time to read this material.
8) Alternate spellings of Floor Tech (or Floor Technology Group) and of D.BR
Premium, Inc. (or DBR Premium) appear throughout the documents submitted to
the hearing officer. For the purposes of this decision, the spelling used on the
Affidavits of Acknowledgement of the Floor Tech president, Mr. Ed Ploeger, and
the DBR Premium vice president, Mr. Fredy Josef, have been used.
111 FACTS PRESENTED TO HEARlNG OFFICER
A. Flooring Subcontractor Substitution
1) The names of two flooring subcontractors, Floor Tech and Residential Design
Services, were listed on Optimus' Designation of Subcontractors ("Designation").
The "Trade / Work Description" of the two flooring contractors were listed
differen#ly, one as "Flooring" and one as "Tilir�g."
2) The President af Floor Tech and the Commercial Division Manager of Residential
Design Services each signed an A�davit of Acknowledgement stating that
Optimus included an inadvertent clerical error in their {Optimus') Designation,
and that Optimus intended to subcontract the flooring and tile to Residential
Design Services alone.
3) Neither Floor Tech nor Residential Design Services has supplied any information
that would contradict that which is contained in their respective Affidavits of
Acknowledgement, and neither firm was present at the hearing to offer
contradictory testimony or otherwise object to the proposed substitution.
4) Mr. Robert Massie, Contract Administrator for Optimus, declared in writing and
testified at the hearing that he faifed to double-check the bid abstract to see if
there had been changes made to the flooring subcontractar to be included in the
Designation and, therefo�e, inadvertently left Floor Tech's name on the
Designation.
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B. Roofing Subcontractor Substitution
1) The names of finro roofing subcontractors, Builder's Choice and DBR Premium
Roo�ng, were listed on Optimus' Designation. The "Trade /Work Description" in
the Designation for Builder's Choice was listed as, as "Membrane Roofing." The
"Trade / Work Description" in the Designation for DBR Premium Roofing was
listed as"Roofing."
2} Optimus transmitted a proposed Affidavit of Acknowledgement to Builder's
Choice with remarks simply asking Builder's Choice ta sign and retum the
executed copy of the affidavit at their earliest convenience. By signing the
affidavit, Builder's Chaice would have agresd that it was the intention of Optimus
to contract with DBR Premium Roofing and not with Builder's Choice. Builder's
Choice did not execute the document.
3) At the hearing, representatives from Builder's Choice and Optimus represented
to the hearing officer that correspondence was passed and phone calls were
made betwreen representatives of Optimus and Builder's Choice concerning the
scope of the roofing work, the value of the work, and the error that Optimus
reported they made on their bid documents, but there was no direct conversation
between company principals, either in person or by telephone.
4} During the hearing, it appeared that there had been some confusion befinreen
Optimus and Builder's Choice because representatives of the two companies
used the term "membrane roofing" differently.
�) In the Declaration of Robert Massie, Mr. Massie provides an explanation for the
use of the term "Membrane Roofing" on the Designation of Subcontractors, and
for the last-minute addition of DBR Premium under the trade of"Roofing." In lieu
of repeating such explanations in this decision, Mr. Massie's declaration is
incorporated by this reference herein. Na evidence was presented during the
hearing that contradicts Mr. Massie's explanations.
6) At the hearing, Optimus representatives explained that Optimus received a total
of three bids from DBR Premium and Builder's Choice. The first bid was
received by DBR Premium on May 1, 2014. The second bid was from Builder's
Choice on May 30, 2014, and it was lower than DBR Premium's bid. The third
bid was received from Builder's Choice on June 2, 2014; it was higher than and
superseded their previous bid, and it was higher than DBR Premium's bid.
7) During the hearing, Builder's Choice twice stated that had Optimus called to
explain that Builder's Choice's bid had not been accepted because Builder's
Choice was not the low bidder, Builder's Choice would not have had an issue
with the proposed use of DBR Premium to perform the roofing scope.
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8) Builder's Choice asserts that DBR P�emium's bid does not comply with the
technical requirements oF the built-up roofing system specification (Section 07 32
00). Regardless of the validity of the assertion, this issue is unrelated to the
question of whether an inadvertent clerical error was made in the inclusion of
Builder's Choice on the Designation. The assertion has been forvvarded to the
Project Coordinator and the architect far their review. As this issue is not within
the scope of the hearing, it shall not be addressed in this decision.
9) Optimus included a lump sum amount of $739,292.00 for Division 07 Thermal
and Moisture Protection in their bid. This amount is the numerical sum of the
following subcontractor bids, each of which has been substantiated by
submission of the supporting bids:
Subcontractor Trade Bid Comments
Amount
Tinco Sheet Metal 143,590 Includes option for Detail 1/A8.2;
excludes rain utters and deck meta!
Li Metal S stems Rain Gutters 28,000
ALCAI lnsulation 88,370 Total includes alternates
S ecialties
Wanke ICR Wate roofin 1,750 Deck water roofin onl
John Barajas Waterproofing 9,592 Masonry waterproo�ng only
Mason
DBR Premium Roofin 467,990
TOTAL $739 292.00
IV LEGAL PROVISIC3NS
Sections 3.30.190 and 3.3d.2Q0 of the Palm Desert Municipal Code ("PDMC")
and Sections 4100-4114 of the California Public Contract Code prohibit
substitution of listed subcontractors, except in limited circumstanaes. PDMC
3.30.190 and Public Contract Code 4107 both allaw the substitution of a listed
subcontractor in the event of an inadvertent clerical eRor. Section 4107 of the
Public Contract Code speci�cally provides (in part):
A prime contractor whose bid is accepted may not:
(a) substitute a person as subcontractor in place of
subcontractor as listed in original bid, except that the
awarding authority, or its duly authorized o�cer� may, except
as otherwise provided in Section 4107.5, consent to the
substitution of another person as subcontractor in the
following situations:
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.... [sections omitted]
(5) When the p�ime contractor demonstrated to the
awarding authority, or its duly authorized officer,
subject to the further provisions set forth in Section
4107.5, that the name of the subcontractor was listed
as the result of an inadvertent clericat error.
Public Contract Code 4107.5 states as follows:
The prime contractor as a condition to asse�t a claim of inadvertent
clerical error in the listing of a subcontractor shaN within finro
working days after the time of the prime bid opening by the
awarding authority give written notice to the awarding authority and
copies of that notice to both the subcontractor he or she claims to
have listed in error and the intended subcontractor who had bid to
the prime contractor prior to bid opening.
Any listed subcontractor who has been notified by the prime
contractor in accordance with this section as to an inadvertent
clerical error shall be allowed six working days from the time of the
prime bid opening within which to submit to the awarding authority
and to the prime contractor written objection to the prime
contracto�'s claim of inadvertent clerical error. Failure of the listed
subcontractor to file the written notice within the six working days
shall be primary evidence of his or her agreement that an
inadve�tent clerica! error was made.
The awarding authority shall, after a public hearing as p�ovided in
Section 4107 and in the absence of competling reasons to the
contrary, consent to the substitution of the intended subcontractor:
(a) If (1) the prime contractor, (2) the subcontractor listed in error,
and (3) the intended subcontractor each submit an affidavit to the
awarding authority along with such additional evidence as the
parties may wish to submit that an inadvertent clerical error was in
fact made, provided that the affidavits from each of the three parties
are filed within eight working days from the time of the prime bid
opening, or
(b) If the affidavits are filed by both the prime contractor and the
intended subcontractor wi#hin the spec�ed time but the
subcontractor whom the prime contractor claims to have listed in
error does not submit within six working days, to the awarding
authority and to the prime contractor, written objection to the prime
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contractor's ciaim of inadvertent clerical error as provided in this
section.
If the affidavits are filed by both the prime contractor and the
intended subcontractor but the listed subcontractor has, within six
working days from the time of the prime bid opening, submitted to
the awarding authority and to the prime contractor written objection
to the prime contractor's claim of inadvertent clerical error, the
awarding authority shall investigate the claims of the parties and
shall hold a public hearing as provided in Section 4107 to
determine the validity of those claims. Any determination made
shall be based on the facts contained in the declarations submitted
under penalty of perjury by all three parties and supported by
testimony under oath and subject to cross-examination. The
awarding authority may, on its own motion ar that of any other
party, admit testimony of other contractors, any bid registries or
depositories, or any othe� party in possession of facts which may
have a bearing on the decision of the awarding autharity.
3.30.200 of the PDMC similarly provides as follows:
The prime contractor as a condition to assert a claim of inadvertent clerical error
in the listing of a subcontractor shall within two working days after the time of the
prime bid opening by the awarding authority give written notice to the awarding
authority and capies of that notice to both the subcontractor he or she claims to have
listed in error and the intended subcontractor who had bid to the prime contractor
prior to bid opening.
Any listed subcontractor who has been notified by the prime contractor in
accordance with this section as to an inadvertent clerica! error shall be allowed six
working days from the time af the prime bid opening within which to submit to the
awarding authority and to the prime contractor written objection to the prime
contractor's claim of inadvertent clerical error. Failure of the listed subcontractor to
�le the written notice within the six working days shall be primary evidence of his or
her agreement that an inadvertent clerical error was made.
The awarding authority may, after a public hearing as provided in Section
3.30.190 of this chapter and in the absence of compelling reasons to the contrary,
consent to the substitution of the intended subcontractor.
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V FINDINGS OF FACT AND CONCI.USIONS
A. Flooring Subcontractor Substitution
1) Both Floor Tech and Residentiai Design Services signed an Affidavit of
Acknowledgment stating that Optimus included an inadvertent clerical error
in their (Optimus') Designation, and that Optimus intended to subcontract
the flooring and tile to Residential Design Services alone.
2) Additionally, neither Floor Tech nor Residential Design Services attended
the hearing, though both were served with notice by the Housing Authority
of the date and the time of the hearing, to offer contradictory testimony or
otherwise object to the subcontractor substitution.
3) Finally, there is written and oral testimony by Mr. Massie to demonstrate
that he made an inadvertent clerical error on the morning of June 2, 2014
when he failed to remove Floor Tech's name from the Designation that was
submitted with Optimus'bid. There is no evidence to support any alternate
theory of why Floor Tech's name appeared on the Designation.
B. Roofing Subcontractor Substitution
1) Optimus' lump sum bid for Division 07 work is the numerical sum of six sub-
bids. The total listed on their bid form equals the six sub bids o� if DBR
Premium's bid amount is used. If either of Builder's Choice's bid amounts
(the original bid o� the revised bid) is used, the Division 07 total would not
equal the lump sum bid submitted on their bid form.
2) Mr. Robert Massie's explanation of the reason for listing Builder's Choice on
the Designation of Subcantractors is credible. His explanation for his failure
to delete Builder's Choice before submitting the Designation reflects poor
attention to detail, but is credible as a inadvertent clerical error made during
the chaotic hours before submitting a bid listing 33 subcontractors.
3) No evidence was presented prior to, at, or after the hea�ing that supports an
alternate theory as to why both roofing contractor names were used,
especially in light of the lump sum bid amount, which would only total if
DBR Premium's bid were used.
4) In light of the preceding, and given that there was no evidence submitted to
indicate that the inclusion of Builder's Choice on the Designation was
intentional or served any purpose that would benefit Optimus, it is
reasonable to conclude that listing Builder's Choice was, indeed, an
inadvertent clerical error.
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VI DECISION OF THE HEARING OFFICER
With regard to the flooring, in the absence of compelling reasons to the contrary,
based on the above findings, pursuant to Public Contract Code sections 4107(a)(5) and
4107.5 and Palm Desert Municipal Code sections 3.30.190 and 3.30.200, Optimus'
request for substitution of Residential Design Services for Floor Tech is GRANTED.
While the Housing Authority acknowledges the dispute befinreen the Optimus and
Builder's Choice, it is not within the Housing Authority's authority to resolve such a
dispute; the Housing Authority must simply determine if tJptimus' request for
substitution is appropriate pursuant to Public Contract Code 4107 sections (a)(5) and
4107.5 as well as Palm Desert Municipal Code sections 3.30.190 and 3.3.0.200. In this
case, no compelling evidence was presented that demonstrated that the listing of
Builder's Choice was anything but an inadvertent clerical error, especially in light of
Optimus' lump sum bid amount and Mr. Massie's declaration. As such, based on the
abave findings, pursuant to Public Contract Code sections 4107(a)(5) and 4107.5 and
Palm Desert Municipal Code sections 3.30.190 and 3.30.200, Optimus' request for
substitution of DBR Premium for Builder's Choice is GRANTED.
The Housing Authority hereby determines that both of Optimus' proposed
substitutions are consistent with California Public Contract Code section 4100-4114 and
Palm Desert Municipal Code sections 3.30.190 and 3.30.200.
PREPARED AND SUBMITTED BY: DATE:
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Director of Community Development
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SUBSTITUTION REQUEST HEARING OFFICER DECISION
Carlos Ortega Villas Project
I STATEMENT OF CASE
�n Monday, June 2, 2014, the Palm Desert Housing Authority {"Authority") publically
opened and read aloud bids for the Carlos Ortega Vifias Project ("Project"). Seven
bids were received and read; Optimus Construction, Inc. ("Optimus") was the
apparent low bidder. As part of their bid documents, Optimus submitted a
Designation of Subcontractors ("Designation"). The Designation listed 33
subcontractors, including Builder's Choice Roofing, DBR Premium Roofing,
Floortech, and Residential Design Services. Two days later, on June 4, 2014, Mr.
Robert Gibson, Vice President of �ptimus, provided written notice to Ms. Heather
Buck, the Authority's Project Coordinator that Optimus' Designation contained
inadvertent clerical errors, and that Optimus requested to make subcontractor
substitutions as a result. In particular, Mr. Gibson's letter stated that Optimus had
included two roofing subcontractors, Builder's Choice Roofing and DBR Premium
Roofingand two flooring subcontractors, Floortech and Residential Design Services
(one designated as "Flooring" and one as "Tiling"}. According to Mr. Gibson's letter,
Optimus intended to contract with DBR Premium Roofing for the entirety of the
roofing wo�k and with Residential Design Services for both floo�ing and tile.
As is required by Section 4107 and 4107.5 of the Public Contract Code and Section
3.30.190 and 3.30.2Q0 of the Paim Desert Municipal Code, the Ruthority notified the
listed subcontractors of Optimus' request to substitute, and a hearing for the request
was scheduled for June 24, 2014.
This decision summarizes the hearing proceedings and sets forth the hearing
officer's decision.
II PROCEDURAL ISSUES
1) The Housing Authority held the subcontractor substitution hearing at 10 AM on
June 24, 2014 in the Administrative Conference Room at the Palm Desert City
Hall. The hearing lasted approximately one hour.
2) The hsaring was attended by representatives of the Palm Desert Housing
Authority, the City of Palm Desert, Optimus Construction, Inc., and Builder's
Choice Roofing. Optimus' lega! counsel and the Housing Authority Attomey were
also present. The attendance sheet is appended to this decision.
Carlos Ortega Villas Project
Subcontractor Substitution Request Hearing
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3) In signing the Sign-In Sheet for the hearing, hearing attendees solemnly swore,
under penalty of perjury and under the laws of the State of California, that the
testimony they gave during the course of the hearing conducted pursuant to
Public Contract Code Section 4107, would be trus and correct.
4) Prior to the hearing, each party submitted copies of correspondence, email
records, and bid documents that they believed were relevant and that they
thought should be considered by the hearing o�cer. Submittals were reviewed
in full prior to the hearing, as was additional information that the hearing o�cer
requested as she reviewed the issue in advance of the hearing. Specifically, the
following inforrnation was entered into the record and reviewed prior to the
hearing:
a. June 4, 2014 Substitution Request Letter from Optimus Construction
b. Undated Letter from Builder's Choice Roo�ng Received by the Housing
Authority on June 16, 2014
c. June 17, 2014, Letter from Builder's Choice Roofing to the Housing
Authority
d. Affidavit of Acknowledgement signed by DBR Premium Inc. dated June 9,
2014
e. Affidavit of Acknowledgement signed by Optimus dated June 6, 2014
f. Affidavit of Acknowledgement signed by Floor Tech dated June 10, 2014
g. Affdavit of Acknowledgement signed by Residential Design Service dated
June 9, 2014
h. Affidavit of Acknowledgement signed by Optimus dated June 6, 2014
i. Declarations of Robert Massie, Robert Gibson, Stephen Eiguren, Jeffrey
Boysen all dated 24 June 2014.
j. Bids and proposals from Tinco Sheet Metal Contractors, LI Metal
Systems, ALCAL Specialty Contracting, Inc., Wanke, Industrial,
Commercial, Residentiat, Inc., John Barrajas Masonry Contractor, DBR
Premium, Inc., Builder's Choice Roofing Company {original and revised
bids)
k. The complete bids of Optimus Constfuction, Inc., ProWest PCM, Inc., and
Doug Wall Construction, all dated 2 June 2014.
I. Email correspondence from Linda Northington, lnteractive Design Group,
confirming the scope and approximate quantities of roofing subcontract
worlc.
5) During the hearing, Mr. Corey Kepler, Director of Operations for Builder's Choice,
submitted an email rnessage from Nilda Puno, Estimator for Angeles Contractor,
Inc., that indicates that Builder's Choice submitted the lowest of six roofing bids
to Angeles Contractor. No bid was shown as being received from DBR Premium.
This email was reviewed and considered as well.
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6) After the hearing, Mr. Edward Imgrund, Owner of Buiider's Choice, submitted a
letter dated 24 June 2014 RE: D.Br Premium, Inc. Bid Not Complaint [sic] with
Scope of Work and Specifications for Carlos Ortega Villas Project. This letter
was reviewed and considered as well.
7) Some of the documents that were provided to the hearing officer had been
submitted by Optimus, but not provided to Builder's Choice. The hearing officer
provided copies of the declarations of Mr. Robert Massie, Mr. Robert Gibson, Mr.
Stephen Eiguren, and Mr. Jeffrey Boysen (all dated June 24, 2014, but without
attachments) and of DBR Premium's Proposal � Agreement dated May 1, 2014
to Builder's Choice representatives Mr. Corey Kepler and M�. Edward Imgrund at
the hearing; both individuals were given time to read this material.
8) Alternate spellings of Floor Tech (or Floor Technology Group) and of D.BR
Premium, Inc. (or DBR Premium) appear throughout the documents submitted to
the hearing officer. For the purposes of this decision, the spelling used on the
A�davits of Acknowledgement of the Floor Tech president, Mr. Ed Ploeger, and
the DBR Premium vice president, Mr. Fredy Josef, have been used.
III FACTS PRESENTED TO HEARING OFFICER
A. Flooring Subcontractor Substitution
1) The names of two flooring subcontractors, Floor Tech and Residential Design
Services, were listed an Optimus' Designation of Subcontractors ("Designation"}.
The "Trade ! Work Description" of the two flooring contractors were listed
differently, ane as "Flooring" and one as "Tilir�g."
2) The President of Floor Tech and the Commercial Division Manager of Residential
Design Senrices each signed an Affidavit of Acknowledgement stating that
Optimus included an inadvertent clerical error in their (Optimus') Designation,
and that Optimus intended to subcontract the flooring and tile to Residential
Design Services alone.
3) Neither Floor Tech nor Residential Design Services has supplied any information
that would contradict that which is contained in their respective Affidavits of
Acknowledgement, and neither firm was present at the hearing to offer
contradictory testimony or otherwise object to the proposed substitution.
4) Mr. Robe�t Massie, Contract Administ�ator for Optimus, declared in writing and
testified at the hearing that he failed to double-chec�C the bid abstract to see if
there had been changes made to the flooring subcontractor to be included in the
Designation and, therefore, inadvertently left Floor Tech's name on the
Designation.
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6. Roofing Subcontractor Substitution
1) The names of two roofing subcontractors, Builder's Choice and DBR Premium
Roofing, were listed on Optimus' Designation. The "Trade/Work Description" in
the Designation for Builder's Choice was lis#ed as, as "Membrane Roofing." The
"Trade / Work Description" in the Designation for DBR Premium Roofing was
listed as"Roofing."
2) Optimus transmitted a proposed Affidavit of Acknowledgement to Builder's
Choice with remarks simply asking Builder's Choice to sign and return the
executed copy of the a�davit at their earliest convenience. By signing the
affidavit, Builder's Choice would have agreed that it was the in#ention of Optimus
to contract with DBR Premium Roofing and not with Builder's Chaice. Builder's
Choice did not execute the document.
3) At the hearing, representatives from Builder's Choice and Optimus represented
to the hearing officer that correspondence was passed and phone calls we�e
made between representatives of Optimus and Builder's Choice conce�ning the
scope of the roofing work, the value of the work, and the error that Optimus
repor#ed they made on their bid documents, but there was no direct conversation
between company principals, either in person or by telephone.
4) During the hearing, it appeared that there had been some confusion between
�ptimus and Builder's Choice because representatives of the two companies
used the term "membrane roofing" differently.
5) In the Dectaration of Robert Massie, Mr. Massie provides an explanation for the
use of the term "Membrane Roofing" on the Designation of Subcantractors, and
for the last-minute addition of DBR Premium under the trade of"Roofing." In lieu
of repeating such explanations in this decision, Mr. Massie's declaration is
incorporated by this reference herein. No evidence was presented during the
hearing that contradicts Mr. Massie's explanations.
6) At the hearing, Optimus representatives explained that Optimus received a total
of three bids from DBR Premium and Builder's Choice. The first bid was
received by DBR Premium on May 1, 2014. The second bid was from Builder's
Choice on May 30, 2014, and it was lower than DBR Premium's bid. The third
bid was received fram Builder's Choice on June 2, 2014; it was higher than and
superseded their previous bid, and it was higher than DBR Premium's bid.
7) During the hearing, Builder's Choice twice stated that had Optimus called to
explain that Builder's Choice's bid had not been accepted because 6uilder's
Choice was not the low bidder, Builder's Choice would not have had an issue
with the proposed use of DBR Premium to perform the roofing scope.
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8) Builder's Choice asserts that DBR Premium's bid does not comply with the
technicai requirements of the built-up roofing system specification (Section 07 32
00). Regardless of the validity of the assertion, this issue is unrelated to the
question of whether an inadvertent clerical error was made in the inclusion of
Builder's Choice on the Designation. The assertion has been fonnrarded to the
Project Coordinator and the architect for their review. As this issue is not within
the scope of the hearing, it shall not be addressed in this decision.
9) Optimus included a lump sum amount of $739,292.00 for Division 07 Thermal
and Moisture Protection in their bid. This amount is the numerical sum of the
following subcontractor bids, each of which has been substantiated by
submission of the supporting bids:
Subcontractor Trade Bid Comments
Amount
Tinco Sheet Metal 143,590 Includes option for Detail 1/A8.2;
excludes rain utters and deck metal
Li Metal S stems Rain Gutters 28,000
ALCAL Insulation 88,370 Total includes alternates
S ecialties
Wanke ICR Wate roofin 1,750 Deck water roofin onl
John Barajas Waterproofing 9,592 Masonry waterproofing only
Mason
DBR Premium Roofin 467,99Q
TOTAL $739 292.00
IV LEGAL PROVISI�NS
Sections 3.30.190 and 3.30.2Q0 of the Palm Desert Municipat Code ("PDMC")
and Sections 4100-4114 of the California Public Contract Code prohibit
substitution of listed subcontractors, except in limited circumstances. PDMC
3.30.190 and Public Contract Code 4107 both allow the substitution of a listed
subcontractor in the event of an inadvertent clerical error. Section 4107 of the
Public Contract Code specifically provides (in part):
A prime contractor whose bid is accepted may not:
(a) substitute a person as subcont�actor in place of
subcontractor as listed in original bid, except that the
awarding authority, or its duly authorized officer, may, except
as otherwise provided in Section 4107.5, consent to the
substitutian of another person as subcontractor in the
following situations:
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.... [sections omitted]
(S) When the prime contractor demonstrated to the
awarding authority, or its duly authorized officer,
subject to the furthe� provisions set forth in Section
4107.5, that the name of the subcontractor was listed
as the result of an inadvertent clerical error.
Public Contract Code 4107.5 states as foNows:
The prime contractor as a condition to assert a claim of inadvertent
clericai error in the listing of a subcontractor shafl within finro
working days after the time of the prime bid opening by the
awarding authority give written notice to the awarding authority and
copies of that notice to both the subcontractor he or she claims to
have fisted in error and the intended subcontractor wha had bid to
the prime contractor prior to bid opening.
Any listed subcontractor who has been notified by the prime
contractor in accordance with this section as to an inadvertent
clerical errar shall be allowed six working days from the time of the
prime bid opening within which to submit to the awarding authority
and to the prime contractor written objection to the prime
contracto�'s claim of inadvertent clerical error. Failure of the listed
subcontractor to file the written notice within the six working days
shall be primary evidence of his or her agreement that an
inadvertent clerical error was made.
The awarding authority shall, after a public hearing as provided in
Section 4107 and in the absence of compeiling reasons to the
contrary, consent to the substitution of the intended subcontractor:
(a) If (1} the prime contractor, (2) the subcontractor listed in error,
and (3) the intended subcontractor each submit an affidavit to the
awarding authority along with such additional evidence as the
parties may wish to submit that an inadvertent clerical error was in
fact made, provided that the affidavits from each of the three parties
are filed within eight working days from the time of the prime bid
opening, or
(b) If the affidavits are filed by both the prime contractor and the
intended subcontractor within the spec�ed time but the
subcontractor whom the prime contractor claims to have listed in
error does not submit within six working days, to the awarding
authority and to the prime contracto�, written objection to the prime
PfltM Df�ERi NOUSiM6 801bU�11�
g:�planning\lauri aylalan\wrbs ortega villas subcontrecWr substitution hearing officer flnal decision.docx
Carlos Ortega Villas Project
Subcontractor Substitution Rpquest Hearing
24 June 2014 Page 7
contractor's claim of inadvertent clerical error as provided in this
section.
If the affidavits are filed by both the prime contractor and the
intended subcontractor but the listed subcontractor has, within six
working days from the time of the prime bid opening, submitted to
the awarding authority and to the prime contractor written objection
to the prime contractor's claim of inadvertent clerical error, the
awarding authority shall investigate the claims of the parties and
shall hold a public hearing as provided in Section 4107 to
determine the validity of those claims. Any dete�mination made
shatl be based on the facts contained in the declarations submitted
under penalty of perjury by all three parties and supported by
testimony under oath and subject to cross-examination. The
awarding authority may, on its own motion or that of any other
party, admit testimony of other contractors, any bid registries or
depositories, or any other party in possession of facts which may
have a bearing on the decision of the awarding autharity.
3.30.200 of the PDMC similarly provides as follows:
The prime contractor as a condition to assert a claim of inadvertent clerical error
in the listing of a subcontractor shall within two working days after the time of the
prime bid opening by the awarding authority give written notice to the awarding
authority and copies of that notice to both the subcontractor he or she claims to have
listed in eITor and the intended subcontractor who had bid to the prime contractor
prior to bid opening.
Any listed subcontractor who has been notifed by the prime contractor in
accordance with this section as to an inadvertent clerical error shall be allowed six
wo�king days from the time of the prime bid opening within which to submit to the
awarding authority and to the prime contractor written objection to the prime
contractor's claim of inadvertent clerical error. Failure of the listed subcontractor to
�le the written notice within the six working days shall be primary evidence of his or
her agreement that an inadvertent clerical error was made.
The awarding authority may, after a public hearing as provided in Section
3.30.190 of this chapter and in the absence o# compelling reasons to the contrary,
consent to the substitution of the intended subcontractor.
P�LM BESE�1 NOUSINi B�iH�tli9
g:�planning\lavri aylaian\carlos ortega vNlas subconuactor svbst(tutlon hearing officer final decfsion docx
Carlos Ortega Villas Project
Subcontractor Substitution Request Hearing
24 June 2014 p�ge g
V FINDINGS OF FACT AND CONCLUSlONS
A. Flooring Subcontractor Substitution
1) Both Floor Tech and Residential Design Sen►ices signed an Affidavit of
Acknowledgment stating that Optimus included an inadvertent clerical error
in their (Optimus') Designation, and that Optimus intended to subcontract
the floo�ing and tile to Residential Design Services alone.
2) Additionally, neither Floor Tech nor Residential Design Services attended
the hearing, though both were served with notice by the Housing Authority
of the date and the time of the hearing, to offer contradictory testimony or
otherwise object to the subcontractor substitution.
3) Finally, there is written and oral testimony by Mr. Massie to demonstrate
that he made an inadvertent clerical error on the morning of June 2, 2014
when he failed to remove Floor Tech's name from the Designation that was
submitted with Optimus'bid. There is no evidence to support any alternate
theory of why Floor Tech's name appeared on the Designation.
B. Roofing Subcontractor Substitution
1) Optimus' lump sum bid for Division 07 work is the numerical sum of six sub-
bids. The total (isted on their bid form equals the six sub bids o� if DBR
Premium's bid amount is used. If either of Builder's Choice's bid amounts
(the original bid or the revised bidj is used, the Division 07 total would not
equal the lump sum bid submitted on their bid form.
2) Mr. Robert Massie's explanation of the reason for listing Builder's Choice on
the Designation of Subcontractors is credible. His explanation for his failure
to delete Builder's Choice before submitting the Designation reflects poor
attention to detail, but is credible as a inadvertent clerical error made during
the chaotic hours before submitting a bid listing 33 subcontractors.
3) No evidence was presented prior to, at, or after the hearing that supports an
alternate theory as to why both roofing contractor names were used,
especially in light of the lump sum bid amount, which would only total if
DBR Premium's bid were used.
4) In light of the preceding, and given that there was no evidence submitted to
indicate that the inclusion of Builder's Choice on the Designation was
intentional or served any purpose that would benefit Optimus, it is
reasonable to canclude that listing Builder's Choice was, indeed, an
inadvertent clerical error.
��lM IESERi HOUSIN6 RniNORIiY
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Carlos Ortega Villas Project
Subcontractor Subsiitution Request Hearing
24 June 2014 Page 9
VI DECISION OF THE HEARING OFFICER
With regard to the flooring, in the absence of compelling reasons to the contrary,
based on the above findings, pursuant ta Public Contract Code sections 4107(a)(5) and
4107.5 and Palm Desert Municipal Code sections 3.30.190 and 3.30.200, Optimus'
request for substitution of Residential Design Services for Floor Tech is GRANTED.
While the Housing Authority acknowledges the dispute between the Optimus and
Builder's Choice, it is not within the Housing Authority's authority to resolve such a
dispute; the Housing Authority must simply determine if Optimus' request for
substitution is appropriate pursuant to Public Contract Code 4107 sections (a)(5) and
4107.5 as well as Palm Desert Municipal Code sections 3.30.190 and 3.3.0.200. In this
case, no compelling evidence was presented that demonstrated that the listing of
Builder's Chaice was anything but an inadvertent clerical error, especially in light of
Optimus' lump sum bid amount and Mr. Massie's declaration. As such, based on the
above findings, pursuant to Public Contract Code sections 4107(a)(5) and 4107.5 and
Palm Desert Municipal Code sections 3.30.190 and 3.30.200, Optimus' request for
substitution of DBR Premium for Builder's Choice is GRANTED.
The Housing Authority hereby determines that both af Optimus' proposed
substitutions are consistent with California Public Contract Code section 4100-4114 and
Palm Desert Municipal Code sections 3.30.190 and 3.30.200.
PREPARED AND SUBMITTED BY: DATE:
_._.._.___.; ____.___�.�
_
_. � - _�
--''�!: �f .. Y;, ,-�-�r �r�, �t �;:�:;'; �
m,..�:: ._
Lauri Aylaian
Director of Community Development
P�IM UESERI NOUSIN6 RY1H�R(1Y
g:�planning\lauri ayla�an\wrlos ortega viNas subcontractor substitutbn heanng officer flnal decision.docx
PRO EST
CONSTRUCTORS
June 25, 2014
Heather Buck
City Council
City of Paim Desert
Palm Desert Civic
73-510 Fred Waring Drive
Palm Desert, CA 92260
Re: Protest of ProWest PCM, Inc. to Award of Contract for Carlos Ortega Villas
Project to Optimus Construction, Inc.
Dear Ms. Buck:
ProWest PCM, Inc. ("ProWesY') hereby protests the intended award by the City of Palm Desert
("City") of the contract for the construction of the Carlos Ortega Villas Project(the"Contract")to
Optimus Construction, Inc. ("Optimus"). This protest is submitted within five days of the City's
internet posting of the Agenda for the June 26, 2014 City Council meeting requesting award of the
Contract to Optimus. As a result, ProWest's protest is timely. As the second lowest bidder for the
Contract, ProWest has standing to submit this protest.
Factual Backs�round
The Contract for the Project was bid on June 2, 2014 at 2:00 p.m_ Optimus was the tow bidder at a
price of$15,423,351. ProWest was the second low bidder at a price of$17,052,385. Daug Wall
Constnaction, Inc. was the third low bidder at a price of$17,521,668. At the time of bid opening the
City did not issue a statement of intent to award the Contract to Optimus. The City also refused to
release the subcontractor lists and bid forms submittsd by the hidders.
On June 6, 2014 the City posted on its website an Agenda for the City Council's June 12, 2014
meeting that contained an entry requesting award of the Contract to Optimus. On June 10, 2014,
before the deadline for protesting the intended award had expired, you telephoned ProWest and
informed it that the City was pu{ling from the June 12, 2014 meeting Agenda the request for approval
of to the award of the Contract to Optimus. You informed ProWest that Optimus had requested relief
from its bid under Public Contract Code seetion 5103 on the grounds that it had made a clerical
mistake in the preparation of its bid. The clear implication is that Optimus acknowledged leaving
Contract requirements out of its bid due to an aUeged clerical error, and that it could not perform the
required work at the price it proposed. That conclusion is also supported by the fact that Optimus'
bid is more than $1,600,000 lower than both the second and third lowest bids for the Contract, which
were only 40% apart. You also asked ProWest questions about the subcontractors it listed in its bid,
giving ProWest the impression that it wouid be awarded the Contract.
After 5:00 p.m. on Friday, June 20, 2014, the City posted on its website an Agenda fo�the City
Council meeting on June 26, 2014. The Agenda includes a request for the award of the Contract to
Optimus in an amount not to exceed $15,423,351.
Page 1 of 4
ProWest PCM,Inc.22710 Palomar Street,Wildomar,CA,92595 Telephone:951-678-1038 Facsimile:951-678-1034
PR�1/E,S T�
CONSTRUCTORS
On Monday, June 22, 2013, ProWest called you to inquire about the proposed award to Optimus.
You informed ProWest that Optimus had withdrawn its request to be relieved of its bid, and the City
intended to go forward with an award to Optimus. P�oWest asked for a copy of Optimus'withdrawal
letter. Later that day you sent Pro West copies of Optimus' letter dated June 9, 2014 requesting
relief from its bid pursuant to Public Contract Code section 5103, and Optimus' letter dated June 13,
2014 withdrawing its request for relief.
On June 25, 2014 ProWest requested and received from you a copy of the Optimus' June 4, 2014
correspondence and revised Designation of Subcontractors. That letter is referenced in a footnote in
Optimus' June 13, 2014 letter, but had not been previously provided to ProWest. In its June 4, 2014
letter Optimus asks the City to allow Optimus to"make substitutions"to the Designation of
Subcontractors Optimus submitted with its bid for the Project. Optimus claims that as a result of an
"inadvertent clerical er�or" it listed finro roofing subcontractors: DBR Roofing for the roofing
requirement and Builder's Choice for the membrane roofing requirement. In its letter Optimus states
that it did not intend to list both subcontractors; and it intends to use DBR Roofing for the entire
roofing scope of work.
In its June 4, 2014 letter tJptimus also claims to have"inadvertent(y neglected to include three
trades." Optimus asks to add subcontractors for the dry utilities, fire detection and metal fabrication
work required by the Contract. Optimus makes no attempt to explain how the double listing of two
subcontractors and failure to list three additional trades required by the Contract specifications was
an uinadvertent clerical enor' and not the result of an error in judgment or carelessness by Optimus.
Optimus also makes no reference to Public Contract Code section 4106 which requires Optimus to
self-perform the work at issue. By asking to now add subcontractors for the omitted work
requirements, Optimus admitted it left those significant work requirements out af its bid.
After sending its June 4, 20141etter asking to"substitute"subcontractors, Optimus obviously realized
that it could not perform the Contrac#at its bid price. Optimus'June 9, 2014 letter clearly states that
it is a request for relief from its bid under Public Contract Code section 5103. That statute is
intended to provide relief for inadvertent underbidding under limited circumstances. Section 5103
allows a public agency to relieve a bidder from its bid without forFeiting its bid bond only if the bidder
demonstrates it made a clerical error in filling out its bid that made the bid materially different than he
or she intended it to be.
In its June 9, 2014 letter Optimus claims that the"clerical error" it made in filfing aut its bid form was
listing different subcontractocs for the"roofing" and "membrane roofng" requirements, and two
different subcontractors for the"flooring"and"tiling" requiremants. Optimus ciaims that the"mistake"
made its bid"materially difFerent"than what it intended because it intended to have a single
subcontractor pertorm "roofing" and a single subcontractor pe�form "floo�ing" under the Contract.
Again, Optimus presents no facts showing that the alleged mistakes were clerical errors and not the
result of carelessness or an error in judgment. In its June 9, 2014 request for relief, Optimus
states that it did not intend to self-perform either the roofing or flooring work as it would be required
to do under Public Contract Code section 4106 based on its admitted listing of more than one
subcontractar for the same portion of work. Optimus makes no mention of its omission of the three
other trades from its bid, apparently abandoning its argument that the omission was a"clerical error."
Optimus' June 4, 2014 and June 9, 2014 letters are admissions that it violated Public Contract Code
section 4106. Optimus admits it identified more than one subcontractor for the same po�tion of the
work to be performed, and failsd to list at least two subcontractors for work in excess of one-half of
Pege 2 of 4
ProWest PCM,Inc.22710 Palomar Street,Wildomar,CA,92595 Telephone:951-678-1038 Facsimile:951-678-1034
---
p►Ro E�r
CC�NSTRUCT�RS
one percent of Optimus'total bid. Under section 4106, which is intended to prevent bid shopping
and bid peddling by prime contractors, Optimus is deemed to have agreed that it is fully qualified to
perform the roofing, flooring, dry utilities, fire detection and metal fabrication requirements itself, and
that it will in fact perform that wo�k itself. If Optimus is awarded the Contract, it is precluded from
subcantracting that work to others. If Optimus does subcor�tract the work after award of the Contract
it will be subject to disciplinary action by the Contractors State Licensing Board, potential suspension
of its contracting license, cancellation of the Contract and a penalry of up to 10°�of the roofing and
flooring subcontracts involved.
In its request for relief from its bid, Optimus states that it does not intend to self-pertorm the roofing
and flooring wark. Although it does not address the dry utilities, fire detection and metal fabrication
work, its request to add subcantractors for those trades is an admission Optimus does not intend to
perform that significant work itself either. Optimus has effectively acknowledged that it is now
"shopping"fo�subcontractors to perform the work Optimus omitted from its bid. That is a clear
violation of the Subletting and Fair Practices Act, Public Contract Code sections 4100, et seq.
In its June 13, 2014 letter Optimus purports to withdraw it request for relief under section 5103 and
states that it"intends to proceed pursuant to Public Contract Code section 4107(5}." Optimus'
withdrawal of its request for relief is likely motivated by its recognition that it will lose its bid bond
because it cannot establish that its underbid was the result of a"clerical error.° While Optimus
initially claimed its mistake materially affected its bid price to the extent it warranted relief under
section 5103, it now tries ta characterize its mistake as an "inadvertent clerical error" in the listing
duplicate subcontractors and failing to list others, and asks for permission to substitute its intended
subcontractors.
Although it is obligated under section 4106 to perform the roofing, flooring dry mechanical and metal
fabrication work itself, Optimus is asking the City to relieve it of that obligation and allow it to remove
subcontractors it lis#ed and add subcontractors it did not list. Optimus' request is a blatant example
of the type of bid shopping that is prohibited by California's public contracting laws. Optimus' actions
show that its bid is not responsive and must be rejected by the City. Moreover, by admitting it has
not included trades in its bid and does not intend to perform the omitted work itself, Optimus has
thrown into question its responsibility and ability to satisfy the Contract requirements in its entirety.
Protest Grounds
A basic rule of competitive bidding is that bids must conform to the specifications, and that if a bid
does not confortn it may not be accepted. A bid that substantially conforms may only be accepted
where the variance cannot have affected the amount of the bid or given the bidder an advantage or
benefit not allowed other bidders. See, Ghilotti Construcfion Co. v. City of Richmond, 45 Cal. App.
4`h 897 (1996). In this case Optimus has admitted that its bid deviated from the specifications in a
way that materially affected its price and gave Optimus an advantage not allowed to the other
bidders.
Optimus has admitted that its bid did not include at least three Contract requirements: dry utilities,
fire detection and metal fabrication. This omission arti�cially deflated Optimus' bid and helped make
Optimus the low bidder by more than $1.6 million. Optimus has also admitted that the double listing
of roofrng and flooring subcontractors materially affected its bid price so significantly that Optimus
sought relief from its bid under section 5103. Obviously the omission of the work requirements
makes Optimus' bid non-responsive, affected its pricing and gave it an unfair advantage over the
bidders that included all of the requirements in their pricing.
Page 3 of 4
ProWest PCM,Inc.22710 Palomar Street,Wildomar,CA,92595 Telephone:951-678-1038 Facsimile:951-678-1034
PRO EST
CONSTRtJCTORS
The double listing and the omission of subcontractors gives Optimus an unfair advantage over the
bidders who played by the rules. Optimus now has the benefit of the prices the subcontractors gave
to other bidders and not listed by Optimus. If awarded the Contract Optimus will be able to bid shop
the worlc and ccerce the subcontractors to lower their prices. This is exactly the type of conduct the
bid shopping statutes are intended to prevent.
The City should not allow Optimus to violate bid shopping laws and then grant Optimus relief from
the serious penalties associated with its conduct. Optimus should not be permitted to"buy into"the
Contract with an artificially low price that is the result of a violation of Public Contract Code section
4106. That is exactly what will happen if the City accepts Optimus' bid and then allows it to
substitute subcontractors it listed and add others it omitted.
ProWest also protests the proposed award on the ground that Optimus is not a responsible bidder
under the circumstances. A bidder is responsible if it can perform the contract as promised. The
concept of responsibility focuses on the contractor's trustworthiness, quality, fdness and capacity to
satisfactorily perform. See, City of Inglewood-tos Angeles Civic CenterAuth. v. Superior Court, 7
Ca13d 861 (1972).
Optimus has admitted that it failed to list subcontractors and identified duplicate subcontractors for
work that Optimus is not qualified to perform and does not intend to perform itself. Public Contract
Code section 4106 requires Optimus to perform the work itself or face cancellation of the Contract
and monetary penalties. Optimus has admitted that its bid does not include funding for significant
Contract requirements. Based on its own admissions, there is serious doubt that Optimus will be
able to complete the roofing,flooring, dry mechanical, �re detection and metal fabrication work
required by the Contract. In addition, Optimus' complete disregard far competitive bidding laws calls
into question its trustworthiness and fitness to pertorm this public Contract.
Canclusion
Optimus has admitted that it underpriced its bid by omitting significant work items. That alone makes
Optimus' bid non-responsive because it does not confirm to the Contract specifications. To protect
its bid bond Optimus asks the C�y to cure its non-responsive bid by ignoring competitive bidding
laws. Optimus asks the City to alfow Optimus to fix its bid by adding omitted trades and removing
contractors it listed when it submitted its bid, in direct violation of Pubfic Contract Code section 4106.
What Optimus requests will violate the law and place the Project at risk.
The solution is for the City to sustain ProWesYs protest, reject Optimus' bid, and award the Contract
to ProWest as the next lowest bidder. The City will nat be required to conduct hearings into
Optimus' claims it committed clerical errors in its subcontractor listing and its request to add and
substitute subcontractors. Moreover, the City will be assured it will have a responsible contractor
who has inctuded all Contractor requirements in its bid.
Sincerely,
Proyl% st Constructor�
�
./��r� l��y�j \.._7
�''�
andy Craig
President
Pape 4 of 4
ProWest PCM,Inc.22710 Palomar Street,Wildomar,CA,92595 Telephone:951-678-1038 Facsimile:951-678-1034
440 Western Ave.,Ste.202
Glendale,CA 91207
� � (voice)818.550.8411
��,�� lfax)818.550.9411
C O N 5 T R U C T 1 O N 1 N C.
- -
Via Fax(760)341-7098
Via Email:hbuck@cityofpalmdesert.org
Via Certified Mai1 7013 3020 0002 0314 7746
June 27,2014
Heathex Buck
City Council �
City af Palm Desert �
Palm Desert Civic
73-510 Fred Waring Drive
Palm Desert, CA 922b0
Re: Protest of ProWest PCM,Inc,to Award of Contract for Carlos Ortega Villas
Project to Optimus Construction, Inc.
Dear Ms. Buck:
Optimus Construction, Inc. provides the following response ta ProWest PGM, Inc.'s bid protest
with respect to Optimus' June 2, 2014 bid in response to the City of Palm Uesert's RFP for the Carlos �
Ortega Villas Prajeat a.ud urges the City to reject the bid protest. As diseussed belaw, Optimus is a
respons�ble bidder submitting the Iowest responsive bid in connection wifli the Project:
EXECUTFVE SUMMARY i
- The sole basis for ProWest's protest is Optimus' request to the City for consent to substitute
� subcontractors pursuant to the approved procedures set out in California's Subletting and Subcontracting �
Fair Practices Act. Because Optimus followed each of the procedures laid out in the Subcontractor
Listing Law and the City issued its consent to Optimus' substitution requests, there is no basis for the
City to reject Optimus' bid. It appears that ProWest has not had the benefit of reviewing the
deelazations of Jeffrey Boysen,Robert Gibson,Stephen Eiguren,and Robert Massie, all of Optimus,that
laid out in detail the inadv�rtent clerical errors that justify the City's consent to substitution.
Indeed, ProWest holds a fundamental misunderstanding that Optimus has underpriced its bid by
omitting significant work items. Clearly, ProWest does not understand Optimus' bid or its position
regarding its subcontractor substitution request and its init'ial request for bid relief. Optimus' double
listing of roofing and flooring subcontractors absolutely did not materially affect Optimus' bid price.
Because the listing was the result of inadvertent clerical error, i.e., failing to delete one of the two listed
subcantractors, Optimus' price was not impacted by the double listing. ProWest assutnes that Optimus
initially requested relief from its bid, because of the price rssue. In reality, Optimus initially requested
relief from its bid because it could not, based on its expertise and insurance issues, self-perform the
roofing or the flooring. The initial request for relief had nothing to do with price.
Knowing about the double listing,it was the City that approached Optimus to withdraw its
request for relief and proceed pursuant to Public Contract Code section 4107.5.
19085574v1
Further, the omission of its dry utilities and metal fabrication subcontractars does not make
Optimus' bid non-responsive, it does not affect its pricing, it did not artificially deflate Optimus' bid,
and it did not give Optimus an unfair advantage over the other bidders. First, all of the subcontractor
prices were included in Optimus' bid price. Second, Optimus has advised the City that if it will not
consent to Optimus' substitution of those subcontractors, Optimus will self-perform.
Further, as the below discussion demonstrates, the results of the City consenting to the
subcontractor substitutions that Optimus xequested, does not result in Optimus or the,City violating the
competitive bidding law in any way.
ABOUT OPTTMUS . ._
Optimus was founded by Jeffxey P. Boysen, a licensed California general contractor since 19.79.
Mr. Boysen's experience includes custom high-end residential, single family production homes, multi-
family apartments, and condominiums as well as commercial office, medical and retail construction:
Optimus management employs a combination of industry best practices and proprietary processes
developed over three decades of construction and project management experience. Optimus.has.dire�t
relationships with over 700 pre-qualified subcontractors,many of whom specialize in the constniction of
subsidized multi-family housing. Optimus specializes in developing quality housing in sensitive
community envixonments where complex staging techniques are required. .
FACTUAL BACKGROUND
The fallowing is the listing of key events related to the City's Request for Bids, Optimus'
substitution request,and ProWest's protest.
OPTIMUS BID TO THE CITY ' '
• On June 2, 2014, Optimus submitted its bid to the City in the total amount of $15,423,351.39.
Attach�d to tYris Response as Exhibit 1 is a true and correct copy of Optimus' Bid, which includes
Section.00 43 36 Designation of Subeontractors To Aceompany Bid for the City of Palm Desert's Carlos
Ortega Villas Project#825-1 l, Coniract#HA29410B (the"Designatian).
• Immediately after the bid opening, Optimus realized that its Designation of Subcontractors contained �
inadvertent clerical errors. Therefore, on hme 4, 2014, it submitted an amended Designation of
Subcontractors as well as its written notice to the City of the inadvertent subcontractor listings with
copies to the subcontractors listed inadvertently an.d the intended subcontractors who bid to Optunus �
prior to bid opening. Attached to this Response as E�chibit 2 is a true and correct copy of Optimus' ;
amended Designation of Subcontractors that it submitted to the City on June 4, 2014 when it realized :
that there were inadvertent clerical errors contained on the Designation(the"Amended Designation").
• Optimus was concerned about the inadvertent clerical enors in its bid and believed it needed to
request relief from its bid, notwithstanding its notice to the City of its inadvertent clerical error in the
Designation. Therefore, by lettex, dated June 9, 2014, it requested relief from its bid. Attached to this
Response as Exhibit 3 is a true and correct copy of Optimus' request for bid relief. Contrary to
ProWest's suggestion that Optimus acknowledged leaving contract requirements out of its bid, Optimus
acknowledged that it had committed inadvertent clerical errors in its Designation by listing more than
one subcont�actor for roofing and flooring and it was not in a position to self-perform the roofing and
flooring scopes of work,whether at its bid price or otherwise.
i9osss�aY� 2
• Also, conhary to ProWest's assertion, the fact that Optimus' bid is more than$1,600,000 lower than
both the second and third lowest bids, is not impacted by the inadvertent clerical error. As of the
submittal of its bid,Optimus intended to use DBR Roofing for roofing and RDS for flooring
• Upon receipt of Optimus' letter requesting relief from its bid, the City contacted Optimus and
confirmed that the only reason that Optimus had requested relief from its bid was its inadvertent clerical
errors in connection with the Designation. Accordingly, the City suggested tllat Optimus could use the
procedures laid out in Public Contract Code section 4100, et seq. regarding subcontractor substitution. �-
Accordingly, on June 13, 2014, Optimus withdrew its request for relief from bid and advised the City
that it intended to proceed pursuant to Public Contract Code sections 4107(5) and 4107.5. Attached to
this Response as E�ibit 4 is a true and conect copy of Optiznus withdrawal of its request for bid relief.
ROOFING�SUBCONTRACTOR DESIGNATION
• Both Builder's Choice of San Marcos and DBR Roofing of Van Nuys were listed as roo_fing
subcontractors on the Designation,with Builder's Choice being listed as"Membrane Roofing"and DBR
Roofing being listed as "Roofing." Optimus submitted declarations under penalty of perjury of Robert
Massie, Robert Gibson, and Stephen Eiguren explaining the inadvertent clerical error that occtured in
connection with Optimus' roofing subcontractor.
6 At Optimus, for its cost coding for all roof work, it typically uses the term "membrane roofing."
Under the 2010 CSI (Construction Specifications Institute) Cost Codes, roofing is in the 07 category.
There are six categories:
07 50 00 75000.0�1 Membrane Roofing
07 51 00 75100.001 Built-Up Bittuninous Roofing
07 51 13 75113.001 Built-U As halt Roofing
07 52 00 75200.001 Modified Bituminous Membrane Roofin
� 07 53 00 75300.001 Elastomeric Membranc Roofin �
07 56 00 75600.001 FIuid-A lied Roofin
• Optimus has selected the first one listed, "75000.001 Membrane Roofing," to cover all roofing
instead of breaking it down to the further categories of roofing. Accordingty,when Optimus prepares iCs
subcontractor lists,it typically refers to roofing subcontractors as"Membrane Roofing."
• On May l, 2014, Optimus received DBR Roofing's subcontractor bid for the roofing portion of the
project. Attached to this Response as Exhibit 5 is a true and correct copy of DBR Roofing's bid. '
• On May 3Q, 2014, Optimus received Builder's Choice's bid for the roofing portion of the project.
Attached to this Response as Exhibit 6 is a true and correct copy of Builder's Choice bid.
• Having reviewed the bids of Builder's Choice and DBR Roofing for the roofing, Stephen Eiguren,
Optimus' Project Manager/Estimator, noted that Builder's Choice's price was lower than DBR
Roofing's price and, therefore, listed Builder's Choice an Optimus' internal bid abstract. Builder's
Choice included the Statement: "Tlus is a Prevailing VJage Job"on its bid.
1908557Av1 3
• When Robert Massie, Optimus' Contract Admin, first prepared the Designation, Builder's Choice
was included as the low bidder for roofmg work for the project. Mr. Massie toak the names of the
subcontractors from Optimus' bid abstract and inserted them on the Designation. Although, as noted
above,the bid abstract is prepared in cost code/trade order, when Mr. Massie prepared the Designation,
he listed them in alphabetical order.
� On June 2,2014,the morning that Optimus' bid was due to the City,Mr. Eiguren xeceived a revised
bid from Builder's Choice. Attached to this Response as Exhibit 7 is a true and correct copy of -
Builder's Choice revised bid, noting: "The proposal price has been adjusted due to recalculation of
Prevailing Wages and Per Diem in Riverside County for 2014." Builder's Choice increased its price.
By compaxison, DBR Roofing's bid price was then lower than Buiider's Choice's bid pxice. Therefore,
Mr. Eiguren notified Robert Gibson, Optimus' Vice President of Construction,to instruct Robert Massie
to i�sert DBR Roofing as Optimus' roofing subcontractor in place of Builder's Choice on the`
Designation. Mr. Gibson unmediately called over to Mr. Massie, instructing fiim to insert DBR Roofing .
as Optimus' roofing subcontractor. Mr. Gibson understood that Mr. Massie vvould insert DBR Roofing
and delete the previous roofing subcontractor that Optimus had originally included,Builder's Choice. �
• In the rush and flurry of activity to finalize Optimus' bid that morning, when Mr. Gibson called over
for Mr. Massie to insert DBR Roofing in fi.he place of Builder's Choice, rather than recognize that
Builder's Choice was already included on the Designation under Membrane Roofing and needed to be
deleted, Mr.Massie inserted DBR Roofing under "Roofing," as the low bid roofing subcontxactor.
Mr. Massie did not notice that Builder's Choice was included under "Membrane Roofing." Therefore,
he failed to delete it from the Designation.
• Mr. Massie always intended to list only DBR Roofmg for Optimus' roofing subcontractor on the
Designation. �
• Because of the inadvertent clerical error, Optimus requested that DBR Roofmg and Builder's Choice
si.ibmit affidavits pursuant to Public Contract Code section 4107.5 acknowledging the inadvertent
clerical error. DBR Roofmg provided its affidavit. Attached to this Response as Exhibit 8 is a true and
correct copy of DBR Roofing's affidavit.
• Builder's Choice was reluctant to submit an affidavit and submitted an objection to the substitution.
Attached to this Response as Exlubit 9 is a true and correct copy of Builder's Choice objection.
• In an effort to avoid the Public Contract Code section 4107.5 hearing xegarding Optimus' roofing
subcontractor, Optimus approached Builder's Choice about performing a portion of the roof, which
Optimus characterized as "membrane roofing." Unfortunately, Builder's Choice disagreed with
Optimus' characterization of that portion of the roof as "membrane roofing." It would not be possible
for Builder's Choice to perform what it characterized as membr�ie roofing while DBR Roofing was I
performing the remainder of the roofing work. Accordingly, Optimus must proceed forward with its �
originally contemplated roofing subcontractor, DBR Roofing, who was the low roofing bidder for all
portions of the roof and its subcontractor substitution request in that regard.
• On June 24, 2104, the City conducted a subcontractor substitution hearing in connection with
Optimus' request for the City's consent to subcontractor substitution. Qptimus provided a11 of the
evidence the City needed to confirm that Optimus committed an inadvertent clerical error in connection
with the Designation and the City issued its consent to subcontractor substitution.
19085574v1 4
• On June 24, 2014, Heather Buck, Project Coordinator, for the City wrote to Optinnus with the
following question regarding DBR Roofmg: "[I]n review of the bid submitted by DBR Premium, Jnc.,
item number 3 tulder the Desci-iption of work lists a torch down system. I believe this is a deviation
from the Plans and Specifications. Please confirm that Optimus intends to provide the
products/materials as specified in the Plans and Specifications for this project." Attached to this
Response as Exhibit 10 is a true and correct copy of the City's query.
• On Jluie 25, 2014, Optimus responded to the City's request advising that Optzmus will install �
products and materials for the roofing and all other trades pursuant to the Plans and Specifications for
the Project. Attached to this Response as Exhibit 11 is a true and conect copy of Optimus' letter to the
City.
FLOORING SUBCONTRACTOR
• Both Floortech of Orange and Residential Design Services(RDS)of Anaheim were listed as flooring
subcontractors on Optimus' Declaration of Subcont�ractoxs,with Floortech being listed as"Flooring"and
RDS being listed as"Tiling."
• In response to Optimus' request, RDS has submitted an affidavit as the intended flooring
subcontractor. Attached to this Response as Exhibit 12 is a true and correct copy of RDS' aff'idavit.
• Floortech has submitted an affidavit acknowledging Optimus' inadvertent clerical enor. Attached to .
this Response as Exhibit 13 is a true and correct copy of Floortech's affidavit.
• When Mr. Massie first prepared the Designation, bath Floortech and RDS were listed on Optimus' .
bid abstract,with Floortech being listed as"Flooring"and RDS being listed as"Tiling,"just as it was on
the Designation.
� On May 27,2014,RDS submitted a bid for both flooring an.d tiling combined. Stephen Eiguren then
modified the bid abstract to reflect that RDS would be Optimus' flooring subcontractor. In the rush of
the morning of the submission of the bid and the Designation,Mr. Massie failed to double-check the bid
abstract to determine whether there had been any changes to the flooring subcontraetors to be ineluded
in the Designatioii and, therefore, inadvertently left the Designation to reflect the two subcontractors,
only one of which did Optimus intend to perform the flooring work for the Project,RDS.
. Optimus provided a11 of the evidence the City needed to confirm that Optimus comrnitted an
inadvertent clerical error in connection with the Designation and the City has issued its consent for
subcontractor substitutian.
� I
UTILITIES SUBCONTRACI'OR
• James A. Shirley Construction, Inc. (Shirley) of Yucea Valley was originally listed as Wet Utilities,
which term encompassed water, sanitary sewerage, and storm drainage utzlities. In the Amended
Designation, Shirley is a1s� listed as Dry Utilities. Shirley was not originally listed as Optimus' dry
utilities subcontractor on either its internal bid abstract or its Designation due to an inadvertent clerical
error. Shirley had submitted the low bid for the all of the utilities work and Optimus had included that
number in its total bid to the Ciry. However, Shirley did not get on the abstract and,thus, did not get on
the Designation as to dry utilities. Optimus always intended to include Shirley as Optimus' utilities
subcontractor,both wet and dry.
19085574v1 5
• In accordance with Public Contracts Code section 4107.5, Optimus xequested that Shirley submit an
affidavit acknowledging Optimus' inadvertent clexical error in including the word "wet" in its
Designation. Shirley has submitted an affidavit as the intended utilities subcontractor. Attached to this
Response as Exhibit 14 is a true and correct copy of Shirley's affidavit.
• Optimus has requested that the City consent to the substit�rtion of Shirley as the dry utilities
subcontractor in the place of Optimus.
• In its June 24, 2014 correspondence, the City asked: "In Optimus' letter dated June 4, 2014, it was
stated that Optimus inadvertently neglected to include three trades (dry utilities, fire detection, and metal
fabrication). Then, in a Ietter dated June 13, 2014, Optimus stated that the fire detection subcontract
value is less than one-half of one percent (Public Contract Code Section 4104). As there is no provision
in the Public Contract Code for adding a subcontractor, Optimus intends to self perform the above listed
work. Please confirm if this is correct."
• In Optimus' June 25,2014 response, Optimus responded: "You are correct that,in Optimus' June 4,
2014 letter, we noted that Optimus inadvertently neglected to include thr�e trades (dry utilities, metal
fabrication arxd fixe detectiox�). As to the dry utilities and metal fabrication, our approach was to
substitute James A. Shirley and White's Steel in Optimus' place. We obtained and provided to the City �
signed affidavits of acknowledgement of inadvertent clerical enors from both parties for.the purpose of �
requesting this substitntion. However, if the City will not consent to the substitution, Optimus is
prepared to self perform the dry utilities and metal fabrication trades."
• Contrary to ProWest's assertion, by asking ta substitute in Shirley as the utilities subcontractor for
both wet and dry utilities, Optimus is not admitting that it left that work requirement out of its bid. It
has provided evidence that it inadvertently left off"diy"utilities on its internal bid abstract. Its bid price
reflects both wet and dry utilities and contemplates Shirley as its utilities subcontractor.
METAL FABRICATION SUBCONTRACTOR
• White's Steel of Indio was not originally listed as Optimus' Metal Fabi�ication subcontractor. Its �
omission as .the metal fabrication subcontractor was an inadvertent clerical error. Optimus always �
intended to inciude White's Steel as Optimus' metal fabrication subcontractor. Its omission as the metal
fabrication subcontractor was an inadvertent clerical error as White's Steel was included in Optimus'
internal bid abstract but somehow Mr. Massie missed it and did not include it on the Designation. In
accordance with Public Contracts Code section 4107.5, Optimus requested that White's Steel submit an
affidavit acknowledging Optimus' inadvertent clerical error in omitting White's Steel from the
Designation. White's Steel has submitted an affidavit as the intended metal fabrication subcontractor.
Attached to this Response as Exhibit 15 is a true and correct copy of White's Steel affidavit.
• Optimus has requested that the City consent to the substitution of White's Steel as the rnetal
fabrication subcontractor in the place of Optimus.
• In Optimus' June 25, 2014 correspondence to the CiTy, Optimus stated: "You are correct that, in
Optimus' June 4, 20141etter,we noted that Optiinus inadvertently neglected to include three trades (dry
utilities,metal fabrication and fire detection). As to the dry utilities and metal fabrication, our approach
was to substitute James A. Shirley and White's Steel in Optimus' place. We obtained and provzded to
the City signed affidavits of acknowledgement of inadvei�tent clerical errors from both parties for the
19085574v1 6
purpose of requesting this substitution. However, if the City will not consent to the substitution,
Optimus is prepared to self perform the dry utilities and metal fabrication trades."
• Contrary to ProWest's assertion, by asking to substitute in White's Steel as the metal fabrication
subcontractor, Optimus is not admitting that it left that work requirement out of its bid. It has provided
evidence that on its internal bid abstract it included White's Steel as its metal fabrication sttbcontractor.
The fact that its bid price is reflected in its internal bid abstract and includes White's Steel as its metal
fabrication subcontractor proves that Optimus did not leave out the metal fabrication work from its bid. -
FIRE PROTECTION SUBCONTRACTOR •
• The Designation did not list a fire �rotection subcontractor. Accordingly, in the Amended
. Designation,Optimus adcied its fire detection subcontractor,Pyro-Comm.
• However, as of its June 13, 2014 request for consent of subcontractor substitution, it realized that
Pyro-Comm's subcontract value was less than the one-half of one percent threshold of Public Contracts
Code section 4104 such that Optimus was no longer requesting consent for substitution.
• The fire detection.bid of Pyro-Comm system was $61,490. Attached to this Response as Exhibit Ib
is a true and correct copy of Pyro-Comm's bid. Optimus' bid price is.$15,423,351.39. Hence, Pyro-
Comm's subcontract price is only .4% of Optimus' total bid. Publie Contract Code Section 4104 only
requires that bidders set forth the name and location of each subcontractor who will perform work"in an
�nount in excess of one-half of 1 percent of the prime contractor's total bid."
p Accordingly, there was no need for Optimus to Iist Pyro-Comm in either the Designation or the
Amended Designation. Therefare, it withdrew its request ta substitute Pyro-Comm as its fire protection
subcontractor because it never needed to list it in the first place,pursuant to section 4014: -
• Optimus advised the City that it is free under the Subletting and Subcontracting Law to subcontract
that fire detection portion of the work or to self perform it. If further advised that Optimus intends to
subcontract the fire protection scope of work to Pyro-Comm and not self-perform it.
LEGAL ARGUMENT
By its bid protest, ProWest is improperly conjoining the Subcantractor Sttbletting and
Subcontracting Fair Practices Act with the law of competitive bidding. The City should evaluate each
area of law separately,as intended by the statutory framework.
Optimus has done everything to come directly within Public Contract Code section 4107.5 and
4107(5). Section 41Q7.5 provides,in relevant part: '
The prime contxactor as a condition to assert a claim of inadvertent clerical
error in the listing of a subcontractor shall within two working days after
the time af the prime bid opening by the awarding authority give written
notice to the awarding authority and copies of that notice to both the
subcontractor he or she claims to have listed in error and the intended
subcontractor who had bid to the prime contractor prior to bid opening.
►9osss�aYi 7
In this situation, Optimus inadvertently listed,as a result of a clerical error, Builder's Choice as a
roofing subcontractor and Floortech as a flooring subcontractor. Optimus has requested and received .
consent from the City to substitute DBR Roofing as its roofing subcontractor and RDS as its flooring
stibcontractor.
Further, Optimus inadvertently did not list its dry utilities an.d metal fabrication subcontractor
and has requested that the City consent to substitute Shirley as its dry utilities subcontractor and White's
Steel as its metal fabrication subcontractor. However, Optimus has confirmed that if the City will not
consent to these substiti.itions, it will self-perforrn this work.'
The City has issued its consent for Optimus ta use DBR Roofmg for roofing and RDS for
flooring and, whether or not the City consents to Optimus' use of Shirley for dry uti.lities and VJhite's
Steel for metal fabrication, Optimus is ready to sign the contract and build the project at the bid pxice
stated in its bid proposal. More importantly, since the City has issued those consents, ProWest's bid
protest has no basis whatsoever. �
Optimus agrees with ProWest's comments rega�rding competitive bidding--that bids must
conform to the speci�cations. Indeed, Optimus' bid conforms to the specifications there is no
variance. Of most significance,the subcontractar substitut�ons does not affect the amount of the bid and
does not give Optimus any advantage or benefit not allowed other bidders. See, Ghilotti Construction
Co.v. City of Richmond, 45 Cal. App. 4th 897 (1996), Contrary to ProWest's assertion, Optimus has not
admitted that there is any bid deviation from the specifications and Optimus has proved that its
inadvertent clerical errors in the Designation absolutely does not affect its price by as much as a dime
and, therefore, has not given Optimus any advantage whatsoever that was not allowed to the other
bidders.
Also, ProWest has failed to acknowledge that C}ptimus has followed the procedures regarding
subcontractor substitution by suggesting that there is any opportunity for Optimus to bid shop. ProWest
said: "If awarded the Contract Optimus will be able to bid shop the work and coerce the subcontractors
to lower their prices." This could not be further from reality. Optimus has sought the City's consent to
use each subcontractor it has identified and the City has had the opportunity to review the.subcontractor
bids. There is absolutely no opportunity for Optimus to change subcontractors once awarded the
contract without following a further substitution procedure. i
Unfortunately, ProWest has also questioned the responsibility of Optimus. Inadvertent clerical
errors do not suggest any issue with a contractor's trustworthiness, quality, fitness, or capacity to
satisfactorily perform. As the City is aware, if there is a challenge to the responsibility of a bidder, as ,
opposed to the responsiveness of its bid, the bidder is entitled to due process if there is any thought by
the City to reject its bid.
Public Contract Code section 1103 defines "responsible bidder" as "a bidder who has
demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to
satisfactorily perform the public works contract." The City must evaluate numerous factors, including,
for example,the financial capabilities of the bidder, the bidder's experience and familiarity with the type
of work of the project, the bidder's work on previoi.is projects, arzd the bidder's resources and facilities.
' As previously noted, the fire protective subcontract price is less than %z of i% of Optimus' bid price and,thus, is not an
issue.
1948SST4vl g
Of course, ProWest has provided no information, documentation, or evidence that challenges Optimus'
responsibility except its inadvertent clerical errors.
OPTIMUS HAS FOLLQWED TAE SC)BCONTRACTOR LISTING LAWS
Public Contract Code section 4101 sets out the purpose of California's Subletting and
Subcontracting Fair Practices Act:
The Legislature finds that the practices of bid shopping and bid peddling
in connection with the construction, alteration, and repair of public
improvements often result in poor quality of material and workmanship to
the detriment of the public,.deprive the public of the fu11 benefits of fair .
competition among prime contractors and subcontractors, and Iead to
insolvencies, loss of wages to employees,and other evils.
The subcontractor substihrtions to which Optimus requested and received approval from the
City, do not pose the evils that the Act seeks to prevent,bid shopping or bid peddling. First, each of the
requests for subcontractor substitution arises out of Optimus' inadvertent clerical errors as provided for
in Public Contract Code section 4107(5). Further, bid shopping is the practice of divulging a
subcontractor's bid to other prospective subcontractors before the award of a cor�tract in order to secure
a lower bid from those prospective subcontractors. In this case, Optimus has not engaged in bid
shopping—it is using the bid amounts received from prospective subcontractors, as they provided those
amounts to Optimus and is not trying to shop around for a lower price. Next, bid peddling is bid
shopping in reverse and occurs when a subcontractor who is not selected for a eonstruction project seeks
to induce the prime contractor to substitute his or her company for a subcontractor on the original bid by
offering to reduce its priee. Again, bid peddling has not oecurred in this case. (Southern Cal. Acoustfcs
Co. v. C. V. Holder, Inc. (1969} 71 Cal. 2d 719, 726; Valley Crest Landscape, Inc. v. City Council
(1996�41 Ca1.App. 4th 1-432, 1438.) _
'The Legislature enacted this statutory scheme to address perceived
problems with subcontractor financial solvency and the quality of
subcontractor work on public projects. In particular, the Legislature
wanted to (1) ensure the awarding authority would have the "opportunity
to...investigate and approve the initial subcontractors and alzy proposed
substitutions." (Southern Cal. Acoustics Co. supra, 71 Cal. 2d at p.
725}....
E.F. Brady Co. v. M.H. Golden Co. (1997) 58 Cal.App.4th 182, 189. The June 24,2014 hearing and the
written submittals to the City have allowed the City the opportunity to investigate and approve the
proposed substitute subcontractors.
In this situation,Optimus has demonstrated to the City aIl of the following:
1. It followed the procedures laid out in the Act for having the Ciry conduct a hearing and
review the evidence of inadvertent clerical error in order for the City of consent to the subcontractor
substitutions. By doing so, the City had the opportunity ta investigate the listed subcontractors and
approve the substitute subcontractors.
2. The need for subcontractor substitution was the result of inadvertent clerical error.
f
,�oass�a�i 9
3. The City's consent to the subcontractor substitution wauld not have allowed for bid
shopping.
4. The City's consent to the subcontractor substitution would not have allowed for bid
peddling.
After the public hearing, the City consented to the substitution of the intended subcontractors
because there were no compelling reasons to the contrary. Public Contract Code section 4107.5. �
PRO-WEST'S BID PROTEST IS WITHOIIT'MERIT
Competitive bidding �guards against favoritism, improvidence, extravagance, fraud and
corniption. Furthermore, the competitive bidding process prevents waste of public fuuds, obtains.the
best economic result for the public, and stimulates advantageous marketplace competition. See Domar�
Elec. v. City of Los Angeles(1994) 9 Ca1.4th 161, 173;Milder v. McKinnon (1942)20 Ca1.2d 83, 88. A
public entity's award of a competitively bid contract must be made to the "lowest responsible bidder."
California Public Contract Code §§ 1103, 20162, City of Inglewood-L.A. County Civil Ctr. .Auth.�v.
Superzor Court(1972)7 Ca13d 861, 867.
Optiznus is the lowest responsible bidder and should be awarded the contract. As to the issue of
the responsiveness of Optimus' bid, there are no legitimate claims within the Bid Protest insofar as
Optimus' bid constitutes an unqualified and binding offer to perform for a llunp sum price the project
work as specified within the bid documents. Under California law, a bid is responsive if it promises to
perform the contract as requixed within the bidding instructions. D.H. Williams Constructfon, Inc. v.
Clovis Unifzed School District (200?) 14b Ca1.App.4th 757, 764; Taylor� Bats Service, Inc., supra, 195
Ca1.App.3d at 134L Optimus' bid is responsive insofar as it constitutes an unqualified and binding offer
to perform the project work in accordance with the contract documents.
"The purpose of requiring governmental entities to open the contrac#s process to public bidding
zs to �li�aninate favoritism, fraud and corruption; avoid misuse of public funds; and stimulate market
place campetition." (MCM Construction, Inc. v. City& County of San Francisco (1998) 66 Cal.App.4th
359, 369.) In Konica Business Machznes U.S.A., Inc. v. Regents a/the University a/Californfa (1988)
206 Ca1.App.3d 449, Konica contended that the low bid was nonresponsive because it did not meet the
performance requirements set forth in the request for bids. The court found that the low bid gained an
unfair competitzve advantage where the deviation from the pei�formance requirements allowed it to
submit a lower bid than it otherwise could have. Accordingly, the court ordered the contract award
vacated and the contract to be rebid. In this case, Optimus' bid price is not impacted by its inadvertent
clerical errors (which are not deviations from the performance requirements) regarding its listing of
subcontractors and,tbus,Konica does not apply.
Tjadley Crest Landscape, Inc. v. City Council of Davis(1996)41 Cal. App. 4th 1432 is instructive
in its contrast to the current situation. In Yalley Crest, the court overturned an award to a bidder that
was perrnitted to recalculate the amount of wark to be performed by the contractor's own forces. In this
situation,Optimus has not requested any recalculation of its bid price.
19085.i94v1 10
CONCLUSION
California law requires that the award of this Contract be made to the lowest responsible bidder.
Optimus is the lowest responsible bidder. Consistent with California law, the City,having consented to
Optimus' subcontractor substitution request,must award this Project to Optinnus.
In the event that the City's preliminary determination is to reject Optimus' bid on an issue of
responsibility raised in the Bid Protest or otherwise, Optimus requests a hearing on those issues prior to ._
any final determination in order that it may respond to such preliminary determinations and, to the
extent necessary,provide the City with further infortnation as appropriate.
Very tru rs
,�-- �
n
P ident
19085574v1 1 1
, Exhibit 1
SECTION 00 41 13
REV/SED BID FORM
CARLOS ORTEGA VILLAS PROJECT
PROJECT NO. 825-11
CONTRACT NO. HA29410B
TO: PALM DESERT HOUSING AUTHORITY,°AUTHORITY"
DATE: Tune 2,2014
BIDDER: O�timus Construction.Inc. "CONTRACTOR"
The UNDERSIGNED, "CONTRACTOR", having carefuily examined the site and the Contract
Documents for the construction of, CARLOS ORTEGA VILLAS, PROJECT NO. 825-11,
CONTRACT NO. HA29410B, hereby proposes to constn�ct the work in accordance and in strict
conformity with the Pians, Specifications, and Contract Documents, including
Addenda No(s}. 1. 2 and 3 for the amount
stated in this Bid.
By submitting this Bid,CONTRACTOR agrees with AUTHORITY:
1. That uniess withdrawn in person by CONTRACTOR or some person authori2ed in
writing by CONTRACTOR before the time specified in the Notice Inviting Bids for the
public opening of bids,this Bid constitutes an irrevacabie offer for 90 calendar days after
that date.
2. The AUTHORITY has the right to reject any or all Bids and to waive any irregularities or
informalities contained in a Bid.
3. That the contract sha11 be awarded only by the goveming body of AUTHORiTY. Said
contract shaH onfy be deemed awarded after the CONTRACTOR'S compiete submission
of all contract documents, bonds, insurance documentation, and the AUTH�JRITY shall
obtain ali necessary signatures of the goveming body,at which ttme the contract shall be
deemed awarded.
4. To submit to AUTHORITY such information as AUTHORlTY may require to determine
the Bidder's�nanciai standing, experience and ability to perform the woric.
5. The Bidder to whom award of the Contract is made shatl execute a vv�itten contract with
the Authority in the form included in these Contract Documents within ten (10)days from
the date of mailing of written notice of the award. This Bidder shall alsa secure all
insurance and Bonds as herein spe�ed, and provide copies therefo� to the Authority,
within ten (10) days from the date of mailing of written notice of the award. Failure or
refusal to enter into tfie Con#ract or to conform to any of the stipulated requirements shaN
be just cause for the annulment of the award and forfeiture of the Bidder's security. In
the event the Bidder to whom an award is made fails or refuses to execute the Contract
within that time, the Authority may declare the Bidder's secu�ity forfeited, and the
Authority Board may award the Contract to the next lowest responsible Bidder, or may
REVISED BID FORM—A�DENDUM NO 2
E�ehibit 1 -Page 1 of 22
• Exhibit 1
catl for new bids. Where the Authority Board awards the Contract to the next lowest
�esponsible Bidder, pursuant to Public Contract Code Section 20174, the amount of the
lowest Bidde�'s secu�ity shail be applied to the difference between the lowest and next
lowest bid and the surplus, if any, shail be retumed to the lowest Bidder or to his or her
Surety. tf the second lowest responsibte Bidder fails or refuses to execute the Contract,
the Authority Board may award the Contcact to the third lowest responsibie Bidde�
pursuant to Pubiic Contract Code Section 20174.
The foilowing items of Work shall be identified as line items. Bid amount of each of the foilowing
bid items must be fiiled in and completed in �gures and words. They are to be inciuded in the
TOTAL LUMP SUM BASE BID PRICE:
Item Item Lump Sum Price
Number Quanti item Descriation In Fis�u�es and Words
1. Lump Sum Division 00 and 01 $ i�-ocv,a�y .� (D
Procurement 8 Contracting Requirements (in figures)
Generai Requirements
Q,i�� w�,���ctin �+n I�u,n d r�c9 St �Ttntx.�Sa�re 1Zv c 41wtit„�el �'v�c�n 1y�✓O�l�v� �' �'c:�S;X�e�.#S
(In Wo�dsj
2. Lump Sum Divisio�03-Concrete $ (Q�I�42j�. ljd
(In figures)
S�X �V�v�� N��e�tu D+��oc>5avy,� .�-wr �vncs'wof �u��t_�;t;� �o11avS�Vw c_�w�S
(In Words}
3. Lump Sum Division 04- Masonry $ 1�� (�55- b a
(In figures)
��1t' ���N'r,p �.�(11� Z�(Y�-1 �L�liw�s J�X1�U�V�'(J� �i ��Y �"tv�C ���(J'4 S A,;z'r' Vlr', � •_.;
(In Words)
4. tump Sum Division 05-Metais $ �� � �''`-�
(tn igures)
L1�� �Ndv+��, v�ov►�,ha.�U�.� �� �v�dv�r� �.e�✓� �► �01�u a � 3� ►n o G��
(In Words)
5. Lump Sum Division 06-Wood, Plastics&Composites$ a� �� -'-:r,�7/�J =d
{In figures)
�i wo n�,�uu„ S�� I��b v��9 �r�{v��� �,�c 'Mo��7S r.�,� �>v�d+r��' �}-; ���5 � E�� ,. : ��
(In Words)
REVISED BID FORM -ADDENDUM NO. 2
Exhibit 1 -Page 2 of 22
, Exhibit 1
6. Lump Sum Division 07—Thermal&Moisiu�e P�otection$ �3�1, ZC(Z •�U
(in figures)
`�-e�n 1��c1rP��r�, tv��t,e Ty�Sct� ,� �Cu� 1-���v�d N�ne►� -�,ub �11c�S � ►� ��
{In Words)
7. Lump Sum Division 08—Openings $ ��� 4 6
(In iguresj
�1f ��Y`�t1 S,xh N��n..c ��Cu�� f�(u� �4un��r��P 1v�v�!t� S;X 1.�I�arS �i�c�.�+5
(In Words} '
8. Lump Sum Division 09—Finishes $ � ��l Z• 1 �-
(in igures)
OY�t' M����un �vrh }�v rctr�� �sr iz� �� l�o�Scxv�-� S?W+v1 �.)'V�D� ��'►Tt.l)<,,;�`•1�,tVj� �?yt'vi�c2n ��
{In Words)
9. Lump Sum Division 10—Specialties $_,����, . D
(In�igures)
-T�v�� �r,1,a r��,v���'�Y 'tiro��c+►� �r�� �u�tw,,1 in�� Iv,� �11ar; fi. N� ,...e.�c.�
(In Words)
10. Lump Sum Division 11 —Equipment $ + 2..
i figures)
C�v�e ��d v�r� S ��'��,� -'Mo�;nv�� C��-� �,�..,�:., �-,� 1J�vw �-`la fs � ,r_,t` {�.c r.��
{In Words) �
f %�- _ ( _
11. Lump Sum Division 12— Furnishings $ ��a`t , `.� �� ��" � c_e
r
(In figures)
pr� I�v+d�d �X�t �1��P �-tha.�s��i� ��=s vT,� 4�v�.�����'� �iey�pv�� �����,vf v�.1�a ti�> � j,, t:��-� ���
(tn Wo�ds) ��
12. Lump Sum Division 13—Special Construction $ l� Z� .Q G �>�• ���'
(In fg s)
, , .
. �
���.G P�-'V1�.��.r` -�{ t� i�d1 � �z� ;�,.� 1-���+���'��w `` i' ' � .t, �� �r � �ti� _�- _�',� .
(In Words)
3`:"l� ' t C-,�% � 'r�
13. Lump Sum Division 21 — Fire Suppression $ �`-i �� {
(In figures)
,
o�� �d�� ��h-��r '��:sa� o+� t'��� ��1 ���, ;��� ������, � �.���r �� .��;.>
(In Words) '
REVISED BID FORM—ADDENDUM NO 2
Exhibit 1 -Page 3 of 22
Exhibit 1
14. Lump Sum Division 22—Plumbing $�S��• �v
(In figures)
�L� aV� (�Y���cQ �,�i-P-�V�. �►��S�t`tit� Dol�a�S �i Vlp C,i'�,�.�SS
(in Words)
15. Lump Sum Division 23-HVAC $ �-t��i ��Q ►�U
(In figures)
�'ov Y 1�r�tnc9 Y�d �Y �ta `L.'c'vt� `�hc�Saw� �.�►� ��d wc� �r X tzr ��al YS � Vl d C zt,1�
(In Wordsj
16. Lump Sum Division 26-Electrical $ a�5,�-�2•00
(In figures)
"'TjNQ�AntlltC�l1 N 1�� �'-r Y? 't�avS��ct''CW t� ��M'�r� �v�J��t �+uc� �o ila r s � k�+ CQ,,�'�
(in Words)
17. Lump Sum Division 28-Electronic Safety&Security$ t11 i ��b �U
(In figures)
� X�t O�u `�/�auSav�t� �U Y' �+t d v�-�c.r Al;,n .i'G k�C l�ayS � u�� G�vc.'PS
(In Words)
18. Lump Sum Division 31 -Earthwork $ c3�'1`�l �503 ���'1
(In figures)
rtw o I�rv��,�t rv�n�e�, �.►�ha ;���P �c�+ tFu����.. ��c� 1.1�i�trc ��e�� �u�tie c��
(In Wo s) �
19. Lump Sum D'wision 32-Exterior Improvements $ �.��� 2S
(In igu�es�
��f2 1{urdv`�ck Ninr� �QY'Ph �1auSa�`Ckre.¢ I�un��f`�d �t.trh, ��tC�'t� l��lur�7 a�TwrM�4 {�vo(Pu.�C
({n Words) r
R�VISED 8f D FORM-AOOENDUM NO. 2
Exhibit 1 -Page 4 of 22
.-
Exhibit 1
20. Unity Pricing Oivision 33-Utilities
Unit pricing for on-site distribution dry utilities not shown on pians. Quantities
have been shown for bidding purposes only.
For conduit and structures for SGE u�e�grourrding �efer to SCE Electrical
Undergrournling Plans and list associated costs in the appropriate Pay Items, not
in the tabie below.
��� f��,d�"��.�'"s:� ��;:�... ,i�'a�� �'a����tt �'�Y� ��.�� n Y ?„"u.+a4 .:�h �� `"��.�-,� z.� � �°�4 �af F ,
�"�Vsa a R� ��IM#'�� ���'�����������,�� � .'�p''�`e�. � 6�"�����.'"',,
A 65"deep trench �F }�� , 4
$ �2, �G $ �� l����� ���G
6 54"deep trench LF 1 309 $ ,?
' 1 r_ $ 11 -_ �f :�
48"Trench
C LF 1,466 $ t� . .� $ /��'; u�}X ,�,
p 5"Conduit(SCE) LF 3�645 i $ y.� $�a� ,�►•. ��5
__ _.__- --_�. -- —
E 3"Conduit(SCEj LF 4,009 $ � $
_ _ ____.__ . __--__ _._._`f_.�U__.__ _._�.���_��__
F 4"Conduit(Verizon) LF 4,225 $
�' / � $�11 �G 3a l.i,
_.__. �_- _______--,_ v` ,
G 2"Conduit(Verizon) LF 2,577 $ ;,j . �� $ -� ��, /� _
�____ _ _._. _____._ ___.___.__.__ -
2"Conduit Pfacement
N Only(CATV) LF 2,848 $ � '�� $ .,� �fn� �-,."
_ .__.________ _�_ �_�_.
SCE Distribution Sox
i il"x33" Ea 6 $ ac�J � ;� $ 1, t�r.,�r
__ _ _______ ___._ _.-- - ____ . _ ._ __ _ __ __._�____ _ _.__ _
SCE Transformer(pad
J oniy)4'x6' Ea 7 $ �-� ��, C�L $ �;, =��,.C��c
____._ _ __... __. ._____. .__...___________.___� - �
K SCE Pulibox 3'x5' Ea 5 } $ � {�C c c, �� �
� $ 1'; r`i: �:'
__ __ . ____ . ...
--- ___ _. _.__ ..___.__ ___
__ ______. ___.___ __
Verizon Distribution Box $ x � �� ;
L Ea 5 $ � �� � �° .
--- ------ -. _ _ . _______ -�--------
M Verizon PuNbox Ea 2 $ � - -
� ;i : " $ � ir . _
._ ._.-----____.�__. ��_ ---_-----------
Totai(in figures) $ � ,I� �,, �`��� �.�>
_ _._ ___._ .___�..____ �_ ---- --- ----
Totai(in words)
Ov}Q �uY1C°'�'C�..�'�'� rti���r; �14�'��a���• t ��i1.�_ !"-��_'���� ���` '���!�4�
_ _.___ _ __._ i_^___ _�., ____�__
(�'"�( �j4,y+� �-i v£' <�{,•„i.,���
REVISED BID FORM-AD�ENDUM NO. 2
Exhibit 1 -Page 5 of 22
Exhibit 1
21. Lump Sum Division 33-Utilities $ �� 0��,D$3• ba
(for ali items not listed in Pay item 20 above) (In figures)
on� tu��\�u�► �Y��ovr��,a�.�w.� ���i-+ ,� -M+r�e �ila►s �d v�� C.��4S
(In Words)
22. Lump Sum Off-site Street Improvements $ 2�6�5, 0$3 �S
Avenue of the States ({n figures)
Inclusive of landscaping
"Submit detailed bid item schedule at Pre-con Mee#ing)*'
AO other off-site street improvements shali be listed in the
appropriate Pay item
'TN G 1�v r�d rD� �►��� �Sav�`t 1�i iv+t�`�Y��,Q,. �'sl�t Y S a� SR 1Fe vl�,�i►� �S
(in words�'
23. l.ump Sum Perimeter Wall at $_��2 3 '0 b
Paim Desert Country Club Villas (in igu�es)
Refer to Detaii 12/Sheet A-1.6 and related drawings
��Y_�► �,'v�r ��vSaKrl'i 7w o �wd+red `t�a� �.�4+� `�lla r C � Na �e�,,�;
(In Words)
24. Lump Sum Paving and Striping on property owned by$ �Oc�� �1 S�•0 0
Palm Desert Country Club Viilas (In figures)
Afl other woric performed on PDCCV property shaii be
tisted in the appropriate Pay item.
0��,� n,�d�"Cbv t�y'h�sa� Sev�en !-�����,:;re� tv►vrc� -�iYe bilavS �'rvo c-����5'
(in Words)
ALLOWANCES
25. Lump Sum-Office Furniture and Equipment Allowance $ 48.000
(In figures)
General Conhactor sha1J incJude a lump sum allowance fn the Bld for O�ce Furniture and
Equipment. The allowance fs to be used for purchase and instailation oi Office FurnJture and
Equipment, incJuding, but not limited to chairs, desks, computers, etc. as spec�ed by the
Authorfty. The altowance shall be pafd for by wrftten agreement between General Contracto�
and Authority with the cumulative total not to exceed the fixed contract allowance and sha/l be
full compensation for furnishing all labor, materials, tools, equfpment, appropriafe mark-ups, and
!ncldentals, and dotng a/i the wa�k /nvolved !n the operallons dlrected by the Authorlty's
Representative. Any unused portion of the utility allowance lump sum sha/J revert to Authority,
-fortv-eiaht thousa�d dollars-
(In words)
REVISED B!D FORM—ADDENDUM NO 2
Exhibit 1-Page 6 of 22
Exhibit 1
26. Lump Sum-Resident Services 6uilding Fumiture Allowance $ 52.000
(In figures)
General Cantractor shall include a Jump sum allowance in the Bid for Furniture and Equipment
for[he Resident Servicas Buildirrg. The allowance is to be used for purchase and insfaliation of
Furniture and Equlpment for the MeeNng Room and the Computer Area, including but not
limited to desks, chairs, computers, etc. as spec�ed by the Authoriry. The allawance shall be
paid fnr by written agreement betwesn General Contractor and Authority with the cumulafive
total nof to exceed the ffxed contract allowance and shall be fu!!compensation fa�furnishing all
labor, materials, tools, equlpment, appropriate mark-ups, and incidentals, and dotng a!!the wark
involved In fhe operafions directed by the Authority's Represenfative. Any unused portion of the
utility aJlowance lump sum shall revert to Authority.
-f�y-two thousand dollars-
(In words)
27. Lump Sum-Window Coverings Aliowance $ 23.000
(in figures)
General Contractor shal!include a lump sum allowance in the Bid for �ndow Coverings. The
allowance is fo be used for purchase and installatfon of window coverirrgs, including buf nof
limited to blinds, mechoshades, etc. as spec�ed by the Authority. The ellowance shall be paid
for by written agreement between General Contractor and Au�hority with the cumulat/ve total not
to exceed the �xed contract eliowance end ahall be fu!! compensation for furnishing all labor,
materials, fools, equipment, appropr�ate mark-ups, and incidentals, arrd doing ali the work
involved in the operafions directed by the Aufhav�ity's Representative. Any unused portlon of the
utility allowance lump sum shall�evert to Authority.
-twentvthree thousa�d dollars-
(In words)
28 Lump Sum-Kitchen Fixtures and Equipment Allowance $ 6.O,g0
(In figures)
General Contractor shali include a lump sum allowa�ce in the Bid for Kitchen Fixtares and
Equipment. The allowance is to be used for purchase and instailation of Kitchen Fixtures and
Equipment in the Resident Services Building, including, but not timfted to commercial kitchen
equipment as spec�ed by the Authority. The allowance shalJ be pak!for by written agreement
between General Contractor and Authority with fhe cumulative fota! not to exceed the �xed
contract a►lowance and shaii be tull compensation for fumishing ail labor, materials, tools,
equipment, appropriate mark-ups, and incidentals, and doing all the work involved in the
ope�ations directed by the Autha�ity's Representative. Any unused pation of the utility
allowance lump sum shall revert to Aufhoriry.
-six thousand dollars-
___.�------- ---__.______ __.
.______ ____ . __---__ _____ _.._---_,_
(In words)
REVISED BID FORM—ADOENDUM NO. 2
Exhibit 1 -Page 7 of 22
Exhibit 1
29. Lump Sum—Security Door Entry System Ailowance $ 12.000
(In figures)
General Contractar shall include a lump sum allorvance in the Bid for a Security Door Entry
System. The aitowance is to be used for design, purchase and installation of a Security Door
Entry System as specified by the Authority. The allowance shall be paid for by written
agreement between General Confractor and Authority with the cumulative total nof to exceed
the �xed contract aliowance end shal! be full compensatian for furnlshing all labor, materials,
tools, equipment, appropriate mark-ups, and incidentals, and doing all the work involved in the
operations directed by the Authority's Representatfve. Any unused portion of the utility
allowance lump sum shall revert to Authorlty.
-twelve thousand doila�s-
(in words)
30. Lump Sum—Aquatic Therapy Fumiture Aliowance $ 18.000
(In figures)
General Contractor shali include a tump sum allowance in the Bid for AQuatic Therapy Furniture.
The allowance is fo be used for purchase and instaJJation of furniture for Aquatic Therapy,
including, but not limifed to chairs, tables, slgnage, etc. as spec�ed by the Autfiority. The
a/lowance shall be paid for by written agreement befween General Contractor and Authority with
the cumulative total not to exceed fhe fixed contract allowance and shall be full compensation
for fumishing al!�ebor, meterials, taols, squipment, approprrafe mark-ups, snd incidentals, a�d
doing all the work invoived in the operafions direcfed by the Autharity's Represenfative. Any
unused portion af the ufitity allowance/urrrp sum shal/revert to Authority.
-eiahteen thousand doilars-
(In words}
31. Lump Sum—Maintenance Building Allowance $ 12.000
(in figures)
General Contractor shall inctude a lump sum allowance in the Bid for Furniture, Fixtures and
Equipment for the Mainfenance Buiiding. The allowance is to be used for purchase and
installation of Furnifure, Fi�ctures and Equipment, including, but not limfted to shelving, key
machir►e, saw machine, appliance hand truck, etc. as spec�ed by the Aufhor/ty. The apowance
shail be paid for by written ag�eement between General Contracfar and Authority wifh the
cumulative totai not to exceed the fixed contract allowance and sha//be ful!compensation fw
furnishing all labor, materia/s, tools, equipment, appropriate mark-ups, and incidentals, and
doing all the work lnvolved in the operations directed by the Authority's Representarive. Any
unused portion of the utility allowance lump sum shall revert to Authority.
-twelve thousand dollars-
(tn words)
REViSED BID FC)RM—ADDENDUM NO. 2
Exhibit 1 -Page 8 of 22
Exhibit 1
The casts of any wo�ic shown or required in the Pians and Specifications, but not specifica8y
identified as a Pay Item are included in the related Pay Item(s), and no additional compensation
shall be due CONTRACTOR by virtue of CON7RACTOR'S compliance wdh the Plans and
Specifications
TOTAL LUMP SUM BASE BID PRICE
Items 1 through 31, inclusive, and ali work and materials incidentai thereto and connected
therewith.
TOTAL AMOUNT BASE BID IN FIGURES $ /5. 4 2��, 3,5J • �''
TOTAL AMOUNT BASE BID IN WORDS _,_���+n tv�\1;n,i__�;�, }�t.�,�r��l �},�-P�l�
�.`t,�, �t�►av5�tr�d `M�'ee I�Av�i� �i-��.r O1n�E' t`,�l�a�'S �'Ctn�r�t►VihE C�S
k is understood that thYs contract shal! be awarded based on the lowest resoonsive
TOTAL LUMP SUM BASE BID AMOUNT for Bid kems#1 throuah#31.
IN WITNESS WHEREOF CONTRACTOR executed 's Bid as of date set forth on the Bid
Fortn• ' �-
/ ,
BY: � , G-�...------
___.
Sig ,, ��
� ; ._ ;" , ,,;
_ - ��..
�tte� _--.._. _;_.._._____ .i___
CONTRACT R
e of Califomia )
)
Counry of�``-- j
�
Subscribed and swom to(or ed)befare me on this day of
(month), (yea�), by
, proved to me on the basis of sat s evidence to be the person(s)who appeared
before me
���
,.�```�
Signature of Notary (Seal o� f Natery)
***END OF SECTION***
REVISED BtD FORM—ADDENDUM Nfl 2
Exhibit 1 -Page 9 of 22
Exhibit 1
CALIFORNIA AlL-PURPOSE ACKNOWLEDGMENT
State of California )
Counry of los Angeles )
On ��14 before me, Shakeh Melconien(Notery Public) Penonally
Appeared �enrey P eoysan
Who proved ta me on the basis of satisfadory 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 autho�ited capacity(ies),a�d that by his/her/their sig�ature(s)on the instrument the
person(sj,or the entity upon behalf af which the person{s)acted,executed the instrument.
1 certify under PENALTY OF PERIURY UNDER THE LAWS OF TNE State of California that the foregoing
paragraph is true and cor�ect.
WITNESS my hand and official seal.
,.r.'� ,,. ,., � �
J�^.``...-- ,J,r �. `....__.--
(Seal) Signature: = �'�'"��'��"� r `
Shakeh Melconian,NoLary Public
I�111 �;
r
conaania�on e 2ott�
No�ar Pue�ie•c��ti�
la A�Ies Cona�
Canm.Expirea ��
Exhibit 1 -Page 10 of 22
Exhibit 1
sEcnoN oo as�3
BIDDER'5 CIUALIFICATIONS
To Accompany Bid
The Bidder is required to supply the foltowing information. Additionat sheets may be attached'rf
necessary.
(1) Bidder's Name Optimus Construction,Inc.
(2) Business Address: 440 Western Ave.,Suite 202 Glendale CA 91201
(3) Telephone No. 8I8.550.8411
(4) Type of firm- Individual, Partnership, LLC or Corporation: Cornoration
(5) Corporation organized under the laws of the state of California
(6) Contractors License No 902939 Exp. Date 9/30/2015
(7) List the names and addresses of all owners of the firm or names and titles of al! o�cers
of the corpo�ation:
Jeffrey P.Boysen,President
440 Western Ave.Suite 202
Glendale CA 91201
(8) Number of years'experience as a Contractor i�construction work 35 years
(9) List at teast three similar prajects completed recentiy:
Project Name and Description Contract Date Name,Address 8
of Work Amount Com leted 7ele hone No.of Owner
1Cora1 Mountain Apartments 176 units 4/312014 Cora)Mountain Partners,L.P.
famIly affordable housing w/clubhovs �31,502,594 7ggg2 Hwy 111,Suite 1 B
Sustainable Features including solar La Quinta,California 92253
2 La Coruda Senior Apa�tments 87
units senior aftordable housing, 514,900,000 Meta Housing Corporations
semisubterranean parking LEED 5/t/2U13 1640 S.Sepulveda Blvd.,Suite 425
Los Angeles,CA 90025
3•Tabias Terrace Apartments 56 units Meta Housing Corporations
affordadable family housing,on- �9,700,000 y/1'3l2013 1640 S Sepulveda Blvd.,Suite 925
grade parking LEED Platinum Los Angeles,CA 90025
Palm Desert Housing Authority Bidders Qual�ficaGons
Ca�tos Ortega Villas Project 107 Seciion 00 4513
Exhibit 1 -Page 11 of 22
Exhibit 1
(10) List the name of the person who inspected the site of the proposed ProJect for your fiRn
feffrey Boysen.Robert Gibson,and Stephen Ei,guren
{11) Upon request of the Authority, the Bidde� shali fumish evidence shawing a notari2ed
financial statement, financiai data, construction experience, or other additional
information.
The Bidder certifies under penaity of perjury under the laws of the 5tate that the information
provided above is true and coRect.
Public Comoanv �`� /
Subscri d and sworn to me SignatuJrQ;.-
� ' ,�
Signature: T�
This day or,,,� , 20 Date: .��T� �_'�% �
,.. ; .
Title: '��R Signature: '
�
Signature: � Tit{e:
(5EAL) Date:
*'*END OF SECTION"'`*
Pa�m Oesert Housing Auihoriiy B�dder's QualificaGons
Ca►ios Ortega Villas Pro�eci t 48 Section 00 4513
Exhibit 1 -Page 12 of 22
Exhibit 1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California )
County of Los Angeles �
On o��14 before me, Shekeh Mel�(Notery Pubiic) Personally
Appeared ��P�r1Be
Who proved to me on the basis of satisfadory evidence to be the person(s)whose name�s)is/are
subscribed to the within instrument and acknowtedged to me that he/she/they executed the same in
his/her/their authorized capacky(ies),and that by his/her/their signature(s)on the instrument the
penon(s),or the entity upon behalf of which the person�sj 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.
WITNESS my hand and officia)seal.
�
(Seal) Signature•.-+�—���"'`' /��-��f� _��
Shakeh Meko�ian,Notary Public
co�•bn r z�r�
tMvtary Pub11c-C�
la�M�ele�C�►
Cornn�.E�cptrts 11
Exhibit 1 -Page 13 of 22
Exhibit 1
SECTION 00 4519
NON-COLLUStON DECLARATION
To be Executed by Bidder and Submitted with Bid
The undersigned dectares:
i am the President of Optimus Construction,Inc. , the
party making the foregoing bid. The bid is not made in the interest of, or on behaif of, any
undisclosed person, partnership,company, associati�on, arganization, or corporation. The bid is
genuine and not coilusive 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 not directiy or indirectly colluded,
conspired,connived,or agreed with any bidder or anyone efse to put in a sfiam bid,or to refrain
from bidding. The bidder has not in any manner, direcUy or indirectly, sought by agreement.
communication, or conference with anyone to fix the bid price of the bidder or any other bidder,
o�to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All
stateme�ts contained in the bid are true. The bidder has not,directly or indirectiy, submitted his
or her bid price or any breakdown thereof, or the contents thereof, or divulged information or
data relative thereto, to any carporation, partnership, company, association, organization, bid
depository, or to any membe� or agent thereof, to effectuate a coliusive 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 partnership, or any other
entity, hereby represents that he or she has fult power to execute, and dues 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 true and correct and that this declaration is executed on
���,�, 20L, at Glendale , California
� �
City ~� State
' 1':a�'�
�,...i , _. / i
j% ��,.s �.__...__-___
;,�.
By:
SI r.
, � ����
'f .fl , ,� ,
. l 1;
<:�....:.r�tte: Pis��i�sYf'
CONTRACTOR
"*"END OF SECTlON"*"
Patm DeseR Housi�g Authority Non-Collusion Declaration
Ca�ios Orbege Y�Ilas Project ��9 Section 00 4519
Exhibit 1 -Page 14 of 22
, • Exhibit 1
SECTION 00 43 36
DESIGNATION OF SUBCONTRACTORS
To Accompany Bid
Pursua�t �,4 1 n PubNc ContractlnR Caie• Sec�on 4�4 �S: �9:,. �+ � � 1£� H� � name•
business address•� rtion g��grk(descrfutFan�tf ffi�le�I4��4t#S1.f�t���t��
�!�!!tt�tffi��€�����Ss��l3�tlona!�t000�rur���,lt��SS��4�
ABAe.�!�,�a!!�,�auentlalhr�ld�[�i€�s����*OD�ed Subcontraetora"��t!��
� � j� � � �btOAVBCROfS j� j� � � � �{ $� render Servit$ �,Q �g wime
wnwaetor 1�g�g gf�QI:���►�l 4�ffi� rQ ime tontractor's E4S�!�.4S T.�!�nd
Dotlan 510.000.001.whid�ever is areater
Trade/Work
Name License Address Uescription
A.M.la Salie Etedric, 418433 68-342 Kieley Road Cathedrai City,G4 Photovoltaic 5olar
Inc. 92234
Alcal 815286 1614 Mariborough Ave.,Unit 52 Thermal lnsuiation,
Riverside,CA 92507 Garage Doors
Baja Construdion Co., 412340 223 Foster Street,eox 3080,Martinez, Car Shelters
Inc. CA 94553
BMC 897169 45311 Golf Center Parkway Suite 8 Rough Carpentry
Indio,CA 92201
Builder's Choice 743179 605 E.Mission Road San Marcos,CA Membrane Raofing
92069
CS Drywaii 682773 1935 McKiniey Ave.Suite A la Verna,CA Gypsum Board
91750
Dynamic Heating&Air 918498 7343 Orangewood Dr.Ste.A Riverside, HVAC
CA 92504
OBR Roofing 762039 7655 Tobias Ave.Van Nuys,Ca.91405 Roofing
Elite Painting 824184 56409 YUMA TRAII,YUCCA VAILEY,CA. Painting
92284
Floortech 233647 2184 N. Batavia Street Orange,CA Flooring
92865
Hardy Windows 904342 3425 E. la Palma Ave.Anaheim,C1� Windows
92806
Noffman Concrete 865726 102 E.Grand Bivd.,Corona,CA 92879 Conaete
Hunter Best 713048 4369 HuntRey Avenue Culver City,CA final Cleaning
90230
Inland Empire 743367 P.O.BOX 8247 REDlANDS,CA 92375 Electrical
James A Shirley 720357 59160 Mesa Drtve Yucca Valley,CA Wei Utilities
Construction,Inc. 922841373
lohn Barajas Masonry 446180 42-901 Lima Hali Rd Bermuda Ounes, Masanry
CA 92203
Palm Desert Housing Authority Designation af Subcontractors
Carios Ortega Viilas Project Section 00 43 36
P�v� i �..�,
Exhibit 1 -Page 15 of 22
� Exhibit 1
Trade/Work
Name Ucense Address Oescnption
Lanz Cabinet 769?87 3025 West 7th Street fugene,OR 97402 Cabinets
Magik Giass 686337 3500 Tachevah,Suite A Palm Springs,CA Mali front,Tub&Shower
92262 Doors
Mouritain Movers 767120 P.O.Bmt 962 San Marcos,CA 92079 Grading
Engineering
Outdoor Dimensions 532856 5325 E.Hunter Ave.Anaheim,CA 92807 Sig�age
P/Acevedo 804222 83-649 Indio Bivd.Indio,CA 92201 Cement Plastering
Construction
Reside�tial Design 532888 4900 E.Hunter Ave Anaheim,U192807 Tiiing
Services
Sears Holding 3333 Beveriy Rd.Hoffman Estates,IL Residential Appiiances
50179
Shamrock Paving 724588 15508 South Lakewood Bivd.Beiiflower, Asphalt Paving
CA 90706
Shasta Fire Protection 476633 72120 Norshore St.,Suite C Thousand Wet-Plpe Sprinkler
Palm,CA 92276 Systems
SSW Mechanical 736942 P.O.Box 3160 Palm Springs,CA 92263 Plumbing
Teserra 656128 86-100 Avenue 54 Coachella CA 92236 Swimming Pools
T'i�co 739382 958 N.Eastern,Ave los Angeles,CA Fiashing and Sheet Meta
90063
Urban Habitat 9b3744 P.O.Box 1177 La Quinta Ca 92247 Landscaping
Wanke 1 R C �45936 P.O.Box 1150 Cathedrai City,CA 92235 Waterproofing
West Coast Countertops 813921 43085-B Business Park Dr.Temecula,CA Countertops
92590
Westton Construction 858370 81149 Indio Blvd. Indio,CA 92201 Curbs,Gutters,Sidewalk,
Drvvy
VORWALLER BROOKS, 832987 72182 Cor�rate Way Flnfsh Carpentry,Doors&
INC. Thausaod Palms,Ca 92276 Hardware,Toilet&Bath
Partitions
Pa+m Desen Housing Authority Designation of Subco?�tractors
Carlos Ortega ViUas Project Section 00 43 36
'�� ��� Exhibit 1 -Page 16 of 22
� Exhibit 1
13
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
Contractor hereby swears under penaity of pe�jury that this mformation provided is true and
correct.
�
; ,�,�;
;�1� ;;�1� �
; �,,,� .
� ._.
ay. . ; ._ .. _ _ rcie. �S�C��v��
�jna r ,t
E.._ �°} ,' ,'`.�,�..,�
tv�;V• . .� >>
CONTRACTOR
*'*END OF SECTION"''*
Palm L)ese�t Housing Author�ty Designatjon of Subcontractors
Carlos Or�ega YNas Project t 0� Section 00 43 36
r�-+'�� °� ,�,�"`.�� Exhibit 1 -Page 17 of 22
�'
Exhibit 1
�lllc�►►r�t
May 13,2014
Emily Geller
OPTIlVlUS CONSTRUCTION,INC.
440 Western Avenue Suite 202
Glendale,CA 91201
RE: Obligee: Palm Desert Housing Authority
Project: Cazlos Ortega Villas No.825-i l
ECP: 16,000,000.00
Bid Date: O5�'21/2014
Surety: Liberty Mutual Insurance Company
Dear Emily,
Enclosed please find the above captioned bid bond,executed per your request.
The bid bond must be signed by an suthorized representative of your company,notarized and sealed with the
corporate seal. It is your responsibility to ensure the bid bond conforms with your needs and insuuctions to us,
including but not limited to the correct coverages and parties,and with any laws applicable to your operations and/or
the contract requiring the bid bond,and to advise us immediately,in writing,if the bid bond form so executed does
not contain the proper information. Accordingly,it is incumbent upon you to carefuUy review tht bond,and we will
expect that you will,double-check all information,including signahires,datcs,amoants and job descriptions for
accwacy,and to verify that the bid bond form we executed is the form required by the specificetion. This will avoid
the possibility of having a low bid reje�ted because of a clerical error. We will also expect you to verify that
anything unusual that has been requested by the obligee is attached.
If,following your review of the bond,you do not advise us in writing of any problera of deficiency in its terms end
information but submit the bond as is,your submission will constitute your verification,and we wiU justifiably
assutne that the bond form as issued is cotrect and appropriate for ths pwpose for which it is being submitted. You
f fiuther understand that we wi31 have na liability for sny deficiencies or discrepancies not brought to our attention in
2
i accordance with this letter.
� The bid bond sutharization is based upon your original estimate. If the aMual bid price exceeds thfa estimate by
]0°/a or more,you must coatact us for addidonal anthority!
�
j Please cal!our office if you should have any questions or need any further assistance.
� Good Luck on your Bid.
�
Sincerdy,
` � �
�'i _______
_.____..___
� Noemi Quuoi,Account Manager
E
� Your bid results are very important,pleast mail or fax this information back to the address below within 5 days of
� the bid opening.
I
� Contractora Name Contract Price
1. __ _._._ __. __... _ ____._. � _ �____._ ____._ . ___-. -__..-
2. $
_. ___. ___ _ _--- _._._ ___..__. __ _ . . ___ __ ______ __.___ _
3. $ .
Where did you placo--- -----_ __--and yow price S-- ------___,_------
If awarded contract,is final bond required? Yes� ] No( ]
� • . ,'.1-...: .. _ ..y .Y �.�1 �:x . .. �i�_ �79.�, � „ ,������lt��,-Page 18 of 22
ti. s� .�� �
� ' Exhibit 1
SECT'fON 00 d3 13
BiD GUARA�lTY B�NCt
4c� Accompany Bid
KNvU'4� ,4P_!. M�N E3Y TNESE PRESFNTS.
rt�at we. Uptimus Construction,Inc. � _____ as principai,
�n� I.iberty i�,iutual Insurance Company__ _ ___ __ as sur�ty, are held anC
(ir�tiiy baund unte� the Palm De5er1 Hausir�g �uihc���ty (",�uChc�rity"} in the surr� of$Ten Perceni of Amount Bid
(10°l0 of b+�} to t�e ;�aic; icr the said Authority or its certain attc�fney, its successors and assigns,
for �vhich �rayment, well �nd truly tc� t�e made, we binc� ours�Ives, �.:7ur heirs, executors a�a��
adminisirators, succ�;ssors or assigns, ar�intiy ar7�i severally, firmiy by these �resents.
TNE CGNDIT!(JJM1! C�F TNiS OEiLIGAI"iON IS StJCN. that if the certa�r� bid of the aCav� �our�der�
��rin�;i�al tc� ;��e�fa,nt certain �var�; described as `c�il��^rs.
�,.�rlos �Jrt�a.� `��'�!las
i'ra}�c' Nc�.8�5-�1
C��ntrar:.t tJa_�-i�,'2941t�8
�l t�fe- qener�i �t�rrxh �f w�rk ic� t�� t�c�rre h�rF,lir��r r,r�;��sist �f
73 apartmeni units of affordable senior housing, Resicient Services Faciiity with
Laundry, and Maintenance Building{s}, pool, and on-site and off-site utilities and
street improvements including the i�ndergrounding of averhead ut�iity lines
and dated I��1a �y 2l.2014___---- -----___._____ �S �ccepi�d Jy the Ai�thcrrity. and s' the
a�ov� bout��er-i �;rincs��l _._O�timus Construction, Inc. _�_�_�_ sf�aii �uly enler into
artr� execute a cor7tra�•t for such constructi�n, and sha11 exec�ate and defiver the Perforrnance
E�c���t� and F'3y'rner;t Bt�nd r�nc� ins+.�rance ce,rktfi�;ates as re�uir€�d by �r�rci contract, then !his
obiig�tit�n :ar��il bec,E�rne r-�ui! at�d vrid; otherw�s� ii shalf t�e and rerr�ain i+7 fuH force and �1fe��t
Shc�uld it bec�n�R necev;sary for the Ai�thgr�?y to �+��titute a IawsiJ�t. ar �ny c�ther legai �roceedinc,
3a e�i��}rCe the fcrrns and �nndi�;c�ns of thi� bc�d. th�r �i{ +;osts crf saici pr«ceed:ng, inr,l��:r�c;
attornc:y's ie�s. sh�li b� awarde�"o the �revaifir�� parCy Surety hPreby wa�v�s ihe �ro✓isions c,f
L;�iif�rnf� rivil C��,r;e ��CFror� ��t45
ffi�E��r,��ir�cler G�7t t#ais p�c�e has rnt�nirorlatly k�eer� I�fit bt,�nk.
Src�na��re blc�cks are cont��ned�n !he�aext pageJ
Exhibit 1 -Page 19 of 22
Exhibit 1
iN WITNESS WF�ERESJF, We here�nio set�ur Nands and Seais this _ 9��, c�ay of__Mai4
2(i 14 ^
Cantractor's Nam+a. Opti o uction,Inc.
/ _ _ , _._
Cor�traY±�7r's,_S�gnatur-�: -
�... �_, _ .. __._.__.__, . _ �___ ,_ ._�_____. __ _._. _ _
�
,� , �
_w--- ,. '� ��
, �
Title �r:�f�,� �' ��f ��J�- � �r'r � _
- � - 3�- - --
ti��jF�sS 440 Western Avenue,Suite 202,Glendale,CA 91201
Telephnne:__ 818/550-8411 _ _ _ ________�_.
Surety's Name: _ LibertyM t alInsuranceC.,�pany_._ .�,u_ .___.___,�._______._� __.
� � �'1
. � t ; ,�
Suretys Signa!�tre: __. . __� � ,�- ,
. ,�...:�..� .. ti. _�. ... ._._____--_____...
_ ___.
. ,
�"�tke:_�_ Noemi uiroz,AttarneV-in-Fact �. _____�_. _ ____.___--_-
Q �
... ..._ .. �. ._.. .�.. . ..,..�.�_..�.,....F-,....�...,..,...�..._.......�.�.:_ y . . ... . .
Address: 330 N. Brand Blvd..Ste 500,Glendaie. CA 91203
T�lephone: 818/956-4250
_ . _
Acknowledgrr�ent
J�e3�� Oi �3iif'n(;-1 3
�r,,,,r r �; Los An eles
Y �- __._._...�._._..___._--_._..._._-----)
��� �May 9,2014 � before �r�e, Lisa L.Thornton,Notary Public M
�er�pn�iiy a,��ear�c! Noemi Quiroz
________.__._.___.___ __.._ ___ _._..._^_______._.....___.
__._----__.__.__., whc� �roved to rr�e on the basis of satisfiactory
ev+�ence tc� t�� thc�._persc�r�(�}whosN name{ae� i�latec subseribed €r� the within instrvmen� arid
a�kr�ow:ledgec� i� m? #hak �elshef�c executed tt�e sarr�s in l4tGltrer/.� auihonzeca
c��pacity(�}, tan�+ t'r7at by k�heritbeir si�rEaz�.ar�(�or7 the �nstrurr�er?2 it�e �Prsc�n�, c�r lhFS �>rtt,t��,
�.f�r_,t, t�JEha!#��f�.vtl��t;h the ��"�ort(S��Ci�d, �X�cuteJ th� insttUmer1t.
1 E„�rtifiy ��nder P�NAZ iY C1F P�RJURY ar�d�r tt�� lativs t�t tk�� �xa°.e �( G�(if�rni�� �t7��� �he
`orecoirg para�raph is true an� �;�rrect.
� t�N1fiF�ESS my har�d and officiai s�ai.
�
:�i��rt�3i z"'t> J' (j�,�'•J
.. .__. .. _,__ .._.-�'_' ��._—• _.__Y __ ..
. r' }K�!♦� l.i� Jc,L+t 9Q�.r.r. .
� M1I^t 1)4�� r�-dE}�,.1`�r �_��.�i4i7bit�� �_ � . �i.i:3f:�., y I� i,"!;i
� �, .w .��°�il,.. � rr7,e>rw: '�w ° ..., ;r °� `�
Exhibit 1 -Page 20 of 22
� Exhibit 1
TAb Pow�r�A�onhy inlb tlr a�d tlroa�haNa.sud tl�Aaw ao aAhodhr b Wad IM Caapany�apt N tlw m�nau�nd b 1M aual Mnin sf�d.Not
vMld tor mortypt,ao1�b�,NtE�r of er�Gl,bnk d�iak.eum�w.Y t�N.indrat�or nsldud ralw pn�nws.To eonikm IIN vaN�ty of flds iew�r oT AMonw�r up
if0�632�0 bMwan 9:C0 am aM 4:�0 pn EST an ang�n dql.
A11191if�1 F�8�Id C2S4tfllyl CORIpBfly Ub8ll�l AAU4l21 b1SiN8�ICA C0111p8tnl
ihe t3hio Casuafy In�uaaoe ComRany West American Inwranoe Ccmpany
POWER OF ATTr3RNEY
iarotiw+�u.�ern��s:nrec�nw�,�.a cau�ycom�.nyarozn.ataoca�r�+��r��+v��N�unaerm.�ws
oi tlis ShM ot New hM�apehirs,�l�y t�Au4id�a Camp�r b a caporatlon du�r a�ntad uide�Yre I�ws ot Ihe StNe o(��mie wat MKAan 6aurma�
(�impan�r b�oaparion dury M�d undu IM Irw�af 9rs SIaM ot Y�in�(IrMr►oolMeliveA+aMd Mis'Campnde�l�.p�wrM b end Ey stAior�r harin tN�oM,doa hN'ebl�
n�me,aoiatlluk rid�poYR���oemi Quiroz
a�e dy a Loe Hr�e es s�a or pe nw ena�wwrw enome�rfroa,w�rw yowar and aun+o�qr n.r�y aon�emd m aqn.exeaae ana aao,a�aeepe�,e
b1owY+o wehr bond:
Priidp�tlqms:Optimus Construction,inc.
Obqya tl� Palm�esert kousing AuHtority
Sunry 8oud Nwa6�r:Bid Bond BaM M�ouat �e Bond Fam
Oi YYfi'l�SS IIHFiHiEOF.thk Powet ol Atians�r ha ban subsabed by an su9ioiit�d adioer or al6dal oi 1M Companiea and U+e aorpaaSe aeale of tlie tbmpar�ies hwe been allhied
tl�brik2�d�rai��•
A�rierk�Fke and Cas�ih Compa�►Y
4`l��,No c�s`'`� 4Ja,,�Nsu,��� �Y�"� ��"w'�, The Otdo Cesueitylr�sur�toe Compeny
� �� _ �a 19u � � 1919 � � 1991 � �� k+s�lce Company
<�,� i }'r�� '�; !� ,�1 y* !� � �N� } 8 . .
y + • Y Omvid I ` .A�tant Seast�r
STATE OF PErNIS1'IV/WIA a
COUtJTY OF MONTOOIAERY
a►ur.�a.ra��+ eeroa.n,e v.�ra�e.�.a os�aa�.comr.wno edmo,�.ap.a�rb�e�,sa�wxs�aa�+�.�a c.w�y co�a�y,
ueenr�wua i�r«�o.co�.�n.aro ca�ar co�.�r..�a v�r�r�a�,a comaa�n.a�a ea no.��,oer�o a�a�o�ea.o a do,�,e.n��org
r,ew�,a,ao�n,e�o.e�d,.Mn aon�rrea ey�a�e.n�r w ms oo�otiao�ey nwa.0 a�e a�y.�,e,o�rma on�«.
w wrtNEss wrEREOF.�n�e h�nm,u�Cnbea my�ne ana a14K.a rn�r no1�I,eN�Pynau�h Me�np.Pen�nnm.on a►.sqand�ar aet aeove wn'tlen.
Pw �
,Q,�t.gp $rF COMMONWEALTNORPENNSYWANtA
W �.
� � s Ttress Pas1�s.NotrY PuGie �'
p�,�,,,p»�,�,,,,N Teresa Fas�a� Pt�
�P� MY Commfuton Ewphs Marcn 28.mt7
n�row.r or ana.xeare p,amnc o�,ne "'w�q"'''a'i�"�a ana n�►o�.ro�a�Fr.d,a c.�r comv�r.n�onw r,a�y
katNanoe Conp�np.U6erty MLAwI In6utanoe Comparq��and VWst MtMicen 4�urena�Compa�fy MR�Id�ieaoANons aA now h(W iotos and elkd ma�np as blowa:
ARTICLE N—OFFIC�—sea�o�►iz.Pow�a n�r.�y an�«o►o�,er ane�a ne ca�reea,.nno�ea r«n,ac�oee�w�e�ne cn.r�,o�n��a�a
u�e�b such Wril�tlon�tl�e dNtmen ot tl�e Prseldent mey P�e,�he11�ppoMA wch egomeya��ntad,ae m�bs neo�ary b ed b beheNof tlle Coiporilon b malm��aaRe,
aeat,�eqwwMdpe aM eelwr as arei�r rhr ane d uidntald�,Eands,�end o�er areq obNp�tlons. &ufi otlon�in�t,�b Ne 6n1Woro aM IoT in r�et
�ip�s a MlaruY.�htA hM ful pGrAt b biM tlie COIpaaYOn br�eir dptWirs s1d mted�loe 0i aay eudf N�romMib aM b a1dd��a1D�+s aetl of rie Odpara�otl.
When to ex�aAed��eh Y�uaenb sIW bs a DtndYig a H aipne0 by he Prs�ent and MOaled b Oy�s SeasWy Any P�a�Y 0��b��a+�MY-
imhd uder Ihe O�s Mtlih�De nuy bs isvoked at ony�ne by tlfe Boend.ths Chdmrn.M Pre�ideM a by Mic o�ar or dlan O�+�B sud►Dows►a au�y.
11RTICLE 7�—E�aAon d CaiY�cb—SECTION 5.Suraly 8ad�mid UndafdcYg:.lYry oliar ot IM Compar+p sutlw�d br tlNt pupow M w�iny O�r tlw d4Yrnr►a Ihs
pieaidmt aM e�JeA b wCh InY�Aons se tl�a drtmen or�s D��D���DPdrd s�N91 atbnNys�Yr�Ct.Y mry be nea�w�r b eCt tn bNeq ot�Ie Cqnpfny b
nmks�aaour.a�W.ecivawNdpe and delwr at wwyr airy and aC wdeAikhp�,bmds.noopntranon and aOMr mrNp ablyatlorr.Sudi�aroys�ln�ted wbjeet b Ua imkatlons at
tatll h tl�ek�Powus oi eqortiey.slrM Mw ful powsr b bind Ihs Compaly by tlelt�nqra r!d smdNon d an�t wcA Y�Yumenb aib b�tl►ereb tlii s�al ot the
Caupany.WMn w�culed wfi Y�shunenb�In@ be�ba�inp af N siyned 6y the p�ent and etle�ed bg tlie eea�ry.
c.Aqle�l.of e..l�utlen—7ne Praslana a un Compdf�►.+C�g r�m ni.Byaw,of ute cemp�r.�uC�o�o�vio ul c.isy.Aai�anc seasMy a�pOYd wcn a9orn�ys�
ktad u aay M nYoa�try b ad qn behalf ot tlw Ccrnptny b mdr�e.ea�eade.seal.admowledge aid del�ror as swMy ay end d�ridermtdtgs,bmds.eeaopnirenoes end a1�
�b�•
�uu,oraatloo-ey aw+rnas mneent ar Y�e canp�ya aoxa a or.aon,r+a conqeny aaisen�s�t an�ie o�n�ed�lr nproeuo�a eqn�e a+ny eab�t»aawr a
i�e CompanY.�aPD�Yg Wa+a ardiM oopy ol my povin ot atlansy tswed Dy Ihs Coiapeny►n aom�ec8on witl►e�eNy bands.ym1 be v�id end bk�nD upon tl+e Compsry'
wiCl Uro a�ns torol arld ei�t as OwuyA tnmNiay alfald.
1.GnporY W, Devaiport,IM�datl�.Af�ant Sea'at�rY,ot Ame�n FYe and Ce�o�y Compar�y.Ttw ONo Caure�r Mwrana Camp�r�IJbuy Muk�et Iro�a
Can�ry.md Wat M�+Ya�CanP�M��7�Y�t 9ie orfpiNl pawu d aqome�r d wMch ris foiepoYg k a WI,tu�end eoned copq of Ore Pow�ot Atlomey
u�sailed by tdd Compwiu,b hlul broe and NNd and tas�ot bun wwltad.
MI TE8TI610N1f NM�EOF�I hae he+eunro set my AeM and a1Poad tlie te�k otsNd Compenles Crs 9th �,a MaY .20�4.
�`�*Mo�s�l� � �Nsu� �,,.�wsr,� �,,u�wR _.-_
� o►�' �•Y�. a� G, �� '��
Si iJ n � �'
1906 0 > 1912 ° � 1919 � � 1991 � B . c�Ory v�► Dav��,I1�Wd S�y
a i � ' �r �'
�,�Y �`�'a '��� �� ?�! t e
t * • ♦
Exhibit 1 -Page 21 of 22
Exhibit 1
CALIFORNfA ALL-PURP�SE ACKNOWLEDGMEMT
State of California j
Counry of Los Angeles ►
On ���14 before me, S��h��^�(����) Personaily
Appeared �r P�:� —
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 helshe/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 behaff of which the person(s)acted,executed the instrument.
I certify under PENAITY OF PERJURY UNDER THE LAWS OF 7HE State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and o�cial seai.
...- A
f .. .� /
� � �
(Seat) Signature: � ��
, �
_ r- .
-" ;�� �.��,. </''�,��.---.__-_..,
Shakeh Melconian,Notary Public
�tlH�Of�IfAp
C�ttien/�O1pdN
Me�'y P�blie•CMMonM+�
L1�t AMIMrs Cewrlr
r�
Exhibit 1 -Page 22 of 22
Exhibit 2 . - .� , . �
b
�"+" w�5 �"M[ Y� �it�'.t��k{ S „�� °{ s�:
�k u t. .. 7 i�iht 9i, 9�m.r'
� �'� CONSi kqC TIqN INC
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E�ibit 2-Page 1 of 6
Exhibit 2
SECTION 00 43 36
DESIGNATION OF SUBCONTRACTORS
To Accompany Bid
Pursuant to California Public Contractine Code. Section 4100 et. Sea•, the foilowin� list ives the name.
business address. and op rtion of work(descriution of the work to be done for each subcontractor that will
be used in the work if the bidder is awarded the Contract. IAdditional supqortin�data may be attached to
this paAe• Each parte shall be seauentialiv numbered. and headed "Proposed Subcontractors" and shall be
si ned. The Bidder shall list all subcontractors who will perform work or labor or render service to the rp ime
contractor in excess of one-half of one ep rcent 0.5% of the rq ime Contractor's total bid' or Ten Thousand
Dollars(510,000.001.whichever is�reater
Trade/Work
Name License Address Description
A.M. La Salle Electric, 418433 68-342 Kieley Road Cathedral City, CA Photovoltaic Solar
lnc. 92234
Alcal 815286 1614 Marlborough Ave., Unit 52 Thermal Insulation,
Riverside,CA 92507 Garage Doors
Baja Construction Co., 412390 223 Foster Street, Box 3080, Martinez, Car Shelters
Inc. CA 94553
BMC 897169 45311 Golf Center Parkway Suite B Rough Carpentry
Indio,CA 92201
�n� . , �+�
��
CS Drywall 682773 1935 McKinley Ave.Suite A La Verna, Gypsum 8oard
CA 91750
Dynamic Heating&Air 918498 7343 Orangewood Dr.Ste.A Riverside, HVAC
CA 92504
DBR Roofing 762039 7655 Tobias Ave.Van Nuys,Ca.91405 Roofing
Elite Painting 824184 56409 YUMA TRAIL,YUCCA VALLEY,CA. Painting
92284
�ae�e� �?,64� . , �Ise�ag
��
Hardy Windows 904342 3425 E. La Palma Ave.Anaheim,CA Windows
92806
Hoffman Concrete 865726 102 E.Grand Blvd.,Corona,CA 92879 Concrete
Hunter Best 713048 4369 Huntley Avenue Culver City,CA Final Cleaning
90230
Inland Empire 743367 P.O. BOX 8247 REDLANDS,CA.92375 Electrical
James A Shirley 710357 59160 Mesa Drive Yucca Valley,CA Wet Utilities
Construction, Inc. 92284-1373
John Barajas Masonry 446180 42-901 Lima Hall Rd. Bermuda Dunes, Masonry
CA 92203
Lanz Cabinet 769787 3025 West 7th Street Eugene,OR 97402 Cabinets
Palm Desert Housing Authority Designation of Subcontractors
Carlos Ortega Villas Project Exhibit 2-�'�q,g��3 36
Trade/Work
Name License Address Description
Magik Glass 686337 3500 Tachevah,Suite A Palm Springs, Mall Front,Tub&Shower
CA 92262 Doors
Mountain Movers 767120 P.O.Box 962 San Marcos,CA 92079 Grading
Engineering
Outdoor Dimensions 532856 5325 E. Hunter Ave.Anaheim,CA 92807 Signage
P/Acevedo 804222 83-649 Indio Blvd. Indio, CA 92201 Cement Plastering
Construction
Residential Design 532888 4900 E. Hunter Ave Anaheim,CA 92807 Tiling
Services
Sears Holding n/a 3333 Beverly Rd. Hoffman Estates, IL Residential Appliances
60179
Shamrock Paving 724588 15508 South Lakewood Blvd. Bellflower, Asphalt Paving
CA 90706
Shasta Fire Protection 476633 72120 Norshore St.,Suite C Thousand Wet-Pipe Sprinkler
Palm, CA 92276 Systems
SSW Mechanical 736942 P.O. Box 3160 Palm Springs,CA 92263 Plumbing
Teserra 656128 86-100 Avenue 54 Coachella CA 92236 Swimming Pools
Tinco 739382 958 N. Eastern,Ave. Los Angeles,CA Flashing and Sheet Metal
90063
Urban Habitat 963744 P.O. Box 1177 La Quinta Ca 92247 Landscaping
Wanke I R C 745936 P.O. Box 1150 Cathedral City,CA 92235 Waterproofing
West Coast Countertops 813921 43085-B Business Park Dr.Temecula,CA Countertops
92590
Westcon Construction 858370 81149 Indio Blvd. Indio,CA 92201 Curbs,Gutters,Sidewalk,
Drwy
VORWALLER BROOKS, 832987 72182 Corporate Way Finish Carpentry, Doors&
INC. Thousand Palms,Ca 92276 Hardware,Toilet&Bath
Partitions
James A Shirley 59160 Mesa Drive Yucca Valley,CA
Construdion,lnc. 710357 92284-1373 Dry Utilities
15531 Container Lane Huntington
Pyro-Comm System 612153 Beach,CA 92649 Fire Detection
White's Stee) 477294 45-524 Towne Street Indio,CA 92201 Metal Fabrication
Palm Desert Housing Authority Designation of Subcontractors
Carlos Ortega Villas Project Exhibit 2-����3 36
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o- ' City of Palm Oesert I Nousing Authority
�' Attn: Heather Buck
0
�` ` , 7351(7 FRED WARING DRIVE
�'ALM UESEH C, CA 92260
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440 Western Ave.,Ste.202
Exhibit 3 Glendale,cA 9izoi
������ (voice)818.550.8471
(fax)878.550.9411
C O N S T R U C T I O N 1 N C.
- -
Via Fax(760)341-7098
Via Email: hbuckna=,citvofpalmdesert.org
Jltne 9,20l 4 Via Certi�ed Mail
Heatl�er Buck
City Councii
City of Palm Desert
Palin Desert Civic Center
73-510 Fred Waring Drive
Pah11 D�sert, C.A 92260 .
Re: Carl�s Ortega Villas Praject
77915 Avenue of the States,Palm Desert, CA
I�lotice of Bid Mistalce and Request for Relief fron�Bid - �
'�eu��Is. Buck:
C?��ti�uus Constructio��, Ir�c. provides this notice anft relues� pursuaxii to tl�e rity of I'aiilc Desert f
�YlruLi:ipal {�ecle section 3.�0.120 aricl California Pliblic Ca.nh•act Cade secti�n 5103. ihi5 notice is {
provid�e! to ti2e City tivithin five working clays a$er the apening of the bid in conn�ction witll the abc�ve- I
ret�renc:ed project,which opPnin�ocetured on Mond�y,Jtuie 2, 2014. O�timus Const�liction, Inc. �eeks
relief fro2� its bid based on mistake. Specifically, Optimus made a rtristake in its bid by Iisting lwo
roofing subcontractors and two flooring subcontractors. Please see attached SECTION 00 �3 36
DESIGIv.ATI0�1 OF SUBCOI�TRACTORS T:� Acconlpany Bici with duplicate entries for each
si�l�co�t��ctor highlighted. One of the roofing subcontractars was listed under."roafing" and the other
was listed under "membrane roofmg." One of the flooring subcontractors was listed under "flooring"
and the other was listed under"tiling." The listing of the two sets of subcontractors was a clerical enor
in�lling��t the bid form and was not dlie to an errar in judgment or caa-elessness in inspecting the site
of the �uark or reading the plan specifications. The mistake is materially different than what Optinzus
intencied as O�timus intended to have a single subcontractor to perform the roofing uid a single
subcorrtractor to perform the flooring. Optimus did not intend to self-perform the roofing and flooring
workin�on th�project, as would otherwise be required under Public Conh•act Code secti.on 4106.
Based on the above, Optimus hereby requests relief from its bid. It laas satisfied all of the
req�tiremer�ts in connection.with its request. Should the City Council have at�y questions in connection
with the notice and rec�uest,please do not hesitate to contact either Jeff'rey P. Boysen or Emily Geller at
the address and number included above.
I certify under penalty of perjury under the laws of the State of California that the foregoing is
true and correct.
E�ibit 3-Page 1 of 8
Exhibit 3
Very truly youars,
x /�.��~
e• e rey P. oysen
Title: Pr � t
Enclosure
SECTION 00 43 36 DESIGNATION OF SUBCONTRACTORS
Cc: Marilyn Klinger,Esq., Sedgwick,I,I,P
File
. � .�.
. .. . . . .. . ,� I
I
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E�ibit 3-Page 2 of 8
2
E�ibit 3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE§1189
State of Ca�ifornia -
County of Los Angeles
On �une 09,2014 before me, Shakeh Melconian(Notary Public) �
Date Name and Title of the Officer
personally appeared Jeffrey P Boysen_____________________________________________________________
Name(s)of Signer(s)
=======---______________________________________________________________________________________ ,
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/shelthey executed the same in
his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the
H KEN MELCO�N person(s), or the entity upon behalf of which the
���t10�'�2Q�� person(s)acted,executed the instrument.
� Not�ry Pubiic•c�►ien* �
. LM An�Na CouM�r I certify under PENALTY OF PERJURY under the laws �
t of the State of California that the foregoing paragraph
' - is true and correct. ',
WITNESS my hand and official seal.
P/ace Notary Sea/Above Signature: _ i�`//,�'�....�
Signature of Notary Public
OPTIONAL
Though this sectiort is optional, completing this information can deter afteratron of the document or
fraudulent reatfachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies)Claimed by Signer(s)
Signer's Name: igner's Name:
�Corporate�fficer—Title(s): ❑Corporate Officer—Title(s):
❑Partner— ❑Limited ❑General ❑Partner— �Limited ❑General
O Individual ❑Attomey in Fa ❑Individual ❑Attorney in Fact
❑Trustee ❑Guardian onservator ❑Trustee ❑Guardian or Conservator
❑Other: � Other:
Signer Is Repre ing: Signer Is Representing:
� 013 National Notary Association•www.NationalNotary.org• 1-800-US NOTARY(1-800-876-6827) Item#5907
Ex6ibit 3-Page 3 of 8
E�ibit 3
SECTION 00 43 36
DESIGNATION OF SUBCONTRACTORS
To Accornpany Bid
ursuant to lifornia Public Contractins Code. Section 4100 et. Sea„ the followine list ives �he name.
business address. and ortion of work fdescrintion of the work to be done for each subcontractor th�wiil
�e used in the work if the bidder is awarded the Contract. Additional subportina data mav be attached to this
pa�e•Each pa�e shall be�equentialiv numbered.and headed"Proposed Subcontractors"and shall be si ned.
The Bidder shaEl list all subcontractors who wil( erp form wark or labor or render service to the rp ime
contractor in excess nf one-half of one ercent 0.5°� of the rp ime Contractor's total bid, or Ten Thousand
Dollars(510�000.001,whichever is¢reater
Trade/Work
Name License Address Description
A.M. La Salle Efectric, 418433 68-342 Kieley Road Cathedral City,CA Photovoltaic Solar
Inc. 92234
Aical 815286 1614 Marlboraugh Ave.,Unit S2 Thermal Insulation,
Riverside,CA 92507 Garage Doors
Baja Construction Co., 412390 223 Foster Street,Box 3080, Martinez, Car Shelters
Inc. CA 94553
BMC 897169 45311 Golf Center Parkway Suite B Rough Carpentry
Indio,CA 92201
Builder's Choice 743179 605 E.Mission Road San Marcos,CA Membrane Roofing
92069
CS Drywall 682773 1935 McKinley Ave.Suite A La Verna,CA Gypsum Board
91750
Dynamic Heating&Air 918498 7343 Orangewood Dr.Ste.A Riverside, HVAC
CA 92504
DBK Roofing 762039 7655 Tobias Ave.Van Nuys,Ca.91405 Roofing
Elite Painting 824184 56409 YUMA TRAIL,YUCCA VALLEY,CA. Painting
92284
Floortech 233647 2184 N. Batavia Street Orange,CA Flooring
92865
Hardy Windows 904342 3425 E. La Palma Ave.Anaheim,CA Windows
92806
Hoffman Concrete 865726 102 E.Grand Blvd.,Corona,CA 92879 Concrete
Hunter Best 713048 4369 Huntley Avenue Culver City,CA Final Cleaning
90230
Inland Empire 743367 P.O. BOX 8247 REDLANDS,CA.92375 Electrical
James A Shirley 710357 59160 Mesa�rive Yucca Valley,CA Wet Utilities
Construction,Inc. 92284-1373
John 8arajas Masonry 446180 42-901 Lima Hall Rd.Bermuda Dunes� Masonry
CA 92203
Palm Desert Housing Authority Designation of Subcontractors
Carlos Ortega Villas Project Section 00 43 36
E�ehibit 3-Page 4 of 8
E�ibit 3
Trade/Work
Name License Address Description
Lanz Cabinet 769787 3025 West 7th Street Eugene,OR 97402 Cabinets
Magik Glass 68&337 3500 Tachevah,Suite A Palm Springs,CA Mall Front,Tub&Shower
92262 Doors
Mountain Movers 767120 P.O. Box 962 San Marcos,CA 92079 Grading
Engineering
r nrw : . �y�,���-� -. . . � ul _. .. _ . -:
*• p
..;r X�V*�3�� t s�'t' }`2x`' S 4 �t �[ . -c�n� y7,.,ni t +�* � 3e ,_i, v ��� � #s. a,,i'7'ili;. ,_
�s�Y"n � 4� -- 3 t .,�`� F3`--
`- . :': - `� tw .::;:
g��.a�r °t h�i f�JV`�• �'T
� � � r + e� +�'''�r.
..r.� ,- <<_.-. �- . � ��;.n.,.=x ..�:. ;� �:� � Qx��v�
�I2
Outdoor Dimensions 532856 5325 E.Hunter Ave.Anaheim,CA 92807 Signage
P/Acevedo 804222 83-649 Indio Blvd. Indio,CA 92201 Cement Plastering
Construction
Residential Design 532888 4900 E.Hunter Ave Anaheim,CA 92807 7iling
Services
Sears Holding 3333 Beveriy Rd.Hoffman Estates, IL Residential Appliances
60179
Shamrock Paving 724588 15508 South Lakewood Blvd. Bellflower, Asphalt Paving
CA 90706
Shasta Fire Protection 476633 72120 Norshore St.,Suite C Thousand Wet-Pipe Sprinkler
Palm,CA 92276 Systems
SSW Mechanical 736942 P.O.Box 3160 Palm Springs,CA 92263 Plumbing
Teserra 656128 86-100 Avenue 54 Coachella CA 92236 Swimming Pools
Tinco 739382 958 N.Eastern,Ave.Los Angeles,CA Flashing and Sheet Metal
90063
Urban Habitat 963744 P.O.Box 1177 La Quinta Ca 92247 Landscaping �
i
Wanke I R C 745936 P.O.Box 1150 Cathedral City,CA 92235 Waterproofing
West Coast Countertops 813921 43085-B Business Park Dr.Temecula,CA Countertops
92590
Westcon Construction 858370 81149 Indio Blvd.Indio,CA 92201 Curbs,Gutters,Sidewalk,
Drwy
VORWALLER BRO�KS, 832987 72182 Corporate Way �inish Carpentry,Doors&
INC. Thousand Palms,Ca 92276 Hardware,Toilet&Bath
Partitions
Palm Desert Housing Authority Designation of Subcontractors
Carlos Ortega ViNas Project Section 00 43 36
Exhibit 3-Page 5 of 8
Exhibit 3 �
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m Pnstage $ �,� �
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Cettified Fee S
'� atl: �osimark
� Retum Receipt Fe ' Here
O (Endorsement Requlre
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Rsstrfc�ed Delivery F e j
� (Endorsement Requi (
IU �
� Total Poater "' � `� �,'
C] �
Q., sa�r o Heat�q B c��
p �veet,Apt'7G City o. �na Desert�j�'i g Authority ---
r.. wPoeoxrx �3-510 Fre y�a�ri���ive
c�ry,srare,z� palm Desert,CA 92260
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Exhibit 3-Page 6 of 8
Exhibit 3
� , �', . . � . . �
■ Compiete items 1,2,and 3.Also complete /+. s�g�t��e
Item 4 if Restrtcted Delivery Is desired. /� Agent
■ Print your narne and address on the reverse X "`—" Addressee
so that we can retum the card to you. g, p elve by rinted Name) C.Pate of Dellvery
■ Attach this card to the back of the maliptece, � ��� !- t �/
or on the front if space permits. « b
f. Arttcle Addressed to:. D. Is delivery address diffe from item 1? ❑Ye$
lf YES,enter delivery ddress below: C7 No
Heather Buck
Cit�i��f Palm Desert HcfusiF3g rlutl�o►•ity�
73-5 J 0 Fred tiVaring I�riv� a. servrce�rne
t�alnl U�SZt't, Cf�.9?_='�� G]CertlfiedMafl• ❑PrlorityMefiExpress'"
�Registered ❑Return Recelpt hor MerGhandfse
C]Insured Maii ❑Collect on Delivery
4. Restdctecf Delivery?(Erfra Fee) ❑Yes
2. Artide IVumber �p p q (�8 2� ❑t3�Ii 8 3 51 114 6
(lY�sterfmm servke te6elJ
: PS Form 3811,July 2013 DomesUc Return fteceipt ,
Exhibit 3-Page 7 of 8
� 1 1
TRANSMISSION UERIFICATION REPORT
TIME : 06109/2014 15:20
NAME :
FAX .
TEL .
SER.# : BROH4J816411
DATE,TIME 06/�9 15:18
FAX NO.rNAME 17603417098
DURATION BH:01:35 "
PAGE(S) 05
RESULT OK
MODE STANDARD
ECM
AAI)WCStcrn Av�„$ir..jQ�
Glendale.CA 91201
���'�� (vnice)A1 R.550.8411
�67x)8t ti 55t1�Nt 1
C 4 N S T R 11 C Y I O N 1 N C.
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Vin Fax(764}341-7098
Via�mail:hl�ck ci of almdesert.or�
June 9.20�4 ViaCerti��d Mail
FIeather F3uck
City Council . �
�lt�/Q��3117���5�TI:
Pc'�liil I�P,S@Tt�.iV7C�'eT1EET
73-514 Fred Wt�ring Drive �
�'a.lzn t]cs�rt,CA.9226� .
R�� �ar.��s Oxtega Vi1Xa5�'roject � .
77915.�1,v�nue of tl�e 5t�tes,Palm Descrt,C:�1
Notic�of Bid Mistakc and.I��quest.foe f�eli.cF fr.'pT11 BtCj. .
�)4�r�[s. Bu�k:
��X�ti:�:ius (:ons#ructioa�, Iac. px�vides t�uis natzce �.�tcl reques�pursuaizt tri the C'ity �f I��uYc �e�ert � �
�[unicsiE,�; �'ndr: s�ction 3.�4.I20 a».d Cali�ornia Fublic Con.t�act Code s�ctic►n S 1�3. '�his notice is ..
�row�i�9cc; tc� tnc City��ithin fve wox.�l.nt�;rlays a�ter th.e ope��.zn.g oi'the hici it� cc���ec:ticin witij�thc ah��v�;-
r4:tez�nced proj�c�.which aper�zr�g accurred c�n Mand�y,J�ute 2,2014. �ptirn�s t;ortstruction,Ine. secks
eeli�f fz'om its hid based. on mistake. Specificalty, Optimus mad� a m�.ist�e in its �bid by listiz�g two .
r�t�fin� subGontrack�rs and twa floa�ring su6contractors. �'lease see �.ttach�d S�GTTQN OD 43 3G
DESICr1V A.�'IC7ZJ p� �UBCON'FRACTt�RS T� Acco�l�pan;� Bic� witla du��t�dt�e��$�cla
440 Western Ave.,Ste.202
Exhibit 4 Glendale,cn 9�zoi
� � (voice)B18.550.8411
��'�� (fax)878.550.9471
C O N S T R U C T I O N I N C.
_ -
Via F�{760) 341-7098
Via Email: hbuck@cityofpaimdesert.org
Via Certified Mail
June 13. 20 t 4
Heather Buck
Project Coordinatar
City of Palm Desert Public Works
73-510 Fred Waring Drive
Patin Desert, CA 92260
Re: Carlos Ortega Villas Project
77915 Avenue of the States,Palm Desert, CA
Withdrawal of Request for Relief fi•om Bid .
Dear Ms. Buck:
Pursuant to our recent discussions regarding the above Project, Optimus Construction, Inc. i
hereby withdraws its Request for Relief from Bid,provided to the City on June 9, 2014. !
Optimus intends ta proceed purstiant to Public Contracts Code section 4107(5) in that, as �
previously advised, Optimus listed the two roofing subcontractors and the two flooring subcont�actors �
and failed to list the dry ntilities and metal fabrication subcontractors pursuant to an inadvertent clerical ';
enor.' In connection with Optimus proceeding under section 4107(5), it has complied with section
4107.5, It has, within two working days after the City's opening of the bids given �uritten notice to the
City with copies to the subcontractors listed inadve�•tently and the intezided stihcoutractoz�s who bid to
Optimus prior to bid opening. Further, Optimt�s has submitted to the City written affidavits from the
ii�te�ided subcontractors and all but one of the inadvertently listed subcontractors of their agreement to
hays the intended subcontractors and not the inadvertently listed subcant�actors perfoi7n that portion of
work. .�ls to the one inadvertently listed subconfractor who has not provided an affidavit, Builder's
Choice, it failed to submit written objection to Optimus' claim of inadvertent clerical error within six
working days after the bid opening. Its failure is pi-imary evidence of its agreennent that Qptimus made
an inadvertent clerical error,under the second paragraph of section 4107.5.
Please advise the date, tic�ne, and location of the public hearing that the City will conduct
pursuant to section 4107.5. Optimus is eonfident that the City will find that there is no coinpelling
reason for it not to consent to Uptimus' use of the intended sttbconhactors on the Project.
� In the revised Section 00 43 36 Designation of Subcontractors To Accompany Bid t(iat Optimus provided to the City on
June 4,2014,we also mentioned a fire detectian subconh•actor,not previously Iisted. However,its subcontract value is less
than the one-half of one percent threshold of Public Cantracts Code section 4104.
Exhibit 4-Page 1 of 5
19058918v1
Ea�hibit 4
Thank you for your assistance in this regard and we look forward to the award of the contract
and a successful completion of the Project. I certify under penalty of perjury under the laws of the State
of California that the foregoing is true and coi�ect.
Very t ly ours,
�r
s o truction Inc.
J r . oysen
President
JPB/
cc: Marilyn Klinger,Esq., Sedgwick,LLP ,
File
ivoss9�sYy 2 E�rhibit 4-Page 2 of 5
TRANSMISSIO� VERIFICATION REPORT
TIME : 06I1312614 10:45
NAME :
Fax .
TEL .
SER.# : BROH4J816411
DATE,TIME 06/13 10:45
FAX NO.fNAME 1766341?698 _
DURATION 90:00:37
PAGE{S) 62
RESULT OK
MODE STANDARD
ECM
qq0 We4tern Ave..Ste.202
Glendale,G1�1201
� ���� (`nliCr!)$1 k.55[I.R417
(fixl 81�.;5i1,9d 11
CO N5TR {lCTIC N I NG.
� � �
vi�F�x(7fia) 341-70y$
Via E�nai1:hbuek(al,cityc►f�almdesert.org
Via Certif ed Mail
Junc 13.�Q l4
Heatkzer Buck
Pzoj�ct Co�rdinator
City of Pairn Desert pul�iic Wnrks �
73-510 kz'ed War�n�Drive
Palm D�sert, C�.�2264
R.e: �arlos fJrteg�Vi�la,a Pr�ject
77415 Av�aue of th�States,Pa�rn Des+�rt, G.A
Withdrawai c�f Reyuest.foc R.elief frc�m Bic� � �
Dear M�. Buck:
�LiC3t78itt t0 Our recent discussions regarding the abau� Pxojec� Qptirnus Cot�struetian, In.c.
h�reby withdraws its Request for R.etie:f fr�►m Bid,�ravided to thc City on Jur��9,�01.4_
Q�rtimus ir�eends to proceed �ursua�at t�r Pubtic Conlracts Cadc scctian 41U7(5) in th�t, as
previottsly ad�ised. Optirr�us listed tlae twQ rool-ing subcontractors and the twn flt�vrin� subcontractors
ar�d failed to list th�d�r utilities and mecal. fabrica�io.n subcontz•actQrs pursuant to �n inadvertent e�e.rical
error_' Tn cannectic�n with �7ptimus praccedin.g under s�ctior� 41�7(5}, it has �ono.pliecl with s�ction �
4107,5, It has, within iwc� rvorking days ��ter the City's op�ning crf the hids giv�n �vriite.tt notice to t1�� '
C:ity with eapies tU the subeontra�toz•s listed inactvGr��ntiv and thc intcnc]ecl s�1����.�ic�i����c9�tt iu
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269L h`[E� 2[]00 D20E E'CpL
Exhibit 4
aeverding .
st�c�y rrote
Anna could not locate the
certified mail receipt when she
' went to the post office so she
re-labeled it. Hence the
• • unmatched numbers.
. . . �
■ Complete items 1,2,and 3.Also complete A.Sign e
item 4 if Restricted Delivery is desired. � �Agent
■ Print your name and address on fhe reverse X Cl Addressee
so that we can return the card to you. g,q�eiv y rin d e) C.Date Deliv ry
� Attach thls card to the back of the maifpiece, /�`���.
or on the front if space permits. ��T
1. Article Addressed to: D. ts delivery address differe from item 1? O Yes
If YES,enter dellvery ad below: ❑No
City of Pafm Desert/Housing Authority
Attn: Heather Buck
73510 FRED WARING DRIVE
PALM DESERT, CA 92260 3. ServiceType
❑Certified Mall� 0 Pdorfty Mall Expresa'" �
. C]Regtstered ❑Return Recelpt for Merchan�se
❑Insured Mail ❑Coilect on Delfvery ;
4. ResVicted Delivery7(Extra Fee) ❑Yes
2. Artide Number '.
(rr�ter from se�vice laveg 7 013 3�2 0 ��0 2 �315 6 87 8 i
: PS Form 3811,July 2013 Domest�Retum Recefpt
�
i
�
I
Exhibit 4-Page 5 of 5
Eachibit 5
Emily Geller
From: Ani Krikorian
Sent: Wednesday,June 18,2d14 9:07 AM
To: Emi(y Geller
Subject: FW: roofing for Carlos Ortega Viflas
Attachments: Carlos Ortega Villas.doc
Thanks,
Ani Krikorian� Project Manager Assistant
�
�i3M.3�11UCT�ON 4NG.
818.550.8411 Ext:210(v) � 818.550.9411 (fl
akrikorian@optimusconstruction.com �www.o�timusconstruction.com
This e-mait message,including any attaclvnents,is for the soIe use of the intended recipient(s)and muy contain confidential and privileged information My
unauttiorized review,use,disclosure or distribution is prohibited.If you are not the intended recipievt,please contact the sender by reply e-mail and destroy all copies of
the oiiginal message.Optnnus Construction,Inc.440 Westem Ave.,Snite 202, Glendale,Ca.91201
From: Shay Gabay[mailto:shay@dbrroofing.com]
Sent:Thursday, May 01, 2014 2:35 PM
To: estimating; Stephen Eiguren
Subject: roofing for Carlos Ortega Villas
Stephen
per your request
please call me with any questions
Regards,
Shay Gabay
D.SR Premium Inc
Contraetors State Lieense Nv. 762039
6016 FaiIbrookAve #�oo
Woodland Sills Ca 9i367
(818) 674 3844 F'��8i8)835 9423
www.dbrroo,,�in .q com
Exhibit 5-Page 1 of 5
D D ° ° �` �
�655 Tobias Ave.Van Nuys,Ca.91405 OfFice(8i8)�82�goo Fax(8i8)�82 0900
Contractor's State License No.�62039 www.dbrroofing.com
ROOFING CONTRACT
This Proposal&Agreemenfi dates for reference purpose only as May i 2oi4,is entered into
by and between DBR PREMIIIM,INC.(herein after"Contractor")and:
CUSTOMER:Optimns Construction OWNER
Customer Name: Owner Name:
Customer Address: Owner's Address:
City,State and Zip Code: City,State and Zip Code:
Telephone No. Telephone No.
F�No. Fax No.
Project: Carlos Ortega ViIlas
Name�� Address City,State,Zip
Description of Work:Contiactor will furnish all labor and materials to construct and complete in a good,
, . worktnanlike and substantial manner the following work;
i. ?Prepare roof surface to receive new application.(3A,4B,3C,1D,iE,1F)
, 2. Apply two(2)layers of#40 lbs. ASTM Fe1C underlayment.
. 3. Apply torch down system at a slope lower then 3:i2.
, . 4. Install ridge tile pieces on ridge and hips to match style.
g. Install Madera�oo Autumwood.
6. Install aluminum pipe flashing as needed per style.
�. Seal and paint all vents and flashing.
8. Apply 2"roofing nail for tile and�/8"plastic cap nail for base.
9. Apply fiber cant strip to all 9ous angles.
10. Nail on one(i)layer of Ultra Base#28 Fiberglass base sheet using large head mofing nails-MB
Base Sheet.
u. Apply asphalt to all non-nail able surface including metal surfaces,where roof needs to bond.
i2. Base sheet is to turn down over perimeter edge detaii approximately 2".
i3. Torch applied one(i)layer of GAF Ruberoid smooth surface brai membrane to all perimeter angles.
i4. Furnish and instali new asphalt primed pipe and vent flashings.
i5. Torch applied one(1)layer of GAF Ruberoid white Granulated sui�face modified membrane over
prepared roof surface.
16. Reinforce all angles using modified base flashing.
i�. Weld all seams and laps for"flow out"ta insure proper watertight integrity.
i8. Seal and make watertight all roof penetrations drain using modified flashing.
i9. All work is to be done per manufacturer's specification and will conform to local building code.
Care will be taken to avoid damage to plantings.
20. Clean up and haul away all roo5ng debris created by our work per work complete �
A.The approximate commencement date when work will begin shall be ,
FAIL BY CONTRACTOR WITHOITT LAWFUL EXCUSE TO SUBSTANTIALLY COMMENCE
WORK WITHIN T4VENTY DAYS FROM THE APPROXIMATE DATE SPECIFIED HEREIN I3 A
VIOLATION OF TfIE CONTRACTOR'S LICENSE LAW.
B:PAYMENT: Total Contract Price: $499�980.00
Madera 900:$46�,9go.00
Other Payment Terms(Include Dates and Amount for Payment Plan)
Initial: DBR Premium,Inc. Owner/Customer
Eachibit 5-Page 2 of 5
Ea�hibit 5
FINAL PAYMENI'DUE UPON COMPLETION OF WORK
Plcase Note:Any alteration,deviation or change from the ahove specification,including such
changes involving material and labor costs,will be executed only upon a written order for same,
signed by all parties hereto,and any such written and agreed upon alteration,deviation or
change,including the costs associated therewith,shall become a part of this Agreement.If any
payment due under this agreement is noti made when due,Contractor may suspend work on the
job until such time as the payment is made,and Contractor shall not be liable for any damages ..
incurred during such suspension of work.In case of delay of payment we reserve the right to
charge g%interest per month on unpaid balance.
D.Any wood replacernent at$3.5o per linear foot.
E.The terms and conditions on the reverse side of this 2�greement are expressly
Incorporated herein.
F.Upon satisfactory payment being made for any portion of the work performed,the
contractor shall,prior to any further payment being made,furnish to the person contracting for
the home improvement a full and unconditional release for the work paid for from any claim or
Mechanic's Lien.
G.Warranties.Any and all warranties under the terms of this Agreement are subject to
proper roof maintenance by the property owner. Proper roof maintenance includes,but is not
limited to cleaning,debris removal,tree trimming,leaf removal,removal of debris from all
scuppers and downspouts,sealing penetrations,painting,replacing broken tiles,and cleaning
valleys and gutters.Failure by the pioperty owner to complete the foregoing on a yearly basis will
void the roofers warranty and maq have an adverse impact on the manufacturer's warranty and
' may have an adverse impact on the manufacturer's warranty.
As an option,Contractor shall offer a yearly servicing of your roof for a fee of
� $ .This servicing shall include cleaning of roof,debris removal,lead removal,
removal of debris fram all scuppers and downspouts,sealing penetrations,sealing and painting
all vents and flashing,painting as needed,replacing broken tiles or shingles,cleaning valleys,
checking roaf for defects,and cleaning valleys and gutters.If you choose to pay for Contractor's
service package,then Contractor shall extend the warranty on it work for a period of_years.
Contractor does not warrant any materials used.Any materials are solely the
responsibility of the manufacture.Manufacture's roof warranty:L.L.T on Tiles.io years on flat
section per factory material and labor.Contractor service warranty:5 years service period on Tile.
Any and all warranries are canceled and will not be honored if paytnent of tl�e entire amount owed
under this agreement is not made to Contractor.Nv other warranties or guarantees are made by
this Agreement.
CONTRACTORS are required by law to be licensed and regulated by the Contractor's
State License Board with has jurisdiction to investigate eomplaints against
contractors if a complaint is filed within three(3)years of the date of the alleged
violation.Any questions concerning a cantractor may be referred to the Regisirar,
Confractor's State License Board,P.O Box 26000,Sacramento,California g�826 or
call(800)gai-2752
I/We agree to pay the purchase price as set forth herein above and agree to all of the terms,
condirions and specifications as set forth herein.I/We acknowledge receipt of the Notice to
O�vner and have read and agreed to all of the provisions of this Agreement and any attachments
hereto.
D.SR Premitun,Inc. Owner/Customer:
By:
Print Name Signature Print Name Date
Date:
Secondary Owner/Customer—Signature Print Name Date
Exhibit 5-Page 3 of 5
Exhibit 5
NQTICE TO OWNER(Section�oi8.�—Contractors License Law)
THE LAW REQUIKES THAT,BEFORE A LICENSED CON'I'RACI'OR CAN ENTER INTO A CONfRACT W1TH YOU FOR
A WORK OF IMPROVEMENf ON YOUR PROPERTY,HE MUST'GIVE YOU A COPY OF THIS NOTICE:
Under Yhe California Mechanics'Lien Law,any contractor, Suppliers through a joint control.Funding services may be
subcontractor,laborer,supplier or other person or entity available,for a fee,in your area,wluch will establish
who helps to improve your properiy,but is not paid for his wucher or other means of payment to your contractor.
oc her work or supplies,has a right to place a lien on your These services may also pmvide you with lien waivers and
home,land,or property where the work was performed and other forms of protection.Any joint control agreement
to sue you in court to obtain payment.This means that should include the addendum approved by the registrar. �
after a court hearing,your home,land,and property could 3.Issue joint cl�ecks for payment,made out to both your
be sold by a court officer and the proceeds of the sale used contractor and subcontractors or material suppliers
to satisfy whut you owe.This can happen even if yon have involved in the project.The joint checks shoutd be made
paid your contractor in full if the contractor's payable to persons or entities which send preliminary
subcontractors,laborers or suppliers remain unpaid. notices to you.Those persons or entities have indicated
To preserve their rights to file a claim or lien that they may have lien rights on your properly therefore,
against your property,certain claimants such as you need to protect yoursel£This will help to insure that all
subcontractors or material suppliers,are each required to persons due payment are actually paid.
provide you with a document called a"Preliminary Notice." 4.Upon making payment on any completed phase of the
Contractors and laborers who contract with owners direcdy project,and before maldng any further payments,require
do not have to provide such notice since you are aware of your contractor to provide you with an unconditional
their e.�stence as an owner.A preliminary notice is not a "Waiver and Release"form signed by each material
" lien against yoar property.Its purpose is to notify you of supplier,subcontractor,and laborer involved in that
persons or entities that may have a right to file lien against portion of the work for which payment was made.The
your property if they are not gaid.In order to perfect their statutory lien releases are set forth in eacact language in
lien rights,a contractor,subcoqtractor,supplier,or laborer section 3262 of the civil code.Most stutionery stores will
must file a mechanics'lien with the county recorder,which sell the"Waiver and Release"forms if your contractor does
then becomes a recorded fien against your property, not have them.The material suppliers,subcontractors,and
generally,the ma�mum time allowed for filing a laborers that you obtain release from are those persons or
mechanics'lien against your property is 9p days after entities who have filed preliminary notices with you.If you
substantia]completion of youi project: are not certain of the material suppliers,subcontractors,
and laborers working on your project,you may obtain list
TO INSURE EXTRA PROTECTION FOR YOURSELF AND &om your contractor.On projects involving improvements
YOUR PROPERTY,YOU WISH TO TAI�ONE OR MORE to a single family residence or a duplex owned by
OF THE FOLL04VING STEPS: individua]s,the persons signing these releases lose the
right to file a mechanics'lien against your property.In
i.Require that your contractor supply you with a other types of construction,this protection may still be
payment and performance band(not a license bond),which important,but may not be as complete.
provides that the bonding company wiU either complete the To protect yourself under this option,you must be
project or pay damages up to the amount of the bond,this certain that all material suppliers,subcontractors,and
payment and performance bond,as well as a copy of the laborers have signed the"Waiver and Release"fornn.If a
construction contract,should be 61ed with the county mechanics'lien has been filed against your properly,it can
recorder for your further protection.The payment and only be voluntarily released by a recorded"Release of
performance bond will usually cost from i to 5 percent of Mechanics'Lien"signed by the person or entity thut filed
the�ntrad amount depending on the eontracto�'s bonding the mechanics'lien against your property,unless the
ability,if a contractor cannot obtain such twnding,it may lawsuit you enforce the lien was not timely filed.You
indicute his or her financisl inetipAcity should not make any final payments until any tmd pIl such
2.Require that payments be made directly to liens are removed.You should consult an attorney if a fien
subcontractors and material is filed against your property.
Initial: DBR Premium,Inc. Owner/Customer
E�ibit 5-Page 4 of 5
Exhibit 5
N�TICE: STATE LAW REQUIRES ANYONE WHO CONTRACTS TO DO CONSTRUCfION WORKTO BE LICENSED
BYTHE CONTRACTORS'STATE LICENSE BOARD IN THE LICENSE CATEGORY IN WHICH THE CONTRACi'OR IS "
GOING TO BE WORKiNG IF THE TOTAL PRICE OF THE JOB LS$30o OR MORE(INCLUDING LABOR AND
MATERIALS).LICENSED CONTRACl'ORS ARE REGULATED BY LAWS DESIGNED TO PROTEGT THE PUBLIC,IF
YOU CONI'RACT WTfH SOMEONE WHO DOES NOT HAVE A LICENSE,THE CONTRACTORS;STATE LICENSE
BOARD MAY BE UNABLE TO ASSIST YOU W1TH A COMPLAINT,YOUR ONLY REMEDY AGAINST AN UNLICENSED
CONTRACTOR MAY BE IN CIVIL COURT,AND YOU MAY BE LIABLE FOR DAMAGES ARISING OVf OF ANY
INJURTES TO THE CONTRACTOR OR HIS OR HER EMPLAYEES,YOU MAY CONTACT THE CONTRACTORS'STATE
LICENSE BOARD TO FIND OUT IF THIS CONi`RACTOR HAS A VALID LICENSE,THE BOARD HAS COMPLETE
INFORMATION ON THE HISTORY OF LICEN3ED CONTRACTORS INCLUDING A.NX P03SIBLE SUSPENSIONS,
REVOCATIONS,JUDGMENTS,AND CITATIONS.THE BOARD HA.S OFFICES THROUGHOUT CALIFORNIA.PLEASE
CHECK'I'HE GOVERNMENT PAGES OF THE WHITE PAGSS OR THE OFFICE NEAREST YpU OR CALL i-800-3zi-
CSLB FOR MORE INFORMATION.
, ARBTTRATION OF DISPUT,ES:Any dispute arising out of or related to this contract or the interpretation or
� performance thereof shall-be decided b�arbitration under the Construction Industry Rules of the American
Arbitration Association and judgment shall be entered on the award.The arbitrator shall award reasonable
attorneys fees and expenses to�the prevailing party,if any party after due notice fails to appear at or
participate in arbitration proceedings,tlie arbitrator shall make an award based upon evidence presented by
the party or parties who do appear and participate.In the event that there are court proceedings arising out
of or related to the performance or interpretation of this contract,the court shall award reasonable attorneys
fees to the prevailing party.
NOTICE:BY IDTITIALING THE�SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING
OUT OF THE MATTERS INCLUDED IN THE"ARSITRATION OF DISPUTES"PROVISION DECIDED BY
NEUTRAL ARBTTRATIOAi AS PROVIDED BY CALIFQRNIA I�AW AND YOU ARE GIVING UP ANY
RIGHTS YOU MIGHT POSSESS TO HAVE JUDICIAL RIGHTS TO DISCOVERYAND APPEAL,UNLESS
THOSTs RIGHTS ARE SPECIFICALLY INCLUDED IN THE"ARBiTRATION OF DISPUTES"PROVISION.
' IF YOU REFUSE TO SUBMTT TO ARBTfRATION AFPER AGREEING TO THIS PROVISION,YOU MAX BE
COMPELLED TO ARBTTRATE UNDER THE AUTHORITY OF THE BUSINESS AND PROFESSIONS CODE
OR OTHERAPPLICABLE LAWS.YOUR AGREEMENT TO TIiIS ARBITRATION PROVISION IS
VQLUNTARY.
WE HAVE RF.AD AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES
ARISING OUT OF THE MATTERS INCLUDED IN THE"ARBITRATION OF DISPUTES"PROVISION TO
NEUTRAL ARBITRATION.
Owner's Initials Contractor's Initial
NOTICE:YOU,THE H�MEOWNER(BUYER)HAVE THE RIGHT TO REQUIRE TI�AT YOUR
CONTRACI'OR FURNISIT YOU WITH A PERFORMANCE AND PAYMENT BOND OR TJSE A JOTIQT
CONTROL APPROVED BY THE REGISTRAR OF CONTRACTORS.YOU,THE BUYER,MAY CANCEL THIS
TRANSACTION AT ANY TIME PRIOR TO MIDIVIGHT OF THE THIRD BUSINESS DAY{IN THE CASE OF
DISASPER REPATRS,SEVENTH BUSINESS DA'SC)AFTER THE DATE OF THIS TRANSACTION.
i
Date Owner Second Owner
Exhi6it 5-Page 5 of 5
Exhibit 6
Emily Geller
From: Ani Krikorian
Sent: Wednesday,June 18,2014 9:16 AM
To: Emily Geller
Subject: FW:Carlos Ortega- Builder's Choice Roofing Proposal
Attachments: 8883835780_140530_605953831.pdf
Thanks,
Ani Krikorian� Project Manager Assistant
.a�
_' eaµareucr�ou tr�e.
818.550.8411 Ext:210(v} � 818.550.9411 (fl
akrikorian@optimusconstruction.com �www.optimusconstruction.com
T'his e-mail message,including any attachments,is f.or the sole use of the intended recipient(s)and may contain confidential and priviteged iaformation.Any
unauthorized review,use,disclosure or distribution is prolvbited.3f you arc not the intemled recipient,please contact the sender by reply e-mail and destroy all copies of
the oiiginai message.Optunus Conswction,Inc.4�40 Western Ave.,Suite 202, Glendale,Ca.91201
From: Amber Everding
Sent: Frlday, May 30, 2014 1:10 PM
To: Ani Krikorian
. Subject: Carlos Ortega - Builder's Choice Roofing Proposal
Amber Everding � Project Coordinator
��►ti r�:�
G O N f i R 9 C►I O N ►N C.
818.550.8411 x 232(v)� 818.55Q.9411 (fl
aeverding a optimusconstruction.com(www.o�timusconstruction.com
This eanail message,including any attaclunents,is for the sote use of the intended recipient(s)ancI may contain con£dential and privileged infonnafloa Any
unauthorized review,use,disclosure or distribudou is piohibited.ff you are not t(ie urtended recipient,please contact tl�e sender by reply e-mai(and destroy all copies of
tlie oiiginal message.Optunt�s Construction,Inc 440 Westein Ave.,Suite 202, Glendale,Ca.91201
From: Anna Dauz
Sent: Friday, May 30, 2014 1:09 PM
To: estimating
Subject: FW: MyFax Delivery from 18883835780
!
Anna Dauz�AP/AR Project Specialist
��
G O N S f R U C 1 1 O N I N G.
818.550.8411 x 222(v) � 818.550.9411(�
adauz optimusconstruction.cam�www.optimusconstruction,com
This e-mail message,including any attachments,is for the sole use of the intended recipient(s)and may contain confidential and privileged information.A�y
unauthorized review,use,disclosure or distribution is prohi6ited.If you are not the intended recipient,please contad the sender by reply e-mall and destroy all
copies of the original message.Optimus Construction,lnc 440 Western Ave.,Suite 202, Glendale,Ca.91201
1
E�ibit 6-Page 1 of 7
Ea�hibit 6
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From: MyFax[mailto:NoReply@MyFax.com]
Sent: Friday, May 30, 2014 1:04 PM
To: Valerie Gibsan-Optimus; Shakeh Melconian-Optimus; Anna Dauz
Subject: MyFax Delivery from 18883835780
.�.,.
�� , ��� � Reoort this as Junk �MvFax Supoort ��
You have received a fax!
Fax Received at: 05(30/2014 73:02:12 GMT-7
Receiving Fax Number. (888)266-6719
#ot Pages: 2
Sending Fax: 19883935780
Caller ld: 4803836933
Piease note that the Image shawn below is only the first page of the attached fax.To view your fax,open the attachment.
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I
2
E�ehibit 6-Page 2 of 7
Exhibit 6
Thank you for using MyFax.Try our other products:www.orotus.com/W.
5
Exhibit 6-Page 3 of 7
To:EvflTAtinp ToqM Pa�e"1 oP 2 20'14-OS-30 ZO:Oa:OB(OMT) '1 B863635780 F�om:Co�sy Kaple�
Exhibit 6
FAX CaVER SHEET
TO Estimating Team
C�MPANY Optimus Construction
FAX NUMBER 181855Q9411
FROM Corey Kepler -
DATE 2014-05�0 20:01:47 GMT
RE Bid for Carlos Ortega Ullas(Paim Desen)
C(JVER MESSAGE
To Estimating Team:
. We inrot�ld like to provid'e,a bid for the roofing for the project(Carlos Ortega Vi(las)you
are bidding out for The City of Palm Desert in RNerside County.
� We have attached our propasal for the roofing work.
Feel ftee to call me or Edward if you have any questions. Our number for the office is
760-6�3-2356.
Altematively, you can email us at: I
�
Edward Imgrung-BigEd@mybcroof.com
Corey Kepler-carey@mybcroof.00m
WWW.MYFAX.COM E�ibit 6-Page 4 of 7
To: EstfrTnting Team Pegs 2 of 2 ZO"14-OS-:i0 20:02:09(CoMT) '16893835760 F�om:Co�my Keple�
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` E�ibit 6-Page 5 of 7
E�ibit 6
To:�Clr�iaatNniYTaf�F� Im`ekSn� a�Y2 2t'14J[_57�3-95 3L1���(Sr3Ni'i') 9d�B��B�eST,�Bi9 Ffm71t G�
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_ _ are biddin�g�ut fc�r The Cit�nf�Ir�6�in f�u�r�d�r��auniy,
�fi�nr��tta�t�c�ur proposal for�he roofing w�. i
°F��ta c�ll�c����d if��u have�q��s#i�ot�.�r nur�er f�r�he��e is
7����.
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E�ibit 6-Page 6 of 7
Tq:Eskimating Tmam Pag�'1 of 2 Z074-OS-30 Z0:02:09(OMT) 16883835780 FYom:Cofay Kaplar
Exhibit 6
FAX COVER SHEET
TO Estimating Team
COMPANY Optimus Constnaction
FAX NUMBER 18185509411
FROM Corey Kepler -
DATE 2014-05-30 20:01:47 GMT
RE Bid for Carlos Ortega Vllas(Pafm Desert}
COVER MESSAGE
To Estimating Team:
We would iike to provide,a bid for the roofing fior the project(Carlos Ortega Villas)you
_ are bidding out for The City of Palm Desert in Riverside County.
We ha�e attached our proposal for the roofing work.
Feel free to call me or Eclwrard if you have any questions. Our number fior the office is �
760-593-2356. �
I
�
Altematively, you can email us at:
Edward Imgrung-BigEd@mybcrc�of.00m
Corey Kepler-corey@mybcroof.com
W W W.M Y FAX.C O M E�ibit 6-Page 7 of 7
Exhibit 7
Emily Geller
From: Ani Krikorian
Sent: Wednesday,June 18,2014 9:16 AM
To: Emily Gelfer
Subject: FW:Carlos Ortega - Builder's Choice Roofing- REVISED?
Attachments: 8883835780_140602_606094417.pdf
Thanks,
Ani Krikorian � Project Manager Assistant
�
car�s�aucr�ow ta�.
818.550.8411 Ext:210(v) � 818.550.9411 (�
akrikorian@optimusconstruction.com �www.optimusconstruction.com
This o-mail message,including any attt►elunents,is for the sole ase of the intendecl recipient(s)and may contnin confidential and privileged informution.Any
unauthorized review,nse,disclosure or distribution is pm}ubited.If you are aot the intencted recipient,plelse contact the sender by reply e-mail wd destroy all copies of
the origi�uil message.Optunus Constiuction,Inc.440 Western Ave.,3uite 202, Glendale,Ca.91201
From: Amber Everding ��� ��
Sent: Monday,June 02,2014 9:41 AM
To: Ani Krikorian
Subject: Carlos Ortega-Buifder's Choice Roofing - REVISED?
Amber Everdin�g � Project Coordinator
�� �
G d N S�R V C f 1 O N t N C.
81$.550.8411 x 232 (v)(818.550.9411(fl
aeverding@optimusconstruetion.com �www.o�timusconstruction.com
This e-mafl message,including any attacl�ments,is for the sole use of the intended recipient(s)and u�ay coutain confidentiat and privileged informadoa Any
unautho�ized review,use,disclosure or distributeou is p�nUibited.lf you are not the intended iecipient,please contact the sender by reply e-mail and destroy all copics of
tl�e o�iginal tnessage.Opdmus Construcfion,Iuc 440 Westeiu Ave.,Suite 202, Glendale,Ca.41201
From: Anna Dauz � ��
Sent: Monday,June 02, 2014 9:39 AM
To: estimating
Subject: FW: MyFax Defivery from 18883835780
Anna Dauz(AP/AR Project Specialist
��
C O N f 1 R V C�1 O N t N C.
818.550.8411 x 222(v)�818.550.9411 (�
adauz@optimusconstruction.com(www.optimusconstruction.com
This e-mail message,including any attachments,is for the sole use of the intended recipient(s}and may contain confidential and privileged information.Any
unauthorized review,use,disclosure or disuibution is prohi6ited.lf you are not the intended recipient,please contact the sender by reply e-mail and destroy all
copies of the original message.Optimus Construction,Inc 440 Western Ave.,Suite 202, Glendale,Ca.91201
1
Exhibit 7-Page 1 of 7
Ea�hibit 7
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From: MyFax[mailto:NoReply@MyFax.com]
Sent: Monday,June 02, 2014 9:38 AM
To: Shakeh Melconian-Optimus; Anna Dauz; Emily Geller
Subject: MyFax Delivery from 18883835780
,,..�-
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��.:��;�� �� �Renort this as Junk �MvFax Su000rt �;�
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You have received a fax!
Fax Received at 08/02l2014 09:36:32 GMT-7
Receiving Fax Number: (888)266�719
#of Pages: 3
Sending Fax: 18883835780
Caller id: 4048019001
Please note that ihe image shown below is oniy the first page of the attached fax.To view your fax,open the aftachment.
2
Exhibit 7-Page 2 of 7
Exhibit 7
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To:Optimus Page 1 of 3 2014-06-0216:36:31 (GM"f) 18883835780 From:Corey Kepler
Exhibit 7
FAX COVER SHEET
TO Optimus
COMPANY BIDS
FAX NUMBER 18185509411
FROM Corey Kepler -
DATE 2014-06-0216:36:16 GMT"
RE REVISED PROPOSAL-CARL�S�RTEGA VILLAS(PALM
DES�R�
COVER MESSAGE
Estimating Team,
Please replace our,origin�l proposal for the job(Carios Ortega Viilas)for City of Palm
Deserk
The proposal price has been adjusted due to recatcutation of Prevailing Wages and Per
Diem in Riverside County for 2014_
We apologize for any inconvenience. Please conhact us at(7S0)593 2356 with any
questiorts.
Best Regards,
Corey Kepler
Director of Operations
Buildet's Choice Roafing
Your One�top Siwp for Afl Your Roofing Needs
WWW.MYFAX.COM E�ibit 7-Page 4 of 7
To:Optimus Page 2 of 3 2014-06-0216:36:31 (GM't� 18883835780 From:Coney Kep�er
Exhibit 7
corey@mybcroof,com
Tolf Free:855-207-RDOF(7683)
Local:760-593-2356
Fax 7fi0-59r3 2357
www.mybcroof.com
CA License#743179
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To:Optimus Page 3 of 3 2014-06-0216:36:31 (GMt') 18883835780 From:Corey Kepler
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Ea�ltibit 7-Page 7 of 7
1
Exhibit 8
AFFiDAVIT OF ACKNOWLEDGEMENT
Carlos Ortega Villas
77915 Qvenue of the States
Palm Desert, CA
Optimus Construction, Inc. "Contractor" submitted a Designation of Subcontractors to the City of
Palm Desert on June 2, 2014 for Carlos Ortega Villas "Project" located at 77915 Avenue of the
5tates Palm Dese�t, CA.
THE PARTIES AGREE TO THE FOLLOWING FACTS:
1. The Designation of Subcontractors inc!uded an i�advertent clerical error.
; 2. The subcontractors Builder's Choice and D.BR Roofing were both included as roofing
contractors. It is the intention of the Contractor to subcontract the roofing portion of the
Project in its entirety to D.BR Roofing.
� IN CONSIDERATION OF THESE FACTS, THE CONTRACTOR AND SUBCONTRACTORS
ACKNOWLEDGE THAT, notice has been provided per the requirements of Public Contract
Code §4107.5 of the State of California.
�_�Y�`��Ci(l� . �.���- ���C��;v�rr� � =-�/t� .
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By:
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Name: ����G t� ���_��._._.
, Title: �,I�, i�
Date: —��� ��'j �i��';
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Cc: Heather Buck, City of i�alm Desert Housing �uthority
Marilyn Klinger, Esq., Sedgwick
Ezhibit 8-Page 1 of 4
Exhibit 8
-. -.-- --� - -. _ ._ _ . . '
■A�omplete kems 1,2,and 3.Also complete a���(9 �
item 4 if Restricted Del(very Is des{red. •'' ❑Agent
� r Print your r�ame and address on the reverse X ' ❑Addressee
� so ttiat we can Yeturn the card to you, 8. Rec ' by(Printed Name) C.D te De very
■ Attach this card to the back of the mailpiece, l
or on the front if space permits.
D.Is deiivery address different from Item 1? Y
1. Article Addressed to: If YES,enter delivery address below: ❑No
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DB:7�r�anium Roofing
6016 Falibrook Ave#100 s. serviceTyPB
Woodland Hills, CA 91367 G�Certlfled Mailo ❑Prioqty Mali�xpress"'
❑Registered ❑Retum Recelpt for Merchandise
❑Insured Mail ❑Cdlect on Dellvery i
4. Restri�ted Dellvery?(Extra Fes) ❑yag ; I
2. p,rt►cte�umt��r 7pp9 0820 �Od1 8351 792�6 �
{Ii�ansler from servfce la6en �----- -
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: Ps Form 3811,July 2013 Domestic Retum Receipt �
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Exhibit 8-Page 2 of 4
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Exhibit 8-Page 3 of 4
Exhibit S
AFFIDAVIT OF ACKNOWLEDGEMENT
Carlos Ortega Villas
77915 Avenue of#he States
Palm Desert, CA
Optimus Construction, Inc. "Contractor" submitted a Designation of Subcontractors to the City of
Palm Desert on June 2, 2094 for Carlos Ortega Villas"ProjecY' located at 77915 Avenue of the
States Palm Desert, CA.
THE PARTIES AGREE TO THE FOLLOWING FACTS:
1. The Designation of Subcontractors incfuded an inadvertent clerical error.
2. The subcontractors Builder's Choice and D.BR Roofing were both included as roofing
contractors. It is the intention of the Contractor to subcontract the roofing portion of the
Project in its entirety to D.BR Roofing.
IN CONSIDERATION OF THESE FACTS, THE CONTRACTOR AND SUBCONTRACTORS
ACKNOWLEDGE THAT, notice has been provided per the requirements of Public Contract
Code §4107.5 of the State of California.
By:.
Name: ��� �L-ei`-�
Tit(e: �/ � a-� �r�fi'o+-L
Date: '2�?
Cc: Heather Buck, City of Palm Desert Housing Authority ,
Marilyn KCinger, Esq., Sedgwick ;
Exhibit 8-Page 4 of 4
! '
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f�,'S�T'fw%:�.
�„ '�9
_,,:.s
" BUILDER's
CHOlCE
ROOFING.
City of Palm Desert
HeatherBuck
73-510 Fred Waring Drive
Palm Desert,CA 92260
RE: Objection of Prime Contractor's Claim of Inadvertent Clerical Error for Carlos Ortega Villa
"Project"at 77915 Avenue of the States,Palm Desert,CA
Regarding Request to Sign Affidavit of Acknowledgement
Dear Ms. Buck:
We are in receipt of certified correspondence from Optimus Construction, Inc.("Optimus"),located at
440 Western Ave.,Ste.202,Glendale,California 91201 requesting a signature on an affidavit of
acknowledgement that an inadvertent clerical error was made and affirming their intentions with the
bid. •
We called Optimus and requested more information, because we had never seen any request for an
affidavit such as this.Upon request,Optimus provided a copy of their Designation of Subcontractors to
us by electronic mail on 06/1�/2014.This document was purportedly submitted with their submittal
packet for the bid mentioned above.
Their designation of subcontractors has two roofers listed—Builder's Choice and DBR Roofing. I#a
clerical error was made,as stated,we are unclear why the trade/work descriptions would be different.
We have not received any verification or other information substantiating a clerical error other than a !
verbal claim by Optimus.In fact,we are the chosen roofer for"membrane roofing";if the attached �
Designation of Subcontractors was certified at submittal. Furthermore,California Public Contact Code§
4107(a)states that a prime contractor cannot substitute or remove a sub-contractor from an original bid
unless there was an inadvertent clerical error(CPCC§41�7.5)or the sub-contractor fails to meet the
criteria in CPCC§41Q7(a)[1-4,6-9]. 8uilder's Choice Roofing meets all criteria outlined in the
aforementioned code and there is no reason we would be unable to perform.
The intent of Optimus is not clear and it would be impossible to sign an affidavit swearing to facts that
we cannot verify.We cannot in good faith accept a verbal claim of Inadvertent Clerical Error by Optimus
without any facts to substantiate their claim.
6o5 E. Mission Road � San Marcos � CA � 92069
tolt free. (855)207-ROOF � local.(760�593-2356 � fax. (760)593-2357
www.mvbcroof.com
CA License�i 743179
E�ibit 9-Page 1 of 7
I �
�`n a�9
0.-
BUILDER's
CHOICE
ROOFlNG.
We invested considerable time bidding this project and timely submitted our bid to all general
contractors bidding on the project.We performed our due diligence and adhered to our obligations in
the bidding process. -
According to a phone call with the Housing Authority of The City of Palm Desert;Optimus has withdrawn
their bid and this is the current status. If necessary,we formally request remedy and clarification by the
awarding authority pursuant to CPCC§4107.
Please contact Edward Imgrund or Corey Kepler with any questions at 760-593-2356. �
i
Sincerely,
Edward Imgrund III
i
Owner ;
CC: Amber Everding; Project Coordinator,Optimus Construction Co.(Certified Mail)
Corey Kepler; Director of Operations, Builder's Choice Roofing
605 E. Missian Road � San Marcos � CA � 92069
tol!free.(855)207-ROOF � local.(760)593-2356 � fax.(760)593-2357
www.mvbcroof.com
CA License#743179
Exhibit 9-Page 2 of 7
Exhibit 9 �
SECTION 00 43 36 �� � � �
DESIGNATION OF SUBCONTRACTORS
' To Accompany Bid
Pursuant to alifornia Public Contractin� Code. Section 4100 et. �c.j the followin� list ives the name.
business address. and op rtion of work Idescriqtion of the work to be done for each subcontractcr that wfll
be used in the work if the bidder is awarded the Contract.(Additional supportins data mav be a ached to this
pa�e•Each pa�e shall be seauentiallv numbered.and headed"Proposed Subcontractors"and shall be si ned.
The Bidder shall list all subcontractors who witl era form work or labor or render service to the rp ime �
contractor in excess of one-half of one ep rcent 0.5� of the rp ime Contractor's total bid• or Ten Thousand
Dollars(510.000.00).whichever is ereater
Trade/Work
Name License Address Description
A.M. La Salle Electric, 418433 68-342 Kieley Road Cathedral City,CA Photovoftaic Solar
I nc. 92234
Alcal 815286 1614 Marlborough Ave., Unit S2 Thermal Insulation, '
Riverside,CA 92507 Garage Doors
Baja Construction Co., 412390 223 Foster Street,Box 3080, Martinez, Car Shelters
Inc. CA 94553
BMC 897169 45311 Golf Center Parkway Suite B Rough Carpentry
Indio,CA 92201
Builder s Choice 743179 605 E.Mission Road San Marcos,CA Membrane Roofing
92069
CS Drywall 682773 1935 McKinley Ave.Suite A La Verna,CA Gypsum Board
91750
Dynamic Heating&Air 918498 7343 Orangewood Dr.Ste.A Riverside, HVAC
CA 92504
DBR Roofing 762039 7655 Tobias Ave.Van Nuys,Ca.91405 Roofing
Elite Painting 824184 56409 YUMA TRAIL,YUCCA VALLEY,CA. Painting
92284
Floortech 233647 2184 N. Batavia Street Orange,CA Flooring
92865
Hardy Windows 904342 3425 E.La Palma Ave.Anaheim,CA Windows
92806
Hoffman Concrete 865726 102 E.Grand Blvd.,Corona,CA 92879 Concrete
Hunter Best 713048 4369 Huntley Avenue Culver City,CA Final Cleaning
90230
Inland Empire 743367 P.O. BOX 8247 REDLANDS,CA.92375 Electrical
James A Shirley 710357 59160 Mesa Drive Yucca Valley,CA Wet Utilities
Construction,Inc. 92284-1373
John Barajas Masonry 446180 42-901 Lima Half Rd.Bermuda Dunes, Masonry
CA 92203
Palm Desert Housing Authority Designation of Subcontractors
Carlos Ortega Villas Project Section 00 43 36
E�ibit 9-Page 3 of 7
� �.j�
,
Exhibit 9 =
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Trade/Work
Name License Address Description
Lanz Cabinet 769787 3025 West 7th Street Eugene,OR 97402 Cabinets
Magik 61ass 686337 3500 Tachevah,Suite A Palm Springs,CA Mall Front,Tub&Shower
92262 Doors
Mountain Movers 767120 P.Q. Box 962 San Marcos,CA 92079 Grading
Engineering
�' ,44$� ��cn�ni.,..,.,..,,r.. i i.,;r�v���..-,�t�u,,., r.,:�h r-,.��.,+.-., n,,,,.-� Q.
�
rn� ,
Outdoor Dimensions 532856 5325 E. Hunter Ave.Anaheim,CA 92807 Signage
P/Acevedo 804222 83-649 Indio Blvd. Indio,CA 92201 Cement Plastering
Construction
Residential Design 532888 4900 E.Hunter Ave Anaheim,CA 92807 Tiling
Services
Sears Holding 3333 Beverly Rd. Hoffman Estates, IL Residential Appliances
60179
Shamrock Paving 724588 15508 South Lakewood Blvd.Bellflower, Asphalt Paving
CA 90706
Shasta Fire Protection 476633 72120 Norshore St.,Suite C Thousand Wet-Pipe Sprinkler
Palm,CA 92276 Systems
SSW Mechanical 736942 P.O. Box 3160 Palm Springs,CA 92263 Plumbing
Teserra 656128 86-100 Avenue 54 Coachella CA 92236 Swimming Pools
Tinco 739382 958 N.Eastern,Ave. Los Angeles,CA Flashing and Sheet Metal
90063
Urban Habitat 963744 P.O.Box 1177 La Quinta Ca 92247 Landscaping
Wanke I R C 745936 P.O.Box 1150 Cathedral City,CA 92235 Waterproofing
West Coast Countertops 813421 43085-B Business Park Dr.Temecula,CA Countertops
92590
Westcon Construction 858370 81149 lndio Blvd. Indio,CA 92201 Curbs,Gutters,Sidewalk,
Drwy
VORWALLER BROOKS, 832987 72182 Corporate Way Finish Carpentry,Doors&
INC. Thousand Palrns,Ca 92276 Hardware,Toilet&Bath
Partitions
Palm Desert Housing Authority Designation of Subcontractors
Carlos Ortega Villas Project Section 00 43 36
E�ehibit 9-Page 4 of 7
Ea�hibit 9 �.1 � ,��
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440 Western Ave., Ste. 202 _ -.�_=��'�-,-���" .�^ °
Glendale, CA 91201 - - �� '� °""° �'�`-
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TO: Builder's Choice DATE: June 6,2014
605 E. Mission Road
San Marcos, CA 92069
LETTER OF TRANSMITTAL
TITLE OF PROJECT: Carlos Ortega Villas
We transmit herewith the following information:
❑ Pay Application ❑ Specifications/Manuals
❑ Propasal/Agreement ❑ Drawings
p Change Order � Affidavit of Ackowled�ement
These are transmitted as checked below:
❑ For your files ❑ To be corrected
❑ For your approval ❑ To be executed
❑ For Bidding ❑ To be returned
❑
Rem�rks: Enclosed please find(1) copy of the Affidavit of Acknowledgement of inadvertent clerical
errors on the Designation of Subcontractars for the Carlos Ortega Villas Project.
Please sign and return the executed copy to our office at your earliest convenience. Please
feel free to contact me should you need further information.
Optimus Construction, Inc.
By: Amber Everdin�
Exhibit 9-Page 5 of 7
Exhibit 9 � �
,, � o � �
AFFIDAVIT OF ACKNOWLEDGEMENT
Cartos Ortega Villas
77915 Avenue of the States
Palm Desert, CA
Optimus Construction, inc. "Contractor"submitted a Designation of Subcontractors to the City of
Palm Desert on June 2, 2014 for Carlos Ortega Vilias"Project" located at 77915 Avenue of the
States Palm Desert, CA.
THE PARTIES AGREE TO THE FOLLOWfNG FACTS:
1. The Designation of Subcontractors included an inadvertent clerical error.
2. The subcontractors Builder's Choice and D.BR Roafing were both included as roofing
contractors. It is the intention of the Contracfor to subcontract the roofing portion of the
Project in its entirety to D.BR Roofing.
IN CONSIDERATION OF THESE FACTS, THE CONTRACTOR AND SUBCONTRACTORS _
ACKNOWLEDGE THAT, notice has been provided per the requirements of Public Contract
Code §4107.5 of the State of California.
By:
Name:
Title:
Date:
Cc: Heather Buck, City of Palm Desert Housing Authorify
Marilyn Klinger, Esq., Sedgwick
E�ibit 9-Page 6 of 7
Exhibit 9
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^� 'aHHO�'.7 I ^
� Owner �: ., a�rn� ��j
' biged@mybcroof.com ! �\ v; � �`z �
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' 6p5 E.Mfssfon Road � b j W � �
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BUILDER�S San Marcos,CA 92069 •'�
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Toll Free:(855)207-ROOF,ext.200 �� �
CHOI�E Fax:(760)593-2357 ' ��j �---
ROOF1NG. �e���1619)83831b6 ' �y��, �� N '
www.mybcroof.com i � _
Yourone-stopshopforallyowroofingneeds! ULI<anw743179 ���` ��� m
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, �7 corey@mybcroof.com � �rl� „�
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605 E.Mission Road i ;-�� }'f" U � ��
BUILQER's 1 San Marcos,CA 92069 ' .: ;;�! z w
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Exhibit 9-Page 7 of 7
Exhibit 10
Amber Everding
To: hbuck@cityofpalmdesert.org
Cc: Jeffrey Boysen; Emily Geller; Robert Gibson; Marilyn.Klinger@sedgwicklaw.com
Subject: RE: Carlos Ortega Villas-Scope Confirmation
-------- Original message --------
From: hbuck(d`cit�fpalmdesert.org
Date:06/24/2014 12:09 PM(GMT-08:00)
To: Jeffrey Boysen
Subject: Carlos Ortega Villas - Scope Confirmation
Mr. Boysen,
Today,we held a subcontractor substitution hearing for the flooring and roofing subs. Ms.Aylaian will issue her
determination within three(3)days,as indicated at the hearing. In the mean time, I'd like to confirm a couple of items
with you.
In Optimus' letter dated June 4,2014, it was stated that Optimus inadvertently neglected to include three trades(dry
utilities,fire detection, and metal fabrication). Then, in a letter dated June 13, 2014,Optimus stated that the fire
detection subcontract value is less than one-half of one percent(Public Contract Code Section 4104). As there is no
provision in the Public Contract Code for adding a subcontractor, Optimus intends to self perform the above listed work.
Please confirm if this is correct.
Also,in review of the bid submitted by DBR Premium, Inc., item number 3 under the Description of work lists a torch
down system. 1 believe this is a deviation from the Plans and Specifications. Please confirm that Optimus intends to
provide the products/materials as specified in the Plans and Specifications for this project.
Your written response within 24 hours is appreciated.
Thanks,
HeatherBuck
LEED Accredited Professional,BD+C,O+M
Project Coordinator
Public Works
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert,CA 92260
Tel:760.346.0611 x479
Fax:760.341.7098
1
Exhibit 10-Page 1 of 2
Exhibit 10
2
Exhibit 10-Page 2 of 2
440 Western Ave.,Ste.202
Glendale,CA 91201
� �'�� Exhibit 11 ��o��e�s�s.ssa.sai i
(fax)818.550.9411
C O N 5 T R U C T 1 O N 1 N C.
- _
Via Fax(760)341-7098
�a Email: hbuck@cityofpalmdesert.org
June 25,2014 Via Certified Maii 7013 3020 0002 0314 7739
Heather Buck
City Council -
City of Pa{m Deser# .
Paim Desert Civic Center �
73-510 Fred Waring Drive
Palm Desert, CA 92260 � . �
Re: Carlos Ortega ViHas Project :
77916 Avenue of the States, Palm Desert, CA � � � .
Dear Ms. Buck, .
You are correct that, in Optimus' June 4, 2014 letter, we noted that Optimus inadvertently neglected to include
three trades (dry "utilities, metal fabrication and fire detection). As to the dry utilities and metal fabrication, our
approach was to substitute James A. Shirley and White's Steel in Optimus' place. We obtained and provided to the
City signed affidavits of acknowled.gement of inadvertent clerical errors from both parties for the purpose of �
requesting this substitution. However, if the City will not consent to the substitution, Optirrrus is prepared to self
perform the dry utilities and met�l fabrication trades. �
In regards to fire dete.ction, ot�r June 13, 2014 request for the City's consent for subcontractor substitution, we
noted that the fire detection subcontract value is less than one-half of one percent (Public Contract Code Section ,
�1104). �Je so advised the City because OpYimus was no longer requesfing conserit for that substitution. •� -. ;
The fire detection bid of Pyro-Comm system was $61,490. Optimus' bid price is.$15,423,351.39. F�ence, I�yro-
Comm's subcontract price is only .4% of Optimus' total bid. Public Contract Code Section 4104 only requires that .
bidders set forth the name and location of each subcontractor who will perForm work "in a� amount in excess of
one-half of 1 percent o�the prime contractor's total bid." : . �
Accordingly, there was no need for Optimus to list Pyro-Comm in either its June 2, 2013 Designation of
Subcontractors or its amended June 4, 2013 Designatian of Subcontractors. Therefore, as noted, it withdrew its
request to substitute Pyro-Comm as its fire protection subconCractor because it never needed to list it in the first
place, pursuant to section 4014. �
Optimus will install products and materials for the roofing and all other trades per the Plans and Specifications for
this project.
Hopefully,the above answers your questions and any concerns that the City may have.
Regards,
e y P.
President
Cc: Marilyn Klinger, Esquire, Sedgwick LLP
E�ibit 11-Page 1 of 1
Exhibit 12
AFFIDAVIT OF ACKNOWLEDGEMENT
Carlos Ortega Villas
77915 Avenue af the States
Paim Desert, CA
Optimus Construction, Inc. '�Contractor" submitted a Designation of Subcontractors to the City of
Palm Desert on June 2, 2014 for Carlos Ortega Vitlas "'Praject" located at 77915 Avenue of the
States Palm Desert, CA.
THE PARTIES AGREE TQ TNE FOLLOWING FACTS:
1. The Designation of Subcontractars included an inadvertent clericai error.
2. The subcontractors Fioor Tech and Residential Design Services were both inciuded as
flooring contractors. it is the intention af the Contractor to subcontract the flooring and
tile. portion of the Project in its entirety to Residential Design Services.
IN CONSIUERATION OF THESE FACTS, THE CONTRACT�R AND SUBCONTRACTORS
ACKNOWLEDGE THAT, notice has been provided per the requirements of Public Contract
Code §4107.5 af the State of California.
BY� _.
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Name: �u1Yt c� ����G+��
Title: [�j�ry1G�C/`c�� �r�1/I�r ca�1 f! f�nG�'G f'�
Company:��✓T��j `
Date: ______1��t� ��7 —
Cc: Heather Buck, City of Palm Desert Hausing Authority
Marilyn Klinger, Esq., Sedgwick
Eghibit 12-Page 1 of 4
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Exhibit 12 '
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t Complete items 1,2,and 3.Aiso complete A,sig t e
item 4 tf Aestricted DeiNery fs desired. ❑Agent
� Print your name and address on the reverse X Cf Addressee
so that we can return the card to you, g_ ed by(P�nted ma) C {�of?D�� ery
■ Attach this card to the back of the me((pfece, ��k� .� �� - �
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7. Articte Addrsssed to: D.Is deAvery addresa dlfferent from item 1? ❑Yes
!f YES,enter delivery address below: O No
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' Residential Design Services
4900 E.`Hunter Avenue 3. saNicery�a
Anaheim Nills, CA 92807 ���Iffed Mall� ❑PriorltyMaff Express'"
❑Registered ❑Retum Fieceipt far Merchandtae
Cl tnsured Msti ❑Coilect on Delivery
4. RestHcted Deltvery?(Extrg Fae) ❑Yes
z.ArticleNumber 7Q(19 Q82Q QOt71 835Z 7,122
(fianster�rom servke lebe!}
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Ea�hibit 12-Page 3 of 4
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Exhibit 12
AFFIDAVIT OF ACKNOWLEDGEMENT
Carlos Ortega Villas
77915 Avenue of the States
Palm Desert, CA
Optimus Construction, Inc. "Contractor"submitted a Designation o#Subcontractors to the City of
Palm Desert on June 2, 2014 for Carlos Ortega Villas"Projecf" located at 77915 Avenue af the
States Palm Desert, CA.
THE PARTIES AGREE TO THE FOLLOWING FACTS:
1. The Designation of Subcontractors included an inadvertent clerical error.
2. The subcontractors Floortech and Residential Design Services were both included as
flooring contractors. It is the intention of the Contractor to subcontract the flooring and
tile portion of the Project in its entirety to Residential Design Services.
1N CONSIDERATION OF THESE FACTS, THE C�NTRACTOR AND SUBCONTRACTORS
ACKNOWLEDGE THAT, notice has been provided per the requirements of Public Contract
Code §4107.5 of the State of California.
By:
Name: ���r �e�(aa�
Title: � e� (�b.�►-�c-�-f��
Date: ` (���,p�.��T
Cc: Heather Buck, City of Patm Desert Housing Authority
Marilyn Klinger, Esq., Sedgwick
Exhibit 12-Page 4 of 4
Exhibit 13
AFFIDAVIT OF ACKNOWLEDGEMENT
Carlos Ortega Villas
77915 Avenue of the States
Palm Desert, CA
Optimus Construction, inc. "Contractor"submitted a Designation of Subcontractors to the City of
Paim Desert on June 2, 2014 for Carlos Ortega Villas"Project" located at 77915 Avenue of the
States Paim Desert, CA.
THE PARTIES AGREE TO THE FOLLOWING FACTS:
1. The Designation of Subcontractors included an inadvertent clerical error.
2. The subcontractors Floortech and Residential Design Services were both included as
flooring contractors. It is the intention of ihe Contractor to subcontract the flooring and
tile portion af the Project in its entirety to Residential Design Services.
IN CONSIDERATION OF THESE FACTS, i'HE CONTRACTOR AND SUBCONTRACTORS
ACKNOWLEDGE THAT, notice has bee� provided per the requirements of Public Contract
Code §4107.5 of the State of California.
By: ;�t:�,�' ,%�`C��l
Name: t= r� r;'_c,=C��/t-�
Title: ;� �-- �%�;'-�'=�"�
Date: � �� <<f
Cc: Heatt�er Buck, City of Palm Desert Housing Authority
Marilyn Klinger, Esq., Sedgwick
E�ibit 13-Page 1 of 4
Exhibit 13
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■ Complete items 1,2,and 3.Also complete A. s1 � .
item 41f Restricted Delivery is destred. ❑Agent
■ Print your name and address o�the reverse X - 0 Addressee
so that we can retum the card to you. Received by(Printed iria � .��te of Dellvery
■ Attach this card to the back of the mailpiece, �f��� •
or on the front ff space permks. ��
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Oran e, CA 92865 �c�tmed nn�is o pnority�raltFx�ress^�
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4. Restricted Delivery?(Extra Fee) ❑Yes
2. Arttcle Num6er
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Eathibit 13-Page 2 of 4
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Exhibit 13-Page 3 of 4
Exhibit 13
AFFIDAVIT OF ACKNOWLEDGEMENT
Carlos Ortega Viltas
77915 Avenue of the States
Paim Desert, CA
Optimus Construction, lnc. "Contractor"submitted a Designation of 5ubcontractors to the City of
Palm Desert on June 2, 2014 for Carlos Ortega Villas"Project" located at 77915 Avenue of the
States Palm Desert, CA.
THE PARTIES AGREE TO THE FOLLOWING FACTS:
1. The Designation of Subcontractors included an inadvertent clerical error.
2. The subcontractors Floortech and Residentiaf Design Services were both included as
fiooring contractors. It is#he intention of the Contractor to subcontract the flooring and
tile portion of the Project in its entirety to Residential Design Services.
IN CONSIDERATION OF THESE FACTS, THE CONTRACTOR AND SUBCONTRACTORS
ACKNOWLEDGE THAT, notice has been provided per the requirements of Public Contract
Code §4107.5 of the State of California.
By:
Name: '�.���t�(�.,r
Ti#le: � e� �,�b.e,►-�c�'-f e��
Date: ��,�1 �2(���_
Cc: Heather Buck, City of Palm Desert Housing Authority
Marilyn Klinger, Esq., Sedgwick
E�ehibit 13-Page 4 of 4
Exhibit 14
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AFFIDAVIT OF ACKNOWLEDGEMENT
Carlos Ortega V'i�las
77995 Avenue of the S#ates
Palm Desert, CA
Optimus Construction, Inc. "Contractar"submitted a Designation af Subcontractors to the City of
Palm Desert on June 2, 201�for Garlos Ortega Vilias NPro�ecY'located at 77915 Avenue of the
States Palm Desert, CA.
THE PARTIES AGREE.T�THE F(JLLOWING FACTS:
1. T�e Designation of Subcontractors included an inadvertent clerical error.
2: James A. Shirley was listed as the subcontractor to perform wet utilities work. it fs the �
. intention of-the Contractor to subcoritract both the wet and dry utilities to James A.
Shirley. �
. : 'IN:.C'ONStDERA�'ION OFTHESE.FACTS, THE C�NTRACTOR AND SUBCONTRACTORS
� ACKNpWLEDGE_1'HA�'.��otice.has been provided per the requirements of Public Contract
Code §4107.5 of e S of lifornia.
By:
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Name: �/c��l�//
. Title. � 'rn� ,�w .
Date:
Cc: Heather Buck, City of Palm Desert Housing Authority
.._ . __ Marilyn K�it�e�er, Esq., 9ed.gwi�k _
Exhibit 14-Page 1 of 4
Exhibit 14
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, item 4 If Restricted Delivery is desired. i� ❑Agent
■ Prir�t your name and address on the reverse 0 Addressee
so that we can return the card to you. g. R ived y nted Name) C.Date of oelive
■ Attach this card to the back of the maifpiece,
or on the front it space permits. '
1. Articte Addressed to: D. s delfvery address different from item ? ` Yes
, tf 1'ES,enter d�ivery address below: I�No
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, .fames A. Shir{ey Construction, Inc.
59180 Wlesa Dr. 3. sen�ce TyPe
❑Cert(Red Mail° 0 Priorify Mali Express �
- Yucca Valfey, CA 92284 Cl Registered Cl Return Receipt for Marchandise
❑Insured Msit �Collecton Delivery �
4. Restricted Delivery?(Exfra FeeJ C7 Yes �
2. ArKcle Number f(
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Exhibit 14-Page 3 of 4 �
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Exhibit 14
AFFIDAVtT OF ACKNOWLEDGEMENT
Carlos Ortega Villas
77915 Avenue of the States
Palm Desert, CA
Optimus Construction, Inc. "Contractor" submitted a Designation of Subcontractors to the City of
Paim Desert on June 2, 2014 for Carlos Ortega Villas"Project" located at 77915 Avenue of the
States Palm Desert, CA.
THE PARTIES AGREE TO THE FOLLOWING FACTS:
1. The Designation of Subcontractars included an inadvertent clerical error.
2. James A. Shirley was listed as the subcontractor to perform wet utilities work. It is the
intention of the Contractor to subcontract both the wet and dry utilities to James A.
Shirley.
IN CONSIDERATION OF THESE FACTS, THE CONTRACTOR AND SUBCONTRACTORS
ACKNQVULEDGE THAT, notice has been provided per the requirements of Public Contract
Code§4107.5 of the State of California.
gy: .
Name: t�.,til., 9�c(,t.��
Title: __]� a�' 63e�-h'o�S
Date: �D�/�(�
Cc: Heather Buck, City of Palm Desert Housing Authority
Marilyn Klinger, Esq., Sedgwick
E�ibit 14-Page 4 of 4
Exhibit 15
AFFIDAVIT OF ACKNOWLEDGEMENT
Carlos Ortega Villas
77915 Avenue of the States
Palm Desert, CA
dptimus Construction, Inc."Contractor"submittad a Designation of Subcontractors to the City of
Palm Desert on June 2,2014 for Carlos O�tega Villas"Project"located at 77915 Avenue of the
States Paim Oesert,CA.
THE PARTIES AGREE TO THE FOLLOWING FACTS:
1. The Designation of Subcontractors included an inadvertent clerical error.
2. White's Steel was not listed as tt�e subcontractor to perfonn the metal fabricatian Work.
It is the intention af the Contractor to subcontract the metal fabrication to White's Steel.
IN CONSIDERATION OF THESE FACTS,THE CONTRACTOR AND SUBCONTRACTORS
ACKNOWLEDGE THAT, nodce has been provided per the requirements of Public Contract
Code§41Q7.5 of the State of Califomia.
Company: ,S rara�t.� /� �-
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Signature: -,,-�' _
Name: ��•�J' .�!r c�4 �,�.JJ
Title: �-ca' �%�°G�-�--
Date: _ ��Z_lf��
Cc: Heather Buck,City of Palm Dese�t Housing Authority
Marilyn Kiinger, Esq.,Sedgwick
E�rhibit 15-Page 1 of 2
Exhibit 15
AFFIDAV[T OF ACKNOWLEDGEMENT
Carlos Ortega Viltas
77915 Avenue of the States
Palm Desert, CA
Optimus Construction, Inc. "Contractor" submitted a Designation of Subcontractors to the City of
Palm Desert on June 2, 2014 for Carlos Ortega Villas "ProjecY' located at 77915 Avenue of the
States Palm Desert, CA.
THE PARTIES AGREE TO THE FOLLOWING FACTS:
1. The Designation of Subcontractors included an inadvertent clerical error.
2. White's Steel was not listed as the subcontractor to perform the metal fabrication Work.
It is the intention of the Contractor to subcontract the metal fabricatian to White's Steel.
IN CONSiDERATION OF THESE FACTS, THE CONTRACTOR AND SUBCONTRACTORS
ACKNpWLEDGE THAT, notice has been provided per the requirements of Public Contract
Code §4107.5 of the State of California.
Company: _��35 �V1S�'r.'�io"1�1vtC.. '
Signature:
Name: ���i C�rL�Y
Title: �'1�
Date: �,.Q({ 2.� 1.'�
Cc: Heather Buck, City of Palm Desert Housing Authority �
Marilyn Klinger, Esq., Sedgwick 4
E�ibit 15-Page 2 of 2
Exhibit 16
�� Pyro-Comm Systems, Inc.
15531 CONTAINER LANE H[TNTINGTON BEACH,CA 92649 (714)902-800o fa3c(7t4)902-8001 G10#612153
QUOTATION AND BILL OF MATERIAL
PROJECT: Carlos Ortega Villas Senior Housing DATE: May 27,2014
LOCATION: 77915 Ave of the States Plans: Bid Plans
Palm Desert,CA.
PRODUCT: NOTIFIER Co.Fire Alarm Equipment Spec: Section 28-31-00
Addendum: 1 through 3
"I'his quotation supersedes auy oral quotation which may have been fumished by seller to buyer with respect to the above
mentioned project.The prices and ternis on this quotation are not subject to oral changes or other agreements unless approved
by seller in writing.Quotation valid for 30 days but cancelable in the event of strikes,accidents,fires and material availabiliry
and all other causes beyond seller's control. Terms inconsistent with order will not be binding on seiler. Prices cover only
materials listed below based on our interpretatiou of plans and specifications. Additional equipment unless negotiated prior to
order placement shall be billed accordingly and become an integral part of any Contract,Written Agreement,or Purchase Order.
There is a re-stocking fee equal to a minimum of 25%of the manufacture's list price on all returned material.
SCOPE: Furnish and instali the following fire alarm s�stem to your complete conduit and baxes based on the number uf
devicer,paneis a�d annunciators located on the eicctricai and mechxnical plans.Electrical contractor to provide x J-bos with a
1/2"conduit,from every unit shoK�n to be adaptable,back to the head-end equipement in the electrical room for each building
H ith a pull string and a cover plate.This is for future adaptabilitl�of units shown on bid plans.Site underground conduit f'rom
every building back to building"F"provided by others.
QTY DESCRIPTION QTY DESCRIPTION
1 Inteiligent Fire Alarm Controi Panel(NFS-320)
1 Remote LCD Annunciator
12 Remote Power Supply Potter 10 Amp 6 Outputs
13 Intelligent Smoke Detectors
16 Handicap Room Strobe&Smoke Detector Modules
12 Synchronization Modules
16 Strobes Ceiling Mount
6 Hom Strobes Wall Mount
10 Horn Strobes Ceiling Mount
82 Mini Horn
13 Addressable Module(Flow&Tamper Switch)
13 Addressable Module(P.I.V.Switch)
1 Addressable Module(OS&Y Switch)
13 Sprinkler Bell(FBO)
2 Monitor Module(KNOX BOX Tamper Switch(FBO))
LOT Engineered System Installation Plans
LOT Permit and Plan Check Fees
LOT Installation of System Wiring to Conduit and Boxes by Others
I,OT Installation of System Devices and Conuol Equipment
LOT System Programming
LOT Certification of System Insiallation
Tlie price for the above autlined installation including sales tax is: �61,Q9�.3S
Exhibit 16-Page 1 of 3
Exhibit 16
CONDITIONS:
1 Work shall not be performed unUl a wntracUpurchase order has been received and approved by this office.
2 Invoicing shall be 15%with submittals,balance shall be monthly,based on progress of labor and material. PCSI reserves the right[o stop
work when any invoice exceeds 30 days past due.Retention is due upon completion of order.Should progress payments Not be current at the
time of requesting for a Final Inspection,the Final AcceptanceTest will not be scheduled or performed unfil all payments are current.
3 To insure against manufachues price inaeases and ta avoid backorders,PCSI reserves the right to purchase the equipment
required within 30 days of contract and submittal approval and to invoice[he owner/contractor when the equipment is received.
4 On projects that require plan check andlor submittals,no work shall be perfocmed until aft approvals have been received by this office.
The liability for any work requested prior to approvals shall be the sole responsibility of the owner/company requesling said work.
5 Disputed charges;the owner/contractor shall not retain any amount that exceeds the value of any disputed item including its labor.
6 PCS[does not accept responsibility for discounts in payment,backcharges,or other adjustments without receipt of written
notification of specific problems and/or condidons. Should adjustments be found to be appropriate and cocrect PCSI will
provide written authorization to proceed.
7 All software programming and manuals shall remain the sole property of Pyro-Comm Systems,Inc.
8 A One year warranry is included from the date of final acceptance by the authority having jurisdiction regardless of specification
requirements.
9 High-lifts or scatt'olding required for access to wotk or inspections above 15 feet,shall be provided by the Contractor.A
minimum of Two lifts will be provided a[no cost to PCSI duringpormal business hours.Additional lifts may be required based
on the projec[schedule.
10 All Underground Conduits or[nterior Conduits 1"or I,arger shall have 1/4"pull ropes funiished and installed by the Contractor.
ll Lead Time on engineered plans is normally 2 to 3 weeks after receiving CAD disk or e-mailed CAD files(add$300.00 per sheet
if CAD backgrounds are not provided).Allow 3•4 additio�al weeks for plan submittal
12 Lead Time on plan approval is nonnally 3 to 4 weeks.(Expedited pian check fees are Not Included).
13 l,ead Time on equipment delivery is normally 3 to 4 weeks.
14 All work to be perfoccned during normal working hours(7:00 AM ro 3 00 PM Monday-Friday-Eacluding Holidays)
15 Allow,at least, 2-3 working days&om the date reques[ing service for installers!inspectors[o be on-site.
L6 Failure to follow PCSI plans may result in additional labor to investigate and correct elecuicians'work to meet PCSI's
engineered plans at$75.00 an hour plus travel time. PCSI will not be responsible for delays in meeting your fmal
inspection dates if plans are not followed.
17 Final Inspection is included.Each additional inspection required,due to causes beyond our control,will be billed at$1,000.00 per visit.
L8 Inspection Fornis requiring the approvals or signatures of other trades will be Coordinated by the Contractor and rehuned to PCSI.
I9 Contractor ro call for rough wire uispection after PCSI has completed wire rough in.Devices will not be installed until the Convactor
has received approval of rough wire installation.Damage to any Device or Equipment requested to be installed prior to rough wire
approval or the Significant Clean up of the azea including wall and ceiling finishes will be the responsibility of the Contractor.
20 Parking shall be provided for PCSI employee vehicles.
21 If any legal action or arbitration or other proceeding is brou�t for the enforcement of this Agreement,or because of an alleged
dispu[e,breach,default,or misrepresentation in connecdon with any provision of this Ageement,the successful or prevailing
party shall be entitled to recover from the Iosing party reasonable attorney's fees and the costs incurced therein in addition ro
any relief sought therein.The prevailing part shall be entitled to actual attorney fees,court cost,collection cost and other
related cost,it being in the intendon of both/all pariies to fully reimburse the ofher,should litigation occur
22 Fire pump supplier[o provide the following dry contacts for interface to alarm system:
a.Fire Pump Run
b.Fire Pump Fail
c.Fire Pump Low Fuel
d.Fire Pump Fnel Spill
23 Emergrncy generator supplier to provide the following dry contacts for interface to alarm system:
a.Generator Run
b.Generator Fail
c.Generator Low Fuel
d-Generator Fuel Spill
Exhibit 16-Page 2 of 3
Exhibit 16
EXCLUSIONS:
1 Off-Site Monitoring.(Dry Contacts are available for Monitoring by Others.(Alann,Trouble and Supervisory).
The UDACT programming to a Monitoring Company other than PCSI includes setup of(Alazm,Trouble and Supervisory Only).
2 Central Station Monitoring-Owners can sign a separate mont6ly monitoriug agreement to their lwo telep6one lines.
Monthly fee is$45.00 a month for a minimum of 36
3 Fumisliing,lustalling or Adjusdng Sprinkler Flow,Tamper,PN or OS&Y Switches.(Device temiination's are included)
4 All winng and connections greater than 110 volts shall be provided by other.
5 Underground Conduit including standard boxes,terminal cabinets and gutters.
6 Installation of Specialty Back Boxes and 120vac power circuits.
7 Installatioq weatherproofing and/or ceRification of duct detectors,including air velceity testing.
8 All HVAC Device Installation;including covers,and connections to HVAC equipment.
9 All wire from fire alann control relay/s[o:smoke fire damper conhol,eleva[or cap[ure,eleva[or shunt trip,smoke control moni[or.
10 Elevator conho]interfaces,MCC control in[erfaces and interfaces to other low voltage systems shall be by the contractor.
i l Access Panels,including UL listed Elevator Smoke and Heat Detector Access Door.
12 Bid or Performance Bonds.
13 Waiver of Subrogation.Provided at an cost of 3%of Contract Amount.
l4 Installation of the Door Holder Swivel on the actual door(s).
15 Generator or Fire Pump Status Monitoring Contacts.(Device terminations to Dry Contacu provided by Others are included.).
16 Additions,Alterations or Modifications to the System outside of the designated areas of Construction.
17 [nstallation in areas where ahnospheric contaminants,such as,asbestos,carbon monoxide,methane are present.
18 Smoke Detection or Equipment required for deactivating Delayed Egress or Controlled Exit Devices.
19 Any Pa[ching,Painting,Ceiling Tile Replacement or Repairs of Finished Surfaces.
20 Fire Watch,including financial cost.
21 Smoke Conlrol Panel,Controls,Monitoring,Testing,or Reports.
22 F'reparation of doors and/or jambs Cor door position contacts.
23 Waeranty of the wiring,equipment,or wodunanship of the existing system to be conoected to the Notifier system.
24 2 Hour Rated Cable for Fire Alarm Riser feeds,if 2 hour cable is required there will be an add to tliis quote,It is assumed a 2hour
rated encbsure shaft or room is provided for.
25 Project Labor Agreements or Projects Labor Stabilization compliance.
2G 120 VAC Emergency circuit/s to cabinets,door magnets,relays for smoke fire damper control,elevator shunt irip to be provided
by elecMcian and is excluded from PCSI scope of work.
CLARIFICATIONS:
1 Quotation is based on devices,panels and annunciators shown on the Electrical Bid drawings.
Additional devices required but not shown shall be considered a change to this quotation.
2 Installation by Others,utilizing PCSI Engineered System Plans require an Approval Stamp by a Registered Fire Protection Engineer.
Submittal of Required Documents and Associated Costs to a Regstered Fire Protection Engineer shall be by the Contracror.
3 Demolition of Existing Devices(if provided)includes the disconnection of the zone(s)wire from the Fire Alann system only.
Unutilized or abandoned conduit,backboxes and wiring shall be removed by the Contractor.
4 No CenVal Station Monitoring is provided in this quotation. Owners can sign separate monthly monitoring agreement to their
two phone lines with RJ-31Xjacks. Monthly fee is$45.00 a month for a minimum of 36 months.
Alternate monthly monitoring without any owner provided telephone lines is$75.00 a month for a minimum of 36 months.
5 lf we are to provide monitoring for others only-common alaim,wmmon[rouble and supervisory is to be programmed at this time.
Con[act 1D programming can be provided Tor a minimum fee of$400.00.
6 This quotation is null and void on all project tabor agreements,project stabilization agreements or C.RA agreements
Sign below here to wafirm this is not one t6ose types of project.
Signature: Date:
RESPECTFIJLLY SUBMITTED BY, Authorized Acceptance:
Pyro-Comm Systems,Inc.
Title:
c,re�j �sl�eww�.av�,
Date•
Exhibit 16-Page 3 of 3